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Salem Area Mass Transit District/Marion County IFB 00-03 35 <br />TAB Services <br />anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the <br />Secretary of Labor has found, upon the written request of the Contractor, that the applicable <br />standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the <br />Contractor to set aside in a separate account assets for the meeting of obligations under the plan <br />or program. <br />(iv)(A) The contracting officer shall require that any class of laborers or mechanics which is not <br />listed in the wage determination and which is to be employed under the contract shall be <br />classified in conformance with the wage determination. The contracting officer shall approve an <br />additional classification and wage rate and fringe benefits therefor only when the following <br />criteria have been met: <br />2) The work to be performed by the classification requested is not performed by a classification <br />in the wage determination; and <br />(2) The classification is utilized in the area by the construction industry; and <br />(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable <br />relationship to the wage rates contained in the wage determination. <br />(B) If the Contractor and the laborers and mechanics to be employed in the classification (if <br />lrnown), or their representatives, and the contracting officer agree on the classification and wage <br />rate (including the amount designated for fringe benefits where appropriate), a report of the <br />action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour <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 />~ 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 Department 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 an~ mechanics, including apprentices, trainees, and <br />