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2020 Annual Labor Contract <br />RFP #2020039 <br />(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the <br />contractor or subcontractor or his or her agent who pays or supervises the payment of the persons <br />employed under the contract and shall certify the following: <br />(1) That the payroll for the payroll period contains the information required to be provided under <br />§5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 <br />(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; <br />(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on <br />the contract during the payroll period has been paid the full weekly wages earned, without rebate, either <br />directly or indirectly, and that no deductions have been made either directly or indirectly from the full <br />wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; <br />(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe <br />benefits or cash equivalents for the classification of work performed, as specified in the applicable wage <br />determination incorporated into the contract. <br />(C) The weekly submission of a properly executed certification set forth on the reverse side of <br />Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" <br />required by paragraph (a)(3)(ii)(B) of this section. <br />(D) The falsification of any of the above certifications may subject the contractor or subcontractor <br />to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United <br />States Code. <br />(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of <br />this section available for inspection, copying, or transcription by authorized representatives of the (write <br />the name of the agency) or the Department of Labor, and shall permit such representatives to interview <br />employees during working hours on the job. If the contractor or subcontractor fails to submit the required <br />records or to make them available, the Federal agency may, after written notice to the contractor, <br />sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further <br />payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon <br />request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. <br />9.3.4 Apprentices and trainees—(i) Apprentices. Apprentices will be permitted to work at <br />less than the predetermined rate for the work they performed when they are employed pursuant to and <br />individually registered in a bona fide apprenticeship program registered with the U.S. Department of <br />Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor <br />Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his <br />or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who <br />is not individually registered in the program, but who has been certified by the Office of Apprenticeship <br />Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible <br />for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the <br />job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the <br />entire work force under the registered program. Any worker listed on a payroll at an apprentice wage <br />rate, who is not registered or otherwise employed as stated above, shall be paid not less than the <br />applicable wage rate on the wage determination for the classification of work actually performed. In <br />addition, any apprentice performing work on the job site in excess of the ratio permitted under the <br />registered program shall be paid not less than the applicable wage rate on the wage determination for <br />the work actually performed. Where a contractor is performing construction on a project in a locality <br />other than that in which its program is registered, the ratios and wage rates (expressed in percentages of <br />the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be <br />observed. Every apprentice must be paid at not less than the rate specified in the registered program for <br />the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in <br />the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the <br />Sample Agreement - Page 15 of 21 <br />