|
30
<br />Contract No. TJCOG-CBS-004
<br />(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
<br />relationship to the wage rates contained in the wage determination.
<br />(B) If the Contractor and the laborers and mechanics to be employed in the classification (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 the action taken
<br />shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, U.S.
<br />Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative,
<br />will approve, modify, or disapprove every additional classification action within 30 days of receipt
<br />and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period
<br />that additional time is necessary.
<br />(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or
<br />their representatives, and the Contracting Officer do not agree on the proposed classification and
<br />wage rate (including the amount designated for fi-inge benefits, where appropriate), the Contracting
<br />Officer shall refer the questions, including the views of all interested parties and the
<br />recommendation of the Contracting Officer, to the Administrator for determination.. T'he
<br />Administrator, or an authorized representative, will issue a determination within 30 days of receipt
<br />and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period
<br />that additional time is necessary.
<br />(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
<br />(a)(1 xiixB) 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 />(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics
<br />includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the
<br />benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
<br />cash equivalent thereof.
<br />(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may
<br />consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
<br />in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor
<br />has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon
<br />Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account
<br />assets for the meeting of obligations under the plan or program.
<br />(2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own action or
<br />upon written request of an authorized representative of the Department of Labor withhold or cause to be
<br />withheld from the Contractor under this Contract or any other Federal contract with the same prime
<br />contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,
<br />which is held by the same prime contractor, so much of the accrued payments or advances as may be
<br />considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed
<br />by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of
<br />failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on
<br />the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in
<br />the construction or development of the project), all or part of the wages required by the Contract, the
<br />Department of Energy, Recipient, or Subrecipient, may, after written notice to the Contractor, sponsor,
<br />applicant, 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 />(3) Payrolls and basic records.
<br />Page 26 of 34
<br />
|