(a) The advertised specifications for every contract to which the government of Guam is a party, for construction, alteration, or repair, including painting and decorating, of public buildings or public works of the government of Guam and which required or involves the employment of mechanics or laborers, or both, 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 Director of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract on Guam; and every contract based on 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 rate of wages required by the contract to be

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paid laborers and mechanics on the work and the rate of wages received by such laborers and mechanics and not refunded to the contractor, subcontractor, or their agents.

(b) As used in this Chapter, the term wages, scale of wages, 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 enforceable 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 Federal of Guam law to provide any such benefits:

Provided, that the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the Director of Labor, insofar as this Chapter, and other acts incorporating this Chapter 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 enforceable 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).

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In determining the overtime pay to which the laborer or mechanic is entitled under any federal or territorial 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 this Chapter, 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 type described in paragraph (2) actually incurred with respect to him, or the amount determined under paragraph (2) but not actually paid, whichever amount is greater.

SOURCE: GC § 10300 added by P.L. 10-143.