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2021-161
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Agreement <br />(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the <br />predetermined rate for the work performed unless they are employed pursuant to and individually <br />registered in a program which has received prior approval, evidenced by formal certification by the U.S. <br />Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on <br />the job site shall not be greater than permitted under the plan approved by the Employment and Training <br />Administration. Every trainee must be paid at not less than the rate specified in the approved program for <br />the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the <br />applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of <br />the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the <br />full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and <br />Hour 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 benefits for <br />apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating <br />in a training plan approved by the Employment and Training Administration shall be paid not less than the <br />applicable wage rate on the wage determination for the classification of work actually performed. In <br />addition, any trainee performing work on the job site in excess of the ratio permitted under the registered <br />program shall be paid not less than the applicable wage rate on the wage determination for the work <br />actually performed. In the event the Employment and Training Administration withdraws approval of a <br />training program, the 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 employment opportunity. The utilization of apprentices, trainees and journeymen under this <br />part shall be in conformity with the equal employment opportunity requirements of Executive Order <br />11246, as amended, and 29 CFR part 30. <br />(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 <br />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 contained <br />in 29 CFR 5.5(a)(1) through (10) and such other clauses as FEMA may by appropriate instructions require, <br />and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The <br />prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor <br />with all the 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 grounds for <br />termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR <br />5.12. <br />(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the <br />Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference <br />in this contract. <br />(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this <br />contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved <br />in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. <br />Disputes within the meaning of this clause include disputes between the contractor (or any of its <br />subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their <br />representatives. <br />Page 10 of 17 <br />
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