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will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show <br /> additional time is necessary. that the commitment to provide such benefits is enforceable, <br /> that the plan or program is financially responsible,and that the <br /> (4) wage rate fringe benefits plan or program has been communicated in writing to the <br /> appropriate)Thewgete to(including nto where.(2)or laborers or mechanics affected,and records which show the <br /> ro)ofthisdetsecermined <br /> d pursuantll bptid to all paragraphsworphs .pb.(2)or costs anticipated or the actual cost incurred in providing such <br /> work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under <br /> day on which work is performed in the classification. approved programs shall maintain written evidence of the <br /> registration of apprenticeship programs and certification of <br /> trainee programs,the registration of the apprentices and <br /> c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the <br /> contract for a class of laborers or mechanics includes a fringe applicable programs. <br /> benefit which is not expressed as an hourly rate,the contractor <br /> shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in <br /> or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to <br /> equivalent thereof. the contracting agency. The payrolls submitted shall set out <br /> accurately and completely all of the information required to be <br /> d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social <br /> other third person,the contractor may consider as part of the security numbers and home addresses shall not be included <br /> wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to <br /> reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee <br /> under a plan or program, Provided,That the Secretary of e.g. ,the last four digits of the employee's social security <br /> Labor has found, upon the written request of the contractor, number).The required weekly payroll information may be <br /> that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is <br /> been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division <br /> to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm <br /> obligations under the plan or program. or its successor site.The prime contractor is responsible for <br /> the submission of copies of payrolls by all subcontractors. <br /> 2. Withholding 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 /> The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and <br /> written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an <br /> Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage <br /> the contractor under this contract,or any other Federal requirements. It is not a violation of this section for a prime <br /> contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and <br /> assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own <br /> requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. <br /> much of the accrued payments or advances as may be <br /> considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a <br /> including apprentices,trainees, and helpers,employed by the "Statement of Compliance,"signed by the contractor or <br /> contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the <br /> required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall <br /> laborer or mechanic,including any apprentice,trainee,or certify the following: <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, after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the <br /> may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of <br /> payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is <br /> have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 <br /> CFR part 5,and that such information is correct and <br /> 3. Payrolls and basic records complete; <br /> a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each <br /> maintained by the contractor during the course of the work and during1per, apprentice,and trainee)employed full the contract <br /> preserved for a period of three years thereafter for all laborers during the payroll period has been paid the weekly <br /> andwages earned,without rebate,either directly or indirectly, <br /> mechanics working at the site of the work. Such records <br /> shall contain the name,address,and social security number of and that nor deductions haves beenrnmade either directly or <br /> each such worker,his or her correct classification,hourly rates indirectly from the fulls wages earned, Regulations,othgr than <br /> of wages paid(including rates of contributions or costs permissible deductions as set forth in 29 CFR <br /> anticipated for bona fide fringe benefits or cash equivalents part 3; <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, (iii)That each laborer or mechanic has been paid not <br /> deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or <br /> Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, <br /> the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination <br /> any costs reasonably anticipated in providing benefits under a incorporated into the contract. <br /> plan or program described in section 1(b)(2)(B)of the Davis- <br /> 5 <br />