of the wages of any laborer or mechanic the amount of any
<br />communicated in writing to the laborers or mechanics
<br />costs reasonably anticipated in providing bona fide fringe
<br />affected, and records which show the costs anticipated ort
<br />benefits under a plan or program, Provided, That the
<br />he actual cost incurred in providing such benefits.
<br />Secretary of Labor has found, upon the written request oft
<br />Contractors employing apprentices or trainees under
<br />he contractor, that the applicable standards of the Davis-
<br />approved programs shall maintain written evidence Cher
<br />Bacon Act Have been met. The Secretary of tabor may
<br />.of
<br />egistration of apprenticeship programs and certification ofir
<br />require the contractor to set aside in a separate account
<br />ainee. programs, the registration of the apprentices andtr
<br />assets for the meeting of obligations under the plan or
<br />ainees, and the ratios and wage rates prescribed In the
<br />program. (Approved by the Office of Management and
<br />applicable programs. (Approved. by the Office of
<br />Budget under OMB Control Number 1215.0140.)
<br />Management and Budget under OMB .Control Numbers
<br />2. Withholding. HUD or Its designee shall upon Its own
<br />1.215-0140 and 1215-0017.)
<br />action or upon written request of an authorizedr
<br />(11) (a) The contractor shall submit weekly for each week[
<br />epresentative of the Departmont of Labor withhold ore
<br />n which any contract work is performed a copy of all
<br />ause to be withheld from the contractor under thisc
<br />payrolls to HUD or Its designee if the agency Is a party to
<br />ontract or any other Federal contract with the same prime
<br />the contract, but If the agency is not such a party, the
<br />ontractor, or any other Federally -assisted contracts
<br />contractor will submit the payrolls to the applicant
<br />ubJect to Davis -Bacon prevailing. wage requiroments,w
<br />sponsor, or owner, as the case may be, for transmission to
<br />hich is hold by the same prime contractor so much of theac
<br />HUD or Its designee. The payrolls submitted shall sat out
<br />trued paymentsor advances .as may be considered
<br />accurately and completely all of the information requiredt
<br />necessary to pay laborers and mechanics, Including
<br />o be maintained under 29 CFR 5.5(a)(3)(I) except that fulls
<br />apprentices, trainees and helpers, employed by the
<br />octal security numbers and home addresses shall not bet
<br />contractor or any subcontractor the full amount of wagesr
<br />nc[uded on weekly transmittals. Instead the payrolls shall
<br />equired by the contract In the event of failure to pay amyl
<br />only need to Include an Individually Identifying number for
<br />aborer or mechanic, including any apprentice, trainee or
<br />each employee (e.g,, the last four digits of the amployee's
<br />helper, employed or working on the site of the work, all or
<br />social security number). The required weekly payroll
<br />part of the wages required by the contract, HUD or its
<br />Information may be submitted In any form desired,
<br />designee may, after written notice to the contractor,
<br />Optional Form WH-347 is avallable for this purpose fromt
<br />sponsor, applicant, or owner, take such action as may be
<br />he Wage and Hour Division Web site at
<br />necessary to cause the suspension of any further
<br />h ;d/www. .at. o.vlesalwehdlf r slwh347t str,htm or iiss
<br />payment, advance, or guarantee of funds until such
<br />uccessor site, The prime contractor Is responsible fart
<br />violations have ceased, HUD or Its designee may, after
<br />he submission of copies of payrolls by all subcontractors.
<br />written notice to the contractor, disburse such amounts
<br />Contractors and subcontractors shall maintain the full
<br />withhold for and on account of the contractor or
<br />social security number and current address of each
<br />subcontractor to the respectiveemployees to whom they
<br />covered worker, and shall provide them upon request to
<br />are due, The Comptroilor General shall make such
<br />HUD or Its designee if the agency is a party to the
<br />disbursements in the case of direct Davis -Bacon Act
<br />contract, but if the agency Is not such a party, the
<br />contracts.
<br />contractor will submit the payrolls to the applicant.
<br />3. (1) Payrolls and basic records. Payrolls and basic
<br />sponsor, or owner, as the case may be, for transmission to
<br />records relating thereto shall be maintained by the
<br />HUD or its designee, the contractor, or the Wage and Hour
<br />contractor during the course of the work. preserved for a
<br />Dlvlslon of the Department of Labor for purposes of ant
<br />porlof of three years thereafter for all laborers and
<br />nves.tigatton or audit of compliance with prevailing wager
<br />mechanics working at the site of the work, Such records
<br />equirements, It 1s not a violation of this subparagraph fora
<br />shall contain the name, address, and social security
<br />prime contractor to require a subcontractor to provide
<br />number of each such worker, his or her correct
<br />addresses and social security numbers to the prime
<br />classification, hourly rates of wages paid (including rates
<br />contractor for Its own records, without weekly zubmissiont
<br />of contributions or costs anticipated for bona fide fringe
<br />o HUD or Its designee. (Approved by the Office of
<br />benefits or cash equivalents thereof of the types describodl
<br />Management and Budget under OMB Control Number
<br />in Section I(b)(2)(B) of the D:avls-baoon Act), daily andw
<br />1215-ol4g,)
<br />oekly number of hours worked, deductions made andac
<br />(b) B.ach payroll submitted shall be accompanied by a
<br />tual wages paid. Whenever 1he Secretary of Labor hasf
<br />"Statement of Compliance," signed by the contractor or
<br />ound under 29 CFR 5,5 (a)(1)(iv) that the. wages of anyl
<br />subcontractor or his or her agent who pays or supervlsest
<br />aborer or mechanic include the amount of any costs r
<br />he payment of the persons employed under the contract
<br />easonabiy anticipated in providing benefits under a plan
<br />and shall cartlfy the following'
<br />or program described in Section l(b)(2)(13) of the Davis-
<br />(1) That the payroll for the payroll periof contains thei
<br />Bacon Act, the contractor shall maintain records which
<br />nformation required to be provided under 29 CFR 5.5(
<br />show that the commitment to provide such benefits is
<br />a)(3)(ii), the appropriate Information is being maintained
<br />enforceable, that the plan or program is financially
<br />responsible, and that the plan has been
<br />under 29 CFR 5.5(a)(3)(fj, and that such information is
<br />or program
<br />correct and complete;
<br />Previous editions are obsolete
<br />form HUD-4010 (0612009
<br />Page 2
<br />of 5 ref. Handbook 1344.1
<br />
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