Res 1994-026 - Laserfiche WebLink

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LABUK STANDARDS PROVISIONS 8ZE Applicable to Contracts in Excess of $2,000 S2.222-ií Davis-Bacon Act. (iv) With respect to helpers, such a classificaúon As prescribed in 22.4O7(a), insert the following clause: prevails in !.be area in which the work is perfortned. DAVIS-BACON ACf (NOV 1992) (2) If the Contractor and the laborers and mechanics (a) All laborers and mechanics employed or working to be employed'in !.be classification (if known), oc tbeir upon the site of the work will be paid uncooiliùooally and representatives.. and tlle Cootracting Officer agree 00 the not less often than once a week, and witllout subsequent classification and wage rate (including tlle amount des- deduction or rt:~te on any account (except such payroll ignated for fringe beœfits. where appropriate), a ret:ort deductions as arc pennitted by regulations Issued by me of the action taken shall be sent by the Contracting Secreuuy of Lnbor under the Copeland Act (29 CFR Part Officer to the Administrator of the Wage and Hour 3), the full amount of wages and bona fide fringe benetits Division, Employment Standards Administration, U.S. (or cash equivalents thereat) due at time of payment com. Deparunent of Labor, Washington, ~C 2021.0' T~le puted at rates not less tllan those contained in the wage " Administrator or an authorized represental1 ve will Jetenrunaûon of ille Secreuuy of Labor which is attached approve, modify, or disapprove every additional c~~;ifi- :-!creto and made a ~ hereof, regardless of any contracwal caûon actioo within 30 days of receipt and so advise the iclationship which may be alleged to exist between !he Contracting Officer or w\ll notify the Contracting ContrnCtOf and such laborers and mechanics. Cootribuùons Officer within the 30-day period mat additional time is made or costs n:asonably anùcipatt:ó for bona fide fringe necessary. ". benefits under section l(b)(2) of the Davis-Bacon Act on (3) In the event the Contractor. the laborers or beh,ùf of laborers or mCcl1."Ulics an: considcred wages paid mechanics to be employed in úle c1as.sification, or il1t~ir to such L1oorers pr mechanics, subject to me provisions of representatives, and the Controeùng Officer do .not ag~ee paragmph (d) of this clause; also, regular contributions on the proposed classification and wage rate (lI1cluúlI1g made or cos~ incun-ed for more Úl:l11 a weekly period (but me amount designal.t:d for fringc benefits, where appro- not less often than quarterly) unúcr plans, funds, or pro- prlate), the Contracting Officer shall rercr ÚIC questions, grams which cover me particular weekly period, are deemed including the views of all interested parties and tile rec- to be cl)nstrUctive1y 111.1Ùe or illculTed during such period. ommendation of the Contracting Officer, to the Such laborers :Uld mech."Ulics shall be paid not Ie5.\> Ullin the Administrator of the Wage and Hour Division for deter- approprülle w:lge rale ,uld fringe benefits in me wage deœr- minat.ioo. The Administrato~ or an autborized represen- minalion for ill\.: dassitil:aÛon of work actually pcrfonned, tative, wiJl issue a determination within 30 days of wilhout regarc.J to skill. except as provided in the clause coû- receipt and so advise me Contracting Officer or ,,;i11 tied Apprentices and Traini1es. Laborers or mechanics per- notify the Contracting Officer within úle 30-(by peruxl forming work in more il14111 one classification may œ com- tllat additional lime is necessary. pcnS:J.teù at ill(,: mte speci1ied for each classification for Úle (4) TIle wage rate (including fringe benefits, where time actually worked úlerein; provided. TIlat me employer's appropriatc) determined pursuant to subparagraphs payroll records accurately set forth the time spent in each (b)(2) and (b)(3) of tllis clause shall be paid to all work- cla.s.silicalÎon in which war!.: is perfonncd. The wage dcœr- ers performing work in me classificaûon. under mis COl.l- min.'Uion (including any additional classifications and wage traCt from the first day on which work IS perfonned In rates con fanned under paragraph (b) of this clause) and t.I1e the classificatioo. )avis-Bacon postcr (WH-1321) shilll be posted at all limes (c) Whenever the minimum wage rate prescribed in tile y me Contractor and its subcontractors at the site of me contraCt for a class of laborers or mechanics includes a IOrk in a prominent and accessible place where it can be fringe benefit which is not expressed as an hou~ly mœ, the easily seen by the workers. ContraCtor s.ha.ll eiúu:r pay tlle benefit as stated Ul ùle wage (b)(1) TIle Contracting Officer shall require that any determination or shilll pay another bona fide fringe benciÏt class of laborers or mechanics, including hdpers, which is or an hourly cash equivalent tllereof. not listed in the wage detennination and which is to be (d) If the Contractor does not make payments t.o a employed under me Cûlllract shall be classifIed in co~or- trustee oc other mird person, tlle Contractor may cons1der malIce with the wage dett:rmination. The Contracung as part of the wages of any laborer or mechanic ùle amount Officer sh.111 approve an additional cL1SSification ,md wage of any costs reasonably anticipated in providing bona fide 11IIe and fringe ~nCfiL'i úlercfor ouly whcn illl me follow- fringe benefits under a plan or pragmm; pro.vided. That the iug crileria have hccn mel: Secretary of Labor bas found, upon me wnltel~ request .of (i) Except with respect to helpers, as defined in the Contractor, that the applicable standards at ille Davls- section 22.401 of the F~ral Acquisition Regulation, ßacon Act have been met. The Secretary of Labor may the work to be performed by the classification re4uire LIle Contractor to set aside in a separate account requested is not performed by a classification in Úle assets for me meeting of ohligalions unúcr úle pl;m or pro- wage determination. gram. (ii) The classification is utilized in the area hy me (End of clause) construction industry. (iii) The proposed ~age rnte, including any bona fide fringe benefits, bears a reasonable relationship to the wage rateS contained in the wage determination. -. " . - .-