[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR22.404-2]

[Page 403-404]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 22_APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS--Table of Contents
 
    Subpart 22.4_Labor Standards for Contracts Involving Construction
 
Sec.  22.404-2  General requirements.

    (a) The contracting officer must incorporate only the appropriate 
wage determinations in solicitations and contracts and must designate 
the work to which each determination or part thereof applies. The 
contracting officer must not include project wage determinations in 
contracts or options other than those for which they are issued. When 
exercising an option to extend the term of a contract, the contracting 
officer must select the most current wage determination(s) from the same 
schedule(s) as the wage determination(s) incorporated into the contract.
    (b) If the wage determination is a general wage determination or a 
project wage determination containing more than one rate schedule, the 
contracting officer shall either include only the rate schedules that 
apply to the particular types of construction (building, heavy, highway, 
etc.) or include the entire wage determination and clearly indicate the 
parts of the work to which each rate schedule shall be applied. 
Inclusion by reference is not permitted.
    (c) The Wage and Hour Division has issued the following general 
guidelines for use in selecting the proper schedule(s) of wage rates:
    (1) Building construction is generally the construction of sheltered 
enclosures with walk-in access, for housing persons, machinery, 
equipment, or supplies. It typically includes all construction of such 
structures, installation of utilities and equipment (both above and 
below grade level), as well as incidental grading, utilities and paving, 
unless there is an established area practice to the contrary.
    (2) Residential construction is generally the construction, 
alteration, or repair of single family houses or apartment buildings of 
no more than four (4) stories in height, and typically includes 
incidental items such as site work, parking areas, utilities, streets 
and sidewalks, unless there is an established area practice to the 
contrary.
    (3) Highway construction is generally the construction, alteration, 
or repair of roads, streets, highways, runways, taxiways, alleys, 
parking areas, and

[[Page 404]]

other similar projects that are not incidental to building, residential, 
or heavy construction.
    (4) Heavy construction includes those projects that are not properly 
classified as either building, residential, or highway, and is of a 
catch-all nature. Such heavy projects may sometimes be distinguished on 
the basis of their individual characteristics, and separate schedules 
issued (e.g., dredging, water and sewer line, dams, flood control, 
etc.).
    (5) When the nature of a project is not clear, it is necessary to 
look at additional factors, with primary consideration given to locally 
established area practices. If there is any doubt as to the proper 
application of wage rate schedules to the type or types of construction 
involved, guidance shall be sought before the opening of bids, or 
receipt of best and final offers, from the Administrator, Wage and Hour 
Division. Further examples are contained in Department of Labor All 
Agency Memoranda Numbers 130 and 131.

[53 FR 4935, Feb. 18, 1988, as amended at 66 FR 53480, Oct. 22, 2001]