SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 7422; title 16 section 831c; title 25 section 500a; title 33 section 598; title 39 section 410; title 42 sections 1502, 1532, 1594a, 2222; title 49 App. section 1344; title 50 section 167f. § 258f. Exclusion of certain property by stipulation of Attorney General In any condemnation proceeding instituted by or on behalf of the United States, the Attorney General is authorized to stipulate or agree in behalf of the United States to exclude any property or any part thereof, or any interest therein, that may have been, or may be, taken by or on behalf of the United States by declaration of taking or otherwise. (Oct. 21, 1942, ch. 618, 56 Stat. 797.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 50 section 167f. §§ 259, 260. Repealed. Pub. L. 86-249, § 17(7), (12), Sept. 9, 1959, 73 Stat. 484, 485 Section 259, R.S. § 3734; act June 25, 1910, ch. 383, § 33, 36 Stat. 699, prescribed a limitation on the cost of sites for public buildings. Section 260, act Mar. 2, 1889, ch. 411, § 1, 25 Stat. 941, prohibited payment of commissions for disbursements on account of sites for public buildings, and prescribed the manner of making payments for sites for public buildings under the control of the Treasury Department. See section 601 et seq. of this title. SAVINGS PROVISIONS Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a Savings Provisions note under section 341 of this title. § 261. Contracts authorized within limit of cost fixed, though appropriations are in part only On and after May 30, 1908, in all cases where appropriations are made in part only for carrying into effect the provisions of legislation authorizing the acquisition of land for sites or for the enlargement of sites for public buildings, or for the erection or remodeling, extension, alteration, and repairs of public buildings, the Administrator of General Services unless otherwise specifically directed, may enter into contracts within the full limit of cost fixed by Congress therefor. (May 30, 1908, ch. 228, § 34, 35 Stat. 545; 1939 Reorg. Plan No. I, § 303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380.) TRANSFER OF FUNCTIONS All functions of the Federal Works Agency and of all agencies thereof, including the Public Buildings Administration together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Both the Federal Works Agency (including the Public Buildings Administration) and the office of Federal Works Administrator were abolished by section 103(b) of act June 30, 1949. All functions of the Secretary of the Treasury relating to the Administration of the Public Buildings Branch of the former Procurement Division of the Treasury Department and to the selection of location and sites for public buildings and were transferred to the Federal Works Administrator by Reorg. Plan No. 1 of 1939, § 303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427, set out in the Appendix to Title 5, Government Organization and Employees. Effective Date of Transfer OF FUNCTIONS Transfer of functions by act June 30, 1949, ch. 288, 63 Stat. 380, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. CROSS REFERENCES Appropriations, expenditures or contract obligations in excess of funds prohibited, see section 1341 of Title 31, Money and Finance. Contracts for erection, repair, or furnishing of public buildings or for public improvements forbidden to exceed amount appropriated for that purpose, see section 12 of Title 41, Public Contracts. No appropriation act to be construed as authorizing execution of contract for amount in excess of appropriations unless appropriation act in specific terms declares that contract may be made, see section 1301 of Title 31, Money and Finance. Officer or employee contracting beyond specific appropriation, see section 435 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 79g, 460bb-2. §§ 262 to 265. Repealed. Pub. L. 86–249, § 17(8) to (11), Sept. 9, 1959, 73 Stat. 484, 485 Section 262, acts Mar. 4, 1909, ch. 299, § 1, 35 Stat. 959; May 29, 1928, ch. 901, § 1(18), 45 Stat. 987, permitted the rental of buildings on lands acquired for sites. Section 263, act Aug. 7, 1882, ch. 433, § 1, 22 Stat. 305, provided that acts passed authorizing the purchase of sites and erection of public buildings thereon shall not be held or construed to appropriate money unless the acts in express language make such appropriations. Section 264, act Mar. 4, 1913, ch. 147, § 5, 37 Stat. 879, placed restrictions on authorizations for the construction of post offices. Section 265, acts June 25, 1910, ch. 383, § 35, 36 Stat. 699; June 15, 1938, ch. 382, 52 Stat. 683, related to the construction of buildings for executive departments or establishments. See section 601 et