|
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 contrail worts 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 thins 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 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
<br /> to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/formstwh347instr.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 /> 2. Withholding Contractors and subcontractors shall maintain the full social
<br /> 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
<br /> laborer or mechanic,including any apprentice,trainee,or payment of the persons employed under the contract and shall
<br /> helper,employed or working on the site of the work,all or part certify the following:
<br /> of the wages required by the contract,the contracting agency
<br /> may,after written notice to the contractor,lake 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 /> during the payroll period has been paid the full weekly
<br /> preserved for a period of three years thereafter for all laborers
<br /> wages earned,without rebate,either directly or indirectly,
<br /> and mechanics working at the site of the work.Such records and that no deductions have been made either directly or
<br /> shall contain the name,address,and social security number of indirectly from the full wages earned,other than
<br /> each such worker,his or her correct classification,hourly rates permissible deductions as set forth in Regulations,29 CFR
<br /> of wages paid(including rates of contributions or costs part 3;
<br /> anticipated for bona fide fringe benefits or cash equivalents
<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-
<br /> i
<br /> 5
<br /> i1
<br /> 3
<br />
|