(2) The parties to this Agreement agree to comply with HUD’s regulations in 24 CFR
part 135, which implement section 3. As evidenced by their execution of this
Agreement, the parties to this Agreement certify that they are under no
contractual or other impediment that would prevent them from complying with
the part 135 regulations.
(3) 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 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, and shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; the name and location of the
person(s) taking applications for each of the positions; and the anticipated date the
work shall begin.
(4) 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.
(5) 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.
Noncompliance with HUD’s regulations in 24 CFR part 135 may result in
(6)
sanctions, termination of this Agreement for default, and debarment or suspension
from future HUD assisted contracts.
(7) 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. 405e) 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
Page 2 of 15
HUD 52531B
Agreement, Part 2 of 2
Previous Editions are obsolete
Project-based Voucher Program