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AG 2011 06 20
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AG 2011 06 20
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6/21/2011 4:07:34 PM
Creation date
11/27/2017 11:15:30 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/20/2011
Board
Board of Commissioners
Meeting Type
Regular
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records upon request or to make such records available may be grounds for debarment action <br />pursuant to 29 CFR 5.12. <br />E. Withholding of Funds <br />(1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an <br />authorized representative of the Department of Labor, withhold or cause to be withheld from the <br />Recipient or any other contract or Federal Award with the same Recipient, on this or any other <br />federally assisted Award subject to Davis -Bacon prevailing wage requirements, which is held by <br />the same Recipient so much of the accrued payments or advances as may be considered <br />necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed <br />by the Subrecipient or a Contractor the full amount of wages required by the Award or Subaward <br />or a 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, all or part of the wages required <br />by the Award or Subaward or a Contract, the Contracting Officer may, after written notice to the <br />Recipient take such action as may be necessary to cause the suspension of any further payment, <br />advance, or guarantee of funds until such violations have ceased. <br />(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or <br />an authorized representative of the Department of Labor, withhold or cause to be withheld from <br />any Subrecipient or 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 Subrecipient or Contractor the full amount of wages required by the <br />Subaward or Contract. In the event of failure to pay any laborer or mechanic, including any <br />apprentice, trainee, or helper, employed or working on the site of the work, all or part of the <br />wages required by the Subaward or Contract, the Recipient may, after written notice to the <br />Subrecipient or Contractor, take such action as may be necessary to cause the suspension of <br />any further payment, advance, or guarantee of funds until such violations have ceased or the <br />Government may cause the suspension of any further payment under any other contract or <br />Federal award with the same Subrecipient or Contractor, on any other federally assisted Award <br />subject to Davis -Bacon prevailing wage requirements, which is held by the same Subrecipient or <br />Contractor. <br />F. Apprentices and Trainees <br />(1) Apprentices. <br />(a) An apprentice will be permitted to work at less than the predetermined rate for the work <br />they performed when they are employed — <br />(b) Pursuant to and individually registered in a bona fide apprenticeship program registered <br />with the U.S. Department of Labor, Employment and Training Administration, Office of <br />Apprenticeship and Training, Employer, and Labor Services ( OATELS) or with a State <br />Apprenticeship Agency recognized by the OATELS; or <br />(c) In the first 90 days of probationary employment as an apprentice in such an <br />apprenticeship program, even though not individually registered in the program, if <br />certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be <br />eligible for probationary employment as an apprentice. <br />(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not <br />be greater than the ratio permitted to the Subrecipient or Contractor as to the entire work force <br />under the registered program. <br />(3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise <br />employed as stated in paragraph F(1) of this Term, shall be paid not less than the applicable <br />wage determination for the classification of work actually performed. In addition, any apprentice <br />performing work on the job site in excess of the ratio permitted under the registered program shall <br />be paid not less than the applicable wage rate on the wage determination for the work actually <br />performed. <br />(4) Where a Subrecipient or Contractor is performing construction on a project in a locality other than <br />that in which its program is registered, the ratios and wage rates (expressed in percentages of the <br />journeyman's hourly rate) specified in the Subrecipient's or Contractor's registered program shall <br />be observed. Every apprentice must be paid at not less than the rate specified in the registered <br />program for the apprentice's level of progress, expressed as a percentage of the journeyman <br />hourly rate specified in the applicable wage determination. <br />Solicitation No. 2011WXSSP <br />Pape 50 of 53 <br />Attachment number 1 <br />F -4 Page 162 <br />
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