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(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 registered <br /> in a program which has received prior approval,evidenced by formal certification by the U.S.Department <br /> of Labor,Employment and Training Administration.The ratio of trainees to journeymen on the job site shall <br /> not be greater than permitted under the plan approved by the Employment and Training Administration. <br /> Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level <br /> of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage <br /> determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee <br /> program. If 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 Division <br /> determines that there is an apprenticeship program associated with the corresponding journeyman wage <br /> rate on the wage determination which provides for less than full fringe benefits for apprentices. Any <br /> employee listed on the payroll at a trainee rate who is not registered and participating in a training plan <br /> approved by the Employment and Training Administration shall be paid not less than the applicable wage <br /> rate on the wage determination for the classification of work actually performed. In addition, any trainee <br /> performing work on the job site in excess of the ratio permitted under the registered program shall be paid <br /> not less than the applicable wage rate on the wage determination for the work actually performed. In the <br /> event the Employment and Training Administration withdraws approval of a training program,the contractor <br /> will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work <br /> performed until an acceptable program is approved. <br /> (iii)Equal employment opportunity.The utilization of apprentices,trainees and journeymen under this part <br /> shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as <br /> 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 in <br /> 29 CFR 5.5(a)(1)through(10)and such other clauses as the EPA determines may by appropriate,and also <br /> a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime <br /> contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all <br /> 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 Davis- <br /> Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by reference in this <br /> 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.Disputes <br /> within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and <br /> Sub recipient(s),State,EPA,the U.S.Department of Labor,or the employees or their representatives. <br /> (10)Certification of eligibility. <br /> (i)By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm <br /> who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts <br /> by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). <br /> D-25 <br />