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request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of
<br />Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the
<br />plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140).
<br />2. Withholding. HUD or its designee shali upon its own action or upon wrftten request of an authorized
<br />representative of the Department of Labor withhold or cause to be withheld from the contractor under this contrad
<br />or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to
<br />Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued
<br />payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
<br />trainees and helpers, employed by the contractor or any subcontractor the full amourrt of wages required by the
<br />contract, in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed
<br />or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949
<br />in the construdion or development of the project), all or part of the wages required by the contract, HUD or its
<br />designee may, afrer written notice to the contractor, sponsor, applicant, or owner, take such action as may be
<br />necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have
<br />ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on
<br />accourrt of the contractor disburse such amounts withheld for and on account of the contractor or subcontractor to
<br />the respective employees to whom they are due. The Comptroller General shall make such disbursements in the
<br />case of direct Davis-Bacon Act contracts.
<br />3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintalned by the
<br />contractor during the course of the work preserved for a period of three years thereafter for all laborers and
<br />mechania working at the site of the woNc (or under the United States Housing Act of 1937, or under the Housing Act
<br />of 2949, in the construction or development of the project). Such records shall contain the name, address, and
<br />social securiry number of each such worker, his or her correct classification, hourly rates of wages paid (including
<br />rates or contributions or costs anticipated for bona fide fringe benefits or cash equivalents there of the types
<br />described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made
<br />and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR (a)(1)(iv) that the wages of any
<br />laborer or mechanic include the amount of any costs reasonably antlcipated in providing benefits under a plan or
<br />program described in Section 1(b)(2)(0) of the Davis-Bacon Act, the contractor shall maintain records which 5how
<br />that the commitment to provide such benefts is enforceable, that the plan or program is financially responsible, and
<br />that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which
<br />show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices
<br />or trainees under 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 and wage rates
<br />prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control
<br />Numbers 1215-0140 and 1215-0017).
<br />(ii)(a) The contractor shall submit weekry for each week in which any contrad work is performed a copy of
<br />all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the
<br />contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD
<br />or its designee. The payrolls submitted shall set out accurately and completely alf of the information required to be
<br />maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form
<br />WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stak
<br />Number 029-005-0014-1), U. S. Govemment Printing Office, Washington, D.C. 20402. The prime contractor is
<br />responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management
<br />and Budget under OMB Control Number 1215-0149).
<br />(b) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the
<br />contractor or subcontractor or his or her agent who pays or supervises the paymeM of the persons employed under
<br />the contract and shall certify the following:
<br />(1) That the payrall for the payroll period contains the information required to be maintained under 29
<br />CFR Part 5.5(a)(3)(i) and that such information is correct and complete;
<br />(2) That each laborer or mechanlc (including each helper, apprentice, and trainee) employed on the
<br />contract during the payroll period has been paid the full weekly wages earned, without rebate, elther directly or
<br />indirectly, and that no deducdons have been made either directly or indirectly from the full wages earned, other than
<br />permissible deductions as set forth in 29 CFR Part 3;
<br />(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
<br />benefits or cash equivalents for the classification of work pertormed, as specifled in the applicable wage
<br />determination incorporated into the contract.
<br />(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional
<br />Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph
<br />A.3.(ii)(b) of this section.
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