29cfr5.7

[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR5.7]

[Page 118-119]

TITLE 29--LABOR

Subpart A--Davis-Bacon and Related Acts Provisions and Procedures

Sec. 5.7 Reports to the Secretary of Labor.

(a) Enforcement reports. (1) Where underpayments by a contractor or
subcontractor total less than $1,000, and where there is no reason to
believe that the violations are aggravated or willful (or, in the case
of the Davis-Bacon Act that the contractor has disregarded its
obligations to employees and subcontractors), and where restitution has
been effected and future compliance assured, the Federal agency need not
submit its investigative findings and recommendations to the
Administrator, unless the investigation was made at the request of the
Department of Labor. In the latter case, the Federal agency shall submit
a factual summary report detailing any violations including any data on
the amount of restitution paid, the number of workers who received
restitution, liquidated damages assessed under the Contract Work Hours
and Safety Standards Act, corrective measures taken (such as ``letters
of notice''), and any information that may be necessary to review any
recommendations for an appropriate adjustment in liquidated damages
under Sec. 5.8.
(2) Where underpayments by a contractor or subcontractor total
$1,000 or more, or where there is reason to believe that the violations
are aggravated or willful (or, in the case of the Davis-Bacon Act, that
the contractor has disregarded its obligations to employees and
subcontractors), the Federal agency shall furnish within 60 days after
completion of its investigation, a detailed enforcement report to the
Administrator.
(b) Semi-annual enforcement reports. To assist the Secretary in
fulfilling the responsibilities under Reorganization Plan No. 14 of
1950, Federal agencies shall furnish to the Administrator by April 30
and October 31 of each calendar year semi-annual reports on compliance
with and enforcement of the labor standards provisions of the Davis-
Bacon Act and its related acts

[[Page 119]]

covering the periods of October 1 through March 31 and April 1 through
September 30, respectively. Such reports shall be prepared in the manner
prescribed in memoranda issued to Federal agencies by the Administrator.
This report has been cleared in accordance with FPMR 101-11.11 and
assigned interagency report control number 1482-DOL-SA.
(c) Additional information. Upon request, the Agency Head shall
transmit to the Administrator such information available to the Agency
with respect to contractors and subcontractors, their contracts, and the
nature of the contract work as the Administrator may find necessary for
the performance of his or her duties with respect to the labor standards
provisions referred to in this part.
(d) Contract termination. Where a contract is terminated by reason
of violations of the labor standards provisions of the statutes listed
in Sec. 5.1, a report shall be submitted promptly to the Administrator
and to the Comptroller General (if the contract is subject to the Davis-
Bacon Act), giving the name and address of the contractor or
subcontractor whose right to proceed has been terminated, and the name
and address of the contractor or subcontractor, if any, who is to
complete the work, the amount and number of the contract, and the
description of the work to be performed.