a stipulation that the contractor or his subcontractor shall pay all mechanics and laborers employed directly upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and such laborers and mechanics, and that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work; and the further stipulation that there may be withheld from the contractor so much of accrued payments as may be considered necessary by the contracting officer to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by such laborers and mechanics and not refunded to the contractor, subcontractors, or their agents.

(b) As used in sections 276a to 276a-5 of this title the term "wages", "scale of wages", and "wage rates", "minimum wages", and "prevailing wages" shall include

(1) the basic hourly rate of pay; and

(2) the amount of

(A) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program; and

(B) the rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforcible commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected,

for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other Federal, State, or local law to provide any of such benefits:

Provided, That the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the Secretary of Labor, insofar as sections 276a to 276a-5 of this title and other Acts incorporating sections 276a to 276a-5 of this title by reference are concerned may be discharged by the making of payments in cash, by the making of contributions of a type referred to in paragraph (2) (A), or by the assumption of an enforcible commitment to bear the costs of a plan or program of a type referred to in paragraph (2) (B), or any combination thereof, where the aggregate of any such payments, contributions, and costs is not less than the rate of pay described in paragraph (1) plus the amount referred to in paragraph (2).

In determining the overtime pay to which the laborer or mechanic is entitled under any Federal law, his regular or basic hourly rate of pay (or other alternative rate upon which premium rate of overtime

compensation is computed) shall be deemed to be the rate computed under paragraph (1), except that where the amount of payments, contributions, or costs incurred with respect to him exceeds the prevailing wage applicable to him under sections 276a to 276a-5 of this title, such regular or basic hourly rate of pay (or such other alternative rate) shall be arrived at by deducting from the amount of payments, contributions, or costs actually incurred with respect to him, the amount of contributions or costs of the types described in paragraph (2) actually incurred with respect to him, or the amount determined under paragraph (2) but not actually paid, whichever amount is the greater. (Mar. 3, 1931, ch. 411, § 1, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1011; June 15, 1940, ch. 373, § 1, 54 Stat. 399; July 12, 1960, Pub. L. 86-624, § 26, 74 Stat. 418; July 2, 1964, Pub. L. 88-349, § 1, 78 Stat. 238.)

§ 276a-1. Termination of work on failure to pay agreed wages; completion of work by Government.

Every contract within the scope of sections 276a to 276a-5 of this title shall contain the further provision that in the event it is found by the contracting officer that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid as aforesaid, the Government may, by written notice to the contractor, terminate his right to proceed with the work or such part of the work as to which there has been a failure to pay said required wages and to prosecute the work to completion by contract or otherwise, and the contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby. (Mar. 3, 1931, ch. 411, § 2, as added Aug. 30, 1935, ch. 825, 49 Stat. 1011.)

§ 276a-2. Payment of wages by Comptroller General from withheld payments; listing contractors violating contracts.

(a) The Comptroller General of the United States is authorized and directed to pay directly to laborers and mechanics from any accrued payments withheld under the terms of the contract any wages found to be due laborers and mechanics pursuant to sections 276a to 276a-5 of this title; and the Comptroller General of the United States is further authorized and is directed to distribute a list to all departments of the Government giving the names of persons or firms whom he has found to have disregarded their obligations to employees and subcontractors. No contract shall be awarded to the persons or firms appearing on this list or to any firm, corporation, partnership, or association in which such persons or firms have an interest until three years have elapsed from the date of publication of the list containing the names of such persons or firms.

(b) If the accrued payments withheld under the terms of the contract, as aforesaid are insufficient to reimburse all the laborers and mechanics, with respect to whom there has been a failure to pay the wages required pursuant to sections 276a to 276a-5 of this title, such laborers and mechanics shall have the right of action and/or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor or materials, and in such proceedings it shall be no defense that such laborers and mechanics accepted or agreed to

accept less than the required rate of wages or voluntarily made refunds. (Mar. 3, 1931, ch. 411, § 3, as added Aug. 30, 1935, ch. 825, 49 Stat. 1011.)

§ 276a-3. Effect on other Federal laws.

