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(10)(i) Certification of Eli ibg ility. By entering into this Agreement, the contractor <br />certifies that neither it (nor he or she) nor any person or firm who has an interest in the <br />contractor's firm is a person or firm ineligible to be awarded Government contracts by <br />virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded <br />HUD contracts or participate in HUD programs pursuant to 24 CFR part 24. <br />(ii) No part of this Agreement shall be subcontracted to any person or firm ineligible for <br />award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 <br />CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs <br />pursuant to 24 CFR part 24. <br />(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 <br />U.S.C. 1001. Additionally, U.S. Criminal Code, section 1010, Title 18, U.S.C., "Federal <br />Housing Administration transactions, provides in part: "Whoever, for the purpose of <br />...influencing in any way the action of such Administration ... makes, utters or publishes <br />any statement, knowing the same to be false... shall be fined not more than $5,000 or <br />imprisoned not more than two years, or both." <br />11. Complaints Proceedings or Testimony by Employees. No laborer or mechanic to <br />whom the wage, salary, or other labor standards provisions of this Agreement are <br />applicable shall be discharged or in any other manner discriminated against by the <br />Contractor or any subcontractor because such employee has filed any complaint or <br />instituted or caused to be instituted any proceeding or has testified or is about to testify in <br />any proceeding under or relating to the labor standards applicable under this Agreement <br />to his employer. <br />_(b) Contract Work Hours and Safety Standards Act. The provisions of this paragraph (b) <br />are applicable only where the amount of the prime contract exceeds $100,000. As used <br />in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. <br />(1) Overtime Requirements. No contractor or subcontractor contracting for any part of <br />the contract work which may require or involve the employment of laborers or mechanics <br />shall require or permit any such laborer or mechanic in any workweek in which he or she <br />is employed on such work to work in excess of forty hours in such workweek unless such <br />laborer or mechanic receives compensation at a rate not less than one and one-half times <br />the basic rate of pay for all hours worked in excess of forty hours in such workweek. <br />(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any <br />violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and <br />any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, <br />such contractor and subcontractor shall be liable to the United States (in the case of work <br />Previous Editions are obsolete <br />Page 12 of 15 HUD 52531B <br />. Agreement, Part 2 of 2 <br />4-32 <br />Project -based Voucher Program <br />