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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />contractors and subcontractors by the administering agency or the Secretary of <br />Labor pursuant to Part Il, Subpart D of the Executive Order. In addition, the <br />applicant agrees that if it fails or refuses to comply with these undertakings, the <br />administering agency may take any or all of the following actions: Cancel, <br />terminate, or suspend in whole or in part this grant (contract, loan, insurance, <br />guarantee); refrain from extending any further assistance to the applicant <br />under the program with respect to which the failure or refund occurred until <br />satisfactory assurance of future compliance has been received from such <br />applicant; and refer the case to the Department of Justice for appropriate legal <br />proceedings. <br />4. DAVIS-BACON ACT <br />a. Standard. All prime construction contracts in excess of $2,000 awarded by non - <br />Federal entities must include a provision for compliance with the Davis -Bacon Act <br />(40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor <br />regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts <br />Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, <br />Appendix II(D). In accordance with the statute, contractors must be required to <br />pay wages to laborers and mechanics at a rate not less than the prevailing wages <br />specified in a wage determination made by the Secretary of Labor. In addition, <br />contractors must be required to pay wages not less than once aweek. <br />b. Applicability. The Davis -Bacon Act only applies to the Emergency Management <br />Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security <br />Grant Program, Tribal Homeland Security Grant Program, Port Security Grant <br />Program, and Transit Security Grant Program. It DOES NOT apply to other FEMA <br />grant and cooperative agreement programs, including the Public Assistance <br />Program. <br />c. Requirements. If applicable, the non-federal entity must do the following: <br />The non -Federal entity must place a copy of the current prevailing wage <br />determination issued by the Department of Labor in each solicitation. <br />The decision to award a contract or subcontract must be conditioned <br />upon the acceptance of the wage determination. The non -Federal entity <br />must report all suspected or reported violations to the Federal awarding <br />agency. <br />ii. Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject <br />to the Davis -Bacon Act, must also include a provision for compliance with <br />68 <br />