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(5) Signature. The signature by the contractor,
<br />subcontractor, or the contractor's or subcontractor's agent
<br />must be an original handwritten signature or a legally valid
<br />electronic signature.
<br />(6) Falsification. The falsification of any of the above
<br />certifications may subject the contractor or subcontractor to
<br />civil or criminal prosecution under 18 U.S.C. 1001 and 31
<br />U.S.C. 3729.
<br />(7) Length of certified payroll retention. The contractor or
<br />subcontractor must preserve all certified payrolls during the
<br />course of the work and for a period of 3 years after all the work
<br />on the prime contract is completed.
<br />c. Contracts, subcontracts, and related documents. The
<br />contractor or subcontractor must maintain this contract or
<br />subcontract and related documents including, without
<br />limitation, bids, proposals, amendments, modifications, and
<br />extensions. The contractor or subcontractor must preserve
<br />these contracts, subcontracts, and related documents during
<br />the course of the work and for a period of 3 years after all the
<br />work on the prime contract is completed.
<br />d. Required disclosures and access (1) Required record
<br />disclosures and access to workers. The contractor or
<br />subcontractor must make the records required under
<br />paragraphs 3.a. through 3.c. of this section, and any other
<br />documents that the contracting agency, the State DOT, the
<br />FHWA, or the Department of Labor deems necessary to
<br />determine compliance with the labor standards provisions of
<br />any of the applicable statutes referenced by § 5.1, available for
<br />inspection, copying, or transcription by authorized
<br />representatives of the contracting agency, the State DOT, the
<br />FHWA, or the Department of Labor, and must permit such
<br />representatives to interview workers during working hours on
<br />the job.
<br />(2) Sanctions for non-compliance with records and worker
<br />access requirements. If the contractor or subcontractor fails to
<br />submit the required records or to make them available, or
<br />refuses to permit worker interviews during working hours on
<br />the job, the Federal agency may, after written notice to the
<br />contractor, sponsor, applicant, owner, or other entity, as the
<br />case may be, that maintains such records or that employs
<br />such workers, take such action as may be necessary to cause
<br />the suspension of any further payment, advance, or guarantee
<br />of funds. Furthermore, failure to submit the required records
<br />upon request or to make such records available, or to permit
<br />worker interviews during working hours on the job, may be
<br />grounds for debarment action pursuant to § 5.12. In addition,
<br />any contractor or other person that fails to submit the required
<br />records or make those records available to WHD within the
<br />time WHD requests that the records be produced will be
<br />precluded from introducing as evidence in an administrative
<br />proceeding under 29 CFR part 6 any of the required records
<br />that were not provided or made available to WHD. WHD will
<br />take into consideration a reasonable request from the
<br />contractor or person for an extension of the time for
<br />submission of records. WHD will determine the
<br />reasonableness of the request and may consider, among other
<br />things, the location of the records and the volume of
<br />production.
<br />(3) Required information disclosures. Contractors and
<br />subcontractors must maintain the full Social Security number
<br />and last known address, telephone number, and email address
<br />of each covered worker, and must provide them upon request
<br />to the contracting agency, the State DOT, the FHWA, the
<br />contractor, or the Wage and Hour Division of the Department
<br />of Labor for purposes of an investigation or other compliance
<br />action.
<br />Apprentices and equal employment opportunity (29 CFR
<br />5)
<br />a. Apprentices (1) Rate of pay. Apprentices will be permitted
<br />to work at less than the predetermined rate for the work they
<br />perform when they are employed pursuant to and individually
<br />registered in a bona fide apprenticeship program registered
<br />with the U.S. Department of Labor, Employment and Training
<br />Administration, Office of Apprenticeship (OA), or with a State
<br />Apprenticeship Agency recognized by the OA. A person who is
<br />not individually registered in the program, but who has been
<br />certified by the OA or a State Apprenticeship Agency (where
<br />appropriate) to be eligible for probationary employment as an
<br />apprentice, will be permitted to work at less than the
<br />predetermined rate for the work they perform in the first 90
<br />days of probationary employment as an apprentice in such a
<br />program. In the event the OA or a State Apprenticeship
<br />Agency recognized by the OA withdraws approval of an
<br />apprenticeship program, the contractor will no longer be
<br />permitted to use apprentices at less than the applicable
<br />predetermined rate for the work performed until an acceptable
<br />program is approved.
<br />(2) Fringe benefits. Apprentices must be paid fringe benefits
<br />in accordance with the provisions of the apprenticeship
<br />program. If the apprenticeship program does not specify fringe
<br />benefits, apprentices must be paid the full amount of fringe
<br />benefits listed on the wage determination for the applicable
<br />classification. If the Administrator determines that a different
<br />practice prevails for the applicable apprentice classification,
<br />fringe benefits must be paid in accordance with that
<br />determination.
<br />(3) Apprenticeship ratio. The allowable ratio of apprentices to
<br />journeyworkers on the job site in any craft classification must
<br />not be greater than the ratio permitted to the contractor as to
<br />the entire work force under the registered program or the ratio
<br />applicable to the locality of the project pursuant to paragraph
<br />4.a.(4) of this section. Any worker listed on a payroll at an
<br />apprentice wage rate, who is not registered or otherwise
<br />employed as stated in paragraph 4.a.(1) of this section, must
<br />be paid not less than the applicable wage rate on the wage
<br />determination for the classification of work actually performed.
<br />In addition, any apprentice performing work on the job site in
<br />excess of the ratio permitted under this section must be paid
<br />not less than the applicable wage rate on the wage
<br />determination for the work actually performed.
<br />(4) Reciprocity of ratios and wage rates. Where a contractor
<br />is performing construction on a project in a locality other than
<br />the locality in which its program is registered, the ratios and
<br />wage rates (expressed in percentages of the journeyworker's
<br />hourly rate) applicable within the locality in which the
<br />construction is being performed must be observed. If there is
<br />no applicable ratio or wage rate for the locality of the project,
<br />the ratio and wage rate specified in the contractor's registered
<br />program must be observed.
<br />b. Equal employment opportunity. The use of apprentices
<br />and joumeyworkers under this part must be in conformity with
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