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(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,
<br /> and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated
<br /> for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all
<br /> interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for
<br /> determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30
<br /> days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that
<br /> additional time is necessary.
<br /> (4)The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of
<br /> this section, shall be paid to all workers performing work in the classification under this contract from the first day on
<br /> which work is performed in the classification.
<br /> c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
<br /> benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
<br /> determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
<br /> d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the
<br /> wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
<br /> under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that
<br /> the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set
<br /> aside in a separate account assets for the meeting of obligations under the plan or program.
<br /> 2. Withholding
<br /> The contracting agency shall upon its own action or upon written request of an authorized representative of the
<br /> Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal
<br /> contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage
<br /> requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be
<br /> considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the
<br /> contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
<br /> laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of
<br /> the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as
<br /> may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations
<br /> have ceased.
<br /> 3. Payrolls and basic records
<br /> a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and
<br /> preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such
<br /> records shall contain the name, address, and social security number of each such worker, his or her correct classification,
<br /> hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
<br /> equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours
<br /> worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)
<br /> that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
<br /> under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records
<br /> which show that the commitment to provide such benefits is enforceable, that the plan or program is financially
<br /> responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and
<br /> records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
<br /> apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship
<br /> programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage
<br /> rates prescribed in the applicable programs.
<br /> b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to
<br /> the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to
<br /> be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be
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