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