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vendor. The contractor will take such action with respect to any subcontract or <br />purchase order as the administering agency may direct as a means of enforcing such <br />provisions, including sanctions for noncompliance: provided, however, that in the <br />event a contractor becomes involved in, or is threatened with, litigation with a <br />subcontractor or vendor as a result of such direction by the administering agency, <br />the contractor may request the United States to enter into such litigation to protect <br />the interests of the United States. <br />The applicant further agrees that it will be bound by the above equal opportunity clause with <br />respect to its own employment practices when it participates in federally assisted construction <br />work: Provided, that if the applicant so participating is a state or local government, the above equal <br />opportunity clause is not applicable to any agency, instrumentality or subdivision of such <br />government which does not participate in work on or under the contract. <br />The applicant agrees that it will assist and cooperate actively with the administering agency and <br />the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal <br />opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it <br />will furnish the administering agency and the Secretary of Labor such information as they may <br />require for the supervision of such compliance, and that it will otherwise assist the administering <br />agency in the discharge of the agency's primary responsibility for securing compliance. <br />The applicant further agrees that it will refrain from entering into any contract or contract <br />modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred <br />from, or who has not demonstrated eligibility for, Government contracts and federally assisted <br />construction contracts pursuant to the Executive Order and will carry out such sanctions and <br />penalties for violation of the equal opportunity clause as may be imposed upon contractors and <br />subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart <br />D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with <br />these undertakings, the administering agency may take any or all of the following actions: Cancel, <br />terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain <br />from extending any further assistance to the applicant under the program with respect to which the <br />failure or refund occurred until satisfactory assurance of future compliance has been received from <br />such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. <br />i. Contractor will comply, and all its subcontractors will comply, with all <br />requirements of the California Public Contract Code Section 10295.3, as applicable. <br />j. Contractor will comply, and all its subcontractors will comply, with all <br />requirements of the Copeland "Anti -Kickback" Act (18 U.S.C.''874) as supplemented in <br />Department of Labor regulations (29 CFR Part 3), as applicable. A breach of the contract clauses <br />above may be grounds for termination of the contract, and for debarment as a contractor and <br />subcontractor as provided in 29 C.F.R. § 5.12. <br />k. Contractor will comply, and all its subcontractors will comply, with all <br />requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department <br />of Labor regulations (29 CFR Part 5), as applicable. <br />13 <br />