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written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to
<br />cause the suspension of any further payment, advance, or guarantee of funds until such violations have
<br />ceased.
<br />(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained
<br />by 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 records
<br />shall contain the name, address, and social security number of each such worker, his or her correct
<br />classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona
<br />fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -
<br />Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever
<br />the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
<br />include the amount of any costs reasonably anticipated in providing benefits under a plan or program
<br />described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show
<br />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
<br />affected, and records which show the costs anticipated or the actual cost incurred in providing such
<br />benefits. Contractors employing apprentices or trainees under approved programs shall maintain written
<br />evidence of the registration of apprenticeship programs and certification of trainee programs, the
<br />registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
<br />programs.
<br />(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed
<br />a copy of all payrolls to the Federal Emergency Management Agency (FEMA) if the agency is a party to the
<br />contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant,
<br />sponsor, or owner, as the case may be, for transmission to FEMA. The payrolls submitted shall set out
<br />accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),
<br />except that full social security numbers and home addresses shall not be included on weekly transmittals.
<br />Instead the payrolls shall only need to include an individually identifying number for each employee (e.g.,
<br />the last four digits of the employee's social security number). The required weekly payroll information
<br />may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage
<br />and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site.
<br />The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
<br />Contractors and subcontractors shall maintain the full social security number and current address of each
<br />covered worker, and shall provide them upon request to FEMA if the agency is a party to the contract, but
<br />if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as
<br />the case may be, for transmission to FEMA, the contractor, or the Wage and Hour Division of the
<br />Department of Labor for purposes of an investigation or audit of compliance with prevailing wage
<br />requirements. It is not a violation of this section for a prime contractor to require a subcontractor to
<br />provide addresses and social security numbers to the prime contractor for its own records, without weekly
<br />submission to the sponsoring government agency (or the applicant, sponsor, or owner).
<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 S, 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;
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