Read How to Request a Wage Determination text version

How to Request a Wage Determination

When requesting a wage determination (WD), whether one for the Service Contract Act (SCA) or the Davis Bacon Act (DBA), go to the following website: www.wdol.gov. Near the top of the page, this website has a link to the overview of its user guide, which is also available at: http://www.wdol.gov/usrguide/index.aspx. Be sure to note that there are additional sections of this user guide (e.g. for the SCA, DBA, etc.) The narrative below, supplements this guide.

H H

Once you've accessed the WDOL site, select whether the WD pertains to DBA or SCA, and click on the appropriate button (i.e. "selecting ___WDs"). Be sure to keep in mind there are two types of WDs: those pertaining to prevailing wages and those pertaining to a collective bargaining agreement. Prevailing Wages: For the SCA WDs, select the state and county where performance will occur. You'll need a WD for each county where performance occurs, (and a separate WD for each additional county). Next, it's important to identify whether the effort was performed on a prior contract. This will often affect what kind of fringe benefits are required to be paid. There are two basic types: Even numbered WDs (e.g. 2005-2012) require an average benefit rate be paid for all hours worked by all employees. This is the "averaging H&W rate". Odd numbered WDs (e.g. 2006-2011) require that each employee receive at least the minimum benefits for all hours paid. This is the "per-person H&W rate". For DBA WDs, select the state and county where performance will occur, but also select what type of construction is involved: heavy, building, residential, or highway. Most NASA contract requirements will be for building (i.e. facilities) construction but occasionally one or more of the others pertain. TIP: Read WDs carefully for any exclusions. Sometimes the work may be under a different schedule. For example, sewer line work is sometimes excluded from the heavy schedule and included under the building schedule. Collective Bargaining Agreements: The WDOL website will give you a separate WD for the CBA portion of your contract. However, the bulk of the WD consists of the CBA itself. Still, when WDOL asks you if any portion of the work on the contract is covered by a CBA, you should indicate that it is. By answering the WDOL menu questions, WDOL will generate a separate number for your WD, and you print this, attach the CBA, and together these make the WD for the CBA portion of your contract. Be sure to note that, at the end of the questions, you can sign-up to be notified whenever DOL updates the specific WD you've just received. Occasionally, it's not clear how to respond to the WDOL menu of questions. When this occurs, you can complete the e-98 form at the website, and have the Department of Labor select the correct WD for you. In the rare event that you need a wage determination that will be retroactive (due to an error, etc.) these can be obtained under the "Archived WDs" menu. If in doubt as to the correct WD to use, contact your NASA Center's Industrial Relations Officer (i.e. Labor Advisor), who can also provide training on this process. In addition, to be compliant with the NASA FAR Supplement, be sure to provide a copy of any WDs you receive to your NASA Center's Industrial Relations Officer. Also, be sure that the Contracting Officer, who is responsible for obtaining the correct WD for the contract, is the person on whose behalf the WD is obtained. The Department of Labor has an extensive resource titled "the Prevailing Wage Resource Book", available at: http://www.wdol.gov/docs/WRB2002.pdf, which provides all kinds of useful information about complying with Federal contractor labor laws.

H

Background: The Davis-Bacon Act, as amended, requires each construction contract over $2,000 for the construction, alteration, or repair of public buildings or public works contain a clause setting forth the minimum wages to be paid to the various classes of laborers and mechanics employed under the contract. Since 1996 these rates have been available to contracting personnel through the Wage Determination On-Line (WDOL) Program (i.e. www.wdol.gov). WDOL provides direct access to the most current Davis-Bacon wage decisions through a joint service subscription with Fed World.

H

Instructions for finding the correct wage decision: Wage decisions are listed by state, year, and number (i.e. OH000002). If you don't know the number for the county and type of construction (building, heavy, highway, or residential), then first use the index. The wage determinations are listed in four columns by county. Scroll down to the county where the project is located and select the appropriate wage decision for the type of project. TIP: Read WDs carefully for any exclusions. Sometimes the work may be under a different schedule. For example, sewer line work is sometimes excluded from the heavy schedule and included under the building schedule. Posters: WH Publication 1321 (Davis-Bacon Poster) is available from DOL's Poster Page

H

USAF SCA guidance (included for reference for NASA folks--hey why reinvent the wheel): Service Contract Act Wage Determinations can be obtained quickly and easily at: Wage Determinations On-Line (WDOL.gov)

H

If an applicable wage determination can be obtained through WDOL.gov, submittal of an e98 "Request for Wage Determination" is not required ( FAR 22.1008.)