Sections 276a to 276a-5 of this title shall not be construed to supersede or impair any authority otherwise granted by Federal law to provide for the establishment of specific wage rates. (Mar. 3, 1931, ch. 411, § 4, as added Aug. 30, 1935, ch. 825, 49 Stat. 1011.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 276a, 276a-1, 276a-2, 276a-4, 276a-5, 276a-7, of this title and title 16, section 779e; title 33, section 466e; title 38, section 5035; title 41, sections 42, 258; title 42, section 1416.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 31-1053 of the District of Columbia Code. § 276a-4. Effective date of sections 276a to 276a-5.

Sections 276a to 276a-5 of this title shall take effect thirty days after August 30, 1935, but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are oustanding on August 30, 1935. (Mar. 3, 1931, ch. 411, § 5, as added Aug. 30, 1935, ch. 825, 49 Stat. 1011.)

PROVISION OF LAW WHICH AFFECTS BUT DOES NOT AMEND THE DAVIS-BACON ACT

The fact that any contract authorized by any act is entered into without regard to section 5 of title 41, or upon a cost-plus-a-fixed-fee basis or otherwise without advertising for proposals, shall not be construed to render inapplicable the provisions of sections 276a to 276a-5 of this title, if such act would otherwise be applicable to such contract. STATUTES RELATED TO DAVIS-BACON ACT REQUIRING PAYMENT OF WAGES AT RATES PREDETERMINED BY THE SECRETARY OF LABOR

1. The Davis-Bacon Act (secs. 1-7, 46 Stat. 1494, as amended; Public Law 74403, 40 U.S.C. 276a-276a-7).

2. The Federal-Aid Highway Act of 1956 (sec. 108(b), 70 Stat. 378, recodified at 72 Stat. 895; 23 U.S.C. 113 (a), as amended), see particularly the amendments in the Federal-Aid Highway Act of 1968 (Public Law 90-495, 62 Stat. 815).

3. National Housing Act (sec. 212 added to c. 847, 48 Stat. 1246 by sec. 14, 53 Stat, 807; 12 U.S.C. 1715c) and repeatedly amended.

4. Federal Airport Act (sec. 15, 60 Stat. 178; 49 U.S.C. 1114(b)).

5. Housing Act of 1949 (sec. 109, 63 Stat. 419, as amended; 42 U.S.C. 1459). 6. School Survey and Construction Act of 1950 (sec. 101, 72 Stat. 551, 20 U.S.C. 636(b) (1) (E), Public Law 85-620).

7. Defense Housing and Community Facilities and Services Act of 1951 (sec. 310, 65 Stat. 307, 42 U.S.C. 1592i).

8. U.S. Housing Act of 1937 (sec. 16, 50 Stat. 896, as amended; 42 U.S.C. 1416). 9. Federal Civil Defense Act of 1950 (sec. 3(c), 72 Stat. 533, 50 U.S.C. App. 2281, Public Law 85-606).

10. Health Professions Educational Assistance Act of 1963 (sec. 2(a), 77 Stat. 164; 42 U.S.C. 292d (c) (4) and 42 U.S.C. 293a (c) (5), Public Law 88-129).

1 Based on Public Law 77-82, Mar. 23, 1941, 55 Stat. 53 and Public Law 77-241, Aug. 21, 1941, 55 Stat. 658.

11. Mental Retardation Facilities Construction Act (secs. 101, 122, 135; 77 Stat. 282, 284, 288; 42 U.S.C. 295a (a) (2) (D), 2662(5), 2675(a)(5), Public Law 88164).

