CONFORM A WAGE

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STANDARD FORM 1444 (REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND RATE)

and BASIC INSTRUCTIONS on CONFORMANCE PROCESS

OVERVIEW OF THE INITIAL CONFORMANCE PROCESS

Legend: CO = Contracting Officer KTR = Contractor WH = Wage and Hour Division Staff EE = Employee/employee Representative

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CO Issue solicitation to prospective bidders or modify contract classes. (Include conformance requirements Pre-award or agreement to modification

KTR Determine if work to be performed by employees is covered by one classification listed on the Wage Determination (WD). If yes, there is no need for conformance. Pre-bid preparation or agreement to modification

KTR Eliminate the conformance of special cases usually prohibited by regulation: helpers, trainees, and occupations below job family entry levels--must pay journeyman rates.

KTR Conform a "leader" if the duties added to the journeyman position (included in the WD) are significant enough to create a new occupation not covered by the governing wage determination. Wage rates proposed should be commensurate with the level of additional duties.

KTR Obtain/develop a job description and Federal Grade Equivalency (FGE) level for the occupation(s) to be conformed.

KTR Develop wage and fringe benefit rates that bear a reasonable relationship to those listed in the applicable wage determination. Same as above

KTR Utilize the occupation to be conformed and wage and benefit rates developed in preparing bids.

CO Award contract After bids received and analyzed

KTR/EE Obtain and utilize the input of employees or their legal representative in finalizing the conformance request. Agreement or disagreement of the employees involved or their authorized representatives should be obtained in good faith and included in the conformance proposal. After award and soon after work is initiated in occupation to be conformed

KTR Complete SF-1444, or comparable form, and submit request to Contracting Officer. No later than 30 days after unlisted employees perform any work

CO Review conformance request, complete CO items of SF-1444, develop agency recommendations, and forward to Wage and Hour Division. (Address listed in Block #2 of SF 1444) Soon after receipt of conformance request from CO

WH Review contractor request and CO recommendation, and approve, disapprove, or establish alternative rate, and transmit to CO. Within 30 days of receipt of conformance request from CO

CO Notify KTR of Wage and Hour decision. Soon after receipt of conformance decision from WH

KTR Notify employees of Wage and Hour decision. Soon after receipt of WH decision

CO KTR EE If disagree with Administrator's finding, file request for WH Administrator's review and reconsideration and, if not successful, file appeal with Board of Service Contract Appeals. If competitive, 10 days prior to contract bid opening; if negotiated, prior to the start of work

KTR For previously conformed classes, index or conform rates when contracts are awarded, extended, or modified. Within 30 days of contract award, extension, or modification

HOW TO COMPLETE SF1444

No. Instructions

1. Pre-printed on form. 2. To be completed by federal agency--contracting office mailing address.

The contractor completes items 3-15: 3. Enter complete name and mailing address. 4. Eneter date of request. 5. Enter contract number. 6. Enter date bid opened. If not sure, call Contracting Officer to obtain. 7. Enter date of contract award. If not sure, call Contracting Officer to obtain. 8. Enter date contract work started. 9. Enter date contract option was exercised (if applicable). 10. Enter name and address of subcontractor (if any). 11. Enter summary of project's statement of work. 12. Enter location of project work (city, county, and state). 13. List numbers and dates of all applicable wage determinations (consult contract). 13a. List the classification title and level and provide the job description for the work of the class being conformed. (If work to be performed is the same as the work described in the SCA Directory for the title and level entered here, do not repeat the job description.) Also list the Federal Grade Equivalency (FGE) and the source of the FGE for the classification being conformed. 13b. Enter the proposed wage rate. 13c. Enter the required fringe benefits already established on the applicable wage determination. 14. Enter the signature(s) and title(s) of the subcontractor's representative, if any. (Attach additional sheet if necessary.) 15. Enter the signature and title of the prime contractor representative. If there is an official representative of the employees who are working under the proposed conformed rates, contact that individual and inform him/her of the conformance proposal. Ask that individual to sign item Number 16 on SF-1444, and indicate whether or not there is agreement with the conformance proposal, and the reasons for the position. Also, make sure the block in item 16 is checked. A. If there is no duly elected representative, ask each employee working in the class being conformed to sign a separate sheet, indicating agreement or disagreement with the proposal. These employees also must be offered an opportunity to explain their position(s). B. If no employees have been hired yet, indicate in item 16.

Once the contractor has completed the form, send it to the Contracting Officer. Do not send directly to the Department of Labor's Wage and Hour Division.

The Federal agency Contracting Officer completes the bottom of the form, checking the applicable box, signing, dating, providing a commercial telephone number at which he/she may be reached, and presenting the agency recommendation and other relevant information as an attachment. If the Contracting Officer does not agree with any proposed classes or rates, a statement of the agency's position and rationale must be attached.

NOTE: After receipt/review of SF 1444, Contracting Officer completes bottom of form and forwards, with contractor supporting documentation, to the DOL address listed in Block #1.

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