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Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set <br /> forth in subparagraph(g)(2)of this clause. <br /> (h) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in <br /> this clause and also a clause requiring the subcontractors to include these provisions in any lower tier <br /> subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower rier <br /> subcontractor with all the provisions contained in this clause. <br /> 15. Non-Federal Prevailing Wage Rates <br /> Any prevailing wage rate(including basic hourly rate and any fringe benefits), deternrined under State or tribal law <br /> to be prevailing,with respect to any employee in any trade or position employed under the contract, is inapplicable <br /> to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees <br /> engaged under the contract whenever either of the following occurs: <br /> (1) Such non-Federal prevailing wage rate exceeds: <br /> (A) the applicable wage rate determined by the Secretary of Labor pursuant to the Davis-Bacon Act(40 <br /> U.S.C. 276a et sec�to be prevailing in the locality with respect to such�ade; <br /> (B) an applicable apprenrice wage rate based thereon specified in an apprenticeship program registered <br /> with the U.S.Department of Labor or a DOL-recognized State Apprenticeship Agency; or <br /> (C)an applicable trainee wage rate based thereon specified in a DOL-certified trainee program;or <br /> (2) Such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate <br /> detemuned by the Secretary of HUD to be prevailing in the locality with respect to such trade or posirion. <br /> 35 <br /> c#:CHI01 239130-00107)50130735v3;08/12/2003/Time:10:48 <br /> Do ( <br />