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HUD-4010 (06/2022)
<br />Previous editions are obsolete. Page 5 of 5 ref. Handbook 1344.1
<br />(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by
<br />virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD
<br />programs pursuant to 24 CFR Part 24.
<br />(iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or
<br />certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment
<br />(e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802.
<br />(11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor
<br />standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the
<br />contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any
<br />proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under
<br />this Contract to his employer.
<br />B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
<br />The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this
<br />paragraph, the terms “laborers” and “mechanics” include watchmen and guards.
<br />(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require
<br />or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek
<br />in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or
<br />mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in
<br />excess of 40 hours in such workweek.
<br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
<br />subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the
<br />unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
<br />under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such
<br />liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
<br />guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum set by the U.S.
<br />Department of Labor at 29 CFR 5.5(b)(2) for each calendar day on which such individual was required or permitted to work
<br />in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in
<br />subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28
<br />U.S.C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year.
<br />(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written
<br />request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any
<br />moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other
<br />Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours
<br />and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to
<br />satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the
<br />clause set forth in subparagraph B(2) of this paragraph.
<br />(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1)
<br />through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier
<br />subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
<br />with the clauses set forth in subparagraphs B(1) through (4) of this paragraph.
<br />C. HEALTH AND SAFETY
<br />The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000.
<br />(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,
<br />hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards
<br />promulgated by the Secretary of Labor by regulation.
<br />(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to
<br />comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law
<br />91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
<br />(3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on
<br />each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and
<br />Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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