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the Employment and Training Administration shall be paid
<br />not less then the applicable wage rate on the wage
<br />determination for the work actually performed. In add Nlon,
<br />any trainee performing work on the job alto In excess oft
<br />he ratio permitted under the registered program shall be
<br />paid not less than the applicable wage rate on the wage
<br />determination for the work actually performed. In the
<br />event the Employment and Training Administration
<br />withdraws approval of a training program, the contractor
<br />will no longer be permitted to utilize trainees at less thant
<br />he applicable predetermined rate for the work performed
<br />until an acceptable program is approved.
<br />(III) Equal employment opportunity. The utilization of
<br />apprentices, trainees and Journeymen under 29 CFR Part 5
<br />shall be in conformity with the equal employment
<br />opportunity requirements of Executive Order 11246, as
<br />amended, and 29 CFR Part 30.
<br />5. Compliance with Copeland Act requirements. The
<br />contractor shall comply with the requirements of 29 CFR
<br />Part 3 which are Incorporated by reference in this contract
<br />6. Subcontracts, The contractor or subcontractor will
<br />Insert In any subcontracts the clauses contained in
<br />subparagraphs 1 through 11 in this paragraph A and such
<br />other clauses as HUD or Its designee may by appropriate
<br />Instructions require, and a copy of the applicable
<br />Prevailing wage decision, and also a clause requiring the
<br />subcontractors to Include these clauses in any lower tier
<br />subcontracts. The prime contractor shall be responsible
<br />for the compliance by any subcontractor or lower tier
<br />subcontractor with all the contract clauses in this
<br />paragraph.
<br />7. Contract termination; debarment. A breach of the
<br />contract clauses In 29 CFR 5.6 may be grounds fort
<br />erminatlon of the contract and for debarment as a c
<br />ontractor and a subcontractor as provided In 29 CFR
<br />5,12.
<br />8. Compliance with Davis -Bacon and Related Act Requirements.
<br />All rulings and Interpretations of the Davis -Bacon and
<br />Related Acts contained in 29 CFR Parts 1, 3, and 6 are
<br />herein Incorporated by reference in this contract
<br />9. Disputes concerning labor standards. Disputes
<br />arising out of the labor standards provisions of this
<br />contract shall not be subJect to the general disputes
<br />clause of this contract. Such disputes shall be resolved In
<br />accordance with the procedures of the Department of
<br />Labor set forth In 29 CFR Parts 5, 6, and 7. Disputes
<br />within the meaning of this clause include disputes betweent
<br />he contractor (or any of its subcontractors) and HUD orit
<br />s designee, the U.S. Department of Labor, or the
<br />employees or their representatives.
<br />10, (1) Certification of Eligibility. By entering Into this
<br />contract the contractor certifies that neither It (nor he or
<br />she) nor any person or firm who has an Interest In the
<br />contractor's firm is a person or firm Ineligible to be
<br />awarded Government contracts by virtue of Section 3(a) oft
<br />he Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be
<br />awarded HUD contracts or participate in HUD programs
<br />pursuant to 24 CFR Part 24.
<br />(11) No part of this contract shall be subcontracted to any
<br />person or firm Ineligible for award of a Government
<br />contract by virtue of Section 3(a) of the Davis -Bacon Act
<br />or 29 CFR 5,12(a)(1) or to be awarded HUD contracts or
<br />participate In HUD programs pursuant to 24 CFR Part 24,
<br />(III) The penalty for making false statements is prescribedi
<br />In the U.S. Crlmtnal Cofe, 18 u,S.C. 1001. Additionally, U
<br />.S. Criminal Cofe, Section 1 01 0, Title 18, U.S.C.,"F
<br />ederal Housing Administration transactions`, provides in
<br />part: "Whoever, for the purpose of . , . Influencing in any
<br />way the action of such Administratlon...., makes, utters or
<br />publishes any statement knowing the some to be false.....
<br />shall be fined not more than $5,000 or imprisoned not
<br />more then two years, or both."
<br />11. Complaints, Proceedings, or Testimony by
<br />Employees. No laborer or mechanic to whom the wage,
<br />salary, or other labor standards provisions of this Contract
<br />are applicable shall be discharged or In any other manner
<br />discriminated against by the Contractor or any
<br />subcontractor because such employee has filed any
<br />complaint or instituted or caused to be Instituted any
<br />proceeding or has testified or Is about to testify In any
<br />proceeding under or relatingto the labor standards
<br />applicable under this Contract to his employer,
<br />B. Contract Work Hours and Safety Standards Act. The
<br />provisions of this paragraph B are applicable where the amount of the
<br />prime contract exceeds $100,000, As used in this paragraph, the
<br />terms "laborers" and "mechanics" include watchmen and guards.
<br />(1) Overtime requirements. No contractor or subcontractor
<br />contracting for any part of the contract work which may require or
<br />Involve the employment of laborers or mechanics shall require or
<br />permit any such laborer or mechanic In any workweek In which the
<br />Individual Is employed on such work to work In excess of 40 hours in
<br />such workweek unless such laborer or mechanic receives
<br />compensation at a rate not less then one and one-half times the basic
<br />rate of pay for all hours worked in excess of 40 hours In such
<br />workweek.
<br />(2) Violation; liability for unpaid wages; liquidated
<br />damages. In the event of any violation of the clause self
<br />Orin In subparagraph (1) of this paragraph, the contractor
<br />and any subcontractor responsible therefor shall be liable
<br />for the unpaid wages. In addition, such contractor and
<br />subcontractor shall be liable to the United States (in the
<br />case of work done under contract for the District of
<br />Columbia or a territory, to such District or to such
<br />territory), for liquidated damages. Such liquidated
<br />damages shall be computed with respect to each indlvlduall
<br />aborer or mechanic, Including watchmen and guards,
<br />employed In violation of the clause sat forth In
<br />subparagraph (1) of this paragraph, in the sum of $10 for each
<br />calendar day on which such individual was required or permitted to
<br />work in excess of the standard workweek of 40 hours vdthcut payment
<br />of the overtime wages required by the clause set forth in sub
<br />paragraph (1) of this paragraph.
<br />Previous editions are obsolete form HUD4010 (0612009)
<br />Page 4 of 5 ref. Handbook 1344A
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