Additional classifications
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.