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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 />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.
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