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(B) If the contractor and the laborers and mechanics to be employed in the classification ('d known),
<br />or their representatives, and the contracting officer agree on the classification and wage rate
<br />(including the amount designated for fringe benefits where appropriate), a report of the action taken
<br />shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S.
<br />Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative,
<br />will approve, modify, or disapprove every additional classification action within 30 days of receipt and
<br />so advise the contracting officer or will notify the contracting officer within the 30 -day period that
<br />additional time is necessary.
<br />(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
<br />representatives, and the contracting officer do not agree on the proposed classification and wage
<br />rate (including the amount designated for fringe benefits, where appropriate), the contracting officer
<br />shall refer the questions, including the views of all interested parties and the recommendation of the
<br />contracting officer, to the Administrator for determination. The Administrator, or an authorized
<br />representative, will issue a determination within 30 days of receipt and so advise the contracting
<br />officer or will notify the contracting officer within the 30 -day period that additional time is necessary.
<br />(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
<br />(a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification
<br />under this contract from the first day on which worts is performed in the classification.
<br />(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
<br />includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the
<br />benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
<br />cash equivalent thereof.
<br />(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
<br />consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
<br />anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
<br />Secretary of Labor has found, upon the written request of the contractor, that the applicable
<br />standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor
<br />to set aside in a separate account assets for the meeting of obligations under the plan or program.
<br />(2) Withholding. OWNER shall upon its own action or upon written request of an authorized
<br />representative of the Department of Labor withhold or cause to be withheld from the contractor under
<br />this contract or any other Federal contract with the same prime contractor, or any other federally -
<br />assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same
<br />prime contractor, so much of the accrued payments or advances as may be considered necessary to
<br />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
<br />failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
<br />working on the site of the work (or under the United States Housing Act of 1937 or under the Housing
<br />Act of 1949 in the construction or development of the project), all or part of the wages required by the
<br />contract, the OWNER may, after written notice to the contractor, sponsor, applicant, or owner, take
<br />such action as may be necessary to cause the suspension of any further payment, advance, or
<br />guarantee of funds until such violations have ceased.
<br />(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by
<br />the contractor during the course of the work and preserved for a period of three years thereafter for
<br />all laborers and mechanics working at the site of the work (or under the United States Housing Act of
<br />1937, or under the Housing Act of 1949, in the construction or development of the project). Such
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