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. <br /> . of the Department of Labor set forth in 29 C.F.R. §§5, 6, and 7. Disputes within the <br /> . meaning of this clause include disputes between the contractor (or any of its <br /> subcontractors) and the contracting agency, the U.S. Department of Labor, or the <br /> employees or their representatives. <br /> (9) Certification of Eligibility. <br /> (i.) By entering into a third party contract financed under this Agreement, the <br /> contractor certifies that neither it (nor he nor she) nor any person or firm that <br /> 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 <br /> Act or 29 C.F.R. §5.12(a)(1). <br /> (ii.) No part of this third party contract shall be subcontracted to any person or <br /> firm ineligible for award of a government contract by virtue of Section 3(a) of <br /> the Davis-Bacon Act of 29 C.F.R. §5.12(a)(1). <br /> " (iii.) The penalty for making false statement is prescribed in the U.S. Criminal <br /> Code, 18. U.S.C. §1001. <br /> (10) Contract Work Hours & Safety Standards Act. Grantee shall require contractor to <br /> comply with the applicable provisions of 40 U.S.C. §§327-333 and 29 CFR §§5 & <br /> 1926. <br /> (11) Subcontracts. The contractor shall insert into any subcontracts the clauses set forth <br /> in this SUB-ITEM (A)(1)-(10) of this agreement and also a clause requiring the <br /> subcontractors to include these clauses in any lower tier subcontracts. The prime <br /> contractor shall be responsible for compliance by any subcontractor or lower tier <br /> subcontractor with the clauses set forth in this SUB-ITEM (A)(1)-(10) of this <br /> Agreement. <br /> B. Nonconstruction Contracts Pursuant to Department of Labor regulations, "Labor Standards <br /> Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction <br /> (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the <br /> Contract Work Hours and Safety Standards Act)," 29 CFR Part 5, the following provisions <br /> shall be incorporated in all nonconstruction contracts of$2,500 or more let by the Grantee in <br /> carrying out the Project: <br /> (1) Nonconstruction Contracts The requirements of the clauses contained in 29 C.F.R. <br /> 5.5(b) are applicable to any contract subject to the overtime provisions of the <br /> Contract Work Hours and Safety Standards Act and not to any of the other statutes <br /> cited in 29 C.F.R. Section 5.1. The contractor or subcontractor shall maintain <br /> payrolls and basic payroll records during the course of the work and shall preserve <br /> them for a period of three years from the completion of the contract for all laborers <br /> and mechan'ics, including guards and watchmen, working on the contract. Such <br /> records shall contain the name and address of each such employee, social security <br /> number, correct classifications, hourly rates of wages paid, daily and weekly number <br /> of hours worked, deductions made, and actual wages paid. The records to be <br /> maintained under this clause shall be made available by the contractor or <br /> subcontractor for inspection, copying, or transcription by authorized representatives <br /> of the FTA, U.S. Department of Transportation, or the Department of Labor, and the <br /> contractor or subcontractor will permit such representatives to interview employees <br /> during working hours on the job. <br /> State/Federal Capita!Grant page 36 <br />