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<br /> 1 (iii)The proposed wage rate, including any bonafide including apprentices,trainees,and helpers,employed by the
<br /> fringe benefits,bears a reasonable relationship to the contractor or any subcontractor the full amount of wages
<br /> wage rates contained in the wage determination. required by the contract. In the event of failure to pay any
<br /> laborer or mechanic,including any apprentice,trainee,or
<br /> helper,employed or working on the site of the work,all or part
<br /> (2) If the contractor and the laborers and mechanics to be of the wages required by the contract,the contracting agency
<br /> employed in the classification(if known),or their may,after written notice to the contractor,take such action as
<br /> representatives,and the contracting officer agree on the may be necessary to cause the suspension of any further
<br /> I classification and wage rate(including the amount payment,advance,or guarantee of funds until such violations
<br /> designated for fringe benefits where appropriate),a report of have ceased.
<br /> the action taken shall be sent by the contracting officer to the
<br /> Administrator of the Wage and Hour Division, U.S. 3. Payrolls and basic records(29 CFR 5.5)
<br /> I Department of Labor,Washington,DC 20210.The
<br /> Administrator,or an authorized representative,will approve,
<br /> modify,or disapprove every additional classification action a. Payrolls and basic records relating thereto shall be
<br /> within 30 days of receipt and so advise the contracting maintained by the contractor during the course of the work and
<br /> officer or will notify the contracting officer within the 30-day preserved for a period of three years thereafter for all laborers
<br /> period that additional time is necessary. and mechanics working at the site of the work.Such records
<br /> shall contain the name,address,and social security number of
<br /> (3) In the event the contractor,the laborers or mechanics each such worker,his or her correct classification,hourly rates
<br /> to be employed in the classification or their representatives, of wages paid(including rates of contributions or costs
<br /> 111 and the contracting officer do not agree on the proposed anticipated for bona fide fringe benefits or cash equivalents
<br /> classification and wage rate(including the amount thereof of the types described in section 1(b)(2)(B)of the
<br /> designated for fringe benefits,where appropriate),the Davis-Bacon Act),daily and weekly number of hours worked,
<br /> contracting officer shall refer the questions,including the deductions made and actual wages paid.Whenever the
<br /> views of all interested parties and the recommendation of the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that
<br /> contracting officer,to the Administrator for determination. the wages of any laborer or mechanic include the amount of
<br /> The Administrator,or an authorized representative,will issue any costs reasonably anticipated in providing benefits under a
<br /> a determination within 30 days of receipt and so advise the plan or program described in section 1(b)(2)(B)of the Davis
<br /> contracting officer or will notify the contracting officer within Bacon Act,the contractor shall maintain records which show
<br /> 111 the 30-day period that additional time is necessary. that the commitment to provide such benefits is enforceable,
<br /> that the plan or program is financially responsible,and that the
<br /> plan or program has been communicated in writing to the
<br /> (4)The wage rate(including fringe benefits where laborers or mechanics affected,and records which show the
<br /> Iappropriate)determined pursuant to paragraphs 1.b.(2)or costs anticipated or the actual cost incurred in providing such
<br /> 1.b.(3)of this section,shall be paid to all workers performing benefits.Contractors employing apprentices or trainees under
<br /> work in the classification under this contract from the first approved programs shall maintain written evidence of the
<br /> day on which work is performed in the classification. registration of apprenticeship programs and certification of
<br /> trainee programs,the registration of the apprentices and
<br /> c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the
<br /> contract for a class of laborers or mechanics includes a fringe applicable programs.
<br /> benefit which is not expressed as an hourly rate,the contractor
<br /> shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in which
<br /> i or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. any contract work is performed a copy of all payrolls to the
<br /> contracting agency.The payrolls submitted shall set out
<br /> accurately and completely all of the information required to be
<br /> d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social
<br /> 1 other third person,the contractor may consider as part of the security numbers and home addresses shall not be included on
<br /> wages of any laborer or mechanic the amount of any costs weekly transmittals.Instead the payrolls shall only need to
<br /> reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee
<br /> under a plan or program,Provided,That the Secretary of (e.g.,the last four digits of the employee's social security
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<br /> Labor has found, upon the written request of the contractor, number).The required weekly payroll information may be
<br /> that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is
<br /> been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division Web
<br /> to set aside in a separate account assets for the meeting of site.The prime contractor is responsible for the submission of
<br /> obligations under the plan or program. copies of payrolls by all subcontractors.Contractors and
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<br /> subcontractors shall maintain the full social security number and
<br /> current address of each covered worker,and shall provide them
<br /> 2. Withholding(29 CFR 5.5) upon request to the contracting agency for transmission to the
<br /> State DOT,the FHWA or the Wage and Hour Division of the
<br /> The contracting agency shall upon its own action or upon written Department of Labor for purposes of an investigation or audit of
<br /> request of an authorized representative of the Department of compliance with prevailing wage requirements.It is not a
<br /> Labor,withhold or cause to be withheld from the contractor violation of this section for a prime contractor to require a
<br /> under this contract,or any other Federal contract with the same subcontractor to provide addresses and social security numbers
<br /> prime contractor,or any other federally-assisted contract to the prime contractor for its own records,without weekly
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<br /> subject to Davis-Bacon prevailing wage requirements,which is submission to the contracting agency.
<br /> held by the same prime contractor,so much of the accrued
<br /> payments or advances as may be considered necessary to pay (2)Each payroll submitted shall be accompanied by a
<br /> laborers and mechanics, "Statement of Compliance,"signed by the contractoror
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