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(d) The falsification of any of the above certifications may subject the contractor or subcontractor to avil <br />or criminal prosecution under Section 1001 of Title 18 and Secbon 231 of Tide 31 of the Unibed States Code. <br />(iii) The rnrrtractor or subcontractor shall make the records required under paragraph A.3.(i) of this section <br />available for inspection, wpying, or transcription by authonzed representatives of HUD or its designee or the <br />Departrnent of Labor, and shall permit such representatives to fnterview employees during working hours on the job. <br />If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee <br />may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to <br />cause the suspension of any further payment, advance, or guarantee of funds. Furlfiermore, failure to submit the <br />required records upon request or to make such records available may be grounds for debarment action pursuant to <br />29 CFR Part 5.12. <br />(4) Apprentioes and Trainees. <br />(i) Apprentioes. Apprentices will be permitted to work at less than the predetermined rate for the work <br />they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship <br />program registered with tfie U.S. Department of Labor, Employment and Training Adminlstration. Bureau of <br />Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is <br />employed in his or her first 90 days of probationary employment as an apprentice in such an apprentlceship program, <br />who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and <br />Training or a State Apprendceship Agency (where appropriate) to be eligible for probationary employment as an <br />apprentice. The allowable ratio of apprentices to joumeymen on the job site in any craft dassifiption shall not be <br />greater than the rafio permitted to tfie contractor as to the entire work foroe under the regisbered program. Any <br />worker listed on a payroll at an apprentice wage rate, who is not registered or obherwise employed as stated above, <br />shall be paid not less than the applicable wage rate on the wage determination for the classification of work actuaily <br />performed. In addition, any apprenUce performing work on the job sibe in excess of the ratio pertnitted under the <br />regisbered progrem shall be paid not less than the applicable wage rate on the wage determination for the work <br />actually perfomied. Where a contractor is perForming oonstructJon on a project in a locality other than that in which <br />its progrem is registered, the ratios and wage rates (expressed in percentages of the joumeyman's hourly rete) <br />specified in the contractor's or suboontractors rcyfstered program shall be observed. Every apprentice must be paid <br />at not less than the rate specified in the registered program for the apprerrtice's level of progress, expressed as a <br />percentage of the joumeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid <br />fringe benefits in accordanoe with the provisions of the apprentioeship program._ If the apprenticeship program does <br />not specify fringe benefits, apprentioes must be paid the full amount of fringe benefits listed on the wage <br />determination for the applicable classification. If the Administrator determines that a different practice prevails for <br />the applicable apprentice classification, fringes shall be paid in acoordance with that determination. In the event the <br />Bureau of Apprenticeship and Training, or a Stabe Apprenticeship Agency recognized by the Bureau, withdraws <br />approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprerdices at less than <br />the appllcable predetermined rate for the work performed until an acceptable program is approved. <br />(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to woric at less than the <br />predetermined rate for the work peifonned unless they are employed pursuant to and individually registered in a <br />program which has received prior approval, evidenced by formal oertification by the U.S. Department of Labor, <br />Employment and Training Administration. the ratio of trafnees to joumeymen on the job site shall not be greater <br />than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid <br />at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a <br />percentage of the joumeyman hourly rate specified in the applicable wage determination. Trainees shall be paid <br />fringe benefits in aaordance with the provisions of the trainee program. If the trainee program does not mention <br />fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the <br />Administrator of the Wage and Hour Division determines that there is an apprentioeship program associated with the <br />corresponding joumeyman wage rate on the wage debermination which provides for less than full fringe benefits for <br />apprentices. Any empioyee listed on the payroil at a trainee rate who is not registered and participating in a training <br />plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate <br />on the wage determinabbn for the work actually perfortned. In addition, any trainee performing work on the job site <br />in excess of the ratio permithed under the registered program shall be paid not less than the applicable wage rate on <br />the wage determination for the work actually perfortned. In the event the Employment and Tralning Administration <br />withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than <br />the applicable predetermined rate for the work performed until an acceptable program is approved. <br />(iii) Equal anploynmnt opportunity. The utillzation of apprentices, trainees and joumeymen under tfiis <br />part shall be in conformity with the equal empbyment opportuniry requirements of Executlve Order 11246, as <br />amended, and 29 CFR Part 30. <br />5. Complianoe with Copeland Ad requirements. The contractor shall comply wlth the requirements of 29 <br />CFR Part 3 which are incorporated by referenoe in this contract. <br />62 <br />