Laserfiche WebLink
Local Assistance Procedures Manual <br />b. (1) The contractor shall submit weekly for each week in which <br />any contract work is performed a copy of all payrolls to the <br />contracting agency. The payrolls submitted shall set out accurately <br />and completely all of the information required to be maintained <br />under 29 CFR 5.5(a)(3)(i), except that full social security numbers <br />and home addresses shall not be included on weekly transmittals. <br />Instead the payrolls shall only need to include an individually <br />identifying number for each employee ( e.g. , the last four digits of <br />the employee's social security number). The required weekly payroll <br />information may be submitted in any form desired. Optional Form <br />WH -347 is available for this purpose from the Wage and Hour <br />Division Web site at <br />http://www.dol.gov/esa/whd/forms/wh347!nstr.htm or its successor <br />site. The prime contractor is responsible for the submission of <br />copies of payrolls by all subcontractors. Contractors and <br />subcontractors shall maintain the full social security number and <br />current address of each covered worker, and shall provide them <br />upon request to the contracting agency for transmission to the State <br />DOT, the FHWA or the Wage and Hour Division of the Department <br />of Labor for purposes of an investigation or audit of compliance with <br />prevailing wage requirements. It is not a violation of this section for a <br />prime contractor to require a subcontractor to provide addresses <br />and social security numbers to the prime contractor for its own <br />records, without weekly submission to the contracting agency.. <br />(2) Each payroll submitted shall be accompanied by a "Statement of <br />Compliance," signed by the contractor or subcontractor or his or her <br />agent who pays or supervises the payment of the persons employed <br />under the contract and shall certify the following: <br />(i) That the payroll for the payroll period contains the <br />information required to be provided under §5.5 (a)(3)(ii) of <br />Regulations, 29 CFR part 5, the appropriate information is being <br />maintained under §5.5 (a)(3)(1) of Regulations, 29 CFR part 5, <br />and that such information is correct and complete; <br />(ii) That each laborer or mechanic (including each helper, <br />apprentice, and trainee) employed on the contract during the <br />payroll period has been paid the full weekly wages earned, <br />without rebate, either directly or indirectly, and that no <br />deductions have been made either directly or indirectly from the <br />full wages earned, other than permissible deductions as set forth <br />in Regulations, 29 CFR part 3; <br />(iii) 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 specified <br />in the applicable wage determination incorporated into the <br />contract. <br />(3) The weekly submission of a properly executed certification <br />set forth on the reverse side of Optional Form WH -347 shall <br />satisfy the requirement for submission of the "Statement of <br />Compliance" required by paragraph 3.b.(2) of this section. <br />(4) The falsification 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 231 of title <br />31 of the United States Code. <br />c. The contractor or subcontractor shall make the records required <br />under paragraph 3.a. of this section available for inspection, <br />copying, or transcription by authorized representatives of the <br />contracting agency, the State DOT, the FHWA, or the Department <br />of Labor, and shall permit such representatives to interview <br />employees during working hours on the job. If the contractor or <br />subcontractor fails to submit the required records or to make them <br />available, the FHWA may, after written notice to the contractor, the <br />DLA -OB 13-06 <br />City # 15-6830 <br />FED # HSIPL 5063(154) <br />Exhibit 12-G <br />Required Federal -aid Contract Language <br />contracting agency or the State DOT, take such action as may be <br />necessary to cause the suspension of any further payment, <br />advance, or guarantee of funds. Furthermore, failure to submit the <br />required records upon request or to make such records available <br />may be grounds for debarment action pursuant to 29 CFR 5.12. <br />4. Apprentices and trainees <br />a. Apprentices (programs of the USDOL). <br />Apprentices will be permitted to work at less than the predetermined <br />rate for the work they performed when they are employed pursuant <br />to and individually registered in a bona fide apprenticeship program <br />registered with the U.S. Department of Labor, Employment and <br />Training Administration, Office of Apprenticeship Training, Employer <br />and Labor Services, or with a State Apprenticeship Agency <br />recognized by the Office, or if a person is employed in his or her first <br />90 days of probationary employment as an apprentice in such an <br />apprenticeship program, who is not individually registered in the <br />program, but who has been certified by the Office of Apprenticeship <br />Training, Employer and Labor Services or a State Apprenticeship <br />Agency (where appropriate) to be eligible for probationary <br />employment as an apprentice. <br />The allowable ratio of apprentices to journeymen on the jab site in <br />any craft classification shall not be greater than the ratio permitted to <br />the contractor as to the entire work force under the registered <br />program. Any worker listed on a payroll at an apprentice wage rate, <br />who is not registered or otherwise employed as stated above, shall <br />be paid not less than the applicable wage rate on the wage <br />determination for the classification of work actually performed. In <br />addition, any apprentice performing work on the job site in excess of <br />the ratio permitted under the registered program shall be paid not <br />less than the 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 which its <br />program is registered, the ratios and wage rates (expressed in <br />percentages of the journeyman's hourly rate) specified in the <br />contractor's or subcontractor's registered program shall be <br />observed. <br />Every apprentice must be paid at not less than the rate specified in <br />the registered program for the apprentice's level of progress, <br />expressed as a percentage of the journeymen hourly rate specified <br />in the applicable wage determination. Apprentices shall be paid <br />fringe benefits in accordance with the provisions of the <br />apprenticeship program. If the apprenticeship program does not <br />specify fringe benefits, apprentices must be paid the full amount of <br />fringe benefits listed on the wage determination for the applicable <br />classification. If the Administrator determines that a different practice <br />prevails for the applicable apprentice classification, fringes shall be <br />paid in accordance with that determination. <br />In the event the Office of Apprenticeship Training, Employer and <br />Labor Services, or a State Apprenticeship Agency recognized by the <br />Office, withdraws approval of an apprenticeship program, the <br />contractor will no longer be permitted to utilize apprentices at less <br />than the applicable predetermined rate for the work performed until <br />an acceptable program is approved. <br />b. Trainees (programs of the USDOL). <br />Except as provided in 29 CFR 5.16, trainees will not be permitted to <br />work at less than the predetermined rate for the work performed <br />unless they are employed pursuant to and individually registered in <br />a program which has received prior approval, evidenced by formal <br />certification by the U.S. Department of Labor, Employment and <br />Training Administration. <br />Page 12 of 22 <br />August 12, 2013 <br />