Federal Requirements For Construction Contracts Page 28
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35including any apprentice, trainee or helper, employed or
(1) That the payroll for the payroll period contains the
working on the site of the work, all or part of the wages required
information required to be maintained under 29 CFR 5.5 (a)(3)(i)
and that such information is correct and complete;
by the contract, HUD or its designee may, after written notice to
(2) That each laborer or mechanic (including each helper,
the contractor, sponsor, applicant, or owner, take such action as
apprentice, and trainee) employed on the contract during the
may be necessary to cause the suspension of any further
payroll period has been paid the full weekly wages earned,
payment, advance, or guarantee of funds until such violations
without rebate, either directly or indirectly, and that no
have ceased. HUD or its designee may, after written notice to
deductions have been made either directly or indirectly from the
the contractor, disburse such amounts withheld for and on
full wages earned, other than permissible deductions as set
account of the contractor or subcontractor to the respective
forth in 29 CFR Part 3;
employees to whom they are due. The Comptroller General
(3) That each laborer or mechanic has been paid not less than
shall make such disbursements in the case of direct Davis-
the applicable wage rates and fringe benefits or cash
Bacon Act contracts.
equivalents for the classification of work performed, as specified
3. (i) Payrolls and basic records. Payrolls and basic records
in the applicable wage determination incorporated into the
relating thereto shall be maintained by the contractor during the
contract.
course of the work preserved for a period of three years
(c) The weekly submission of a properly executed certification
thereafter for all laborers and mechanics working at the site of
set forth on the reverse side of Optional Form WH-347 shall
the work. Such records shall contain the name, address, and
satisfy the requirement for submission of the “Statement of
social security number of each such worker, his or her correct
Compliance” required by subparagraph A.3.(ii)(b).
classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or
(d) The falsification of any of the above certifications may
cash equivalents thereof of the types described in Section
subject the contractor or subcontractor to civil or criminal
l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of
prosecution under Section 1001 of Title 18 and Section 231 of
hours worked, deductions made and actual wages paid.
Title 31 of the United States Code.
Whenever the Secretary of Labor has found under 29 CFR 5.5
(iii) The contractor or subcontractor shall make the records
(a)(1)(iv) that the wages of any laborer or mechanic include the
required under subparagraph A.3.(i) available for inspection,
amount of any costs reasonably anticipated in providing
copying, or transcription by authorized representatives of HUD
benefits under a plan or program described in Section l(b)(2)(B)
or its designee or the Department of Labor, and shall permit
of the Davis-Bacon Act, the contractor shall maintain records
such representatives to interview employees during working
which show that the commitment to provide such benefits is
hours on the job. If the contractor or subcontractor fails to
enforceable, that the plan or program is financially responsible,
submit the required records or to make them available, HUD or
and that the plan or program has been communicated in writing
its designee may, after written notice to the contractor, sponsor,
to the laborers or mechanics affected, and records which show
applicant or owner, take such action as may be necessary to
the costs anticipated or the actual cost incurred in providing
cause the suspension of any further payment, advance, or
such benefits. Contractors employing apprentices or trainees
guarantee of funds. Furthermore, failure to submit the required
under approved programs shall maintain written evidence of the
records upon request or to make such records available may be
registration of apprenticeship programs and certification of
grounds for debarment action pursuant to 29 CFR 5.12.
trainee programs, the registration of the apprentices and
4. Apprentices and Trainees.
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of Management
(i) Apprentices. Apprentices will be permitted to work at less
and Budget under OMB Control Numbers 1215-0140 and 1215-
than the predetermined rate for the work they performed when
0017.)
they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S.
(ii) (a) The contractor shall submit weekly for each week in
Department of Labor, Employment and Training Administration,
which any contract work is performed a copy of all payrolls to
Office of Apprenticeship Training, Employer and Labor
HUD or its designee if the agency is a party to the contract, but
Services, or with a State Apprenticeship Agency recognized by
if the agency is not such a party, the contractor will submit the
the Office, or if a person is employed in his or her first 90 days
payrolls to the applicant sponsor, or owner, as the case may be,
of probationary employment as an apprentice in such an
for transmission to HUD or its designee. The payrolls submitted
apprenticeship program, who is not individually registered in the
shall set out accurately and completely all of the information
program, but who has been certified by the Office of
required to be maintained under 29 CFR 5.5(a)(3)(i). This
Apprenticeship Training, Employer and Labor Services or a
information may be submitted in any form desired. Optional
State Apprenticeship Agency (where appropriate) to be eligible
Form WH-347 is available for this purpose and may be
for probationary employment as an apprentice. The allowable
purchased from the Superintendent of Documents (Federal
ratio of apprentices to journeymen on the job site in any craft
Stock Number 029-005-00014-1), U.S. Government Printing
classification shall not be greater than the ratio permitted to the
Office, Washington, DC 20402. The prime contractor is
contractor as to the entire work force under the registered
responsible for the submission of copies of payrolls by all
program. Any worker listed on a payroll at an apprentice wage
subcontractors. (Approved by the Office of Management and
rate, who is not registered or otherwise employed as stated
Budget under OMB Control Number 1215-0149.)
above, shall be paid not less than the applicable wage rate on
(b) Each payroll submitted shall be accompanied by a
the wage determination for the classification of work actually
“Statement of Compliance,” signed by the contractor or
performed. In addition, any apprentice performing work on the
subcontractor or his or her agent who pays or supervises the
job site in excess of the ratio permitted under the registered
payment of the persons employed under the contract and shall
program shall be paid not less than the applicable wage rate on
certify the following:
the wage determination for the work actually performed. Where
form HUD-4010 (07/2003)
ref. Handbook 1344.1
Page 26
Previous edition is obsolete
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Legal