; and (B) a commitment to creating new jobs or retaining existing jobs. (4) Eligibility requirements To be eligible to receive a subgrant under paragraph (1), a small or medium-sized manufacturer shall be a private, nongovernmental entity. (5) Energy management plans Each small or medium-sized manufacturer receiving a subgrant under paragraph (1), in consultation with the program manager and, if appropriate, one or more licensed engineers, shall establish a plan for the small or medium-sized manufacturer to carry out the energy efficiency improvement project. (d) Contractors (1) Labor requirements reporting In an application for a grant or subgrant under this section, a program manager or a small or medium-sized manufacturer, respectively, shall commit to hiring contractors that represent to the best of the knowledge and belief of the contractor, whether, during the 3-year period preceding the date of application, any administrative merits determination, arbitral award or decision, or civil judgment (as defined in guidance issued by the Secretary of Labor) was rendered against the contractor for a violation of— (A) the National Labor Relations Act ( 29 U.S.C. 151 et seq.); (B) the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.); (C) the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq.); (D) the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq.); (E) the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq.); (F) the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 et seq.); (G) subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the Davis-Bacon Act ); (H) chapter 67 of title 41, United States Code; (I) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.); (J) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); (K) Executive Order 11246 ( 42 U.S.C. 2000e note) (relating to equal employment opportunity)