12. Community Mental Health Centers Act (sec. 205, 77 Stat. 292; 42 U.S.C. 2685(a) (5), Public Law 88-164).

13. Higher Educational Facilities Act of 1963 (sec. 403, 77 Stat. 379; 20 U.S.C. 753, Public Law 88-204).

14. Vocational Educational Act of 1963 (sec. 7, 77 Stat. 408; 20 U.S.C. 35f, Public Law 88-210).

15. Library Services and Construction Act (sec. 7(a), 78 Stat. 13; 20 U.S.C. 355c (a) (4), Public Law 88-269).

16. Urban Mass Transportation Act of 1964 (sec. 10, 78 Stat. 307; 49 U.S.C. 1609, Public Law 88-365).

17. Economic Opportunity Act of 1964 (sec. 607, 78 Stat. 532; 42 U.S.C. 2947, Public Law 88-452).

18. Hospital Survey and Construction Act, as amended by the Hospital and Medical Facilities Amendments of 1964 (sec. 605(a) (5), 78 Stat. 453; 42 U.S.C. 291e (a) (5), Public Law 88-443).

19. Housing Act of 1964 (adds sec. 516 (f) to Housing Act of 1949 by sec. 503, 78 Stat. 797; 42 U.S.C. 1486 (f), Public Law 88-560).

20. Commercial Fisheries Research and Development Act of 1964 (sec. 7, 78 Stat. 199; 16 U.S.C. 779e (b), Public Law 88-309).

21. Nurse Training Act of 1964 (sec. 2, 78 Stat. 909; 42 U.S.C. 296a (b(5), Public Law 88-581).

22. Appalachian Regional Development Act of 1965 (sec. 402, 79 Stat. 21; 40 U.S.C. App. 402, Public Law 90-103).

23. Act to provide Financial Assistance for Local Educational Agencies in areas affected by Federal activities (64 Stat. 1100, as amended by sec. 2, 79 Stat. 33; 20 U.S.C. 2411, Public Law 89-10).

24. Elementary and Secondary Education Act of 1965 (sec. 308, 79 Stat. 44; 20 U.S.C. 848, Public Law 89-10).

25. Cooperative Research Act of 1966 (sec. 4(c), added by sec. 403, Public Law 89-750, 79 Stat. 46; 20 U.S.C. 332a (c)).

26. Housing Act of 1961 (sec. 707, added by sec. 907, 79 Stat. 496; 42 U.S.C. 1500c-3, Public Law 89-117).

27. Housing and Urban Development Act of 1965 (sec. 707, 79 Stat. 492; 42 U.S.C. 3107, Public Law 89-117).

28. Public Works and Economic Development Act of 1965 (sec. 712, 79 Stat. 575; 42 U.S.C. 3222, Public Law 89-136).

29. National Foundation on the Acts and Humanities Act of 1965 (sec. 5(k), 79 Stat. 846; 20 U.S.C. 954 (k), Public Law 89-209).

30. Federal Water Pollution Control Act as amended by sec. 4(g) of the Water Quality Act of 1965, (79 Stat. 910; 33 U.S.C. 466e (g), Public Law 89-234).

31. Heart Disease, Cancer and Stroke Amendments of 1965 (sec. 904, as added by sec. 2, 79 Stat. 928; 42 U.S.C. 299d (b) (4), Public Law 89-239).

32. National Capital Transportation Act of 1965 (sec. 3 (b) (4), 79 Stat. 644; 40 U.S.C. 682 (b) (4), Public Law 89-173) Note: Repealed December 9, 1969 and labor standards incorporated in sec. 1–1431 of the District of Columbia Code.

33. Vocational Rehabilitation Act (sec. 12(b), added by sec. 3, 79 Stat. 1284; 29 U.S.C. 41a (b) (4), Public Law 89-333).

34. Medical Library Assistance Act of 1965 (sec. 2, adding sec. 393 of the Public Health Service Act, 79 Stat. 1060; 42 U.S.C. 280b-3 (b) (3), Public Law 89-291). 35. Solid Waste Disposal Act (sec. 207, 79 Stat. 1000; 42 U.S.C. 3256, Public Law 89-272).

36. National Technical Institute for the Deaf Act (sec. 5(b) (5), 70 Stat. 126; 20 U.S.C. 684 (b) (5), Public Law 89-36).

37. Demonstration Cities and Metropolitan Development Act of 1966 (secs. 110, 311, 503, 1003, 80 Stat. 1259, 1270, 1277, 1284; 42 U.S.C. 3310; 12 U.S.C. 1715c; 42 U.S.C. 1416, Public Law 89-745).

