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the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the
trainee’s level of progress, expressed as a percentage
of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid
(2) No part of this contract shall be subcontracted fo any
person or firm ineligible for award of a United States
Government contract by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
(3) The penalty for making false statements is prescribed
in the U. S. Criminal Cade, 18 U.S.C. 1001.
fringe benefits in accordance with the provisions of the @ Contract Work Hours and Safety Standards Act. As used
trainee program. If the trainee prograrn dees not
mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed in the wage
determination unless the Administrator of the Wage
and Hour Division determines that there is an
apprenticeship program associated with the
corresponding journeyman wage rate in the wage
determination which provides for less than full fringe
benefits for appreniices. Any employee listed on the
payroll at a trainee rate who is not registered and
Participating in a training plan approved by the
Employment and Training Administration shall be paid
not less than the applicable wage rate in the wage
determination for the classification of work actually
performed. [n addition, any trainee performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate in the wage determination for the
work actually performed. In the event the Employment
and Training Administration withdraws approval of a
training program, the Contractor will no longer be
permitted to utilize trainees at less than the applicable
predetermined rate for the work performed
until an acceptable program is approved.
(3) Equal employment opportunity. The utilization of
apprentices, trainees, and journeymen under this
Clause shall be in conformity with the equal
employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
Compliance with Copeland Act requirements. The
Contractor shall comply with the requirements of 29 CFR
Part 3, which are hereby incorporated by reference in this
contract.
iS)
(f) Contract termination; debarment. A breach of this contract
clause may be grounds for termination of the contract and
for debarment as a Contractor and a subcontractor as
provided in 29 CFR 5,12.
Compliance with Davis-Bacon and related Act
requirements. All rulings and interpretations of the Davis-
Bacon and related Acts contained in 29 CFR Parts 7, 3,
and 5 are herein incorporated by reference in this
contract.
(fh) Disputes conceming labor standards. Disputes arising cut
of the labor standards provisions of this clause shall not
be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29
CFR Parts 5, 8, and 7. Disputes within the meaning of
this clause include disputes between the Contractor (ar
any of its subcontractors) and the PHA, HUD, the U.S.
Department of Labor, or the employees or their
representatives.
@) Certification of eligibility.
(1) By entering into this contract, the Contractor cettifies.
that neither it (nor he or she} nor any person or firm
who has an interest in the Contractor's firm is a
person or firm ineligible to be awarded contracts by
the United States Government by virtue of section
3{a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
@)
Previous editions are obsolete Page 18 of 19
Replaces form HUD-§370-A
in this paragraph, the terms “laborers” and “mechanics”
include watchmen and guards.
(1) Overtime requirements. No contractor or
subcontractor contracting for any part of the contract
work which may require or involve the employment of
laborers or mechanics, including watchmen and
guards, shall require or permit any such laborer or
mechanic in any workweek in which the individual is
employed on such work to work in excess of 40 hours
in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and
one-half times the basic rate of pay for all hours
worked in excess of 40 hours in such workweek.
{2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the
provisions set forth in subparagraph (j)(1) of this
clause, the Contractor and any subcontractor
responsible therefor shall be liable for the unpaid
wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in
the case of work done under contract for the District
of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each
individual laborer or mechanic (including watchmen
and guards) employed in violation of the provisions
set forth in subparagraph (j)(1) of this clause, in the
sum of $27 for each calendar day on which such
individual was required or permitted ta work in excess
of the standard workweek of 40 hours without
payment of the overtime wages required by
provisions set forth in subparagraph (j)(1) of this
clause. DOL posts current fines at: httos:/Awww.dol.govAwhd/
govcontracts/cwhssa.htm#cmp
(8) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on
account of work perfonned by the Contractor or
subcontractor under any such contract or any Federal
contract with the same prime Contractor, or any other
Federally-assisted contract subject to the Contract
Work Hours and Safety Standards Act, which is held
by the same prime Contractor, such sums as may be
determined to be necessary io satisfy any liabilities of
such Contractor or subcontractor for unpaid wages
and liquidated damages as provided in the provisions
set forth in subparagraph (j)(2) of this clause.
(k) Subcontracts. The Contractor or subcontractor shall insert
in any subcontracts ail the provisions contained in this
clause, and such other clauses as HUD or its designee
may by appropriate instructions require, and also a
clause requiring the subcontractors te include these
provisions in any lower tier subcontracts. The prime
Contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all these
provisions.
form HUD-5370 (1/2014)Jump to an indexed page (88 of 88)