seq. of this title. SAVINGS PROVISIONS Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. § 265a. Omitted CODIFICATION Section, acts June 26, 1943, ch. 145, title I, § 1, 57 Stat. 178; June 27, 1944, ch. 286, title I, § 1, 58 Stat. 369; May 3, 1945, ch. 106, title I, § 1, 59 Stat. 115; Mar. 28, 1946, ch. 113, title I, § 101, 60 Stat. 68, which related to availability of funds for payment of salaries, etc., in connection with construction projects, was not repeated in subsequent appropriation acts and expired with the appropriation acts of which it was a part. § 266. Repealed. Oct. 31, 1951, ch. 654, § 1(90), 65 Stat. 705 Section, act Mar. 3, 1903, ch. 1007, § 1, 32 Stat. 1091, related to purchase of, and payment for, specially prepared paper for the duplication of plans, and payment for other incidental expenses and supplies, in connection with carrying into effect appropriations for public buildings. § 267. Repealed. Pub. L. 86-249, § 17(12), Sept. 9, 1959, 73 Stat. 485 Section, R.S. § 3734; act June 25, 1910, ch. 383, § 33, 36 Stat. 699, prohibited expenditures upon public buildings until after approval of sketch plans. See section 601 et seq. of this title. SAVINGS PROVISIONS Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. § 267a. Omitted CODIFICATION Section, act June 30, 1932, ch. 314, § 320, 47 Stat. 412, provided for a 10 per centum reduction of the limit of cost fixed by authorizations for construction of public buildings and public improvements granted by law prior to June 30, 1932. § 268. Repealed. Pub. L. 86–249, § 17(7), Sept. 9, 1959, 73 Stat. 484 Section, act Mar. 2, 1889, ch. 411, § 1, 25 Stat. 941, prohibited the approval of plans for public buildings until after the site therefor shall have been finally selected. See section 601 et seq. of this title. SAVINGS PROVISIONS Section repealed except as to its applications to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. § 269. Repealed. Oct. 31, 1951, ch. 654, § 1(91), 65 Stat. 705 Section, act June 6, 1902, ch. 1036, § 21, 32 Stat. 326, related to liquidated damages for delay in connection with contracts for construction or repair of public buildings or works, and to suits thereon. See section 2568 of Title 41, Public Contracts. § 269a. Omitted CODIFICATION Section, acts Sept. 9, 1940, ch. 717, title I, 54 Stat. 873; Oct. 8, 1940, ch. 756, title I, 54 Stat. 968; June 30, 1941, ch. 262, § 1, 55 Stat. 375, which limited, after Sept. 9, 1940, the contractor's fee for construction and installation of buildings, etc., at military posts, to 6 per centum of the estimated cost, exclusive of the fee, has not been repeated in subsequent years, except as a temporary measure and expired with the appropriation acts of which it was a part. § 270. Repealed. Aug. 24, 1935, ch. 642, § 5, 49 Stat. 794 Section, acts Aug. 13, 1894, ch. 280, 28 Stat. 278; Feb. 24, 1905, ch. 778, 33 Stat. 811; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167, related to bonds of contractors for buildings or works. See sections 270a to 270d of this title. The repealing section provided that section should remain in force with respect to contracts for which invitations for bids had been issued on or before sixty days after August 24, 1935, and to persons and bonds in respect of such contracts. § 270a. Bonds of contractors of public buildings or works (a) Type of bonds required Before any contract, exceeding $25,000 in amount, for the construction, alteration, or repair of any public building or public work of the United States is awarded to any person, such person shall furnish to the United States the following bonds, which shall become binding upon the award of the contract to such person, who is hereinafter designated as "contractor": (1) A performance bond with a surety or sureties satisfactory to the officer awarding such contract, and in such amount as he shall deem adequate, for the protection of the United States. (2) A payment bond with a surety or sureties satisfactory to such officer for the protection of all persons supplying labor and material in the prosecution of the work provided for in said contract for the use of each such person. Whenever the total amount payable by the terms of the contract shall be not more than $1,000,000 the said payment bond shall be in a sum of one-half the total amount payable by the terms of the contract. Whenever the total amount payable by the terms of the contract shall be more than $1,000,000 and not more than $5,000,000, the said payment bond shall be in a sum of 40 per centum of the total amount payable by the terms of the contract. Whenever the total amount payable by the terms of the contract shall be more than $5,000,000 the said payment bond shall be in the sum of $2,500,000. (b) Waiver of bonds