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(2) That each laborer or mechanic (including each helper,
<br />apprentice, .and trainee) employed on the contract duringt
<br />he payroll period has been paid the full weekly wages
<br />earned, without rebate, either directly or Indirectly, andt
<br />hat no deductions have been made either directly orl
<br />ndtrectly from the full wages earned, other than
<br />permissible daductio.ns as set forth in 29 CFR Part 3;
<br />(3) That each laborer or mechanic has been paid not less
<br />than the applicable wage rates and fringe benefits or cash
<br />equivalents for the classification of work performed, as
<br />specified In tha applicable wage determinationf
<br />ncorporaled into the contract,
<br />(c) The weekly submission of a properly executed
<br />certification set forth on the reverse side of Optlonai Form
<br />WH-347 shall satisfy the requirement for submission or the"
<br />Statement of Compliance" required by su.bparagraphA
<br />.3.(ii)(b).
<br />(d) The falsifloation of any of the above certifications may
<br />subject the contractor or subcontractor to civil or criminal
<br />prosecution under Section 1001 of Title 18 and Section
<br />23.1 of Title 31 of the United States Cofe.
<br />(111) The contractor or subcontractor shall make Cher
<br />ecords required under subparagraph A.3.(i) available for]
<br />nspectlon, copying, or transcription by avthorizedr
<br />epresentatives of [IUD or Its designee or the Department.
<br />of Labor, and shall permit such representatives to
<br />Interview employees during working hours on the job. If
<br />the contractor or subcontractor fails to submit the requlredr
<br />ecords or to make them available, HUD or Its designee
<br />may, after written notice to the contractor, sponsor,
<br />applicant or owner, take such action as may be necessary
<br />to cause the suspension of any further payment, advance,
<br />or guarantee of funds. Furthermore, failure to submit ther
<br />equired records upon request or to make such records
<br />available may be grounds for debarment action pursuant to
<br />29 CFR 5.1.2,
<br />4. Apprentices and Trainees.
<br />(i) Apprentices. Apprentices will be permitted to work atl
<br />ess than the predetermined rate for the. work they
<br />performed when they are employed pursuant to and€
<br />ndividualiy registered In a bona fide apprenticeship
<br />program reglstared with the U.S Department of Labor,
<br />Employment and Training Adminlstratl.on, Off€.ce of
<br />Apprenticeship Training, Employer and Labor $ervl.ces, or
<br />with a State Apprenticeship Agency recognized by the
<br />Office, or if a person Is employed In his or her first go
<br />days of probationary employment as an apprentice In such
<br />an apprenticeship program, who is not individuallyr
<br />egistered I.n. the program, but who has been certified byt
<br />he Office of Apprenticeshlp Training, Employer and Labors
<br />ervices or a State Apprenticeship Agency (where
<br />appropriate) to be elig€hle for probationary employment as
<br />an apprentice. The allowable ratio of apprentices to
<br />journeymen on the job site in any craft classification shall
<br />not be greater than the ratio permitted to the contractor ast
<br />o the entire work force under the registered program. Anyw
<br />orker listed on a payroll at an apprentice wage rate, who
<br />Is not registered or otherwise employed as stated above,
<br />shall be paid not less than the applicable wage rate on the
<br />wage determination for the classification of work actually
<br />performed. In addition, any apprentice performing work ont
<br />he job site in excess of the ratio permitted .under ther
<br />egistered program shall be paid not less than the
<br />applicable wage rate on the wage determination for the
<br />work. actually performed. Where a contractor Is performing
<br />construction on a project In a locality other than that In
<br />which Its program Is registered, the ratios and wage rates(
<br />expressed In percentages of the journeyman's hourlyr
<br />ate) specified in the contractor's or subcontractor's r
<br />egistered program shall be observed. Every apprentice
<br />must be paid at not less than the rate specified In ther
<br />egistered program for the apprentice's level of progress, e
<br />xpressed as a percentage of the Journeymen hourly rates
<br />pecifled In the applicable wage determination.A
<br />pprenti'ces shall be paid fringe benefits in accordance
<br />with the provisions of the apprenticeship program. If the
<br />apprenticeship program does not specify fringe benefits,
<br />apprentices must be paid the full amount of fringe benefits
<br />listed on the wage determination for the applicable
<br />classification. If the Administrator determines that a.
<br />different practice prevails for the applicable apprentice
<br />classification, fringes shall be paid In accordance with that
<br />determination. In the event the Office of Apprenticeship
<br />Training, Employer and Labor Services, or a State
<br />Apprenticeship Agency recognlzed by the Office,
<br />withdraws .approval of an apprenticeship program, the
<br />contractor will no longer be permitted to utilize
<br />apprentices at less than the applicable predetermined rate
<br />for the work performed until an acceptable program Is
<br />approved.
<br />(li) Trainees. Except as ,provided In 29 CPR 6,16,t
<br />rainees will not be permitted to work at less than the
<br />predetermined rate for the work performed unless they are
<br />iempioyed pursuant ',to and Individually registered In a
<br />program which has received prior approval, evldonced byf
<br />crmal certification by the U.S. Department of Labor,
<br />Employment and Training Administration. The ratio oft
<br />ralnees to journeymen on the job site shall not be greatert
<br />han permitted under the plan approved by the
<br />Employment and Training Administration. Every trainee
<br />Must be paid at not less than the rate specified In the
<br />approved program for the trainee's level of progress,
<br />expressed as a percentageof the journeyman hourly rate
<br />spocified in the applicable wage determination. Trainees
<br />shall be paid fringe benefits in accordance with the
<br />provisions of the trainee program. If the. trainee program
<br />does not mention fringe benefits, trainees shall be paid
<br />the full amount of fringe benefits listed on the wage
<br />determination unless the Administrator of the Wage and
<br />Hour Division determines that there is an apprenticeship
<br />program associated with the corresponding journeyman
<br />wage: rate .on the wage determination which provides €orl
<br />ess than full fringe benefits for apprentices. Any
<br />employee listed. on the payroll at a trainee rate who is notr
<br />egistered and participating In a training plan approved by
<br />Previous editions are obsolete form HUt? 401i) (.06f20g9)
<br />Page 3 of 5 ref. Handbook.1344.1
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