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(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification <br />prevails in the area in which the work is performed. <br />(b) If the contractor and the laborers and mechanics to be employed in the classification (if <br />known), or their representatives, and the Contracting Officer agree on the classification <br />and wage rate (including the amount designated for fringe benefits where appropriate), <br />a report of the action taken shall be sent by the Contracting Officer to the Administrator <br />of the Wage and Hour Division, Employment Standards Administration, U.S. <br />Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized <br />representative, will approve, modify, or disapprove every additional classification action <br />within 30 days of receipt and so advise the Contracting Officer or will notify the <br />Contracting officer within the 30 -day period that additional time is necessary. <br />(c) In the event the Contractor, the laborers or mechanics to be employed in the <br />classification or their representatives, and the Contracting Officer do not agree on the <br />proposed classification and wage rate (including the amount designated for fringe <br />benefits, where appropriate), the Contracting Officer shall refer the questions, including <br />the views of all interested parties and the recommendation of the Contracting Officer, to <br />the Administrator for determination. The Administrator, or an authorized representative, <br />will issue a determination within 30 days of receipt and so advise the Contracting <br />Officer or will notify the Contracting Officer within the 30 -day period that additional time <br />is necessary. <br />(d) The wage rate (including fringe benefits where appropriate) determined pursuant to <br />subparagraphs (ii)(b) or (c) of this paragraph, shall be paid to all workers performing <br />work in the classification under this contract from the first day on which work is <br />performed in the classification. <br />(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or <br />mechanics includes a fringe benefit which is not expressed as an hourly rate, the <br />Contractor shall either pay the benefit as stated in the wage determination or shall pay <br />another bona fide fringe benefit or an hourly cash equivalent thereof. <br />(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor <br />may consider as part of the wages of any laborer or mechanic the amount of any costs <br />reasonably anticipated in providing bona fide fringe benefits under a plan or program, <br />Provided, That the Secretary of Labor has found, upon the written request of the <br />Contractor, that the applicable standards of the Davis -Bacon Act have been met. The <br />Secretary of Labor may require the Contractor to set aside in a separate account assets for <br />the meeting of obligations under the plan or program. <br />A.2. Withholding. <br />HUD or the COUNTY shall upon its own action or upon written request of an authorized <br />representative of the Department of Labor withhold or cause to be withheld from the Contractor <br />under this contract or any other Federal contract with the same prime contractor, or any other <br />Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held <br />by the same prime Contractor, so much of the accrued payments or advances as may be <br />considered necessary to pay laborers and mechanics, including apprentices, trainees and <br />helpers, employed by the Contractor or any subcontractor the full amount of wages required by <br />the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, <br />trainee or helper, employed or working on the site of the work (or under the United States <br />Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the <br />project), all or part of the wages required by the contract, HUD may, after written notice to the <br />contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the <br />suspension of any further payment, advance, or guarantee of funds until such violations have <br />ceased. <br />A.3. Payrolls and basic records. <br />29 <br />