1. Prevailing Wages. Subcontractor is subject to the provisions, duties, obligations, remedies, and penalties of the federal Davis-Bacon Act, if applicable, which are incorporated herein by reference.
2. Americans With Disabilities Act.
Pursuant to federal regulations promulgated under the authority of the Americans With Disabilities Act, 28 C.F.R. 35.101 et seq., the Subcontractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in the Subcontract or from activities provided for under the Subcontract. As a condition of accepting and executing the Subcontract, the Subcontractor agrees to comply with the “General Prohibitions Against Discrimination,” 28 C.F.R. 35.130, and all other regulations promulgated under Title II of the Americans With Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the federal or state government through contracts with outside contractors.
The Subcontractor shall be responsible for and agrees to indemnify, defend and hold harmless the Indemnified Parties from all Claims brought by any party as a result of the Subcontractor’s failure to comply with the provisions of this Section 2.
3. Equal Employment Opportunities.
During the term of the Subcontract, the Subcontractor agrees to comply with the following “nondiscrimination clause”:
a. The Subcontractor shall not discriminate against any employee, applicant for employment, independent contractor, or any other person because of race, color, religious creed, ancestry, national origin, age or sex. The Subcontractor shall take affirmative action to ensure that applicants are employed, and that employees or agents are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age or sex. Such affirmative action shall include, but is not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. The Subcontractor shall post in conspicuous places, available to employees, agents, applicants for employment and other persons, a notice setting forth the provisions of this nondiscrimination clause.
b. The Subcontractor shall in advertisements or requests for employment placed by it or on its behalf state that all qualified applicants will receive consideration for employment without regard to race, color, religious creed, ancestry, national origin, age or sex.
c. The Subcontractor shall send each labor union or workers’ representative with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers’ representative of its commitment to this nondiscrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by the Subcontractor.
d. It shall be no defense to a finding of noncompliance with the terms and provisions of this nondiscrimination clause that the Subcontractor had delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the Subcontractor was not on notice of the third-party discrimination or made a good faith effort to correct such discrimination, such factor shall be considered in mitigation in determining appropriate sanctions.
e. Where the practices of a union or any training program or other source of recruitment will result in the exclusion of minority group persons, so that the Subcontractor will be unable to meet its obligations pursuant to the terms and provisions of this nondiscrimination clause, the Subcontractor shall then employ and fill vacancies through other nondiscriminatory employment procedures.
f. The Subcontractor shall comply with all laws prohibiting discrimination in hiring or employment opportunities. In the event of the Subcontractor’s noncompliance with the terms and provisions of this nondiscrimination clause or with any such laws, the Subcontractor may, after hearing and adjudication, be terminated or suspended, in whole or in part.
g. The Subcontractor shall furnish all necessary employment documents and records and shall permit access by the Client, ERM and any governmental entity or authority to the Subcontractor’s books, records and accounts, for purposes of investigation to ascertain compliance with the provisions of this non-discrimination clause or Laws.
h. The Subcontractor shall actively recruit minority subcontractors with substantial minority representation among their employees.
i. The Subcontractor shall include the provisions of this nondiscrimination clause in every subcontract, so that such provisions will be binding upon each subcontractor.
4. These Special Terms and Conditions do not limit the applicability of any requirements under the Prime Contract or under Law.
5. Insurance. Subcontractor confirms evidence of Defense Base Act coverage if applicable to the Work.
ERM Legal Department
March 8, 2010