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(C) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification
<br />or their representatives, and the contracting officer do not agree on the proposed classification and wage rate
<br />(including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the
<br />questions, including the views of all interested parties and the recommendation of the contracting officer, to
<br />the Administrator for determination. The Administrator, or an authorized representative, will issue a
<br />determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer
<br />within the 30-day period that additional time is necessary.
<br />(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
<br />(a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this
<br />contract from the first day on which work is performed in the classification.
<br />(2) Withholding - The [ insert name of grantee ] shall upon its own action or upon written request of
<br />an authorized representative of the Department of Labor withhold or cause to be withheld from the
<br />CONTRACTOR under this contract or any other Federal contract with the same prime CONTRACTOR, or
<br />any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by
<br />the same prime CONTRACTOR, so much of the accrued payments or advances as may be considered
<br />necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the
<br />CONTRACTOR or any SUBCONTRACTOR the full amount of wages required by the contract. In the event
<br />of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working
<br />on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in
<br />the construction or development of the project), all or part of the wages required by the contract, the [ insert
<br />name of grantee ] may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such
<br />action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds
<br />until such violations have ceased.
<br />(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by
<br />the CONTRACTOR during the course of the work and preserved for a period of three years thereafter for all
<br />laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or
<br />under the Housing Act of 1949, in the construction or development of the project). Such records shall contain
<br />the name, address, and social security number of each such worker, his or her correct classification, hourly
<br />rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
<br />equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly
<br />number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has
<br />found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
<br />reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the
<br />Davis-Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide
<br />such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program
<br />has been communicated in writing to the laborers or mechanics affected, and records which show the costs
<br />anticipated or the actual cost incurred in providing such benefits. CONTRACTORs employing apprentices or
<br />trainees under approved programs shall maintain written evidence of the registration of apprenticeship
<br />programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios
<br />and wage rates prescribed in the applicable programs.
<br />(ii)(A) The CONTRACTOR shall submit weekly for each week in which any contract work is
<br />performed a copy of all payrolls to the [ insert name of grantee ] for transmission to the Federal Transit
<br />Administration. The payrolls submitted shall set out accurately and completely all of the information required
<br />to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted
<br />in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the
<br />Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office,
<br />Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by
<br />all SUBCONTRACTORS.
<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
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<br />25D-54
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