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, <br />Page: 31 <br />~ classification of work actually performed. In addition, any trainee performing work on the job <br />site in excess of the ratio permitted under the registered program shall be paid not less than the <br />applicable wage rate on the wage determination for the work actually performed. In the event the <br />Employment and Training Administration withdraws approval of a training program, the <br />Contractor will no longer be permitted to utilize trainees at less than the applicable <br />predetermined rate for the work performed until an acceptable program is approved. <br />(iii) Equal em~lovment op~orlunitv - The utilization of apprentices, trainees and journeymen <br />under this part shall be in conformity with the equal employment opportunity requirements of <br />Executive Order 11246, as amended, and 29 CFR part 30. . <br />(5) Compliance with Copeland Act requirements - The Contractor shall comply with the <br />requirements of 29 CFR part 3, which are incorporated by reference in this contract. <br />(6) Subcontracts - The Contractor or subcontractor shall insert in any subcontracts the clauses <br />contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit <br />Administration may by appropriate instructions require, and also a clause requiring the <br />subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall <br />be responsible for the compliance by any subcontractor or lower tier subcontractor with all the <br />contract clauses in 29 CFR 5.5. <br />(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be <br />grounds for termination of the coniract, and for debarment as a contractor and a subcontractor as <br />provided in 29 CFR 5.12. <br />(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and <br />interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are <br />herein incorporated by reference in this contract. <br />(9) Disputes concerning labor standards - Disputes arising out of the labor standards <br />provisions of this contract shall not be subject to the general disputes clause of this contract. <br />Such disputes shall be resolved in accordance with the procedures of the Deparlment of Labor <br />set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes <br />between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. <br />Deparhnent of Labor, or the employees or their representatives. <br />(10) Certification of eligibility -(i) By entering into this contract, the Contractor certifies that <br />neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a <br />person or firm ineligible to be awarded Government coniracts by virtue of section 3(a) of the <br />Davis-Bacon Act or 29 CFR 5.12(a)(1). <br />(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a <br />Government contract by viriue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). <br />(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. <br />1001. <br />Record Retention/Access to Records - The Contractor agrees that it will maintain all data, <br />documents, reports, records, contracts, and su}~porting materials relating to this Contract and the <br />