RESPONDING TO MISSING CLASSIFICATIONS ON PREVAILING WAGE PROJECTS (02/05/2010)
 

Speaking of Prevailing Wages, it seems that it is not uncommon for a classification to not be listed in a wage determination. If a classification of worker that is to be employed on a project is not included in a prevailing wage determination, one must be determined. The contracting officer is the primary contact to approve an additional classification and wage rate / fringe benefit. However, the following criteria must be met:


1. The work to be performed by the classification requested is not performed by a classification that is already in the wage determination.


2. The classification is utilized in the area by the construction industry.


3. The proposed wage rate, including any fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.


If the contractor and the workers to be employed in the missing classification and the contracting officer agree on the classification and wage / fringe, a report of the action is sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor. The Administrator will approve, modify or disapprove within 30 days or will notify the contracting officer that additional time is needed.


If the awarding agency does not assign a contracting officer it is imperative that the contractor take charge and submit the wage and benefit information for consideration. A form to request authorization of additional classifications and rates may be obtained through the ABC Chapter Office. If the contractor does not take action to expedite this process other “interested parties” will likely influence the rate determinations.


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