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Attachment B <br />recommendation of the State award official, to the Administrator for determination. The <br />Administrator, or an authorized representative, will issue a determination within 30 days of <br />receipt and so advise the contracting officer or will notify the contracting officer within the 30- <br />day period that additional time is necessary. <br />(E) The contracting officer must promptly notify the contractor of the action taken by the Wage <br />and Hour Division under paragraphs (a)(1)(iii)(C) and (D) of this section. The contractor must <br />furnish a written copy of such determination to each affected worker or it must be posted as a <br />part of the wage determination. The wage rate (including fringe benefits where appropriate) <br />determined pursuant to paragraph (a)(1)(iii)(C) or (D) must be paid to all workers performing <br />work in the classification under this contract from the first day on which work is perFormed in <br />the classification. <br />(iv) Whenever the minimum wage rate prescribed in the contract for a class of laborers or <br />mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may <br />either pay the benefit as stated in the wage determination or may pay another bona fide fringe <br />benefit or an hourly cash equivalent thereof. <br />(v) if the contractor does not make payments to a trustee or other third person, the contractor <br />may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably <br />anticipated in providing bona tide fringe benefits under a plan or program, provided, that the <br />Secretary of Labor has found, upon the written request of the contractor, in accordance with the <br />criteria set forth in section 5.28. that the applicable standards of the Davis -Bacon Act have been <br />met. The Secretary of Labor may require the contractor to set aside in a separate account assets <br />for the meeting of obligations under the plan or program. <br />(vi) In the event of a failure to pay all or part of the wages required by the contract, the <br />contractor will be required to pay interest on any underpayment of wages- <br />(2) Withholding. (i) The [SRF Applicant], must, upon its own action or upon written request of <br />the EPA Award Official or an authorized representative of the Department of Labor, withhold or <br />cause to be withheld from the contractor under this contract or any other Federal contract with <br />the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon <br />prevailing wage requirements, which is held by the same prime contractor, so much of the <br />accrued payments or advances as may be considered necessary to satisfy the liabilities of the <br />prime contractor or any subcontractor for the full amount of wages required by the clause set <br />forth in paragraph (a)(1) of this section and monetary relief for violations of paragraph (a)(11) of <br />this section of this contract, including interest, or to satisfy any such liabilities required by any <br />other Federal contract, or federally assisted contract subject to Davis -Bacon labor standards, that <br />is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld <br />from the contractor under this contract or any other Federal contract with the same prime <br />contractor, or any other federally assisted contract that is subject to Davis -Bacon prevailing wage <br />requirements and is held by the same prime contractor, regardless of whether the other contract <br />was awarded or assisted by the same agency. In the event of a contractor's failure to pay any <br />laborer or mechanic, including any apprentice or helper working on the site of the work (or <br />otherwise working in construction or development of the project under a development statute) all <br />Updated 12/2023 <br />