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determination for the classification of work actually performed, without regard to <br />skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in <br />more than one classification may be compensated at the rate specified for each <br />classification for the time actually worked therein: Provided, That the employer's <br />payroll records accurately set forth the time spent in each classification in which <br />work is performed. The wage determination (including any additional classification <br />and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis - <br />Bacon poster (WH -1321) shall be posted at all times by the contractor and its <br />subcontractors at the site of the work in a prominent and accessible place where it <br />can be easily seen by the workers. <br />(ii)(A) The contracting officer shall require that any class of laborers or mechanics, <br />including helpers, which is not listed in the wage determination and which is <br />to be employed under the contract shall be classified in conformance with <br />the wage determination. The contracting officer shall approve an additional <br />classification and wage rate and fringe benefits therefore only when the <br />following criteria have been met: <br />(1) The work to be performed by the classification requested is not <br />performed by a classification in the wage determination; and <br />(2) The classification is utilized in the area by the construction industry; <br />and <br />(3) The proposed wage rate, including any bona fide fringe benefits, <br />bears a reasonable relationship to the wage rates contained in the <br />wage determination. <br />(C) If the contractor and the laborers and mechanics to be employed in the classification (if <br />known), or their representatives, and the contracting officer agree on the classification <br />and wage rate (including the amount designated for fringe benefits where appropriate), a <br />report of the action taken shall be sent by the contracting officer to the Administrator of <br />the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The <br />Administrator, or an authorized representative, will approve, modify, or disapprove every <br />additional classification action 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 <br />necessary. <br />(D) In the event the contractor, the laborers or mechanics to be employed in the classification <br />or their representatives, and the contracting officer do not agree on the proposed <br />classification and wage rate (including the amount designated for fringe benefits, where <br />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 Administrator <br />for determination. The Administrator, or an authorized representative, will issue a <br />determination within 30 days of receipt and so advise the contracting officer or will notify <br />the contracting officer within the 30 -day period that additional time is necessary. <br />(E) The wage rate (including fringe benefits where appropriate) determined pursuant to <br />paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work <br />in the classification under this contract from the first day on which work is performed in <br />the classification. <br />(iii) Whenever the minimum wage rate prescribed in the contract for a class of <br />laborers or mechanics includes a fringe benefit which is not expressed as <br />an hourly rate, the contractor shall either pay the benefit as stated in the <br />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, <br />the contractor may consider as part of the wages of any laborer or mechanic <br />the amount of any costs reasonably anticipated in providing bona fide fringe <br />204 <br />