Back to the record Copy link Copy citation Print page
This page was read by OCR. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.
Previous indexed page · 82 Page 83 Next indexed page · 84 A)
(B)
(©)
(2) (i) The Contractor shall submit weekly for each week
in which any contract work is performed a copy of
all payrolls to the Contracting Officer for
transmission to HUD or its designee. The payrolls
submitted shall set out accurately and completely
all of the information required to be maintained
under subparagraph (¢}(1) of this clause. This
information may be submitted in any form desired.
Optional Form WH-347 (Federal Stock Number
'9-005-00014-1) is available for this purpose and
may be purchased from the Superintendent of
Documents, U.S. Government Printing Office,
Washington, D.C. 20402. The Contractor is
responsible for the submission of copies of
payrolls by all subcontractors. (Approved by the
Office of Management and Budget under OMB
Control Nurnber 1214-0149.)
(i) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the
Contractor or subcontractor or his or her 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 paragraph (c) (1) 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 fas 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 eamed, other
than permissible deductions as set forth in 29
CFR Part 3; and
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.
(ii) The weekly submission of a properly executed
certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the
requirements for submission of the “Statement of
Compliance” required by subparagraph (c)(2)(iI) of
this clause.
(iv) The falsification of any of the above certifications
may subject the Contracior or subcontractor to civil
or criminal prosecution under Section 1001 of Title
18 and Seciion 3729 of Title 31 of the United
States Code.
(3) The Contractor or subcontractor shall make the
records required under subparagraph (c){1) available
for inspection, copyi ra. or transcription by authorized
representatives of HUD or its designee, the
Contracting Officer, or the Department of Labor and
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, HUD or
its designee may, after written notice ta the
Contractor, take such action as may be necessary to
cause the 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.
(@) (1) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant te and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of
Labor, Employment and Training Administration,
Office of Apprenticeship and Training, Employer and
Labor Services (OATELS), or with a State
Apprenticeship Agency recognized by OATELS, or if a
person is employed in his or her first 90 days of
probationary employment as an apprentice in such an
apprenticeship program, who is not individually
registered in the program, but who has been certified
by OATELS or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio
permitted to the Contractor as to the entire work force
under the registered program. Any worker listed ona
payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated in this
paragraph, shall be paid not Jess than the applicable
wage rate on the wage determination for the
classification of work actually performed. In addition,
any apprentice performing work on the job site in
excess of the ratio pennitted under the registered
program shell be paid not less than the applicable
wage rate on the wage determination for the work
aciually performed. Where a contractor is performing
construction on a project in a locality other than that In
which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman’s
hourly rate) specified in the Contractor's or
subcontractor’s registered program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice’s
level of progress, expressed as a percentage of the
joumeyman hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe
benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program
does not specify fringe benefits, apprentices must be
paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If
the Administrator of the Wage and Hour Division
determines that a different practice prevails for the
applicable apprentice classification, fringes shall be
paid in accordance with that determination. In the
event OATELS, or a State Apprenticeship Agency
recognized by OATELS, withdraws approval of an
apprenticeship program, the Contractor will no longer
be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed
until an acceptable
program is approved.
(2) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they
are employed pursuant te and individually registered in
@ program which has received prior approval,
evidenced by formal certification by the U.S.
Depariment of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under
Previous editions are obsolete
Replaces fom HUD-5370-A
Page 17 of 18
form HUD-5376 (1/2014) Jump to an indexed page (88 of 88) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Report a privacy or text-extraction issue through publication requests .