Using The WDOL Website To Obtain SCA Wage Determinations And To Submit “e98’s”
Using the WDOL Website to Obtain SCA Wage Determinations and to Submit "e98’s"
- To facilitate contracting officers selecting the appropriate SCA wage determination, the WDOL website provides a "decision tree" that leads the requester through a series of questions. Based upon the responses to these questions, the WDOL site will either identify an SCA wage determination or direct the requester to submit an e98.
- A direct link to the e98 site is provided. The WDOL site gives the requester the option of going directly to the e98 site without going through the "decision tree" wage determination selection process. If a contracting officer has any question regarding the selection of the proper SCA wage determination, the WDOL site directs the contracting officer to the e98.
- The WDOL website has a "User's Guide" that includes a general overview and sections that focus on helpful information on SCA and DBA use of the website.
- As discussed previously, and as clearly indicated on the WDOL website, compliance with the decision tree selection process and the guidance provided by the User's Guide does not relieve the contracting officer or other program user of the requirement to carefully review the contract or solicitation, the FAR (48 C.F.R., including any relevant FAR Supplement or other Federal agency acquisition regulations), and the DOL regulations related to these actions.
- To obtain the latest SCA wage determinations, click on the "Selecting SCA WDs" option. Respond to each question beginning with the state and county until you have obtained the appropriate wage determination.
- For each area DOL issues two "standard" prevailing wage determinations that are identical except for the fringe benefit requirements. Because the fringe benefit compliance standards are different, the two types of prevailing wage determinations are not interchangeable.
- ODD-NUMBERED wage determinations (e.g., 2011-2020) apply to most SCA contracts. These wage determinations require the contractor to satisfy the health and welfare fringe benefit requirements on a "fixed cost" per employee basis. Compliance must be calculated using all hours paid for (including paid time off) up to 40 hours a week, 2080 hours a year, and the contractor must meet the minimum fringe benefit requirement as specified by the wage determination for each individual employee.
- EVEN-NUMBERED wage determinations (e.g., 2011-2017) are to be applied only to contracts where an even-numbered SCA wage determination applied to the preceding contract of the same federal agency for the same services in the same location. These wage determinations allow the contractor to comply with the fringe benefit requirement on an "average cost" basis, as discussed more fully in the "SCA Compliance Principles" chapter of this resource book.
- DOL issues "Non-Standard" SCA wage determinations to reflect prevailing wages and benefits in specific service industries in designated localities. In the WDOL SCA wage determination selection process, the user will be asked to determine if the contract services are "non-standard" as designated by DOL.
- The menu will provide a drop-down listing of such designated Non-Standard services; the "Appendix A: SCA Non-Standard WDs" at https://beta.sam.gov/search?index=wd&is_active=true&date_filter_index=0&date_rad_selection=date&wdType=sca&page=1 also lists non-standard services.
- "Non-Standard" wage determinations may not be used in contracts for services other than those specified in the "Non-Standard" wage determination description.
- If a contracting officer has determined that neither a "standard" wage determination nor a "non-standard" wage determination available from the WDOL website is appropriate for a particular contract action, the contracting officer should request an appropriate "contract-specific" wage determination from DOL using the e98 system.
- An example of a "contract-specific" wage determination is for a sole-source contract with a county, state or municipality where wages and benefits are already established. The SCA wage determination applicable to such a contract will reflect the rates established by the sole-source contractor. (Note that not all sole-source contract actions are subject to a "contract-specific" wage determination.)
- DOL issues wage determinations based on the provisions of section 4(c) of the SCA (as reflected in 41 U.S.C. § 6707(c) and as required pursuant to 29 C.F.R. §§ 4.1(b) and 4.163)) when certain criteria have been met. "4(c)" wage determinations recognize the wages and fringe benefits contained in a predecessor contractor's CBA as the wage determination requirements for the successor contract period of performance. A "4(c)"wage determination can be created by a federal agency using the WDOL website, as described below, and may be obtained by interested parties from the contracting agency.
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