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, Salem Area Mass Transit District/Marion County IFB 00-03 38 <br />TAB Services <br />the full amount of fringe benefits listed on the wage determination for the applicable <br />classification. If the Administrator of the Wage and Hour Division of the U.S. Department of <br />Labor determines that a different practice prevails for the applicable apprentice classification, <br />fringes shall be paid in accordance with that determination. In the event the Bureau of <br />Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, <br />withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to <br />utilize apprentices at less than the applicable predetermined rate for the work performed until an <br />acceptable program is approved. <br />(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less <br />than the predetermined rate for the work performed unless they are employed pursuant to and <br />individually registered in a program which has received prior approval, evidenced by formal <br />certification by the U.S. Department of Labor, Employment and Training Administration. The <br />ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan <br />approved by the Employment and Training Administration. Every trainee must be paid at not <br />less than the rate specified in the approved program for the trainee's level of progress, expressed <br />as a percentage of the journeyman hourly rate specified in the applicable wage determination. <br />Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If <br />the trainee program does not mention fringe benefits, trainees shall be paid the full amount of <br />fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour <br />Division determines that there is an apprenticeship program associated with the corresponding <br />journeyman wage rate on the wage determination which provides for less than full fringe <br />benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered <br />and participating in a training plan approved by the Employment and Training Administration <br />shall be paid not less than the applicable wage rate on the wage determination for the <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.~lo~ment op~ortunitv - 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 contract, and for debarment as a contractor and a subcontractor as <br />provided in 29 CFR 5.12. <br />