Laserfiche WebLink
(3) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates <br />contained in the wage determination. <br />(B) The Administrator will establish wage rates for such classifications in accordance with <br />paragraph (a)(1)(iii)(A)(3) of this section. Work performed in such a classification must be paid at <br />no less than the wage and fringe benefit rate listed on the wage determination for such <br />classification. <br />(iii) Conformance. <br />(A) The contracting officer must require that any class of laborers or mechanics, including helpers, <br />which is not listed in the wage determination and which is to be employed under the contract be <br />classified in conformance with the wage determination. Conformance of an additional <br />classification and wage rate and fringe benefits is appropriate only when the following criteria <br />have been met: <br />(1) The work to be performed by the classification requested is not performed by a classification <br />in the wage determination; and <br />(2) The classification is used in the area by the construction industry; and <br />(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship <br />to the wage rates contained in the wage determination. <br />(B) The conformance process may not be used to split, subdivide, or otherwise avoid application <br />of classifications listed in the wage determination. <br />(C) If the contractor and the laborers and mechanics to be employed in the classification (if <br />known), or their representatives, and the contracting officer agree on the classification and wage <br />rate (including the amount designated for fringe benefits where appropriate), a report of the action <br />taken will be sent by the contracting officer by email to DBAconformancegdol.gov. The <br />Administrator, or an authorized representative, will approve, modify, or disapprove every <br />additional classification action within 30 days of receipt and so advise the contracting officer or <br />will notify the contracting officer within the 30-day period that additional time is necessary. <br />(D) In the event the contractor, the laborers or mechanics to be employed in the classification or <br />their representatives, and the contracting officer do not agree on the proposed classification and <br />wage rate (including the amount designated for fringe benefits, where appropriate), the contracting <br />officer will, by email to DBAconformancegdoLgov, refer the questions, including the views of all <br />interested parties and the recommendation of the contracting officer, to the Administrator for <br />determination. The Administrator, or an authorized representative, will issue a determination <br />within 30 days of receipt and so advise the contracting officer or will notify the contracting officer <br />within the 30-day period that additional time is necessary. <br />(E) The contracting officer must promptly notify the contractor of the action taken by the Wage <br />and Hour Division under paragraphs (a)(1)(iii)(C) and (D) of this section. The contractor must <br />furnish a written copy of such determination to each affected worker or it must be posted as a part <br />of the wage determination. The wage rate (including fringe benefits where appropriate) determined <br />pursuant to paragraph (a)(1)(iii)(C) or (D) of this section must be paid to all workers performing <br />work in the classification under this contract from the first day on which work is performed in the <br />classification. <br />3 <br />