|
of the wages of any laborer or mechanic the amount of any
<br />costs reasonably anticipated in providing bona fide fringe
<br />benefits under a plan or program, Provided, That the
<br />Secretary of Labor has found, upon the written request of
<br />the contractor, that the applicable standards of the Davis -
<br />Bacon Act have been met. The Secretary of Labor may
<br />require the contractor to set aside in a separate account
<br />assets for the meeting of obligations under the plan or
<br />program. (Approved by the Office of Management and
<br />Budget under OMB Control Number 1215-0140.)
<br />2. Withholding. HUD or its designee shall upon its own
<br />action or upon written request of an authorized
<br />representative of the Department of Labor withhold or
<br />cause to be withhold from the contractor under this
<br />contract or any other Federal contract with the same prime
<br />contractor, or any other Federally -assisted contract
<br />subject to Davis -Bacon prevailing wage requirements,
<br />which is held by the same prime contractor so much of the
<br />accrued payments or advances as may be considered
<br />necessary to pay laborers and mechanics, including
<br />apprentices, trainees and helpers, employed by the
<br />contractor 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
<br />part of the wages required by the contract, HUD or its
<br />designee may, after written notice to the contractor,
<br />sponsor, applicant, or owner, take such action as may be
<br />necessary to cause the suspension of any further
<br />payment, advance, or guarantee of funds until such
<br />violations have ceased. HUD or its designee may, after
<br />written notice to the contractor, disburse such amounts
<br />withheld for and on account of the contractor or
<br />subcontractor to the respective employees to whom they
<br />are due. The Comptroller General shall make such
<br />disbursements in the case of direct Davis -Bacon Act
<br />contracts.
<br />3. (1) Payrolls and basic records. Payrolls and basic
<br />records relating thereto shall be maintained by the
<br />contractor during the course of the work preserved for a
<br />period of three years thereafter for all laborers and
<br />mechanics working at the site of the work. Such records
<br />shall contain the name, address, and social security
<br />number of each such worker, his or her correct
<br />classification, hourly rates of wages paid (including rates
<br />of contributions or costs anticipated for bona fide fringe
<br />benefits or cash equivalents thereof of the types described
<br />I b 2 B f the Davis -bacon Act) dail and
<br />communicated in writing to the laborers or mechanics
<br />affected, and records which show the costs anticipated or
<br />the actual cost incurred in providing such benefits.
<br />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 />applicable programs. (Approved by the Office of
<br />Management and Budget under OMB Control Numbers
<br />1215-0140 and 1215-0017.)
<br />(it) (a) The contractor shall submit weekly for each week
<br />in which any contract work is performed a copy of all
<br />payrolls to HUD or its designee if the agency is a party to
<br />the contract, but if the agency is not such a party, the
<br />contractor will submit the payrolls to the applicant
<br />sponsor, or owner, as the case may be, for transmission to
<br />HUD or its designee. The payrolls submitted shall set out
<br />accurately and completely all of the information required
<br />to be maintained under 29 CFR 5,5(a)(3)(i) except that full
<br />social security numbers and home addresses shall not be
<br />included on weekly transmittals. Instead the payrolls shall
<br />only need to include an individually identifying number for
<br />each employee (e.g., the last four digits of the employee's
<br />social security number). The required weekly payroll
<br />information may be submitted in any form desired.
<br />Optional Form WH-347 is available for this purpose from
<br />the Wage and Hour Division Web site at
<br />htt,p://www,dol.govlesalwhd/formslwh347instr.htm or its
<br />successor site. The prime contractor is responsible for
<br />the submission of copies of payrolls by all subcontractors.
<br />Contractors and subcontractors shall maintain the full
<br />social security number and current address of each
<br />covered worker, and shall provide them upon request to
<br />HUD or its designee if the agency is a party to the
<br />contract, but if the agency is not such a party, the
<br />contractor will submit the payrolls to the applicant
<br />sponsor, or owner, as the case may be, for transmission to
<br />HUD or its designee, the contractor, or the Wage and Hour
<br />Division of the Department of Labor for purposes of an
<br />investigation or audit of compliance with prevailing wage
<br />requirements. it is not a violation of this subparagraph for
<br />a prime contractor to require a subcontractor to provide
<br />addresses and social security numbers to the prime
<br />contractor for its own records, without weekly submission
<br />to HUD or its designee. (Approved by the Office of
<br />Management and Budget under OMB Control Number
<br />in Section ( )( ){ ) o y 1215-0149.)
<br />weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a
<br />actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or
<br />found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises
<br />laborer or mechanic include the amount of any costs the payment of the persons employed under the contract
<br />reasonably anticipated in providing benefits under a plan and shall certify the following:
<br />or program described in Section I(b)(2)(t3) of the Davis- (1) That the payroll for the payroll period contains the
<br />Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5
<br />show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained
<br />enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(1), and that such information is
<br />responsible, and that the plan or program has been correct and complete;
<br />Previous editions are obsolete form HUD-4010 (0612009)
<br />Page 2 of 5 ref. Handbook 1344,1
<br />
|