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the equal employment opportunity requirements of Executive
<br />Order 11246, as amended, and 29 CFR part 30.
<br />c. Apprentices and Trainees (programs of the U.S. DOT).
<br />Apprentices and trainees working under apprenticeship and
<br />skill training programs which have been certified by the
<br />Secretary of Transportation as promoting EEO in connection
<br />with Federal -aid highway construction programs are not
<br />subject to the requirements of paragraph 4 of this Section IV.
<br />23 CFR 230.111(e)(2). The straight time hourly wage rates for
<br />apprentices and trainees under such programs will be
<br />established by the particular programs. The ratio of
<br />apprentices and trainees to joumeyworkers shall not be
<br />greater than permitted by the terms of the particular program.
<br />5. Compliance with Copeland Act requirements. The
<br />contractor shall comply with the requirements of 29 CFR part
<br />3, which are incorporated by reference in this contract as
<br />provided in 29 CFR 5.5.
<br />6. Subcontracts. The contractor or subcontractor must insert
<br />FHWA-1273 in any subcontracts, along with the applicable
<br />wage determination(s) and such other clauses or contract
<br />modifications as the contracting agency may by appropriate
<br />instructions require, and a clause requiring the subcontractors
<br />to include these clauses and wage determination(s) in any
<br />lower tier subcontracts. The prime contractor is responsible for
<br />the compliance by any subcontractor or lower tier
<br />subcontractor with all the contract clauses in this section. In
<br />the event of any violations of these clauses, the prime
<br />contractor and any subcontractor(s) responsible will be liable
<br />for any unpaid wages and monetary relief, including interest
<br />from the date of the underpayment or loss, due to any workers
<br />of lower -tier subcontractors, and may be subject to debarment,
<br />as appropriate. 29 CFR 5.5.
<br />7. Contract termination: debarment. A breach of the
<br />contract clauses in 29 CFR 5.5 may be grounds for termination
<br />of the contract, and for debarment as a contractor and a
<br />subcontractor as provided in 29 CFR 5.12.
<br />8. Compliance with Davis -Bacon and Related Act
<br />requirements. All rulings and interpretations of the Davis -
<br />Bacon and Related Acts contained in 29 CFR parts 1, 3, and
<br />are herein incorporated by reference in this contract as
<br />provided in 29 CFR 5.5.
<br />9. Disputes concerning labor standards. As provided in 29
<br />CFR 5.5, disputes arising out of the labor standards provisions
<br />of this contract shall not be subject to the general disputes
<br />clause of this contract. Such disputes shall be resolved in
<br />accordance with the procedures of the Department of Labor
<br />set forth in 29 CFR parts 5, 6, and 7. Disputes within the
<br />meaning of this clause include disputes between the contractor
<br />(or any of its subcontractors) and the contracting agency, the
<br />U.S. Department of Labor, or the employees or their
<br />representatives.
<br />10. Certification of eligibility. a. By entering into this contract,
<br />the contractor certifies that neither it nor any person or firm
<br />who has an interest in the contractor's firm is a person or firm
<br />ineligible to be awarded Government contracts by virtue of 40
<br />U.S.C. 3144(b) or § 5.12(a).
<br />b. No part of this contract shall be subcontracted to any
<br />person or firm ineligible for award of a Government contract by
<br />virtue of 40 U.S.C. 3144(b) or § 5.12(a).
<br />c. The penalty for making false statements is prescribed in
<br />the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
<br />U.S.C. 1001.
<br />11. Anti -retaliation. It is unlawful for any person to discharge,
<br />demote, intimidate, threaten, restrain, coerce, blacklist, harass,
<br />or in any other manner discriminate against, or to cause any
<br />person to discharge, demote, intimidate, threaten, restrain,
<br />coerce, blacklist, harass, or in any other manner discriminate
<br />against, any worker or job applicant for:
<br />a. Notifying any contractor of any conduct which the worker
<br />reasonably believes constitutes a violation of the DBA, Related
<br />Acts, this part, or 29 CFR part 1 or 3;
<br />b. Filing any complaint, initiating or causing to be initiated
<br />any proceeding, or otherwise asserting or seeking to assert on
<br />behalf of themselves or others any right or protection under the
<br />DBA, Related Acts, this part, or 29 CFR part 1 or 3;
<br />c. Cooperating in any investigation or other compliance
<br />action, or testifying in any proceeding under the DBA, Related
<br />Acts, this part, or 29 CFR part 1 or 3; or
<br />d. Informing any other person about their rights under the
<br />DBA, Related Acts, this part, or 29 CFR part 1 or 3.
<br />V. CONTRACT WORK HOURS AND SAFETY STANDARDS
<br />ACT
<br />Pursuant to 29 CFR 5.5(b), the following clauses apply to any
<br />Federal -aid construction contract in an amount in excess of
<br />$100,000 and subject to the overtime provisions of the
<br />Contract Work Hours and Safety Standards Act. These
<br />clauses shall be inserted in addition to the clauses required by
<br />29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
<br />terms laborers and mechanics include watchpersons and
<br />guards.
<br />1. Overtime requirements. No contractor or subcontractor
<br />contracting for any part of the contract work which may require
<br />or involve the employment of laborers or mechanics shall
<br />require or permit any such laborer or mechanic in any
<br />workweek in which he or she is employed on such work to
<br />work in excess of forty hours in such workweek unless such
<br />laborer or mechanic receives compensation at a rate not less
<br />than one and one-half times the basic rate of pay for all hours
<br />worked in excess of forty hours in such workweek. 29 CFR
<br />5.5.
<br />2. Violation; liability for unpaid wages; liquidated
<br />damages. In the event of any violation of the clause set forth
<br />in paragraph 1. of this section the contractor and any
<br />subcontractor responsible therefor shall be liable for the
<br />unpaid wages and interest from the date of the underpayment.
<br />In addition, such contractor and subcontractor shall be liable to
<br />the United States (in the case of work done under contract for
<br />the District of Columbia or a territory, to such District or to such
<br />territory), for liquidated damages. Such liquidated damages
<br />shall be computed with respect to each individual laborer or
<br />
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