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(B) If the Contractor and the laborers and mechanics to be employed in the classific tion (if known),
<br />or their representatives, and the contracting officer agree on the classification and wage rate
<br />~ (including the amount designated for fringe benefits where appropriate), a report of he action taken
<br />shall be sent by the contracting officer to the Administrator of the Wage and our Division,
<br />Employment Standards Administration, Washington, DC 20210. The Administrator, r an authorized
<br />representative, will approve, modify, or disapprove every additional classification tion within 30
<br />days of receipt and so advise the contracting officer or will notify the contracting o ficer 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 class Ification or their
<br />representatives, and the contracting officer do not agree on the proposed classificatio and wage rate
<br />(including the amount designated for fringe benefits, where approprtate), the contract ng officer shall
<br />refer the questions, including the views of all interested parties and the recomm ndation of the
<br />contracting officer, to the Administrator for determination. The Administrator, o an authorized
<br />representative, will issue a determination with 30 days of receipt and so advise the co tracting officer
<br />or will notify the contracting officer within the 30-day period that additional time is n essary.
<br />(D) The wage rate (including fringe benefits where appropriate) determined pursuar~t to paragraphs
<br />(1)(iv) (B) or (C) of this section, shall be paid to all workers performing work in tHe classification
<br />under this contract from the first day on which work is performed in the classification
<br />(2) Withholding - The Recipient shall upon its own action or upon written request f an authorized
<br />representative of the Department of Labor withhold or cause to be withheld from the Contractor
<br />under this contract or any other Federal contract with the same prime Contracto , or any other
<br />federally-assisted contract subject to Davis-Bacon prevailing wage requirements, whic is held by the
<br />same prime contractor, so much of the accrued payments or advances as may be considered
<br />necessary to pay laborers and mechanics, including apprentices, trainees, and helper , employed by
<br />the Contractor or any subcontractor the full amount of wages required by the contr t. In the event
<br />of failure to pay any laborer or mechanic, including any apprentice, trainee, or help r, employed or
<br />~ working on the site of the work (or under the United States Housing Act of 19 7 or under the
<br />Housing Act of 1949 in the construction or development of the project), all or pa of the wages
<br />required by the contract, the Recipient may, after wntten notice to the Contractor, sp nsor, applicant,
<br />or owner, take such action as may be necessary to cause the suspension of any f rther payment,
<br />advance, or guarantee of funds until such violations have ceased.
<br />(3) Payrolls and basic records -(i) Payrolls and basic records relating thereto shall b maintained by
<br />the Contractor during the course of the work and preserved for a period of three ye s 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 th project). Such
<br />records shall contain the name, address, and social security number of each such w ker, his or her
<br />correct classification, hourly rates of wages paid (including rates of contributions or e sts anticipated
<br />for bona fide fringe benefits or cash equivalents thereof of the types described in se tion 1(b)(2)(B)
<br />of the Davis-Bacon Act), daily and weekly number of hours worked, deductions ade and actual
<br />wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) t at the wages of
<br />any laborer or mechanic include the amount of any costs reasonably anticipated in pr viding benefits
<br />under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the ontractor shall
<br />maintain records which show [hat the commitment to provide such benefits is enfor eable, that the
<br />plan or program is financially responsible, and that the plan or program has been c mmunicated in
<br />writing to the laborecs or mechanics affected, and records which show the costs an icipated or the
<br />actual cost incuned in providing such benefits. Contractors employing apprentices o trainees under
<br />approved programs shall maintain written evidence of the registration of apprentic ship 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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