for contracts performed in foreign countries The contracting officer in respect of any contract is authorized to waive the requirement of a performance bond and payment bond for so much of the work under such contract as is to be performed in a foreign country if he finds that it is impracticable for the contractor to furnish such bonds. (c) Authority to require additional bonds Nothing in this section shall be construed to limit the authority of any contracting officer to require a performance bond or other security in addition to those, or in cases other than the cases specified in subsection (a) of this section. (d) Coverage for taxes in performance bond Every performance bond required under this section shall specifically provide coverage for taxes imposed by the United States which are collected, deducted, or withheld from wages paid by the contractor in carrying out the contract with respect to which such bond is furnished. However, the United States shall give the surety or sureties on such bond written notice, with respect to any such unpaid taxes attributable to any period, within ninety days after the date when such contractor files a return for such period, except that no such notice shall be given more than one hundred and eighty days from the date when a return for the period was required to be filed under title 26. No suit on such bond for such taxes shall be commenced by the United States unless notice is given as provided in the preceding sentence, and no such suit shall be commenced after the expiration of one year after the day on which such notice is given. (Aug. 24, 1935, ch. 642, § 1, 49 Stat. 793; Nov. 2, 1966, Pub. L. 89-719, title I, § 105(b), 80 Stat. 1139; Nov. 2, 1978, Pub. L. 95-585, 92 Stat. 2484.) AMENDMENTS 1978-Subsec. (a). Pub. L. 95-585 substituted "$25,000" for "$2,000". 1966-Subsec. (d). Pub. L. 89-719 added subsec. (d). EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-719 applicable to contract entered into pursuant to invitations for bids issued after June 30, 1967, see section 114(c)(2) of Pub. L. 89-719, set out as a note under section 6323 of Title 26, Internal Revenue Code. EFFECTIVE DATE Section 5 of act Aug. 24, 1935, provided in part: "That this act [enacting sections 2708 to 270d of this title] shall take effect upon the expiration of sixty days after the date of its enactment [Aug. 24, 1935), but shall not apply to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract." SHORT TITLE Sections 270a to 270d of this title are popularly known as the "Miller Act”. WAIVER OF SECTIONS 2708 TO 270d oF THIS TITLE BY SECRETARY OF THE TREASURY Act July 11, 1941, ch. 290, § 3(b), 55 Stat. 585, which authorized the Secretary of the Treasury, in his discretion, to waive sections 270a to 270d of this title with respect to certain contracts entered into for the Coast Guard during the national emergency, was repealed by Joint Res. July 25, 1947, ch. 327, § 1, 61 Stat. 449. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 270b, 270d, 270e, 270f of this title; title 15 section 637; title 25 sections 450j, 1654; title 31 section 9303; title 39 section 410; title 42 sections 1416, 1594. § 270b. Rights of persons furnishing labor or material (a) Every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which a payment bond is furnished under sections 270a to 270d of this title and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material was furnished or supplied by him for which such claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute said action to final execution and judgment for the sum or sums justly due him: Provided, however, That any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the contractor furnishing said payment bond shall have a right of action upon the said payment bond upon giving written notice to said contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be served by mailing the same by registered mail, postage prepaid, in an envelop addressed to the contractor at any place he maintains an office or conducts his business, or his residence, or in any manner in which the United States marshal of the district in which the public improvement is situated is authorized by law to serve summons. (b) Every suit instituted under this section shall be brought in the name of the United States for the use of the person suing, in the United States District Court for any district in which the contract was to be performed and executed and not elsewhere, irrespective of the amount in controversy in such suit, but no such suit shall be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied by him. The United States shall not be liable for the payment of any costs or expenses of any such suit. (Aug. 24, 1935, ch. 642, § 2, 49 Stat. 