U.S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION
WASHINGTON, D.C. 20210
January 28, 1974
ALL AGENCY MEMORANDUM #116
TO: All Contracting Agencies of the Federal Government
and the District of Columbia
SUBJECT: Davis-Bacon Wage Determinations - Proper Use of
Additional Classifications
Part 5 of the Secretary of Labor's Regulations, 29 CFR 5.5(a)
(1)(ii), provides for the addition by the Contracting Officer
of any needed classification of laborers and mechanics which
is not listed in an applicable wage determination.
Notice of Conformance Action
The Regulations further require that such additional classi-
fications shall be conformable to the wage determination and
a report of the action taken sent to the Secretary of Labor.
Thus, the Department of Labor must be notified for a con-
formed classification and rate to be valid.
In order to avoid confusion as to whether or not such a notice
has been received, and to preclude unnecessary misunderstandings
and possibly future enforcement difficulties, the Department of
Labor will respond to all notices within thirty (30) working
days of receipt. To facilitate this response, the agency should
indicate an address on the notice form or include an addressed
envelope. All notices of conformance actions should be sent
to the following address:
U. S. Department of Labor
Employment Standards Administration
Division of Wage Determinations
711 -- 14th Street, N. W.
Washington, D. C. 20210























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Timely Conformance Actions
The addition of classifications to wage determinations by con-
forming classification or reclassification procedures is in-
tended to be prospective, as evidenced by the terms of the
Regulations ". . . which is to be employed. . ." Under normal
procedures such additions should be made and reported before the _
classifications are actually used on the job, but in any case
the conformance action should be undertaken by the end of the
first pay period in which the newly-recognized classification is
used. Where it is determined during the performance of contract
work that certain laborers and mechanics have been misclassified
the responsibility of the contractor to effect the necessary
corrective action is in no way diminished by this clarification
of the Regulations as to the proper use-of-additional classifica-
tions.
Attention is also invited to this Department's All Agency Memo-
randum No. 68 dated July 19, 1966, dealing with the application
of multiple schedules of wage rates contained in one wage deter-
mination.
Ray J. Dolan
Assistant Administrator
Wage and Hour Division