[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: 48CFR22.406-3]

[Page 411]
 
            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.  22.406-3  Additional classifications.

    (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, Davis-Bacon 
Act, shall require that the contractor submit to the contracting 
officer, 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 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 section 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 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 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.

[53 FR 4935, Feb. 18, 1988, as amended at 57 FR 44263, Sept. 24, 1992; 
59 FR 67038, Dec. 28, 1994; 66 FR 53481, Oct. 22, 2001]