A.) The calculation of the rate paid in the locality
shall include the basic hourly rate of pay and either:
(1) if a contractor is not required by law to provide fringe
benefits, the hourly rate of contribution irrevocably made by
a contractor or subcontractor to a third person under a fund,
plan, or program that provides:
I. medical, surgical or hospital care;
II. retirement, disability or death benefits, including a profit
sharing plan that provides benefits on retirement;
III. unemployment, life, or accident insurance or compensation;
IV. insurance or compensation for injury or illness resulting
from occupational activity;
V. vacation and holiday pay;
VI. subsidies to defray costs of apprenticeship or other similar
programs; or
VII. other bona fide fringe benefits; or
(2) the hourly rate of costs to the contractor or subcontractor
that reasonably may be anticipated in providing the fringe benefits
specified in item (1) of this subsection under an enforceable
commitment to carry out a financially responsible plan or program
that is communicated in writing to the workers.
