|
- 6 -
<br />apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract,
<br />the Sponsor may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be
<br />necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have
<br />ceased.
<br />
<br />3. Payrolls and Basic Records.
<br />
<br />(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and
<br />preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records
<br />shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly
<br />rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents
<br />thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked;
<br />deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the
<br />wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a
<br />plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show
<br />that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that
<br />the plan or program has been communicated in writing to the laborers or mechanics affected, and that show the costs
<br />anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under
<br />approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of
<br />trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
<br />programs.
<br />
<br />(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls
<br />to the Sponsor if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the
<br />payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Sponsor. The payrolls submitted
<br />shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except
<br />that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls
<br />shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee’s
<br />social security number). The required weekly payroll information may be submitted in any form desired. Optional Form
<br />WH–347 is available for this purpose from the Wage and Hour Division Web site at
<br />www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of
<br />copies of payrolls by all sub-contractors. Contractors and sub-contractors shall maintain the full social security number
<br />and current address of each covered worker and shall provide them upon request to the Sponsor if the agency is a party to
<br />the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or Owner, as
<br />the case may be, for transmission to the Sponsor, the Contractor, or the Wage and Hour Division of the Department of
<br />Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of
<br />this section for a prime Contractor to require a sub-contractor to provide addresses and social security numbers to the
<br />prime Contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant,
<br />Sponsor, or Owner).
<br />
<br />(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or
<br />subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall
<br />certify the following:
<br />
<br />(1) The payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the
<br />appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and
<br />complete;
<br />
<br />(2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the
<br />payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no
<br />deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as
<br />set forth in Regulations 29 CFR Part 3;
<br />
<br />(3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents
<br />for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
<br />
<br />15
|