|
an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or
<br />is consistent with the contractor's legal duty to furnish information.
<br />(4) The contractor will send to each labor union or representative of workers with which he has a
<br />collective bargaining agreement or other contract or understanding, a notice to be provided advising the
<br />said labor union or workers' representatives of the contractor's commitments underthis section, and shall
<br />post copies of the notice in conspicuous places available to employees and applicants for employment
<br />(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
<br />and of the rules, regulations, and relevant orders of the Secretary of Labor.
<br />(6) The contractor will furnish all information and reports required by Executive Order 11246 of
<br />September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
<br />and will permit access to his books, records, and accounts by the administering agency and the Secretary
<br />of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
<br />(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
<br />contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated,
<br />or suspended in whole or in part and the contractor may be declared ineligible for further Government
<br />contracts or federally assisted construction contracts in accordance with procedures authorized in
<br />Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies
<br />invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
<br />the Secretary of Labor, or as otherwise provided by law.
<br />(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
<br />and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
<br />by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order
<br />11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
<br />The contractor will take such action with respect to any subcontract or purchase order as the
<br />administering agency may direct as a means of enforcing such provisions, including sanctions for
<br />noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened
<br />with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,
<br />the contractor may request the United States to enter into such litigation to protect the interests of the
<br />United States.
<br />B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148).
<br />(1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work
<br />(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
<br />development of the project), will be paid unconditionally and not less often than once a week, and without
<br />subsequent deduction or rebate on any account (except such payroll deductions as are permitted by
<br />regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
<br />wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at
<br />rates not less than those contained in the wage determination of the Secretary of Labor which is attached
<br />hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist
<br />between the contractor and such laborers and mechanics. Contributions made or costs reasonably
<br />anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers
<br />or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of
<br />paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a
<br />weekly period (but not less often than quarterly) under plans, funds, or programs which cover the
<br />particular weekly period, are deemed to be constructively made or incurred during such weekly period.
<br />Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
<br />determination for the classification of work actually performed, without regard to skill, except as provided
<br />in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated
<br />at the rate specified for each classification for the time actually worked therein: Provided, That the
<br />employer's payroll records accurately set forth the time spent in each classification in which work is
<br />performed. The wage determination (including any additional classification and wage rates conformed
<br />8
<br />
|