EP 1180-1-1
1 Aug 01
(1) Conformances may not be used to artificially subdivide classes already listed in the wage
determination. For example: A supply clerk is the same job (in terms of knowledge, skills, and duties) as
the shelf-stocker, or stock clerk and store worker. If a supply clerk was listed in the wage determination,
a conformance cannot be based on splitting the job into two jobs -- shelf-stocker and store clerk.
(2) Conformances cannot take two or more classes listed in the wage determination and combine
them into a new class to be conformed. For example, a contractor cannot take some of the duties of a
warehouseman and combine them with the duties of a labor material handler, thereby establishing a new
position with a different conformed wage rate.
(3) Where the wage determination lists a series of classes within a job classification family (e.g.,
technician classes I, II, and III), the lowest job level listed in the wage determination is considered the
entry level for the classification family. A conformance cannot establish a job level lower than the lowest
level already listed in the wage determination.
(4) Trainee classes cannot be conformed.
(5) Helper classes, including those in skilled maintenance trades (e.g., electricians, machinists, and
auto mechanics) cannot be conformed. However, helpers in skilled maintenance trades whose duties
constitute separate and distinct jobs may be used if listed in the wage determination (see 29 CFR
4.152(c)(1)).
(6) It is essential that the contractor proposal address item 16 of the SF 1444 which reflects the
concurrence or non-concurrence of the affected employees or their representative. If there is no duly
elected (union) representative, each employee who will be working under the proposed conformed rates
should sign this form. If no employees have been hired, this may be indicated on the form.
8-3. Disposition of the Conformance Proposal. The CO must exercise good business judgement as to
the proper rate for conformed classes. The primary considerations should be the welfare of the workers
and the need to have a stable, qualified workforce to perform the government's work. As a guide, the
CO may use the relative relationship between the Federal rate for the proposed class and the Federal rate
for the other listed classifications. The CO should be alert to the possibility that the contractor may be
attempting to use a conformance to lower labor costs and thereby increase profits or competitive
advantage. The contractor assumes the risk of misjudging unlisted rates when formulating the bid (see, for
8-2
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