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(ii) If the Subaward or Contract is or has been issued without a wage determination, the <br />Recipient shall notify the Contracting Officer immediately of the site of the work under <br />the Subaward or Contract in order for the appropriate wage determination to be <br />obtained by the Contracting Officer from the Secretary of Labor. <br />(b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under <br />section 1(b)(2) of the DBA on behalf of laborers or mechanics are considered wages paid <br />to such laborers and mechanics, subject to the provisions of paragraph B(4) below; also, <br />regular contributions made or costs incurred for more than a weekly period (but not less <br />often than quarterly) under plans, funds, or programs which cover the particular weekly <br />period, are deemed to be constructively made or incurred during such period. <br />(c) Such laborers and mechanics shall be paid not less than the appropriate wage rate and <br />fringe benefits in the wage determination for the classification of work actually performed, <br />without regard to skill, except as provided in the paragraph entitled Apprentices and <br />Trainees. Laborers or mechanics performing work in more than one classification may be <br />compensated at the rate specified for each classification for the time actually worked <br />therein; provided that the employer's payroll records accurately set forth the time spent in <br />each classification in which work is performed. <br />(d) The wage determination (including any additional classifications and wage rates <br />conformed under paragraph B(2) of this term) and the Davis -Bacon poster (WH -1321) <br />shall be posted at all times by the Subrecipient and Contractor at the site of the work in a <br />prominent and accessible place where it can be easily seen by the workers. <br />(2) <br />(a) The Contracting Officer shall require that any class of laborers or mechanics which is not <br />listed in the wage determination and which is to be employed under the Subaward or <br />Contract shall be classified in conformance with the wage determination. The Contracting <br />Officer shall approve an additional classification and wage rate and fringe benefits <br />therefore only when all the following criteria have been met: <br />(i) The work to be performed by the classification requested is not performed by a <br />classification in the wage determination. <br />(ii) The classification is utilized in the area by the construction industry. <br />(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable <br />relationship to the wage rates contained in the wage determination. <br />(b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to <br />be employed in the classification (if known), or their representatives agree on the <br />classification and wage rate (including the amount designated for fringe benefits, where <br />appropriate), the Subrecipient shall notify the Recipient. The Recipient shall notify the <br />Contracting Officer of this agreement. If the Contracting Officer agrees with the <br />classification and wage rate (including the amount designated for fringe benefits, where <br />appropriate), a report of the action taken shall be sent by the Contracting Officer to the <br />Administrator of the: <br />Wage and Hour Division <br />Employment Standards Administration <br />U.S. Department of Labor <br />Washington, DC 20210 <br />(c) The Administrator or an authorized representative will approve, modify, or disapprove <br />every additional classification action within 30 days of receipt and so advise the <br />Contracting Officer or will notify the Contracting Officer within the 30 -day period that <br />additional time is necessary. <br />(d) In the event the Subrecipient (and Contractor, when applicable), and the laborers or <br />mechanics to be employed in the classification, or their representatives, do not agree on <br />the proposed classification and wage rate (including the amount designated for fringe <br />benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient <br />shall notify the Contracting Officer of the disagreement. The Contracting Officer shall <br />refer the questions, including the views of all interested parties and the recommendation <br />Solicitation No. 2011WXSSP <br />Pape 47 of 53 <br />Attachment number 1 <br />F -4 Page 159 <br />