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the Employment and Training Administration shall be paid
<br />not less than the applicable wage rate on the wage
<br />determination for the work actually performed. In addition,
<br />any trainee performing work on the job site 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 />(111) 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 />S. 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 cower 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 5.5 may be grounds fort
<br />ermination 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 Belated Act Requirements.
<br />All rulings and inferpretati.nns of the Davis -Bacon and
<br />Related Acta contained In 29 CFR Parts 1, a, and 5 are
<br />herein incorporated by reference In this contract
<br />S. Disputes concerning Labor standards. Disputes
<br />arising out of the labor .sta.ndards 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 />accordahoe with the procedures of the Department of
<br />Labor set forth In 29 CFR Parts 5, tl, 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 repre.sentafives,
<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 1s 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 C:FR 5.12(a)(1) or to be
<br />awarded HUD contracts or participate In HUD programs
<br />pursuant to 24 CFR Part 24,
<br />(li) 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 />p.artiolpate In HUD programs pursuant to 24 CFR Part 24.
<br />(111) The penalty for making false statements Is prescribed€
<br />n the U.S, Criminal Core, 18 U,S.C, 1001, Addlt€onaily, U
<br />.S. Criminal Core, 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 Administratlom.... makes, utters or
<br />publishes any statement knowing the same to be false.....
<br />shall be fined not more than $5,000 or Imprisoned not
<br />more than 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 agalnst 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 relating to 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 than 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; Ilabi.lity for unpaid wages; liquidated
<br />damages. In the event of any violation of the clause setf
<br />orth 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 D.Istrict or to such
<br />territory), for liquidated damages. Such liquidated
<br />damages shall be computed with respect to each individual]
<br />aborer or mechanic, Including watchmen and guards,
<br />employed In violation of the clause set 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 Wthout payment
<br />of the overtime wages required by the clause set forth in sub
<br />paragraph (1) of this paragraph.
<br />Previous edltlons are obsolete form HUD-4010 (0612009)
<br />Page 4 of 5 ref, Handbook 1344,1
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