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will notify the contracting of eorwithin the 30-day period that
<br />additional time Is necessary.
<br />(4) The wage rate (including fringe benefits where
<br />appropriate) determined pursuant to paragraphs 1.b.(2) or
<br />1.b.(3) of this section, shall be paid to all workers performing
<br />work in the ciasslncation 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 Gass of laborers or mechanics Includes a fringe
<br />benefit which Is not expressed as an houdy rate, the contractor
<br />shall edher pay the benefit as stated In the wage determination
<br />or shall pay another bona fide fringe 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 or mechanic the amount of any costs
<br />reasonably anticipated in providing bona tide 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 -Bacon 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 shell upon Its own action or upon
<br />written request of an authorized representafive of the
<br />Department of Labor, withhold or cause to be withheld hors
<br />the contractor under this contract, or any other Federal
<br />contract with Nte same prime contractor, ar any other faderally-
<br />asslstW contract subject is Davis -Bacon prevailing wage
<br />rsquirements, which Is held by the same prima contractor, so
<br />much of the accrued payments or advances as may be
<br />considered necessary to pay laborers and mechanics,
<br />Including appremices, trainees, and helpers, employed by the
<br />wntractor 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, trainee, 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, after written notice to the contractor, take such action as
<br />may be necessary to cause the suspension of any further
<br />Payment, advance, of 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 clasSi ication, hourly rates
<br />of wages paid (including rates of contributions or costs
<br />anticipated for bona fide fringe beneflts or cash 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 5.5(a)(1 )(Iv) that
<br />the wages of any laborer or mechanic include the amount of
<br />any costs reasonably anticipated In providing benefits under a
<br />plan or program described in section 1(b)(2)(S) of the Davls-
<br />Bacon Act, the contractor shall maintain records which show
<br />that the commitment to provide such benefits Is enforceable,
<br />that the plan or program is financially responsible, and that the
<br />plan or program has been communicated In writing to 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 apprentices and
<br />trainees, and the ratios and wage rates prescribed in the
<br />applleable 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 />maintained under 29 CFR 5.5(e)(3)(I), except that full social
<br />security numbers end home addresses shall not be included
<br />on weekly transmlttals. Instead the payrolls shall only need to
<br />Include an individually Identifying number for each employee
<br />the last four digits of the employeo'5 soots) securty
<br />number). The required weeky payroll information may be
<br />submlited In any form desired. Optional Form W H-3471s
<br />available for this purpose from the Wage end Hour Division
<br />Web Gte at httpa/ww,v.do6gov/esa/whd/forms/wh3471nstr.htm
<br />or its successor afte. Tha prime contractor is rasponslble for
<br />Me
<br />submission of copies of payroll, 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 />I
<br />transmission to the State DOT, the FHWA or the Wage and
<br />Hour Division of the Department of Labor for purposes of an
<br />investlgation or audit of compliance with prevailing wage
<br />requirements. It is not a violation or this section for a prime
<br />contractor to require a subcontractor to provide addresses and
<br />social security numbers to the prime contractor for Its own
<br />records, without weekly submisslon to the contracting agency..
<br />(2) Each payroll submitted shall be accompanied by a
<br />"Statement of Compliance," signed by the contractor or
<br />subcontractoror 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 />(1) That the payroll for the payroll period contains the
<br />information required to be provided under §5.6 (a)(3)(fi) 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 part 5, and that such Information is correct and
<br />complete;
<br />(II) That each laborer or mechanic (Including each
<br />helper, apprentice, and trainee) employed on the contract
<br />during the payroll 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 full wages earned, other than
<br />Permissible deductions as set forth In Regulations, 29 CFR
<br />part 3;
<br />(ill) That each laborer or mechanic has been pall 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.
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