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34 <br />Contract No. TJCOG-CBS-004 <br />(10) Certification of eligibility. <br />(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or <br />firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded <br />Government contracts by virtue of section 3(a} of the Davis-Bacon Act or 29 CFR 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. 1001. <br />(b) Contract Work flours and Safety Standards Act. As used in this paragraph, the terms laborers and <br />mechanics include watchmen and guards. <br />(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work <br />which may require or involve the employment of laborers or mechanics shall require or permit any such <br />laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of <br />forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than <br />one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such <br />workweek. <br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set <br />forth in paragraph (b)(1) of this section the Contractor and any subcontractor responsible therefore shall be <br />liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United <br />States (in the case of work done under contract for the District of Columbia or a territory, to such District <br />or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to <br />each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause <br />set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such <br />individual was required or permitted to work in excess of the standard workweek of forty hours without <br />payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. <br />(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or <br />Subrecipient shall upon its own action or upon written request of an authorized representative of the <br />Department of Labor withhold or cause to be withheld, from any moneys payable on account of work <br />performed by the Contractor or subcontractor under any such contract or any other Federal contract with <br />the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and <br />Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be <br />necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated <br />damages as provided in the clause set forth in paragraph (b)(2) of this section. <br />(4) Contracts and Subcontracts. The Recipient, Suhrecipient, and Recipient's and Subrecipient's contractor <br />or subcontractor shall insert in any Contracts, the clauses set forth in pazagraph (b)(1) through (4) of this <br />section and also a clause requiring the subcontractors to include these clauses in any lower tier <br />subcontracts. The Recipient shall be responsible for compliance by any subcontractor or lower tier <br />subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. <br />(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of <br />the work and shall preserve them for a period of three years from the completion of the Contract for all <br />laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall <br />contain the name and address of each such employee, social security number, correct classifications, hourly <br />rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. <br />The records to be maintained under this paragraph shall be made available by the Contractor or <br />subcontractor for inspection, copying, or transcription by authorized representatives of the Department of <br />Page 30 of 34 <br />