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Contractor shall take such action with respect to any subcontract as the PHA, the Secretary of Housing and <br /> Urban Development,or the Secretary of Labor shall direct as a means of enforcing such provisions. <br /> 3. Clean Air and Water Applicable to Contracts in Excess of$100,000 <br /> (a) Definition. "Facility" means any building, plant, installation, structure, mine, vessel or other floating craft, <br /> location, or site of operations, owned, leased, or supervised by the Contractor or any subcontractor,used in the <br /> performance of the contract or any subcontract. When a locarion or site of operations includes more than one <br /> building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the <br /> Administrator, or a designee, of the Environmental Protection Agency (EPA) determines that independent <br /> faciliries are collocated in one geographical area. <br /> (b) In compliance with regulations issued by the United States Environmental Protecrion Agency(EPA), 40 CFR <br /> Part 15, pursuant to the Clean Air Act, as amended ("Air Act"), 42 U.S.C. 7401, et seq., the Federal Water <br /> Pollution Control Act, as amended ("Water Act"), 33 U.S.C. 1251, et seq., and Executive Order 11738, the <br /> Contractor agrees to— <br /> (1) Not utilize any facility in the performance of this contract or any subcontract which is listed on the EPA <br /> List of Violating Faciliries pursuant to Part 15 of the regulations for the duration of time that the facility <br /> remains on the list; <br /> (2) Promptly notify the Contracting Officer if a faciliry the Contractor intends to use in the perfom�ance of this <br /> contract is on the EPA List of Violating Facilities or the Contractor lmows that it has been recommended to <br /> be placed on the List; <br /> (3) Comply with all requirements of the Air Act and the Water Act, including the requirements of Section 114 <br /> of the Air Act and Section 308 of the Water Act, and all applicable clean air and clean water standards; <br /> and, <br /> (4) Include or cause to be included the provisions of this clause in every subcontract, and take such action as <br /> HLTD may direct as a means of enforcing such provisions. <br /> 4. Energy Efficiency <br /> The Contractor shall comply with all standards and policies relating to energy efficiency which are contained in the <br /> energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163) for <br /> the State in which the work under the contract is performed. <br /> 5. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area <br /> Firms <br /> The Contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small <br /> business firms,minority firms,women's business enteiprises,and labor surplus area firms: <br /> (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; <br /> (b) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they <br /> are potential sources; <br /> (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit i <br /> maximum participation by small and minority businesses and women's business enterprises; <br /> (d) Establishing delivery schedules, where the requirements of the contract permit, which encourage <br /> participation by small and minority businesses and women's business enterprises;and <br /> (e) Using the services and assistance of the U.S. Small Business Administration, the Minority Business <br /> Development Agency of the U.S. Department of Commerce, and State and local governmental small <br /> business agencies. <br /> 6. Equal Employment Opportunity <br /> During the performance of this contract,the Contractor agrees as follows: <br /> (a) The Contractor shall not discriminate against any employee or applicant for employment because of race, <br /> color,religion,sex,national origin,or handicap. <br /> (b) The Contractor shall take affirmative action to ensure that applicants are employed,and that employees are <br /> treated during employment without regard to their race, color, religion, sex, narional origin, or handicap. <br /> Such action shall include, but not be limited to, (1) employment, (2)upgrading, (3)demorion,(4) transfer, <br /> (5) recruitment or recruitment advertising, (6) layoff or terminarion, (7) rates of pay or other forms of <br /> compensarion,and(8) selecrion for training,including apprenriceship. <br /> (c) The Contractor shall post in conspicuous places available to employees and applicants for employment the <br /> notices to be provided by the Contracring Officer that explain this clause. <br /> (d) The Contractor shall, in all solicitarions or advertise-ments for employees placed by or on behalf of the <br /> Contractor, state that all qualified applicants will receive considerarion for employment without regard to <br /> race, color,religion,sex,narional origin,or handicap. <br /> (e) The Contractor shall send, to each labor union or representative of workers with which it has a collective <br /> 26 <br /> Doc#:CHI01(239130.00107)50130735v3:08/12/2003/Time:10:48 <br />