[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR22.404-2]



[Page 418-419]

 

            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



[[Page 419]]



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 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]