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47, Non-Federal Prevailing Wage Rates
(a) Any prevailing wage rate (including basic hourly rate and
any fringe benefits), determined uncer State or tribal law
to be prevailing, with respect to any employee in any
trade or position employed under the contract, is
inapplicable to the contract and shall not be enforced
against the Contractor or any subcontractor, with respect
to employees engaged under the contract whenever
such non-Federal prevailing wage rate exceeds:
(1) The applicable wage rate determined by the Secretary
of Labor pursuant to the Davis-Bacon Act (40 U.S.C.
3141 et seq.) to be prevailing in the locality with
respect to such trade;
(b) An applicable apprentice wage rate based thereon
Specified in an apprenticeship program registered with
the U.S. Department of Labor (DOL) or a DOL-
recognized State Apprenticeship Agency; or
(c) An applicable trainee wage rate based thereon specified
in a DOL-certified trainee program.
48. Procurement of Recovered Materials.
(@) In accordance with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation
and Recovery Act, the Contractor shall procure items.
designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR Part 247 that contain the highest
percentage of recovered maierials practicable, consistent
with maintaining a satisfactory level of competition. The
Contracior shall procure items designated in the EPA
guidelines that contain the highest percentage of
recovered materials practicable unless the Contractor
determines that such items: (1) arc not reasonably
available in a reasonable period of time; (2) fail to meet
Teasonable performance standards, which shalt be
determined on the basis of the guidelines of the National
Institute of Standards and Technology, if applicable to the
item; or (3) are only available at an
unreasonable price.
{) Paragraph (a) of this clause shall apply to items
purchased under this contract where: (1) the
Contractor purchases in excess of $10,000 of the item
under this contract; or (2) during the preceding
Federal fiscal year, the Contractor: (i) purchased any
amount of the iterns for use under a contract that was
funded with Federal appropriations and was with a
Federal agency or a State agency or agency of a
political subdivision of a State; and (ii) purchased a
total of in excess of $10,000 of the itern both under
and outside that contract.
Previous editions are obsolete
Replaces form HUD-5370-A
Page 19 of 19
form HUD-5370 (1/2014)Jump to an indexed page (88 of 88)