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under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all <br />times by the contractor and its subcontractors at the site of the work in a prominent and accessible place <br />where it can be easily seen by the workers. <br />(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including <br />helpers, which is not listed in the wage determination and which is to be employed under the contract <br />shall be classified in conformance with the wage determination. The contracting officer shall approve an <br />additional classification and wage rate and fringe benefits therefore only when the following criteria have <br />been met: <br />(1) The work to be performed by the classification requested is not performed by a classification <br />in the wage determination; and <br />(2) The classification is utilized in the area by the construction industry; and <br />(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable <br />relationship to the wage rates contained in the wage determination. <br />(B) 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 and wage rate <br />(including the amount designated for fringe benefits where appropriate), a report of the action taken shall <br />be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department <br />of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, <br />modify, or disapprove every additional classification action within 30 days of receipt and so advise the <br />contracting officer or will notify the contracting officer within the 30 -day period that additional time is <br />necessary. <br />(C) In the event the contractor, the laborers or mechanics to be employed in the classification or <br />their 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 shall <br />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 officer <br />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 <br />paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the <br />classification under this contract from the first day on which work is performed in the classification. <br />(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or <br />mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either <br />pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an <br />hourly cash equivalent thereof. <br />(iv) If the contractor does not make payments to a trustee or other third person, the contractor <br />may 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 Secretary <br />of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - <br />Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate <br />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 -assisted <br />contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime <br />contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers <br />and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any <br />subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer <br />or mechanic, including any apprentice, trainee, or helper, employed or working on 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), all or part of the wages required by the contract, the OWNER may, after <br />01 <br />