Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 29 - Labor |
Subtitle A—Office of the Secretary of Labor |
Part 1 - Procedures for Predetermination of Wage Rates |
§ 1.5 - Publication of general wage determinations and procedure for requesting project wage determinations.
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§ 1.5 Procedure Publication of general wage determinations and procedure for requesting project wage determinations.
(a) (a) General wage determinations. A “general wage determination” contains, among other information, a list of wage and fringe benefit rates determined to be prevailing for various classifications of laborers or mechanics for specified type(s) of construction in a given area. The Department of Labor publishes general “general wage determinations determinations” under the Davis-Bacon Act on the WDOL Internet Web site. If there is a general wage determination applicable to the project, the agency may use it without notifying the Department of Labor, Provided, That questions concerning its use shall be referred to the Department of Labor in accordance with § 1.6(b).
(b)
(1) If a general wage determination is not available, the Federal agency shall request a wage determination under the Davis-Bacon Act or any of its related prevailing wage statutes by submitting Form SF–308 to the Department of Labor at this address:DOL-approved website.
c(b) Project wage determinations.
(1) A “project wage determination” is specific to a particular project. An agency may request a “project wage determination” for an individual project under any of the following circumstances:
(i) The project involves work in more than one county and will employ workers who may work in more than one county;
(ii) There is no general wage determination in effect for the relevant area and type(s) of construction for an upcoming project, or
(iii) All or virtually all of the work on a contract will be performed by a classification that is not listed in the general wage determination that would otherwise apply, and contract award (or bid opening, in contracts entered into using sealed bidding procedures) has not yet taken place.
Government(2) To request a project wage determination, the agency must submit Standard Form (SF) 308, Request for Wage Determination and Response to Request, to the Department of Labor, either by mailing the form to U.S. Department of Labor, Wage and Hour Division, Branch of
ContractConstruction
DeterminationWage
Determinations, Washington, DC 20210, or by submitting the form through other means directed by the Administrator.
preparing(3) In
shall checkcompleting Form SF–308, the agency
2) In completing SF–308, the agency shall furnish:must include the following information:
(i) A sufficiently detailed description of the work to indicate the type(s) of construction involved, as well as any additional description or separate attachment, if necessary, for identification of the type(s) of work to be performed. If the project involves multiple types of construction, the requesting agency must attach information indicating the expected cost breakdown by type of construction.
(ii) The location (city, county, state, zip code) or locations in which the proposed project is located.
(iii) The classifications needed for the project. The agency must identify only those classifications that will be needed in the performance of the work. Inserting a note such as “entire schedule” or “all applicable classifications” is not sufficient. Additional classifications needed that are not on the form may be typed in the blank spaces or on a separate list and attached to the form.
(
(i) A sufficiently detailed description of the work to indicate the type of construction involved. Additional description or separate attachment, if necessary for identification of type of project, shall be furnished.
(ii) The county (or other civil subdivision) and State in which the proposed project is located.
(3) Such request for a wage determination shalliv) Any other information requested in Form SF–308.
payment(4) A request for a project wage determination must be accompanied by any pertinent wage
shallinformation that may be available. When the requesting agency is a State highway department under the Federal-Aid Highway Acts as codified in 23 U.S.C. 113, such agency
must also include its recommendations as to the wages which are prevailing for each classification of laborers and mechanics on similar construction in the area.
(
in5) The time required for processing requests for project wage determinations varies according to the facts and circumstances in each case. An agency should anticipate that such processing
by the Department of Labor will take at least 30 days.
[48 88 FR 19533, Apr. 29, 1983, as amended at 48 FR 50313, Nov. 1, 1983; 50 FR 49823, Dec. 4, 1985; 70 FR 50894, Aug. 26, 2005; 82 FR 2223, Jan. 9, 201757724, Aug. 23, 2023]