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<br />88-1 oacn A
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<br />lion Uneludlng In'll addltlon.l cl...lflclllon Ind WIIJO '11el conlofmld under lubparllQrllph (111141 olthl, claula) Dnd th., Dowi.,Bacon pOlter (WH.1321)
<br />ahln tM potltd It ,II tlm.. bV the conlractor IInd II, lubcOn1rllCton nt the Ilta of Ihe work In D prominent Dnd oce.lllblo phll:o Whllflllt eln be alllly Hln
<br />by the work.,.,
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<br />121 (AI Tha Conlracllng Offjce, ,hili fequll1l ttun DOV clall of lobotar~ Of mochanlcl which I, not 1I,lad In the WDlJO dlllormlnltlon and
<br />wnlch II 10 be IImployfii under the contrDel ,hall be clllllUled In con'Olmanco with the wago dolormlnotlon. The Conlroellno OffiCI, ,111111 opprolll an
<br />.tdlllonal clllllfle'llon .nd w~ t.to ,nd ftlnaa baMIUI. Ih.tllfor only whon Iho following clllorlo hl\lo beGn mill:
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<br />(0 Tht' work to be porlormlld by tho clunUicatlon roqulllltlu tl not pl!rforrned by a claulflcatlon In Iho wagll dalermlnatlon;
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<br />UiI The claulficalion Is ulilized In Ihe areo bV tho conllruClion Indunty; ond
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<br />11111 The proposed wage rOlli, Including Dny bono lide fringe benefits, bean 0 rOlnonable Ulllltlonshlp to the wage raiDS contained
<br />in the MOll detDrminatlon.
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<br />IBI If nUl Lessor and tho Lnboren amf mechanics 10 be omployed in tho classification lit knownl, or their representatlvel. and the
<br />Contracting Officer ogree on the clouiticotlon and wase ratll !including Ihe amount designated for fringe benefits where approprlatel, a report of the
<br />Betlon tllken shall be sent by the Contracting Officer 10 tho Admlnillrator of the Welle end Hour Division, Employment Standards Adminll1ratlon. U.S.
<br />Department of Labor, Washington, D.C. 20210, The Admininrator or an authorized representative will approve, modify, or dlaappro1/8 ~rv additional
<br />claulflcatlon action within 30 days of receipt and so advise tho Contracting Oltic~~ or will notify the Contracting Officer within the 3D-day period that
<br />additional time II necessary.
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<br />(CI In the event the Louor, the laboren or mechanics to be employed in the clanlfication or their representathms, and the Contract.
<br />Ing Officer do not agrea on the proposed classification ond WOgll rate lincludlng the amount designated for fringe beneflU, whare appropriate), tho Con'
<br />tracting Officor shell refor the question~, including the views of all interested parlie~ and the recommendation of tha Contracting Officer, to the Admin-
<br />Istrltor for determination. The Administrator, or an authorized representative, will l~sue a determination within 30 days of receipt and so advise the
<br />Contracting Officer or will notify the Contracting Officer WIthin the 30.<fay period thllt additional time is necessary.
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<br />!O) The wage rate !Including ltlnge benefm where appropl1atel determined punuant to !oubparagraph~ (aIt211B) or (a)(2I(c) at this
<br />clause, shall be PBld 10 all worker~ perform 109 work 10 the clBSSllicatlon under thi~ conlract from the fu~t day on which work II performed in the c1auifi-
<br />cation,
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<br />(3) Whenever the minimum wage rate prescribed in the contract for a clas~ of laborers or mechanics includes a fringe benefit which is not
<br />elllpressed as an hourly rate, the Lessor shall either pay the benefit as stated in the wage delerminBtion or shall pay another bona fide hingu benefit or
<br />an hourly cash equivalent thereof.
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<br />f4) If the Lessor does not make payments to a trustee or other third person, the Lessnr may consider as part of the wages of any laborer
<br />Dr mechanic the amount of any costs reasonably anllcipaled 10 provldmg bona fide fringe benefits under a plan or program, Provided, that the Secretary
<br />of Labor has found, upon the written request of the Lessor that the applicable standards of the Davls.Bacon Act have been met. The Secretary of Labor
<br />may require the Lessor to set aside in a separate account auets for the meeting of obligations under the plan or program.
