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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 1  

Procedures for Predetermination of Wage Rates


29 CFR 1.5 - Procedure for requesting wage determinations.

  • Section Number: 1.5
  • Section Name: Procedure for requesting wage determinations.

    (a)(1) Except as provided in paragraph (b) of this section, the 
Federal agency shall initially request a wage determination under the 
Davis-Bacon Act or any of its related prevailing wage statutes by 
submitting Standard Form 308 to the Department of Labor at this address:

    U.S. Department of Labor, Employment Standards Administration, Wage 
and Hour Division, Branch of Construction Contract Wage Determination, 
Washington, DC 20210.


The agency shall check only those classifications on the applicable form 
which will be needed in the performance of the work. Inserting a note 
such as ``entire schedule'' or ``all applicable classifications'' is not 
sufficient. Additional classifications needed which are not on the form 
may be typed in the blank spaces or on a separate list and attached to 
the form.
    (2) In completing SF-308, the agency shall furnish:
    (i) A sufficiently detailed description of the work to indicate the 
type of construction involved. Additional description or separate 
attachment, if necessary for identification of type of project, shall be 
furnished.
    (ii) The county (or other civil subdivision) and State in which the 
proposed project is located.
    (3) Such request for a wage determination shall be accompanied by 
any pertinent wage payment information which may be available. When the 
requesting agency is a State highway department under the Federal-Aid 
Highway Acts as codified in 23 U.S.C. 113, such agency shall also 
include its recommendations as to the wages which are prevailing for 
each classification of laborers and mechanics on similar construction in 
the area.
    (b) Whenever the wage patterns in a particular area for a particular 
type of construction are well settled and whenever it may be reasonably 
anticipated that there will be a large volume of procurement in that 
area for such a type of construction, the Administrator, upon the 
request of a Federal agency or in his/her discretion, may furnish notice 
of a general wage determination in the Federal Register when, after 
consideration of the facts and circumstances involved, the Administrator 
finds that the applicable statutory standards and those of this part 
will be met. If there is a general wage determination applicable to the 
project, the agency may use it without notifying the Department of 
Labor, Provided, That questions concerning its use shall be referred to 
the Department of Labor in accordance with Sec. 1.6(b). General wage 
determinations are published in the Government Printing Office (GPO) 
document entitled ``General Wage Determinations Issued Under The Davis-
Bacon And Related Acts''. (See appendix C for publication details and 
information on how to obtain general wage determinations.)
    (c) The time required for processing requests for wage 
determinations varies according to the facts and circumstances in each 
case. An agency should anticipate that such processing
in the Department of Labor will take at least 30 days.
[48 FR 19533, Apr. 29, 1983, as amended at 48 FR 503l3, Nov. 1, 1983; 50 
FR 49823, Dec. 4, 1985]
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