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including watchmen and guards, employed in violation of the clause set forth in <br />paragraph (ii) of this section, in the sum of $10 for each calendar day on which such <br />individual was required or permitted to work in excess of the standard workweek of <br />forty hours without payment of the overtime wages required by the clause set forth in <br />paragraph (ii) of this section. <br />(IV) The Agency shall upon its own action or upon written request of an authorized <br />representative of the Department of Labor withhold or cause to be withheld, from any <br />moneys payable on account of work performed by the Vendor or subcontractor under <br />any such contract or any other Federal contract with the same prime contractor, or <br />any other federally -assisted contract subject to the Contract Work Hours and Safety <br />Standards Act, which is held by the same prime contractor, such sums as may be <br />determined to be necessary to satisfy any liabilities of such contractor or <br />subcontractor for unpaid wages and liquidated damages as provided in the clause set <br />forth in paragraph (iii) of this section. <br />(V) The Vendor or subcontractor shall insert in any subcontracts the clauses set forth in <br />paragraph (ii) through (v) of this Section and also a clause requiring the <br />subcontractors to include these clauses in any lower tier subcontracts. The Contractor <br />shall be responsible for compliance by any subcontractor or lower tier subcontractor <br />with the clauses set forth in paragraphs (ii) through (v) of this Section. <br />(E) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: <br />(i) If the Federal award meets the definition of "funding agreement' under 37 C.P.R. § <br />401.2(a) and the non -Federal entity wishes to enter into a contract with a small <br />business firm or nonprofit organization regarding the substitution of parties, <br />assignment or performance of experimental, developmental, or research work under <br />that "funding agreement," the non -Federal entity must comply with the requirements <br />of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and <br />Small Business Firms Under Government Grants, Contracts and Cooperative <br />Agreements), and any implementing regulations issued by the Agency. <br />(II) The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement' as any <br />contract, grant, or cooperative agreement entered into between any Federal agency, <br />other than the Tennessee Valley Authority, and any contractor for the performance of <br />experimental, developmental, or research work funded in whole or in part by the <br />Federal government. This term also includes any assignment, substitution of parties, <br />or subcontract of any type entered into for the performance of experimental, <br />developmental, or research work under a funding agreement as defined in the first <br />sentence of this paragraph. <br />(Ili) This requirement does not apply to the Public Assistance, Hazard Mitigation Grant <br />Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance <br />and Training Grant Program, Disaster Case Management Grant Program, and Federal <br />Assistance to Individuals and Households — Other Needs Assistance Grant Program, <br />as FEMA awards under these programs do not meet the definition of "funding <br />agreement." <br />(F) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act If <br />this contract is in excess of $150,000, Vendor shall comply with all applicable standards, <br />29 <br />