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--. <br />(10) Certification of eligibility. <br />.-. <br />(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any <br />person or firm who has an interest in the contractor's firm is a person or firm ineligible to be <br />awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR <br />5.12(a)(1). <br />(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a <br />Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). <br />(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. <br />1001. <br />4. Contract Provision for Contracts in Excess of $100,000. <br />(a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following <br />clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an <br />amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours <br />and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by <br />Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics <br />include watchmen and guards. <br />(1) Overtime requirements. No contractor or subcontractor contracting for any part of the <br />contract work which may require or involve the employment of laborers or mechanics shall <br />require or permit any such laborer or mechanic in any workweek in which he or she is employed <br />on such work to work in excess of forty hours in such workweek unless such laborer or mechanic <br />receives compensation at a rate not less than one and one-half times the basic rate of pay for all <br />hours worked in excess of forty hours in such workweek. <br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the <br />clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor <br />responsible therefore shall be liable for the unpaid wages. In addition, such contractor and <br />subcontractor shall be liable to the United States (in the case of work done under contract for the <br />District of Columbia or a territory, to such District or to such territory), for liquidated damages. <br />Such liquidated damages shall be computed with respect to each individual laborer or mechanic, <br />including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) <br />of this section, in the sum of $10 for each calendar day on which such individual was required or <br />permitted to work in excess of the standard workweek of forty hours without payment of the <br />overtime wages required by the clause set forth in paragraph (a)(1) of this section. <br />(3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written <br />request of the EPA Award Official or an authorized representative of the Department of Labor, <br />shall withhold or cause to be withheld, from any moneys payable on account of work performed <br />by the contractor or subcontractor under any such contract or any other Federal contract with the <br />same prime contractor, or any other federally-assisted contract subject to the Contract Work <br />Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may <br />Exhibit D, Page 7 of 9 <br />