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(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known),
<br />or their representatives, and the contracting officer agree on the classification and wage rate
<br />(including the amount designated for fringe benefits where appropriate), a report of the action taken
<br />shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,
<br />Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized
<br />representative, will approve, modify, or disapprove every additional classification action within 30
<br />days of receipt and so advise the contracting officer or will notify the contracting officer within the
<br />30-day period that additional time is necessary.
<br />(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their
<br />representatives, and the contracting officer do not agree on the proposed classification and wage rate
<br />(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
<br />refer the questions, including the views of all interested parties and the recommendation of the
<br />contracting officer, to the Administrator for determination. The Administrator, or an authorized
<br />representative, will issue a determination with 30 days of receipt and so advise the contracting officer
<br />or will notify the contracting officer within the 30-day period that additional time is necessary.
<br />(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
<br />(1)(iv) (B) or (C) of this section, shall be paid to all workers performing work in the classification
<br />under this contract from the first day on which work is performed in the classification.
<br />(2) Withholding - The Recipient shall upon its own action or upon written request of an authorized
<br />representative of the Department of Labor withhold or cause to be withheld from the Contractor
<br />under this contract or any other Federal contract with the same prime Contractor, or any other _._
<br />federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the .
<br />same prime contractor, so much of the accrued payments or advances as may be considered -
<br />necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by
<br />the Contractor or any subcontractor the full amount of wages required by the contract. In the event
<br />of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
<br />working on the site of the work (or under the United States Housing Act of 1937 or under the
<br />Housing Act of 1949 in the construction or development of the project), all or part of the wages
<br />required by the contract, the Recipient may, after written notice to the Contractor, sponsor, applicant,
<br />or owner, take such action as may be necessary to cause the suspension of any further payment,
<br />advance, or guarantee of funds until such violations have ceased.
<br />(3) Payrolls and basic records -(i) Payrolls and basic records relating thereto shall be maintained by
<br />the Contractor during the course of the work and preserved for a penod of three years thereafter for
<br />all laborers and mechanics working at the site of the work (or under the United States Housing Act of
<br />1937, or under the Housing Act of 1949, in the construction or development of the project). Such
<br />records shall contain the name, address, and social security number of each such worker, his or her
<br />correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated
<br />for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)
<br />of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual
<br />wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of
<br />any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
<br />under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall
<br />maintain records which show fhat the commitment to provide such benefits is enforceable, that the
<br />plan or program is financially responsible, and that the plan or program has been communicated in
<br />writing to the laborers or mechanics affected, and records which show the costs anticipated or the
<br />actual cost incurred in providing such benefits. Contractors employing apprentices or tramees under
<br />approved programs shall maintain written evidence of the registration of apprenticeship programs
<br />and certification of trainee programs, the registration of the apprentices and trainees, and the ratios
<br />and wage rates prescribed in the applicable programs.
<br />Addendum, FTA Contract Requirements
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