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33 <br />Contract No. TJCOG-CBS-004 <br />no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work <br />performed until an acceptable program is approved. <br />(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the <br />predetermined rate for the work performed unless they are employed pursuant to and individually <br />registered in a program which has received prior approval, evidenced by formal certification by the U.S. <br />Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on <br />the job site shall not be greater than permitted under the plan approved by the Employment and Training <br />Administration. Every trainee must be paid at not less than the rate specified in the approved program <br />for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in <br />the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the <br />provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall <br />be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of <br />the Wage and Hour Division determines that there is an apprenticeship program associated with the <br />corresponding journeyman wage rate on the wage determination which provides for less than full fringe <br />benefits 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 be paid <br />not less than the applicable wage rate on the wage determination for the classification of work actually <br />performed. In addition, any trainee performing work on the job site in excess of the ratio permitted <br />under the registered program shall be paid not less than the applicable wage rate on the wage <br />determination for the work actually performed. In the event the Employment and Training <br />Administration withdraws approval of a training program, the Contractor will no longer be permitted to <br />utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable <br />program is approved. <br />(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this <br />part shall be in conformity with the equal employment opportunity requirements of Executive Order <br />11246, as amended and 29 CFR part 30. <br />(5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 <br />CFR part 3, which are incorporated by reference in this Contract. <br />(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's and Subrecipient's contractors <br />and subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through (10) and such <br />other clauses as the Department of Energy may by appropriate instructions require, and also a clause <br />requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be <br />responsible for the compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in <br />this clause. <br />(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 maybe grounds for <br />termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR <br />5.12. <br />(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the <br />Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in <br />this Contract. <br />(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this <br />Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved <br />in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes <br />within the meaning of this clause include disputes between the Recipient, Subrecipient, the Contractor (or <br />any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or <br />their representatives. <br />Page 29 of 34 <br />