Orange County NC Website
Browse       Search
32 <br />Contract No. TJCOG-CBS-004 <br />indirectly from the full wages earned, other than permissible deductions as set forth in <br />Regulations, 29 CFR part 3; <br />(3) That each laborer or mechanic has been paid not less than the applicable wage rates and <br />fringe benefits or cash equivalents for the classification of work performed, as specified in the <br />applicable wage determination incorporated into the Contract. <br />(C) The weekly submission of a properly executed certification set forth on the reverse side of <br />Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of <br />Compliance" required by paragraph (a)(3)(ii)(B) of this section. <br />(D) The falsification of any of the above certifications may subject the Contractor or subcontractor <br />to civil or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the <br />United States Code. <br />(iii) The Contractor or subcontractor shall make the records required under paragraph (a}(3)(i) of this <br />section available for inspection, copying, or transcription by authorized representatives of the <br />Department of Energy or the Department of Labor, and shall permit such representatives to interview <br />employees during working hours on the job. If the Contractor or subcontractor fails to submit the <br />required records or to make them available, the Federal agency may, after written notice to the <br />Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension <br />of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required <br />records upon request or to make such records available may be grounds for debarment action pursuant <br />to 29 CFR 5.12. <br />(4) Apprentices and trainees-- <br />{i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work <br />they performed when they are employed pursuant to and individually registered in a bona fide <br />apprenticeship program registered with the U.S. Department of Labor, Employment and Training <br />Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State <br />Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of <br />probationary employment as an apprentice in such an apprenticeship program, who is not individually <br />registered in the program, but who has been certified by the Office of Apprenticeship Training, <br />Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for <br />probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job <br />site in any crab classification shall not be greater than the ratio permitted to the Contractor as to the <br />entire work force under the registered program. Any worker listed on a payroll at an apprentice wage <br />rate, who is not registered or otherwise employed as stated above, shall be paid not less than the <br />applicable wage rate on the wage determination for the classification of work actually performed. In <br />addition, any apprentice performing work on the job site in excess of the ratio permitted under the <br />registered program shall be paid not less than the applicable wage rate on the wage determination for the <br />work actually performed. Where a Contractor is performing construction on a project in a locality other <br />than that in which its program is registered, the ratios and wage rates (expressed in percentages of the <br />journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be <br />observed. Every apprentice must be paid at not less than the rate specified in the registered program for <br />the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in <br />the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the <br />provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, <br />apprentices must be paid the full amount of fringe benefits listed on the wage determination for the <br />applicable classification. If the Administrator determines that a different practice prevails for the <br />applicable apprentice classification, fringes shall be paid in accordance with that determination. In the <br />event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship <br />Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will <br />Page 28 of 34 <br />