EP 1180-1-1
1 Aug 01
CHAPTER 8 - CONTRACT ADMINISTRATION AND SERVICE CONTRACT ACT ISSUES
8-1. General. Although there are numerous labor standards issues which may arise in the administration
of a service contract, the following sections focus on those that are most troublesome and the most
common.
8-2. Conformance Actions.
a. A conformance action or request for authorization of additional classification and rate is the
process which establishes wage rates for classes of employees which are not included in the applicable
wage determination already issued. The DOL's regulations outlining conformance procedures are set
forth at 29 CFR 4.6(b)(2). Additional guidance may be found at FAR 22.1019 and FAR Clause
52.222-41(c)(2). These conformance provisions allow for extending the wage determination to cover
classes of service employees needed for the contract's performance (either prime or subcontract) that
were either unanticipated at the time of the wage determination request and therefore not listed in the SF
98a, or for which data were unavailable upon which to base a prevailing wage.
b. The conformance action is initiated by the prime contractor following contract award through the
submission of SF 1444 (Appendix G) to the CO no later than 30 days after the unlisted class of
employees performs any contract work (FAR 22.1019; FAR 52.222-41(c)(2)(ii)). Where a
subcontractor is to use the requested classifications, the name and address of the subcontractor will be
shown in item 10 and signed by the subcontractor in item 14. Where no subcontractor is involved, show
in item 10 "Not Applicable."
c. It is important to emphasize that the contractor's proposal be supplemented by information relating
to how the proposed wage rate was developed. For example, the contractor may identify similar service
projects in the vicinity of the Corps contract where such a classification and rate was used.
d. In evaluating the contractor's request, the CO should be aware that a conformed class may be
added to the wage determination provided the work to be performed by the class is not performed by
any other class listed in the wage determination issued. The CO should review the job description on the
SF 1444 and compare it to the job descriptions contained in the Service Contract Act Directory of
Occupations. In addition, the following principles apply to the CO's evaluation of the conformance
request.
8-1
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