2702

LAWS OF MARYLAND

Ch. 775

rates made pursuant to this section to any representative of
any classification, any employer, or any representative of
any group of employers who in writing requests the
Commissioner so to do. The public body shall specify in the
call for bids OR PROPOSALS for the contract what is the
prevailing hourly rate of wages, including the prevailing
rate of wages for overtime work, in the locality for the
various classifications of workmen and apprentices needed to
execute the contract.

(b)  It shall be mandatory upon the contractor to whom
the contract is awarded, and upon any subcontractor under
him, to pay not less than the specified rates to all workmen
and apprentices employed by them in the execution of the
contract. The public body awarding the contract shall cause
to be inserted in the contract a stipulation to the effect
that not less than the prevailing hourly rate of wages shall
be paid to all workmen and apprentices performing work under
the contract. It shall also require in all the contractor's
bonds that the contractor include such provisions as will
guarantee the faithful performance of the prevailing hourly
wage clause as provided by contract. It shall be the duty
of such public body awarding the contract, and its agents
and officers, to take cognizance of all complaints of all
violations of the provisions of this law committed in the
course of the execution of the contract, and, when making
payments to the contractor becoming due under said contract,
to withhold, and retain therefrom,, all sums and amounts due
and owing as a result of any violation hereof.

(c)  The provisions of this subtitle shall not apply to
public works if the federal government or any of its
agencies furnishes by loan or grant all or any part of the
funds used in the construction of such public works,
provided the public works require a prevailing wage
determination by the United States Secretary of Labor. If
only a portion of a particular public work or public works
requires a prevailing wage determination by the United
States Secretary of Labor, the provisions of this subtitle
shall apply to the remainder of said public work or public
works. However, in the event that the provisions of the
federal Davis-Bacon Act are suspended as authorized by
Section 6 of said [act] ACT, then the Governor may suspend
the provisions of this subtitle during the period of such
suspension of the Davis-Bacon Act with respect to any public
work or public works upon which the United States Secretary
of Labor would have been required to make a prevailing wage
determination and, if so suspended by the Governor, the
provisions of this subtitle shall not be applicable to such
public work or public works, provided that if only a portion
of a particular public work or public works requires a
prevailing wage determination by the United States Secretary
of Labor, the Governor may suspend the provisions of this
subtitle with respect to that portion only or with respect
to the entire particular public work or public works in his
discretion.