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Procurement and Contracts
Revised March 2013
C. The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the
SAMPLE CONSTRUCTION CONTRACT (continued)
labor organization or workers’ representative of the contractor’s commitments under this section 3 clause,
and will post copies of the notice in conspicuous places at the work site where both employees and
applicants for training and employment positions can see the notice. The notice shall describe the section
3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship
and training positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation
of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where
the contractor has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled
(1) after the contractor is selected but before the contract is executed, and (2) with persons other than
those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were
not filled to circumvent the contractor’s obligations under 24 CFR part 135.
F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian housing assistance, section
7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the
work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i)
preference and opportunities for training and employment shall be given to Indians, and (ii) preference in
the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section
7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance
with section 7(b).
10) Additional citations as applicable.
Retention of and Access to Records
Authorized representatives of the Secretary of the Agency, the Secretary of HUD, the Inspector
General of the United States, the U.S. General Accounting Office, the <MUNICIPALITY>, or other
pertinent party to this VCDP Grant shall have access to all books, accounts, records, reports, files,
papers, things, or property belonging to, or in use by, the Grantee pertaining to the receipt and
administration of Vermont Community Development Program Funds, as may be necessary to make
audits, examinations, excerpts, and transcripts.
Financial records, supporting documents, statistical records, and all other records pertinent to this
VCDP-FUNDED project shall be retained in separate records and for a minimum of three years after
receipt of a Certificate of Program Completion.
The above requirements shall apply to all sub-grantees, contractors, and subcontractors who enter
into contracts or agreements with the Grantee.
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