H

The following wage determination types can be obtained at WDOL.gov:

· · ·

Standard WDs numbered 05-2001 through 05-3034 (currently), which list nearly 300 standard classifications corresponding to those in the SCA Directory of Occupations; Non-standard WDs for such services as Elevator Maintenance, Moving and Storage of Household Goods, Off-base Food and Lodging, Baggage Inspection, Aircraft Services (Pilots), etc.; CBA WDs based upon a predecessor contractor's collective bargaining agreement--CBA (but you no longer send the CBA to DOL). See discussion of CBA WDs and how to create and edit them under the last section of this material.

Effectivity of WDs published at WDOL.gov: WDs are not effective for existing contracts when published! The most current published WD must be incorporated for new contracts, option years, extension periods, and the annual or biennial anniversary date of a multiple year contract ( FAR 22.1007). For example, a WD published during an option year will not be "effective" for that contract until incorporated by the Contracting Officer for the start of the following option year (or extension or new contract). Deadlines for "receipt" (publication) of SCA WDs are at FAR 22.1012-1. As indicated by 22.1012-1(a)(1)(i), effectivity is governed by the date a WD is published on the WDOL.gov website, not the date of the WD.

H H

WDOL.gov is a collaborative e-Government initiative of OMB, DOL, DOD, GSA, DOE and DOC. It is not under DOL's website (at "DOL.gov"), although one or more links to WDOL.gov can be found there. Position descriptions for all standard classifications (those listed on Standard WDs) are found in the SCA Directory of Occupations, 5th Edition. Links to the Directory and the separate "Table of Contents" (in WD order) and "Alphabetical Index" can be found at http://www.wdol.gov/library.aspx.

H

e98 Website: If a WD cannot be obtained at WDOL.gov, the site will refer you to DOL's "E98" website to complete an electronic request. Such a request is needed only where DOL's standard or non-standard WDs do not contain the appropriate class of service employee for the work necessary to perform the contract (or for most of them, if there are several). Most responses to E98 requests are received within a few days. Reviewing the Directory of Occupations index or specific sections of the Table of Contents can help you determine if the work in question is covered under a standard WD. Non-standard WD general descriptions can be reviewed at WDOL.gov during the "Selecting SCA WDs" process. A list of nonstandard WD titles such as "Elevator Service" can also be viewed at Appendix 'A' of the on-line Users Guide. Unlike WDOL.gov, DOL's e98 website requires completion of the electronic equivalent of SF98 and 98a "Request for Wage Determination". The paper versions of these forms are now obsolete-DOL will not respond to SF98 requests mailed or faxed. "Health and Welfare" Fringe Benefit: All Agency Memorandum No. 204 was issued by the U.S. Department of Labor on 22 May 2008, increasing the Health and Welfare fringe benefit to $3.24 from $3.16 per hour. The H&W rate is usually increased annually in late May. Increases are effective with the next contract period (new contract, option, or extension) starting on or after 1 June each year. For example, fiscal year contracts are unaffected by the Memo 204 increase until 1 Oct 08. (For Hawaii, see Memo 204 for special rates and rules.)

Not affected by annual H&W increases:

·

· ·

·

Wage determinations (WDs) based on the predecessor contractor's collective bargaining agreement (CBA), whether or not the current H&W rate in the CBA is equal to the previouslyrequired standard; WDs where union rates have been adopted as prevailing (all elevator maintenance WDs, for example); Any other WD currently requiring a H&W rate other than the previous standard H&W rate. Exception: multiple year contracts not subject to annual funding, since an earlier H&W amount dating from two years previous may have properly applied for two years (see ** below); ** Anniversary dates: Under multiple-year contracts, incorporate any revised WD at the annual anniversary date, if subject to annual funding; or, at every two-year anniversary date, if not subject to annual funding. (FAR 22.1007(c))

"Odd" and "Even" WDs: H&W payment requirements are different between standard WDs ending with an odd versus an even number (Example: 05-2531 vs. 05-2532), as follows:

·

·

·

Odd WDs require H&W payment "per employee" for all hours compensated (maximum 40 hours per week). Sample WD benefit note: "HEALTH & WELFARE: $3.24 an hour or $129.60 per week or $561.60 per month"; Even WDs require payment by "average cost" for all hours worked by service employees (no maximum, but excluding paid time off). Sample WD benefit note: "HEALTH & WELFARE: Life, accident, and health insurance plans, sick leave, pension plans, civic and personal leave, severance pay, and savings and thrift plans. Minimum employer contributions costing an average of $3.24 per hour computed on the basis of all hours worked by service employees employed on the contract." (emphasis added) Caution: Switching WDs from an even number to an odd one (or odd to even) would change the contractor's requirement and may result in an otherwise avoidable increase in contract price or cost -- even though both WDs sets require the same minimum hourly amount.