794; Aug. 4, 1959, Pub. L. 86-135, § 1, 73 Stat. 279.) AMENDMENTS 1959-Subsec. (b). Pub. L. 86–135 substituted “day on which the last of the labor was performed or material was supplied by him” for “date of final settlement of such contract". EFFECTIVE DATE Section effective upon the expiration of sixty days after Aug. 24, 1935, but shall not apply to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract, see section 5 of act Aug. 24, 1935, set out as a note under section 270a of this title. RETROACTIVE EFFECT Section 3 of Pub. L. 86-135 provided that: "The rights of laborers and material men under contracts entered into before the effective date [Aug. 4, 1959] of this amendment [amending subsec. (b) of this section and section 270c of this title] shall not be affected." FEDERAL RULES OF CIVIL PROCEDURE Parties, see rule 17, Title 28, Appendix, Judiciary and Judicial Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 270d, 270e, 270f of this title; title 25 sections 450j, 1654; title 31 section 9303; title 39 section 410; title 42 section 1416. 8 270c. Right of person furnishing labor or material to copy of bond The Comptroller General is authorized and directed to furnish, to any person making application therefor who submits an affidavit that he has supplied labor or materials for such work and payment therefor has not been made or that he is being sued on any such bond, a certified copy of such bond and the contract for which it was given, which copy shall be prima facie evidence of the contents, execution, and delivery of the original. Applicants shall pay for such certified copies such fees as the Comptroller General fixes to cover the cost of preparation thereof. (Aug. 24, 1935, ch. 642, § 3, 49 Stat. 794; Aug. 4, 1959, Pub. L. 86-135, § 2, 73 Stat. 279.) AMENDMENTS 1959-Pub. L. 86-135 deleted ", and, in case final settlement of such contract, has been made, a certified statement of the date of such settlement, which shall be conclusive as to such date upon the parties" and “and certified statements" following “original” and "certified copies", respectively. EFFECTIVE DATE Section effective upon the expiration of sixty days after Aug. 24, 1935, but shall not apply to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract, sec section 5 of act Aug. 24, 1935, set out as a note under section 270a of this title. RETROACTIVE EFFECT Rights of laborers and material men under contracts entered into before Aug. 4, 1959, unaffected, see section 3 of Pub. L. 86-135, set out as a note under section 270b of this title. FEDERAL RULES OF CIVIL PROCEDURE Proof of official records, see rule 44, Title 28, Appendix, Judiciary and Judicial Procedure. Effect of rule 44 on this section, see note by Advisory Committee under that rule. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 270b, 270d, 270e, 270f of this title; title 25 sections 450j, 1654; title 31 section 9303; title 39 section 410; title 42 section 1416. § 270d. "Person" defined The term "person" and the masculine pronoun as used in sections 270a to 270d of this title shall include all persons whether individuals, associations, copartnerships, or corporations. (Aug. 24, 1935, ch. 642, § 4, 49 Stat. 794.) EFFECTIVE DATE Section effective upon the expiration of sixty days after Aug. 24, 1935, but shall not apply to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract, see section 5 of act Aug. 24, 1935, set out as a note unde section 270a of this title. CROSS REFERENCES Definition of "person" as used in any Act of Congress, see section 1 of Title 1, General Provisions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 270b, 270e, 270f of this title; title 25 sections 450j, 1654; title 31 section 9303; title 39 section 410; title 42 section 1416. § 270e. Waiver of sections 270a to 270d with respect to Army, Navy, Air Force, or Coast Guard contracts The Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Transportation may waive sections 270a to 270d of this title with respect to costplus-a-fixed fee and other cost-type contracts for the construction, alteration, or repair of any public building or public work of the United States and with respect to contracts for the manufacturing, producing, furnishing, construction, alteration, repair, processing, or assembling of vessels, aircraft, munitions, materiel, or supplies of any kind or nature for the Army, Navy, Air Force, or Coast Guard, respectively, regardless of the terms of such contracts as to payment or title. (Apr. 29, 1941, ch. 81, § 1, 55 Stat. 147; June 3, 1955, ch. 129, 69 Stat. 83; Oct. 15, 1966, Pub. L. 89-670, § 6(b)(1), 80 Stat. 938.) AMENDMENTS 1955-Act June 3, 1955, authorized the Secretary of the Treasury to waive requirement of performance and payment bonds in