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.�-� .� <br />approved by the Employment and Training Administration. Every trainee must be paid at not less than <br />the rate specified in the approved program for the trainee's level of progress, expressed <br />as a percentage of the journeyman hourly rate specified in the applicable wage determination. <br />Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If <br />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 <br />Division determines that there is an apprenticeship program associated with the corresponding <br />journeyman wage rate on the wage determination which provides for less than full fringe benefits <br />for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and <br />participating in a training plan approved by the Employment and Training Administration shall <br />be paid not less than the applicable wage rate on the wage determination for the classification of <br />work actually performed. In addition, any trainee performing work on the job site in excess of <br />the ratio permitted under the registered program shall be paid not less than the applicable wage <br />rate on the wage determination for the work actually performed. In the event the Employment <br />and Training Administration withdraws approval of a training program, the contractor will no <br />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 <br />under this part shall be in conformity with the equal employment opportunity requirements of <br />Executive Order 11246, as amended, and 29 CFR part 30. <br />(5) Compliance with Copeland Act requirements. The contractor shall comply with the <br />requirements of 29 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 <br />contained in 29 CFR 5.5 (a)(1) through (10) and such other clauses as the EPA determines may <br />by appropriate, and also a clause requiring the subcontractors to include these clauses in any <br />lower tier subcontracts. The prime contractor shall be responsible for the compliance by any <br />subcontractor or lower tier subcontractor with all 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 <br />grounds for termination of the contract, and for debarment as a contractor and a subcontractor as <br />provided in 29 CFR 5.12. <br />(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations <br />of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein <br />incorporated by reference in this contract. <br />(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of <br />this contract shall not be subject to the general disputes clause of this contract. Such disputes <br />shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 <br />CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the <br />contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of <br />Labor, or the employees or their representatives. <br />Exhibit D, Page 6 of 9 <br />