Common use of Compliance with ▇▇▇▇▇▇▇▇ Act requirements Clause in Contracts

Compliance with ▇▇▇▇▇▇▇▇ Act requirements. (Applicable to contracts in excess of $2,000 for construction within the United States.) The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. (Applicable to contracts in excess of $2,000 for construction within the United States) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, the worker’s correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section (b) 2(B) of the ▇▇▇▇▇-▇▇▇▇▇ Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under subparagraph "g" of the clause entitled "▇▇▇▇▇-▇▇▇▇▇ Act" that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l (b) 2(B) of the ▇▇▇▇▇-▇▇▇▇▇ Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprenticeships and trainees, and the ratios and wage rates prescribed in the applicable programs. The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting officer if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the contracting officer. The payrolls submitted shall set out accurately all of the information required to be maintained under subparagraph "a" of this clause. The information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents, Government Printing Office. The contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accomplished by a "Statement of Compliance," signed by the contractor or subcontractor or the contractor’s agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under subparagraph "a" of this clause and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph "c" of this clause. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The contractor or subcontractor shall make the records required under paragraph "a" of this clause available for inspection, copying, or transcription by the contracting officer or the Department of Labor or their authorized representatives. The contractor and subcontractor shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the contracting officer may, after written notice to the contractor, take such action as may be necessary to cause suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.