connection with certain Coast Guard contracts, included the Secretary of the Air Force for purposes of clarification, made specific reference to cost-type contracts, and eliminated proviso permitting bonds to be required for contracts which on Apr. 29, 1941, would have been subject to the provisions of sections 270a to 270d of this title. CHANGE OF NAME The Secretary of the Air Force was inserted under the authority of section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of such act July 26, 1947. Sections 205(a) and 207(a), (f) of act July 26, 1947 were repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956 enacted "Title 10, Armed Forces", which in sections 3010 to 3013 and 8010 to 8013 continued the Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively. TRANSFER OF FUNCTIONS The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89–670, 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 410. 8 270f. Waiver of sections 270a to 270d with respect to transportation contracts The Secretary of Transportation may waive sections 270a to 270d of this title, with respect to contracts for the construction, alteration, or repair, of vessels of any kind or nature, entered into pursuant to sections 1535 and 1536 of title 31, the Merchant Marine Act, 1936 [46 U.S.C. 1101 et seq.], or the Merchant Ship Sales Act of 1946 [50 App. U.S.C. 1735 et seq.], regardless of the terms of such contracts as to payment or title. (Apr. 29, 1941, ch. 81, § 2, as added Oct. 21, 1970, Pub. L. 91-469, § 39, 84 Stat. 1036, and amended Aug. 6, 1981, Pub. L. 97-31, § 12(12), 95 Stat. 154.) REFERENCES IN TEXT The Merchant Marine Act, 1936, referred to in text, is act June 29, 1936, ch. 858, 49 Stat. 1985, as amended, which is classified principally to chapter 27 (§ 1101 et seq.) of Title 46, Shipping. For complete classification of this Act to the Code, see section 1245 of Title 46 and Tables. The Merchant Ship Sales Act of 1946, referred to in text, is act Mar. 8, 1946, ch. 82, 60 Stat. 41, as amended, which is classified to sections 1735 to 1746 of Title 50, App., War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1735 of Title 50, App., and Tables. CODIFICATION "Sections 1535 and 1536 of title 31" was substituted in text for "the Act of June 30, 1932 (47 Stat. 382, 417-418), as amended [31 U.S.C. 686, 686b]" on authority of Pub. L. 97-258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1981-Pub. L. 97-31 substituted "Transportation" for "Commerce". 88 271, 272. Omitted CODIFICATION Section 271, acts Aug. 25, 1919, ch. 52, 41 Stat. 281; Mar. 1, 1929, ch. 423, 45 Stat. 1425, provided relief for certain contractors for losses due to increased costs arising from the entrance of the United States into war on Apr. 6, 1917. Section 272, act Mar. 6, 1920, ch. 94, § 1, 41 Stat. 507, related to losses due to World War I conditions. § 273. Repealed. Oct. 31, 1951, ch. 654, § 1(92), 65 Stat. 705 Section, act Mar. 3, 1887, ch. 362, 24 Stat. 512, related to contracts for heating apparatus for public buildings. See sections 252 and 253 of Title 41, Public Contracts. 88 274 to 276. Repealed. Pub. L. 86-249, § 17(13)-(15), Sept. 9, 1959, 73 Stat. 485 Section 274, act Mar. 2, 1895, ch. 189, § 1, 28 Stat. 914, authorized the payment for electric wiring of buildings. Section 275, act July 1, 1916, ch. 209, § 1, 39 Stat. 273, related to payment for gas and electric fixtures for the equipment of public buildings. Section 276, act June 6, 1900, ch. 791, § 1, 31 Stat. 591, authorized payment for engineering and electriclight plants in public buildings. SAVINGS PROVISIONS Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. 276a. Rate of wages for laborers and mechanics (a) The advertised specifications for every contract in excess of $2,000, to which the United States or the District of Columbia is a party, for construction, alteration, and/or repair, including painting and decorating, of public buildings or public works of the United States or the District of Columbia within the geographical limits of the States of the Union, or the District of Columbia, and which requires or involves the employment of mechanics and/ or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics which shall be based upon the wages that will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the city, town, village, or other civil subdivision of the State, in which the work is to be performed, or in the District of Columbia if the work is to be performed there; and every contract based upon these specifications shall contain 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”, “wage rates", "minimum wages", and "prevailing wages" shall include— (1) the basic hourly rate of pay; and (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 |