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06-26-23-R
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06-26-23-R
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HUD-4010 (06/2022) <br />Previous editions are obsolete. Page 3 of 5 ref. Handbook 1344.1 <br />Contractors and subcontractors shall maintain the full social security number and current address of each covered <br />worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if <br />the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the <br />case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S. <br />Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It <br />is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and <br />social security numbers to the prime contractor for its own records, without weekly submission to HUD or its <br />designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.) <br />(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or <br />subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract <br />and shall certify the following: <br />(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR <br />5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such <br />information is correct and complete; <br />(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract <br />during the payroll period has been paid the full weekly wages earned, without rebate, either directly or <br />indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, <br />other than permissible deductions as set forth in 29 CFR Part 3; <br />(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or <br />cash equivalents for the classification of work performed, as specified in the applicable wage determination <br />incorporated into the contract; and <br />(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 <br />shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph <br />(a)(3)(ii)(b). <br />(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal <br />prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. <br />(iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection, <br />copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and <br />shall permit such representatives to interview employees during working hours on the job. If the contractor or <br />subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written <br />notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of <br />any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon <br />request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. <br />(4) Apprentices and Trainees. <br />(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed <br />when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with <br />the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer <br />and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or <br />her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not <br />individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer <br />and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment <br />as an apprentice. <br />The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the <br />ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a <br />payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less <br />than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, <br />any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be <br />paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a <br />contractor is performing construction on a project in a locality other than that in which its program is registered, the <br />ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or <br />subcontractor’s registered program shall be observed. <br />Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of <br />progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. <br />Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.
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