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<br />(bl Withholdrng. The Contracting Officer shall upon his or her own action Dr upon wrinen request of an authorized representative of the
<br />Department of Labor withhold or cause to be withheld from the Lessor under th's agreement or the lease or any other Federal contract with the Lellior.
<br />or ~ny other Federally-assIsted conrract subject 10 Davls.Bacon prevailing wage requuements, which is held by the Lessor, so much of the accured pay-
<br />ments or adllances as may be considered necessary to pay laborers and mechanics, includmg apprentices, tramees, and helpers. employed by the Lessor
<br />or any subcontractor the full amount of wages required by Ihe contract. In The event of failure to pay any laborer or mechanic, including any appnlntice,
<br />trainee, or helper, employed or worklOg In the construction. modilicaTion, alterallon, repair, palOung, decoration, or other improvement of the building
<br />or space covered by this agreement, or improvement at the site of such building or facility covered bv this agreement (other than maintenance work
<br />necessary 10 keep the building or space In such condition that 11 may be continuously used at an established capacity and efficiency tor its intended
<br />purpose), all or part 01 the wages requited by the contract, the Postal Service may. after wrnten notice to Ihe Lessor take such action as m~y be necessary
<br />10 caUl1! the suspemion of any further payment, advance or guarantee of funds until such VIOlatIOns have ceased.
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<br />(cl PlIyroIJI.nd blIlic records. (1) Payrolls and baSIC records relating thereto shall be maintained by the Lessor during the course of the work
<br />and prl!servtld for 8 period of three years thereafter lor all laborers and mechanics worklOg in the construction. modification, alteration, repair, painting.
<br />decoration, or other improvement of the building Dr space covered by this agreement, Dr improvement at the site of such building or fecility covered by
<br />this agreement (other than maintenance work necessary to keep the building or space in such condition that it may be continuously used at an enab-
<br />lished capacity and elficiency for iu intended purposel. Such records shall contain the name, address, and social security number of each such worker,
<br />his or hl!r correc1 classification, hourly rates of wages paid 110cluding rotes 01 contributions or costs anticipaled ler bona fide fringe benefits or cah
<br />I!qulvalents Thereof of the types described 10 section 1lblf211Bl of [he Dallis Bacon ACI), daily and weekly number of hours worked, deductions made and
<br />M:tual waves paid. Whenever the Secretary of Labor has found under 29 CFA 5.5lalllllivl that the wages of Bny laborer or mechanic include the amount
<br />of any cons reasonably anticipated in providing benefits under a plan or program described in section 1(b)121IBl at the Davis.Bacon Act, the Lessor shall
<br />maintain recorch which show that the commitment to provide such benefits is enforcl!able, that the plsn or program is financially responsible, and that
<br />the plan or program ho been communicated in writing to the laborers or mechanics effected, and records which show the costs Ilnticipated or the actual
<br />CDlt incurred in providing such beneHIS. Contractors employing apprentices or tralOees under approved programs shall maintain written evidence of the
<br />regiUr~tion of apprenticeship programs and certification of trainee orograms, ,he registfBtion of Ihe apprentices and trainees, and the ratios and wage
<br />rales prescribed In the applicable programs.
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<br />121 fA) The LelSor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting
<br />Officer. The payrolls submitted shall SOl out accurately and completely all of Ihe informalion required 10 be mllintained under {i5.5 lull31li1 01 Regulll'
<br />tlons, 29 CFR Plln 5. This informltion mllY be submitted in any form desired. Optional Form WH.347 15 aVIli/able for Ihis purpose and may be purchased
<br />from the Superintenden1 of Documents (Federal Stock Number 029.005-00014.11. U.S. Government Printing Office, Washinglon, D.C. 2Q.402. The
<br />Leuo, is responlible for the submiuion of copies of payroll5 by all subcontractors.
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<br />PI Fcwm 7449, Fcbrull)' 1987
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