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2021-161
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Agreement <br />(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional <br />Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by <br />paragraph (a)(3)(ii)(B) of this section. <br />(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil <br />or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. <br />(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this <br />section available for inspection, copying, or transcription by authorized representatives of the (write the <br />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 />(4) Apprentices and trainees—(i) Apprentices. Apprentices will be permitted to work at less than the <br />predetermined rate for the work they performed when they are employed pursuant to and individually <br />registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, <br />Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, <br />or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her <br />first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not <br />individually registered in the program, but who has been certified by the Office of Apprenticeship Training, <br />Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for <br />probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job <br />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 />provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, <br />apprentices must be paid the full amount of fringe benefits listed on the wage determination for the <br />applicable classification. If the Administrator determines that a different practice prevails for the <br />applicable apprentice classification, fringes shall be paid in accordance with that determination. In the <br />event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship <br />Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will <br />no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work <br />performed until an acceptable program is approved. <br />Page 9 of 17 <br />
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