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(E) <br />(F) <br />Including watchmen and guards, employed in violation of the clause set forth in <br />paragraph (H) of this section, in the suot of sl o for each calendar day on which such <br />individual %vas required or permitted to t\ork in excess of the standard workweek of <br />forty howl without pa) ment of the overtime "ages required by the clause set forth in <br />paragraph 00 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 ail) <br />moneys payable on account oi'tvork 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 stems as may be <br />determined to be necessary to satislj am 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 an) subcontracts the clauses set forth in <br />paragraph (ii) through (% ) 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 b) any subcontractor or lower tier subcontractor <br />with the clauses set forth in paragraphs (H)'through (v) ol'this Section. <br />Appendix Il to Part 200 t Ft— Rights to Im e nuons Made Und •r a Contract or ereenwl <br />(i) if the Federal award meets the definition of "funding agreement" under 37 C.F.R. § <br />401.2(a) and the non -Federal emit) wishes to enter into a contract with a small <br />business finm or nonprofit organization regarding the substitution of parties. <br />assignment or performance or experimental, developmental, or research work under <br />that"funding agreement," the non -Federal entitj'musi comply with the requirements <br />of 37 C.F.R. Part 401 (Rights to Inventions glade b) 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 cooperati\e agreement entered into benteen any Federal agency. <br />other than the Tennessee Valley Authority, and am) 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 or 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 />(iii) 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 />c — a w_1 — avv L u1 — 41ean Air Act ang reaeral water rollt4ion Control Act' if <br />contract is in excess of s 150,000. Vendor shall comply w ith all applicable standards, <br />29 <br />