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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
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