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(2) That each laborer or mechanic (including each helper, <br />apprentice, and trainee) employed on the contract during <br />the payroll period has been paid the full weekly wages <br />earned, without rebate, either directly or Indirectly, and <br />that no deductions have been made either directly or <br />indirectly from the full wages earned, other than <br />permissible deductions 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 rales and fringe benefits or cash <br />equivalents for the classification of work performed, as <br />specified in the applicable wage determination <br />Incorporated Into the contract. <br />(c) The weekly submission of a properly executed <br />certification set forth on the reverse side of Optional Form <br />WH -347 shall satisfy the requirement for submission of the <br />'Statement of Compliance" required by subparagraph <br />A.3.(il)(b). <br />(d) 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 <br />231 of Title 31 of the United States Code. <br />(iii) The contractor or subcontractor shall make the <br />records required under subparagraph A.3.(i) available for <br />Inspection, copying, or transcription by authorized <br />representatives of HUD 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 falls to submit the required <br />records 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 the <br />required records upon request or to make such records <br />available may be grounds for debarment action pursuant to <br />29 CFR 5.12. <br />4. Apprentices and Trainees. <br />(I) Apprentices. Apprentices will be permitted to work at <br />less than the predetermined rate for thework they <br />performed when they are employed pursuant to and <br />Individually registered in a bona fide apprenticeship <br />program registered with the U.S. Department of Labor, <br />Employment and Training Administration, Office of <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 on <br />the job site In excess of the ratio permitted under the <br />registered 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 hourly <br />rate) specified In the contractor's or subcontractor's <br />registered program shall be observed. Every apprentice <br />must be paid at not less than the rate specified in the <br />registered program for the apprentice's level of progress, <br />expressed as a percentage of the journeymen hourly rate <br />specified in the applicable wage determination. <br />Apprentices 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 recognized 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 />(II) Trainees. Except as provided in 29 CFR 6.16, <br />trainees will not be permitted to work at less then the <br />predetermined rate for the work performed unless they are <br />employed pursuant ',to and Individually registered in a <br />program which has received prior approval, evidenced by <br />formal certification by the U.S. Department of Labor, <br />Employment and Training Administration. The ratio of <br />trainees to journeymen on the job site shall not be greater <br />than 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 />Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, <br />with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate <br />Office, or if a person Is employed in his or her first 90 specified In the applicable wage determination. Trainees <br />days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the <br />an apprenticeship program, who . Is not Individually provisions of the trainee program. If the trainee program <br />registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid <br />the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage <br />Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and <br />appropriate) to be eligible for probationary employment as Hour Division determines that there Is an apprenticeship <br />an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman <br />journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for <br />not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any <br />to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who Is not <br />worker listed on a payroll at an apprentice wage rate, who registered and participating In a training plan approved by <br />Previous editions are obsolete form HUD -4010 (0612009) <br />Page 3 of 5 ref. Handbook 1344.1 <br />25D-63 <br />