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will notify the contracting officer within the 30,day period that
<br />additional time Is necessary.
<br />(4) The wage rato (including fringe benefits where
<br />appropriate) determined pursuant to paragraphs 1.6:(2) or
<br />1.b.(3) of this section, shallbe paid to all workers performing
<br />work in the classification under this contract from the first
<br />day on which work is performed in the classification..
<br />c. Whenever the minimum Wage rate prescribed in the
<br />contract for a class of laborers or mechanics Includes a fringe
<br />benefit which is not expressed as an houdy rale, the contractor
<br />shall either pay the benefit as staled in the wage determination
<br />or shall pay another bona fide tinge benefit or an hourly cash
<br />equivalent thereof.
<br />d. If the contractor does not make payments to a. trustee or
<br />other third person. the contractor may consider as part of the
<br />wages of any laborer ormochenic the amount of any costs
<br />.reasonably anticipated In providing bona fide fringe benefits
<br />under a plan or program, Provided, That the Secretary of
<br />Labor has found, upon the written request of the contractor,
<br />that the applicable standards of the Davis�Bscon Act have
<br />been met. The Secretary of Labor may require the contractor
<br />to set aside in a separate account assets for the meeting of
<br />obligations under the plan. or program.
<br />2.. Withholding
<br />The contracting agency shall upon Its own action or upon
<br />written request of an authorized representative of the
<br />Department of Labor, withhold or cause to be withheld from
<br />the contractor under this contract, or any other Federal,
<br />contract with the same prime contractor, or any other federally -
<br />assisted contract subject to Davis -Bacon prevailing wag@
<br />requirements, Which is held by the same prime contractor, so
<br />much of the accrued payments or advances as may be
<br />considered necessary to pay laborers and mechanics,
<br />including apprentices, trainees, and helpers, employed by the
<br />contractor or any subcontractor the full amount of Wages
<br />required by.the contract. In the event of failure to pay any
<br />laborer or. mechanic, Including any apprentice, traineo, or
<br />,helper, employed or working on the site of the work, all or part
<br />of the wages required by the contract, the contracting agency
<br />may, atter written notice to the Contractor, take such action as
<br />may be necessary to cause the suspension of any further
<br />payment, advance, or guarantee of funds until such violations
<br />have ceased.
<br />3. Payrolls and basic records
<br />a. Payrolls and basic records relating thereto shall be
<br />maintained by the contractor during the course of the work and
<br />preserved for a period of three years thereafter for all laborers
<br />and mechanics working at the site of the work. Such records
<br />shall contain the name, address, and social security number of
<br />each such worker, his or her correct classification; hourly rates
<br />of wages paid (including rates of contributions or costs
<br />anticipated for bona fide fringe benefits or rash equivalents
<br />thereof of the types described in section 1(b)(2)(B) of the
<br />Davis -Bacon Act), daily and Weekly number of hours worked,
<br />deductions made and actual wages paid. Whenever the
<br />Secretary of Labor has found under 29 CFR 5.S(a)(1)(iv) that
<br />the wages of any laborer or mechanic Include time amount of
<br />any costs reasonably anticipated in providing benefits under a
<br />plan or program described In section 1(b)(2)(B) of the Davis -
<br />Bacon Act, the contraclgr shall maintain records which show
<br />that the commitment to provide -such benefits is enforceable,
<br />thalthe plan or program is financially responsible; and that the
<br />plan or program has been communicated in writing tri the
<br />laborers or mechanics affected, and records which show the
<br />costs anticipated or the actual cost incurred in providing such
<br />benefits. Contractors employing apprentices or trainees under
<br />approved programs shall maintain written evidence of the
<br />registration of apprenticeship programs and certification of
<br />trainee programs, the registration of the apprentcos and
<br />trainees, and the ratios and wage. rates prescribed in the
<br />applicable programs.
<br />b.(1) The contractor shall submit weekly for each week in
<br />which any contract Work is performed a copy of all payrolls to
<br />the contracting agency. The payrolls submitted shall set out
<br />accurately and completely all of the Information required to be
<br />malntained under 20 CFR 5.5(a)(3)(I), except that full social
<br />security numbers and home addresses shall not be included
<br />on weeklylransmittals. Instead the payrolls shall only need to
<br />include an individually Identifying number for each employee
<br />e.g. , the last four digits of the employee's sodal.security
<br />mumber)..The required weekly payroll information may be
<br />submitted in any fame deslred. Optional Form WH -347 is
<br />available for this purpose from the Wage and Hour Division
<br />Web site at htlpl/wwx.dol.govlesaMhdlformshvh347instr.htm
<br />or its successor site. The prime contractor is responsible for
<br />the submission of copies of payrolls by all subcontractors.
<br />Contractors and subcontractors shall maintain the full social
<br />security number and current address of each covered worker,
<br />and shall provide them upon request to the contracting agency
<br />for transmission to the State DOT, the FHWA or the Wage and
<br />Hour Division. of the Department of Labor for purposes of an
<br />investigation or audit of compliancewith prevailing wage
<br />requirements. It is not aviolation of this section for a prime
<br />contractor to require subcontractor to provide addresses and
<br />social security pumbers 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
<br />"Statement of Compliance' signed by the contractor or
<br />subcontractor or his or her agent who pays or supervises the
<br />payment of the persons employed under the, contract and shall
<br />certify the Following: '
<br />(i) That the payroll for tie payroll period contains the
<br />information required to be provided under §5.5 (a)(3)(0) of
<br />Regulations, 29 CFR part 5, the appropriate Information is
<br />being maintained under §5.5 (a)(3)(1) of Regulations, 29
<br />CFR partb, and that such information is correct and
<br />complete:
<br />(it) That aach laborer or mechanic (including each
<br />helper, apprentice, and trainee) employed on the contract
<br />during the paymil period has been paid the full weekly
<br />wages earned. without rebate, either directly or indirectly,
<br />and that no deductions have been made either directly or
<br />indirectly from the hill wages earned, other than
<br />permissible deductions as sot forth In Regulations, 29 CFR
<br />part 3;
<br />(ill) That each laborer or mechanic. has boon paid not
<br />less than the applicable wage rates and fringe benefits or
<br />cash equivalents for. the classification of work performed;
<br />as specified In the applicable wage determination
<br />Incorporated Into the contract.
<br />23A-31
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