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31 If the Recipient must provide a non-federal share,unless FTA has stated otherwise in writing that the <br /> Recipient may defer the non-federal share:The Recipient will not request or obtain more federal <br /> assistance than justified by the eligible non-federal share it has provided; The Recipient will not cause <br /> the proportion of federal assistance available for the Award at any time to exceed the percentage of <br /> federal assistance authorized and documented in the Underlying Agreement;and When combined with <br /> federal payments,the Recipient will be able to demonstrate that the non-federal share will be adequate <br /> to cover all eligible costs incurred in support of the Award. <br /> Davis-Bacon Act <br /> As amended(40 U.S.C.§§3141—3148).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 nonfederal entity must place a copy of the current <br /> prevailing wage determination issued by the Department of Labor in each solicitation.The decision to <br /> award a contract or subcontract must be conditioned upon the acceptance of the wage determination. <br /> The non-federal entity must report all suspected or reported violations to the federal awarding agency. <br /> The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 <br /> U.S.C.§3145),as supplemented by Department of Labor regulations(29 CFR Part 3, "Contractors and <br /> Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from <br /> the United States").The Act provides that each contractor or subrecipient must be prohibited from <br /> inducing, by any means,any person employed in the construction,completion,or repair of a public <br /> work,to give up any part of the compensation to which he or she is otherwise entitled.The non-federal <br /> entity must report all suspected or reported violations to the federal awarding agency. <br /> Contract Work Hours and Safety Standards Act <br /> (40 U.S.C. §§3701—3708).Where applicable,all contracts awarded by the non-federal entity in excess <br /> of$100,000 that involve the employment of mechanics or laborers must include a provision for <br /> compliance with 40 U.S.C.§§3702 and 3704,as supplemented by Department of Labor regulations(29 <br /> CFR Part 5). Under 40 U.S.C.§3702 of the Act,each contractor must be required to compute the wages <br /> of every mechanic and laborer based on a standard work week of 40 hours.Work in excess of the <br /> standard work week is permissible provided that the worker is compensated at a rate of not less than <br /> one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. <br /> The requirements of 40 U.S.C. §3704 are applicable to construction work and provide that no laborer or <br /> mechanic must be required to work in surroundings or under working conditions which are unsanitary, <br /> hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or <br /> articles ordinarily available on the open market,or contracts for transportation or transmission of <br /> intelligence. FY2022 Contractors Manual—Procurement 9-55 <br /> Rights to Inventions Made Under a Contract or Agreement <br /> If the federal award meets the definition of"funding agreement"under 37 C.F.R.§401.2(a)and the <br /> recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit <br /> organization regarding the substitution of parties,assignment or performance of experimental, <br /> developmental,or research work under that"funding agreement,"the recipient or subrecipient must <br /> comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit <br />