22.406-3 Additional classifications
Source: FAR 22.406-3 on acquisition.gov
Contractors must promptly request and obtain approval for any unlisted labor classifications and wage rates to ensure compliance with wage determination requirements.
Overview
FAR 22.406-3 outlines the procedures for handling situations where a laborer or mechanic is needed for a classification not listed in the contract’s wage determination. Contractors must submit Standard Form (SF) 1444 to request authorization for an additional classification and wage rate. The contracting officer reviews the request to ensure the classification is appropriate, used in the area, and the proposed wage rate is reasonable. If all parties agree and the criteria are met, the request is forwarded to the Department of Labor (DOL) for approval. If there is disagreement or the criteria are not met, the contracting officer submits all parties’ views and a recommendation to the DOL for determination. The DOL must respond within 30 days or notify if more time is needed. Once a decision is made, the contracting officer informs the contractor and ensures the new wage rate is posted and paid retroactively. These procedures also apply to contract options if new or unlisted classifications arise.
Key Rules
- Submission of SF 1444
- Contractors must submit SF 1444 for any unlisted labor classification needed on a contract.
- Review Criteria
- The contracting officer must verify the classification is appropriate, used locally, and the wage rate is reasonable.
- DOL Approval Process
- Requests are sent to the DOL for final approval, modification, or disapproval, with a 30-day response window.
- Retroactive Wage Application
- Approved wage rates must be posted and paid from the first day the classification was used.
- Applicability to Contract Options
- The same process applies to contract extensions if new classifications are needed.
Responsibilities
- Contracting Officers: Review SF 1444, ensure criteria are met, submit requests to DOL, communicate decisions, and enforce wage postings and payments.
- Contractors: Identify unlisted classifications, submit SF 1444, and pay approved wage rates retroactively.
- Agencies: Oversee compliance and ensure timely processing and communication with DOL.
Practical Implications
This section ensures that all laborers and mechanics are paid fair wages, even if their classification is not initially listed. It provides a clear process for adding new classifications and wage rates, protecting both workers and contractors. Delays or errors in this process can lead to wage disputes, noncompliance findings, or contract penalties.
(a) If any laborer or mechanic is to be employed in a classification that is not listed in the wage determination applicable to the contract, the contracting officer, pursuant to the clause at 52.222-6, Construction Wage Rate Requirements, shall require that the contractor submit to the contracting officer, https://www.gsa.gov/forms-library/request-authorization-additional-classification-and-rate" target="_blank">Standard Form (SF) 1444, Request for Authorization of Additional Classification and Rate, which, along with other pertinent data, contains the proposed additional classification and minimum wage rate including any fringe benefits payments.
(b) Upon receipt of https://www.gsa.gov/forms-library/request-authorization-additional-classification-and-rate" target="_blank">SF 1444 from the contractor, the contracting officer shall review the request to determine whether it meets the following criteria:
(1) The classification is appropriate and the work to be performed by the classification is not performed by any classification contained in the applicable 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 in the wage determination in the contract.
(c)
(1) If the criteria in paragraph (b) of this subsection are met and the contractor and the laborers or mechanics to be employed in the additional classification (if known) or their representatives agree to the proposed additional classification, and the contracting officer approves, the contracting officer shall submit a report (including a copy of https://www.gsa.gov/forms-library/request-authorization-additional-classification-and-rate" target="_blank">SF 1444) of that action to the Administrator, Wage and Hour Division, for approval, modification, or disapproval of the additional classification and wage rate (including any amount designated for fringe benefits); or
(2) If the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed additional classification, or if the criteria are not met, the contracting officer shall submit a report (including a copy of https://www.gsa.gov/forms-library/request-authorization-additional-classification-and-rate" target="_blank">SF 1444) giving the views of all interested parties and the contracting officer’s recommendation to the Administrator, Wage and Hour Division, for determination of appropriate classification and wage rate.
(d)
(1) Within 30 days of receipt of the report, the Administrator, Wage and Hour Division, will complete action and so advise the contracting officer, or will notify the contracting officer that additional time is necessary.
(2) Upon receipt of the Department of Labor’s action, the contracting officer shall forward a copy of the action to the contractor, directing that the classification and wage rate be posted in accordance with paragraph (a) of the clause at 52.222-6 and that workers in the affected classification receive no less than the minimum rate indicated from the first day on which work under the contract was performed in the classification.
(e) In each option to extend the term of the contract, if any laborer or mechanic is to be employed during the option in a classification that is not listed (or no longer listed) on the wage determination incorporated in that option, the contracting officer must require that the contractor submit a request for conformance using the procedures noted in paragraphs (a) through (d) of this section.