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Content Last Revised:08/26/2005
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

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Title 29  

Labor

 

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Chapter I  

Office of the Secretary of Labor

 

 

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Part 4  

Labor Standards for Federal Service Contracts

 

 

 

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Subpart A  

Service Contract Labor Standards Provisions and Procedures


29 CFR 4.3 - Wage determinations.

  • Section Number: 4.3
  • Section Name: Wage determinations.

    (a) The minimum monetary wages and fringe benefits for service 
employees which the Act requires to be specified in contracts and bid 
solicitations subject to section 2(a) thereof will be set forth in wage 
determinations issued by the Administrator. Wage determinations shall be 
issued as soon as administratively feasible for all contracts subject to 
section 2(a) of the Act, and will be issued for all contracts entered 
into under which more than 5 service employees are to be employed.
    (b) As described in subpart B of this part--Wage Determination 
Procedures, two types of wage determinations are issued under the Act: 
Prevailing in the locality or Collective Bargaining Agreement 
(Successorship) wage determinations. The facts related to a specific 
solicitation and contract will determine the type of wage determination 
applicable to that procurement. In addition, different types of 
prevailing wage determinations may be issued depending upon the nature 
of the contract. While prevailing wage determinations based upon cross-
industry survey data are applicable to most contracts covered by the 
Act, in some cases the Department of Labor may issue industry specific 
wage determinations for application to specific types of service 
contracts. In addition, the geographic scope of contracts is often 
different and the geographic scope of the underlying survey data for 
the wage determinations applicable to those contracts may be different.
    (c) Such wage determinations will set forth for the various classes 
of service employees to be employed in furnishing services under such 
contracts in the appropriate localities, minimum monetary wage rates to 
be paid and minimum fringe benefits to be furnished them during the 
periods when they are engaged in the performance of such contracts, 
including, where appropriate under the Act, provisions for adjustments 
in such minimum rates and benefits to be placed in effect under such 
contracts at specified future times. The wage rates and fringe benefits 
set forth in such wage determinations shall be determined in accordance 
with the provisions of sections 2(a)(1), (2), and (5), 4(c) and 4(d) of 
the Act from those prevailing in the locality for such employees, with 
due consideration of the rates that would be paid for direct Federal 
employment of any classes of such employees whose wages, if Federally 
employed, would be determined as provided in 5 U.S.C. 5341 or 5 U.S.C. 
5332, or from pertinent collective bargaining agreements with respect 
to the implementation of section 4(c). The wage rates and fringe 
benefits so determined for any class of service employees to be engaged 
in furnishing covered contract services in a locality shall be made 
applicable by contract to all service employees of such class employed 
to perform such services in the locality under any contract subject to 
section 2(a) of the Act which is entered into thereafter and before 
such determination has been rendered obsolete by a withdrawal, 
modification, revision, or supersedure.
    (d) Generally, wage determinations issued for solicitations or 
negotiations for any contract where the place of

[[Page 50896]]

performance is unknown will contain minimum monetary wages and fringe 
benefits for the various geographic localities where the work may be 
performed which were identified in the initial solicitation. (See Sec.  
4.4(a)(3)(i).)
    (e) Wage determinations will be available for public inspection 
during business hours at the Wage and Hour Division, Employment 
Standards Administration, U.S. Department of Labor, Washington, DC, and 
copies will be made available on request at Regional Offices of the 
Wage and Hour Division. In addition, most prevailing wage 
determinations are available online from WDOL. Archived versions of SCA 
wage determinations that are no longer current may be accessed in the 
``Archived SCA WD'' database of WDOL for information purposes only. 
Contracting officers should not use an archived wage determination in a 
contract action without prior approval of the Department of Labor.
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