Rules for applying the Odd vs. Even WDs:

· ·

·

ODD: Use the odd-numbered standard WDs (2005-2063, etc.) for all contracts except those noted under the rule for applying "Even" WDs below. EVEN: Use the even-numbered standard WDs (2005-2064, etc.) for all contracts already subject to an even WD. Continue using the even-numbered WDs for all options, extensions, follow-on contracts, and multiple year contract anniversary dates (see note regarding "Anniversary Dates" above). DOL will decide, eventually, whether to eliminate one of the payment methods.

Review of Standard and Non-Standard WDs: Before incorporating a WD in a solicitation or contract, it's a good idea to take a few seconds to look it over to make sure that the . . .

· · · ·

basic WD number (such as 05-2079) matches that in the previous contract or contract period (if any); locality is covered (county and state, normally); classification(s) are covered for most of the work to be performed WD does not contain obvious errors (such as radical changes to the wage rates). See FAR 22.1013.

Collective Bargaining Agreements (CBAs): CBAs become the basis for contract WDs under covered SCA

contracts if the CBA . . .

· · · ·

was entered into by the incumbent/predecessor contractor with a union; was received timely by the contracting agency (FAR 22.1012-3) (signed by both union and contractor); does not contain "prohibited contingencies" (DOL Memo 159); wage and/or benefit terms were effective at some point in the prior contract period (initial CBA, only) (See 4.163(f) of 29 C.F.R. Part 4).

If the above criteria are not satisfied -- or if you have any questions or concerns regarding a CBA -contact an Air Force Regional Labor Advisor.

·

CBA WDs:

Creating "CBA WDs" through WDOL.gov: The first time you create a particular CBA WD under WDOL.gov, some information must be input. In subsequent years, information from the prior year can be edited to reflect changes in CBA dates, contractor, etc. Note that the system will renumber every previous CBA-based WD the first time (from the WD numbers previously issued directly by DOL). This new WD number will consist of: "CBA", the year first created, and a unique number. (Example: "CBA-2004123"). If a CBA WD number does not begin with "CBA", it was not issued by the WDOL.gov system. The use of WDOL.gov will result in issuance of a new or revised CBA WD and goes like this: 1. select state and county. If it's left on "Alabama State-Autauga County", the locality of your CBA WD will be created for (or changed to) that locality. [Go to #2] 2. Were these services previously performed at this locality under an SCA-covered contract?" YES [Go to #3] 3. Are any of the employees performing work subject to a CBA? YES [Go to #4] 4. Is the WD in the current contract based on a CBA? a. Answer "NO" if this is an initial CBA where employees were previously covered by a standard or non-standard WD (WD was not based on a predecessor CBA). [Skip to #8] b. Answer "NO" if the previous WD references a CBA, but the WD# does not begin with "CBA" (WD was not issued by the WDOL.gov system) [Skip to #8] c. Answer "YES" only if a WD referencing a CBA was previously issued for the contract either by DOL or by the WDOL.gov system. [Go to #5] 5. If a CBA WD applicable to this contract was previously created using this system (WD# must start with "CBA"), click "Get CBA WD". [Go to #6] 6. Enter the number of the CBA WD [Go to #7] 7. Edit the WD information, review the revised WD, (then edit further, or) have the system issue a revision of the WD. The WD revision number will be updated automatically by the system upon issuance. [Mission Complete!] 8. Click "Continue" to create a new CBA WD. [Go to #9] 9. Enter the information as indicated. Review the draft before issuing the WD. The WD number and revision number will be assigned by the system when you select "Issue CBA WD". [Mission Complete!] Review the Draft WD! WDOL.gov allows you to review a draft CBA WD or revision prior to having the system "issue" it to you. This is the best time to review the information you input, and to make sure the system put the right words in the right places. If not, just go back and edit it until it looks good in draft form. Then hit the "Issue CBA WD" button. If you discover an error after having a CBA WD "issued" by WDOL.gov, proceed as you would to edit an

existing CBA WD, make edits to correct the error, and have another revision issued. Revisions incorporated into a contract do not have to be in sequence. Incorporation of CBA WDs: Solicitations: An applicable CBA WD should be incorporated as a "cover page" to the CBA, since nonincumbents will need the CBA to prepare their offer. Options and extensions: CBA WDs should be incorporated without the CBA, since the current contractor negotiated the CBA and they would have a copy of it.

Information

How to Request a Wage Determination

6 pages

Report File (DMCA)

Our content is added by our users. We aim to remove reported files within 1 working day. Please use this link to notify us:

Report this file as copyright or inappropriate

945639


Notice: fwrite(): send of 207 bytes failed with errno=104 Connection reset by peer in /home/readbag.com/web/sphinxapi.php on line 531