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2024-09-01
CITY-OF-BATESVILLE
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2024-09-01
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applicable wage determination less than 10 days prior to the closing date,the sub recipients <br /> may request a finding from the State recipient that there is not a reasonable time to notify <br /> interested contractors of the modification of the wage determination.The State recipient will <br /> provide a report of its findings to the sub recipient. <br /> (ii) If the sub recipient does not award the contract within 90 days of the closure of the solicitation, <br /> any modifications or supersedes DOL makes to the wage determination contained in the <br /> solicitation shall be effective unless the State recipient, at the request of the sub recipient, <br /> obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv).The sub <br /> recipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within <br /> 90 days of closure of the solicitation to ensure that wage determinations contained in the <br /> solicitation remain current. <br /> (b)If the sub recipient carries out activity subject to DB by issuing a task order,work assignment or similar <br /> instrument to an existing contractor(ordering instrument)rather than by publishing a solicitation,the sub <br /> recipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering <br /> instrument. <br /> (c)Sub recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that <br /> the prime contractor has required its subcontractors to include the applicable wage determinations. <br /> (d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a sub <br /> recipient's contract after the award of a contract or the issuance of an ordering instrument if DOL determines <br /> that the sub recipient has failed to incorporate a wage determination or has used a wage determination that <br /> clearly does not apply to the contract or ordering instrument. If this occurs,the sub recipient shall either <br /> terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or <br /> incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument <br /> by change order.The sub recipient's contractor must be compensated for any increases in wages resulting <br /> from the use of DOL's revised wage determination. <br /> 3.Contract and Subcontract provisions. <br /> (a)The Recipient shall insure that the sub recipient(s)shall insert in full in any contract in excess of$2,000 <br /> which is entered into for the actual construction,alteration and/or repair,including painting and decorating, <br /> of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in <br /> part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds <br /> obtained by pledge of any contract of a Federal agency to make a loan,grant or annual contribution(except <br /> where a different meaning is expressly indicated),and which is subject to the labor standards provisions of <br /> any of the acts listed in§5.1 or the Consolidated Appropriations Act,2016,the following clauses: <br /> (1)Minimum wages. <br /> (i)All laborers and mechanics employed or working upon the site of the work will be paid unconditionally <br /> and not less often than once a week,and without subsequent deduction or rebate on any account(except <br /> such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the <br /> Copeland Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents <br /> thereof)due at time of payment computed at rates not less than those contained in the wage determination <br /> of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual <br /> relationship which may be alleged to exist between the contractor and such laborers and mechanics. <br /> Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of <br /> the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or <br /> mechanics,subject to the provisions of paragraph(a)(1)(iv)of this section;also,regular contributions made <br /> or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or <br /> programs which cover the particular weekly period, are deemed to be constructively made or incurred <br /> D-13 <br />
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