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Federal Transit Administration Clauses <br /> <br />13 <br /> <br />addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also <br />comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations <br />at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole <br />or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any <br />means, any person employed in the construction, completion, or repair of public work, to give up any <br />part of the compensation to which he or she is otherwise entitled. <br />Davis-Bacon Act, (40 U.S.C. §§ 3141 – 3144, and 3146 – 3148) as supplemented by Department of Labor <br />regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally <br />Financed and Assisted Construction”). When required by federal program legislation, all prime <br />construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for <br />compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141 – 3144, and 3146 – 3148) as supplemented by <br />Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts <br />Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors <br />must be required to 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, contractors must be <br />required to pay wages not less than once a week. The non-federal entity must place a copy of the <br />current prevailing wage determination issued by the Department of Labor in each solicitation. The <br />decision to award a contract or subcontract must be conditioned upon the acceptance of the wage <br />determination. The non-federal entity must report all suspected or reported violations to the federal <br />awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti- <br />Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, <br />“Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by <br />Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be <br />prohibited from inducing, by any means, any person employed in the construction, completion, or repair <br />of a public work, to give up any part of the compensation to which he or she is otherwise entitled. The <br />non-federal entity must report all suspected or reported violations to the federal awarding agency. <br />15. CONTRACT WORK HOURS AND SAFETY STANDARDS (40 U.S.C. §§ 3701 <br />– 3708) <br />This clause flows down and extends to all third-party contractors and their contracts. It must be included <br />in every tier contract. <br />For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, must <br />include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of <br />Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required <br />to compute the wages of every mechanic and laborer based on a standard work week of forty (40) <br />hours. Work in excess of the standard work week is permissible provided that the worker is <br />compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in <br />excess of forty (40) hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to <br />construction work and provide that no laborer or mechanic must be required to work in surroundings or <br />under working conditions which are unsanitary, hazardous or dangerous. These requirements do not <br />apply to the purchases of supplies or materials or articles ordinarily available on the open market, or <br />contracts for transportation or transmission of intelligence. <br />In the event of any violation of the clause set forth herein, the Contractor and any subcontractor <br />responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor