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(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known),
<br />or their representatives, and the ~ontracting officer agree on the classification and wa~e rate
<br />(including the amount designated for fringe benefits where appropriate), a report of the action taken
<br />shall be sent by the contracting officer to the Administrator of tbe Wage and Hour Division,
<br />~ Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized
<br />representative, will approve, modify, or disapprove every additional classification actioi- within 30
<br />days of receipt and so advise the contracting officer or will notify the contracting officer within the
<br />30-day period that additional time is necessary.
<br />(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their
<br />representatives, and the contracting officer do not agree on the proposed ~e contract ng officer shall
<br />(including the amount designated for fringe benefits, where appropnate),
<br />refer the questions, including the views of all interested parttes and the recommendation of the
<br />contracting officer, to the Administrator for determination. The Administrator, or an authorized
<br />~epresentattve, will issue a determination with 30 days of receipt and so advise the contracting officer
<br />or will notify the contracting officer within the 30-day period that additional time is necessary.
<br />(D) The wage rate (including fringe bentrts where appropriate) detern~ined pursuant to paragraphs
<br />(1)(iv) (B) or (C) of mis~ f~~ dah on whc h workl s performe.~d in the c~ass fcat n.e classification
<br />under this contract fro Y
<br />(2) Withholding - The Recipient shall upon its own action or upon written request of an authorized
<br />representative of the DepaRment of Labor withhold or cause to be withheld from the Contractor
<br />under this contract or any other Federal contract with the same prime Contractor, or any other
<br />federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the
<br />same prime contractor, so much of the accrued payments o~~~~eand helpersbemployed by
<br />necessary to pay laborers and mechanics, including apprentices,
<br />the Contractor or any subcontractor the full amount of wa8 ren~ce,etrabneeh o helper, mployed or
<br />of failure to pay any laborer or mechanic, including any app
<br />working on the site of the work (or under the United States Housing Act of 1937 or under the
<br />Housing Act of 1949 in the construction or development of the project), all or part of the wages
<br />required by the contract, the Recipient may, after wntten notice to the Contractor, sponsor, applicant,
<br />or owner, take such action as may be necessary to cause the suspension of any further payment,
<br />advance, or guarantee of funds until such violations have ceased•
<br />i
<br />(3) Payrolls and basic records -(i) Payrolls and basic records relating thereto shall be maintained by
<br />the Contractor during the course of the work and preserved for a period of three years thereafter for
<br />all laborers and mechanics working at the site of the work (or under the United States Housing Act of
<br />1937, or under the Housing Act of 1949, in the construction or development of the proj h s) or her
<br />r e c o r d s s h a l l c o n t a i n t he name, address, and social security number of each such worker,
<br />correct classification, hourly rates of wages paid (including rates o f con t ri b u t i o n s o r c o s t s an t i c i p a t e d
<br />for bona fide fringe bene fits or cash equrvalents thereof of the types d d~b~ nssmade and ac)tnal
<br />of the Davis-Bacon Act), daily and weekly number of hours worked,
<br />wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of
<br />any laborer or mechanic inc cn~e t~h ~~~o ~l~ ~~2~~B~ of ~e Davis Ba naA 1 herContra tor shall
<br />under a plan or program des
<br />maintain records which show tfiat the commitment to provide such benefits is enforceable, that the
<br />plan or program is financially responsible, and that the plan or program has been communicated in
<br />writing to the laborers oc mechanics affected, and records which show the costs anticipated or the
<br />actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
<br />approved programs shall maintain written evidence of the registration of apprenticeship programs
<br />and certification of trainee programs, the registration of the apprentices and trainees, and the ratios
<br />and wage rates prescribed in the applicable programs.
<br />Addendum, FI~A Contract Requirements
<br />~ Page - 15 .
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