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<br />Ij
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<br />
<br />II
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<br />
<br />(1) The work to be performed by the classification requested is not performed by a
<br />classification in the wage determination; and
<br />(2) The classification is utilized in the area by the construction industry; and
<br />(3) The proposed wage rate, including any bona fide fringe benefits, bears a
<br />reasonable relationship to the wage rates contained in the wage determination.
<br />(b) If the contractor and the laborers and mechanics to be employed in the
<br />classification (if known), or their representatives, and EPA or its designee agree on
<br />the classification and wage rate (including the amount designated for fringe benefits
<br />where appropriate), a report of the action taken shall be sent by EPA or its designee
<br />to the Administrator of the Wage and Hour Division, employment Standards
<br />Administration, U. S. Department of Labor, Washington, D. C. 20210. The
<br />Administrator, or an authorized representative, will approve, modify, or disapprove
<br />every additional classification action within 30 days of receipt and so advise EPA or
<br />its designee or will notify EPA or its designee within the 30-day period that additional
<br />time is necessary. (Approved by the Office of Management and Budget under OMB
<br />control number 1215-0140.)
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<br />( c) In the event that the Contractor, the laborers or mechanics to be employed in the
<br />Classification or their representatives, and EPA or its designee do not agree on the
<br />proposed-classification ana wage rate-(including tlie amount designed for fringe
<br />benefits, where appropriate), EPA or its designee shall refer the questions, including
<br />the views of all interested parties and the recommendation of EPA or its designee, to
<br />the Administrator for determination. The Administrator, or an authorized
<br />representative, will issue a determination within 30 days of receipt and so advise
<br />EPA or its designee or will notify EPA or its designee within the 30-day period that
<br />the additional time is necessary. (Approved by the Office of Management and
<br />Budget under OMB Control Number 1215-0140.)
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<br />..,
<br />.
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<br />.
<br />
<br />...,
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<br />(d) The wage rate (including fringe benefits where appropriate) determined pursuant
<br />to subparagraphs (1)(b) or ( c) of this paragraph, shall be paid to all workers
<br />performing work in the classification under this contract from the first day on which
<br />work is performed in the classification.
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<br />...,
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<br />....,
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<br />(iii) Whenever the minimum wage rate prescribed in the contract for a class of
<br />laborers or mechanics includes a fringe benefit which is not expressed as an hourly
<br />rate, the contractor shall either pay the benefit as stated in the wage determination
<br />or shall pay 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
<br />contractor may consider as part of the wages of any laborer or mechanic the amount
<br />of any costs reasonably anticipated in providing bona fide fringe benefits under a
<br />plan or program. Provided, that the Secretary of Labor has found, upon the written
<br />request of the contractor, that the applicable standards of the Davis-Bacon Act have
<br />been met. The Secretary of Labor may require the contractor to set aside in a
<br />separate account assets for the meeting of obligations under the plan or program.
<br />(Approved by the Office of Management and Budget under OMB Control Number
<br />1215-0140.)
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<br />..,
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<br />....
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<br />
<br />09/09
<br />
<br />00810-2
<br />
<br />03-4122.F
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