Overview
This section outlines the "conformance" process used to establish wage rates and job classifications for service employees when the applicable Department of Labor wage determination does not include specific roles required for contract performance. It ensures that all service employees receive a fair wage based on a "reasonable relationship" to existing classifications in the wage determination.
Key Rules
- Initiation: The contractor must initiate the conformance process using Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, before unlisted employees perform any contract work.
- Standard of Comparison: Unlisted classes must be classified to provide a "reasonable relationship" (skill level comparison) to the classifications already listed in the wage determination.
- Submission Process: The Contracting Officer reviews the SF 1444—which must include feedback from the employees or their representatives—and submits it with a recommendation to the Wage and Hour Division (WHD).
- Timeline: The WHD generally approves, modifies, or disapproves the request within 30 days of receipt.
- Prohibitions:
- Conformance cannot be used to create a level lower than an existing "Level I" in a job family.
- Trainee classifications and helpers in skilled maintenance trades cannot be conformed.
- Classifications cannot be artificially split or subdivided to avoid existing wage rates.
- Exceptions: Subminimum rates are permitted for apprentices, student learners, and workers with disabilities in accordance with FAR 52.222-41.
Practical Implications
- Contractors must perform a "gap analysis" between their proposed staffing plan and the provided wage determination early in the procurement process to avoid delays or unanticipated labor costs.
- Because the process requires the agreement of the employees (or their representative), contractors should prepare for potential disputes if the proposed wage rate is perceived as too low relative to the required skill set.