Obtaining SCA Wage Determinations –- Two Methods

Obtaining SCA Wage Determinations – Two Methods

  1. SCA wage determinations can now be obtained from the WDOL website (https://beta.sam.gov/search?index=wd) by the contracting agency in two different ways. The contracting agency has total discretion as to which method to follow. See Final Rule "Service Contract Act Wage Determination Online Request Process" published in the Federal Register on August 26, 2005, 70 Fed. Reg. 50888-50899).
  2. First Method - "e98" process pursuant to 29 C.F.R. § 4.4(b).
    1. For each proposed contract exceeding $2,500, the contracting agency may request SCA wage determinations from the WHD by electronically submitting an "e98" that describes the proposed contract and occupations expected to be employed on the contract. An "e98" must be submitted for each anticipated contract. The wage determination(s) issued in response to each request must be incorporated into the bid specifications and the resultant contract.
    2. The "e98" requires the requesting agency official to specify the:
      1. Relevant procurement dates.
      2. County and state where the work will be performed.
      3. Type of services to be performed under the contract.
      4. Occupational classes and the number of service employees who will perform work on the contract. Occupational titles and corresponding code numbers found in the SCA Directory of Occupations should be used where applicable. A detailed discussion of the SCA Directory of Occupations is provided in this chapter of the resource book. For occupations not contained in the Directory, an appropriate job title and job description must be provided.
      5. Hourly rates or federal grade levels that would be paid if such workers were federal direct hires.
      6. Information on the incumbent contract, i.e., incumbent contractor, previous wage determination, and any CBA that may apply.
      7. A correct e-mail address, as most responses will be provided via e-mail.
    3. If the incumbent contractor has furnished substantially the same services in the same locality through the use of service employees whose wages and fringe benefits are the subject of one or more CBAs, the contracting agency should reference the union and CBA on the "e98" and await a response from the WHD for instructions on how to submit the CBA. Upon receipt of the CBA, WHD will provide an e-mail response to the contracting agency attaching a copy of a section 4(c) wage determination based on the CBA.
    4. The "e98" system automatically provides an amended response if the applicable wage determination is revised, and such amended response will be provided via e-mail and will be deemed to be received by the contracting agency.
    5. A revised "e98" should be submitted by the contracting agency if the bid opening date, or if contract commencement, is delayed by more than 60 days.
  3. Second Method - WDOL process pursuant to 29 C.F.R. § 4.4(c).
    1. Contracting agencies may use the WDOL website to select the proper wage determination for a proposed contract. The WDOL website provides assistance to the contracting agency in the selection of the correct wage determination.
    2. The contracting agency is fully responsible for selecting the correct wage determination. If the DOL determines that the correct SCA wage determination was not included in a covered contract, the contracting agency shall amend the contract within 30 days of DOL notice to incorporate the correct wage determination as determined by the WHD. 29 C.F.R. § 4.5(c)(2).
    3. If an applicable prevailing wage determination is not available on the WDOL website, the contracting agency must submit an "e98."
    4. The contracting agency shall monitor the WDOL website to determine whether the applicable wage determination has been revised. Revisions published on the WDOL website or otherwise communicated to the contracting officer are applicable and to be included in the contract under the following time frames:
      1. For advertised procurement - 10 days before the date set for bid opening, unless the contracting agency determines there is not reasonable time to notify bidders of the revision within 10 days;
      2. For negotiated procurement - before the award date if start of performance is within 30 days, or 10 days before commencement of the contract if start of performance is beyond 30 days.
      3. If the incumbent contractor furnished substantially the same services in the same locality through the use of service employees whose wages and fringe benefits are the subject of one or more CBAs, the contracting agency may prepare a wage determination referencing and incorporate a complete copy of the CBA(s) into the successor contract action. A copy of the CBA(s) need not be submitted to the WHD unless requested.
      4. The general public may also access the WDOL website at no cost to obtain available wage determinations for INFORMATION PURPOSES ONLY. The contracting agency is required to incorporate the applicable wage determination(s) into the contract. Thus, only those wage determinations inserted into the contract at award, or by modification, are applicable.

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