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<br />(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
<br />award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or
<br />29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs
<br />pursuant to Executive Order 12549.
<br />(iii) The penalty for making false statements is prescribed in the U. S. Criminal Code,
<br />18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C.,
<br />Federal Housing Administration transactions, provides in part Whoever, for the
<br />purpose of. . .influencing in any way the action of such Administration. . .makes,
<br />utters or publishes any statement, knowing the same to be false. . .shall be fined not
<br />more than $5,000 or imprisoned not more than two years, or both.
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<br />11. Complaints, Proceedings, or Testimony by Employees. No laborer or
<br />mechanic to whom the wage, salary, or other labor standards provisions of this
<br />contract are applicable shall be discharged or in any other manner discriminated
<br />against by the contractor or any subcontractor because such employee has filed any
<br />complaint or instituted or caused to be instituted any proceeding or has testified or is
<br />about to testify in any proceeding under or relating to the labor standards applicable
<br />under this contract to his employer.
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<br />B. Co_ntract '!V()rk Hour~ aQd Safety S~anctards ~ct. As used in the paragraph, the
<br />terms laborers and mechanics include watchmen and guards.
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<br />(1) Overtime requirements. No contractor or subcontractor contracting for any part of
<br />the contract work which may require or involve the employment of laborers or
<br />mechanics shall require or permit any such laborer or mechanic in any workweek in
<br />which he or she is employed on such work to work in excess of forty hours in such
<br />workweek unless such 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 worked in excess of
<br />forty hours in such workweek.
<br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
<br />violation of the clause set forth in subparagraph (1) of this paragraph, the contractor
<br />and any subcontractor responsible therefore shall be liable for the unpaid wages. In
<br />addition, such contractor and subcontractor shall be liable to the United States (in
<br />the case of work done under contract for the District of Columbia or a territory, to
<br />such District or to such territory), for liquidated damages. Such liquidated damages
<br />shall be computed with respect to each individual laborer or mechanic, including
<br />watchmen and guards, employed in violation of the clause set forth in subparagraph
<br />(1) of this paragraph, in the sum of $10 for each calendar day on which such
<br />individual was required or permitted to work in excess of the standard workweek of
<br />forty hours without payment of the overtime wages required by the clause set forth in
<br />subparagraph (1) of this paragraph.
<br />(3) Withholding for unpaid wages and liquidated damages. EPA or its designee shall
<br />upon its own action or upon written request of an authorized representative of the
<br />Department of Labor withhold or cause to be withheld, from any moneys payable on
<br />account of work performed by the contractor or subcontractor under any such
<br />contract or any other Federal contract with the same prime contract, or any other
<br />Federally-assisted contract subject to the Contract Work Hours and Safety
<br />Standards Act I which is held by the same prime contractor such sums as may be
<br />determined to be necessary to satisfy any liabilities of such contractor or
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<br />09/09
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<br />00810-7
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<br />03-4122.F
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