Conformance/Additional Classification Request Process – Contracting Agency Role

Pre-Bid/Pre-Award

Look at the Wage Determination:

  1. Compare classifications on the wage determination with anticipated work to be performed to identify missing classes that may be needed.
  2. If virtually all the work is to be performed by a single missing classification, use Standard Form (SF) 308 to request an appropriate predetermined wage rate for incorporation in the bid specifications.

Tell contractors about the possible need to request additional classes and rates after award:

  1. Ensure that the Davis-Bacon clauses are in the solicitation, including the conformance criteria. (See 29 C.F.R. § 5.5(a) and FAR at 48 C.F.R. §§ 22.407 and 52.222-6(c).)
  2. During pre-bid/pre-award conferences discuss criteria to advise contractors concerning how requests for additional classifications are processed and proposed wage rates will be evaluated.
  3. Call the contracting agency's labor advisor or WHD for guidance where questions/disputes arise regarding proper application of Davis-Bacon wage determinations to specific upcoming projects.

After contract award

Identify Additional Classes that May Be Needed:

  1. Discuss the wage determination and conformance criteria in pre-construction conference.
  2. Review certified payrolls for classes not listed on the wage determination.
  3. Conduct on-site inspections/employee interviews and identify additional classes.
  4. Consider subcontractor inquiries about missing classifications/rates.
  5. Consider complaints by employees/unions/competitors.

Work with the contractors and other affected parties to help develop the conformance request:

  1. Provide request form (SF-1444 or similar) to the contractor. Instructions on how to complete the form are pre-printed on the form. (The SF-1444 can be downloaded from the "Library" section on the WDOL website (https://www.dol.gov/agencies/whd/) and it is in the FAR at 48 C.F.R. § 53.301-1444.) A copy is shown at the end of this chapter of the DOL Prevailing Wage Resource Book.
  2. Consider the views of affected parties:
    1. Prime contractor
    2. Subcontractor (if applicable)
    3. Employee(s) (if known)
    4. Union representative (if the employees are represented by a union)
  3. Review the contractor's request for additional classes and rates in accordance with conformance criteria and ensure that all required information is furnished.
    1. Work to be performed is not performed by a classification already listed on the applicable wage determination.
    2. Rate bears a reasonable relationship to other rates in the wage determination. Please see AAM No. 213.
  4. Be sure that the criteria for the approval of additional classifications and wage rates have been followed.
  5. Determine whether affected parties are in agreement or have dispute(s).
    1. Attempt to resolve disputes in accordance with conformance criteria, if possible.
    2. Develop agency recommendation and documentation of disputes (if any).

Submit conformance request for DOL review and ruling:

  1. Include the following:
    1. Completed SF-1444 (or similar form or letter).
    2. Related documentation and agency recommendation.
    3. Copy of contract wage determination(s). WHD policy requires the submission of the contract wage determination with the conformance request.
  2. Submit by e-mail only. Please scan the completed form and all supporting documents into a 'pdf' file and attach to the email. Include the Contracting Officer's name, address, telephone, and email address. Submit the email to: WHD-CBACONFORMANCE_INCOMING@dol.gov. An automated confirmation response will be generated upon receipt of your submission.
  3. For assistance with completing form SF 1444, with questions concerning the conformance process, or to check the status of a conformance request submitted, please contact the WHD Branch of Construction Wage Determinations (BCWD) wage analyst with responsibility for the state where your project is located.
    A list of analysts and their states can be found at the following website: https://www.dol.gov/whd/govcontracts/stateassignments.htm.
  4. The BCWD responds to most requests within 30 days.

Communicate with DOL after submitting conformance request, as appropriate:

  1. Lack of a DOL response within 30 days does not mean that the request has been approved. Contact the WHD BCWD either by mail, e-mail, or by phone (at a phone number listed at the WHD BCWD website noted above) if no response is received within 30 days. All conformances are processed and responses issued to the contracting agency by email.
  2. Respond promptly to DOL requests for additional information that may be needed to process the request.

Communicate DOL determination to the contractor and other interested parties:

  1. The contracting agency is responsible to provide the conformance determination to the general/prime contractor. The contractor and its subcontractors shall post approved additional classifications and wage rates at the site of the work in a prominent and accessible place where they can be easily seen by the workers.

Advise the contractor and other interested parties of the reconsideration and appeal processes, as appropriate:

  1. WHD Administrator review and reconsideration of a BWCD conformance determination may be sought pursuant to 29 C.F.R. § 5.13. An interested party may appeal a final ruling of the Administrator pursuant to the provisions of 29 C.F.R. Part 7. Prior to sending a review and reconsideration to the WHD Administrator, interested parties have an option of appealing to the BCWD first.
  2. Note: Disputes arising out of the labor standards provisions of DBA/DBRA covered contracts are not subject to the general disputes clause in any such contract. Such disputes, including disputes between the contractor (or any of its subcontractors) and the contracting agency, DOL, or the employees or their representatives must be resolved in accordance with DOL procedures set forth in 29 CFR parts 5, 6, and 7. 29 C.F.R. § 5.5(a)(9) (reiterated at FAR 48 C.F.R. § 52.222-14).


Consulting Services We Provide

  • Review public works preconstruction contracts
  • Monitor DIR contractor/subcontractor certified payrolls
  • Audit labor classification for each worker employed
  • Review DIR pre-DAS 140/142 submissions
  • Review CAC training fund contributions form CAC-2
  • Review DIR Fringe Benefits Statement PW-26
  • Monitor DIR wage determinations
  • Audit fringe benefits allowances
  • Review DIR holiday payment requirements
  • Audit DIR travel & subsistence requirements
  • Caltrans Labor Compliance
  • County of Sacramento Labor Compliance
  • City of Los Angeles Labor Compliance
  • Los Angeles Unified School District Labor Compliance
  • Federal Davis-Bacon Project Monitoring
  • Federal DBE Implementation & Review
  • Federal FAA AIP Goal Setting
  • DIR & Davis-Bacon Training
  • DIR Civil Wage Penalty Review
  • Local-Hire Review (e.g., San Francisco)
  • Skilled and Trained Workforce

Give us a call to discuss your labor compliance requirements.

This email is intended for general information purposes only and should not be construed as legal advice
or legal opinions on any specific facts or circumstances.

 
© 2009-2020 GroupOne Company. All Rights Reserved.