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will notify the contracting officer within the 30-day period that Bacon Act, the contractor shall maintain records which show
<br /> 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 /> (4) The wage rate (including fringe benefits where plan or program has been communicated in writing to the
<br /> appropriate) determined pursuant to paragraphs 1 .b,(2) or laborers or mechanics affected, and records which show the
<br /> 1 .b.(3) of this section, shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such
<br /> work in the classification under this contract from the first benefits. Contractors employing apprentices or trainees under
<br /> day on which work is performed in the classification. approved programs shall maintain written evidence of the
<br /> 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
<br /> or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to
<br /> equivalent thereof. the 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 /> other third person, the contractor may consider as part of the security numbers and home addresses shall not be included
<br /> wages of any laborer or mechanic the amount of any costs on 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
<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 forth desired. Optional Form WH447 is
<br /> been met. The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division
<br /> to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
<br /> obligations under the plan or program. or its successor site. The prime contractor is responsible for
<br /> the submission of copies of payrolls by all subcontractors.
<br /> Contractors and subcontractors shall maintain the full social
<br /> 2. Withholding security number and current address of each covered worker,
<br /> and shall provide them upon request to the contracting agency
<br /> The contracting agency shall upon its own action or upon for transmission to the State DOT, the FHWA or the Wage and
<br /> written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an
<br /> Department of Labor, withhold or cause to be withheld from investigation or audit of compliance with prevailing wage
<br /> the contractor under this contract, or any other Federal requirements. It is not a violation of this section for a prime
<br /> contract with the same prime contractor, or any other federally contractor to require a subcontractor to provide addresses and
<br /> assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own
<br /> requirements, which is held by the same prime contractor, so records, without weekly submission to the contracting agency. .
<br /> much of the accrued payments or advances as may be
<br /> considered necessary to pay laborers and mechanics, (2) Each payroll submitted shall be accompanied by a
<br /> including apprentices, trainees, and helpers, employed by the Statement of Compliance," signed by the contractor or
<br /> contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the
<br /> required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall
<br /> laborer or mechanic, including any apprentice, trainee, or certify the following:
<br /> helper, employed or working on the site of the work, all or part
<br /> of the wages required by the contract, the contracting agency
<br /> may, after written notice to the contractor, take such action as (i) That the payroll for the payroll period contains the
<br /> may be necessary to cause the suspension of any further information required to be provided under §5.5 (a)(3)(ii) of
<br /> payment, advance, or guarantee of funds until such violations Regulations, 29 CFR part 5, the appropriate information is
<br /> have ceased . being maintained under §5.5 (a)(3)(i) of Regulations, 29
<br /> CFR part 5, and that such information is correct and
<br /> 3. Payrolls and basic records complete;
<br /> a. Payrolls and basic records relating thereto shall be (ii) That each laborer or mechanic (including each
<br /> maintained by the contractor during the course of the work and helper, apprentice, and trainee) employed on the contract
<br /> preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly
<br /> awages earned, without rebate, either directly or indirectly,
<br /> and mechanics working at the site of the work. Such records
<br /> shall contain the name, address, and social security number of and that deductions have been made either directly or
<br /> from
<br /> each such worker, his or her correct classification, hourly rates indirectly m the full wages earned, other than
<br /> of wages paid (including rates of contributions or costs permissible deductions as set forth in Regulations, 29 CFR
<br /> ;
<br /> anticipated for bona fide fringe benefits or cash equivalents p
<br /> thereof of the types described in section 1 (b)(2)(B) of the
<br /> Davis-Bacon Act), daily and weekly number of hours worked, (iii) That each laborer or mechanic has been paid not
<br /> deductions made and actual wages paid. Whenever the less than the applicable wage rates and fringe benefits or
<br /> Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that cash equivalents for the classification of work performed,
<br /> the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
<br /> any costs reasonably anticipated in providing benefits under a incorporated into the contract.
<br /> plan or program described in section 1 (b)(2)(B) of the Davis-
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