38. Model Secondary School for the Deaf Act (sec. 4, 80 Stat. 1028, Public Law 89-695).

39. Delaware River Basin Compact (sec. 15.1, 75 Stat. 714, Public Law 87-328) (considered a statute for purposes of the plan.)

40. Alaska Purchase Centennial (sec. 2(b), 80 Stat. 8, Public Law 89-375). 41. Highway Speed Ground Transportation Study (sec. 6(b), 79 Stat. 895, 49 U.S.C. 1636 (b), Public Law 89-220).

42. Allied Health Professions Personnel Training Act of 1966 (80 Stat. 1222; 42 U.S.C. 295h (b) (2) (E), Public Law 89-751).

43. Air Quality Act of 1967 (sec. 307 added by sec. 2, 81 Stat. 506; 42 U.S.C. 1857j-3), Public Law 90-148).

44. Elementary and Secondary Education Amendments of 1967 (81 Stat. 819; 20 U.S.C. 880b-6, Public Law 90–247).

45. Vocational Rehabilitation Amendments of 1967 (81 Stat. 252, 29 U.S.C. 42a (c) (3), Public Law 90-391).

46. National Visitors Center Facilities Act of 1968 (sec. 110, 82 Stat. 45; 40 U.S.C. 808, Public Law 90–264).

47. Juvenile Delinquency Prevention and Control Act of 1968 (sec. 133, 82 Stat. 469; 42 U.S.C. 3843, Public Law 90-445).

48. New Communities Act of 1968 (sec. 410 of Public Law 90-448, 82 Stat. 516; 42 U.S.C. 3909).

49. Alcoholic and Narcotic Addict Rehabilitation Amendments of 1968 (sec. 243 (d) added by sec. 301, 82 Stat. 1008; 42 U.S.C. 2688h (d), Public Law 88-164). 50. Vocational Education Amendments of 1968 (sec. 106 added by sec. 101(b), 82 Stat. 1069, 20 U.S.C. 1246, Public Law 90-576).

51. Postal Reorganization Act (39 U.S.C. 410(b) (4) (c), Public Law 91-375). 52. Developmental Disabilities Services and Facilities Construction Amendments of 1970 (84 Stat. 1316, 42 U.S.C. 2675, sec. 135(a) (5), Public Law 91-517). 53. Rail Passenger Service Act of 1970 (84 Stat. 1327, 45 U.S.C. 565, sec. 405 (d), Public Law 91-518).

54. Housing and Urban Development Act of 1970 (84 Stat. 1770, sec. 707(a) and (b), Public Law 91-609, 42 U.S.C. 1500c-3).

55. Airport and Airway Development Act of 1970 (84 Stat. 219, sec. 22(b), Public Law 91-258, 41 U.S.C. 1722 (b)) (this Act provides for wage determination by the Secretary of Labor but does not subject the Act to Reorganization Plan No. 14).

56. Elementary and Secondary Education Amendments (84 Stat. 121, sec. 423, Public Law 91-230, 20 U.S.C. 1231 et seq.).

57. Housing Act of 1959 (73 Stat. 681, Public Law 86-372, 12 U.S.C. 1701q(c) (3), Public Law 86-372).

58. Housing Act of 1950 (64 Stat. 78, 12 U.S.C. 1749a (f).

59. Area Redevelopment Act of 1961 (75 Stat. 61, Public Law 87-27, 42 U.S.C. 2518).

60. Mental Retardation Facilities and Community Mental Health Centers Construction Act Amendments of 1965 (79 Stat. 429, Public Law 89-105, 20 U.S.C. 618 (g)).

61. Veterans Nursing Home Care Act of 1964 (78 Stat. 502, Public Law 88-450, 38 U.S.C. 5035 (a) (8)).

62. Education Amendments of 1972 (86 Stat. 331, Public Law 92-318).

63. Juvenile Delinquency Prevention and Control Act of 1968, amendment (86 Stat. 532, Public Law 92-381).

64. State and Local Fiscal Assistance Act of 1972, Public Law 92-512, October 20, 1972, 86 Stat. 919.