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2023-256
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IRC-2304_AGRE EM ENT 202311212024011 <br />Annual Asphalt Paving and Resurfacing <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 5, 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; <br />(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe <br />benefits or cash equivalents for the classification of work performed, as specified in the applicable wage <br />determination incorporated into the contract. <br />(C) The weekly submission of a properly executed certification set forth on the reverse side of <br />Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" <br />required by paragraph (a)(3)(ii)(B) of this section. <br />(D) The falsification of any of the above certifications may subject the contractor or subcontractor <br />to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United <br />States Code. <br />(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of <br />this section available for inspection, copying, or transcription by authorized representatives of the (write <br />the 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 <br />(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the <br />work they performed when they are employed pursuant to and individually registered in a bona fide <br />apprenticeship program registered with the U.S. Department of Labor, Employment and Training <br />Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State <br />
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