United States Department of Labor

Wage and Hour Division (WHD)

Request for Unlisted Classification (Conformance) Procedure for Weatherization Projects

Contracting Officer (DOE official authorized to execute awards on behalf of DOE) may send unlisted classification requests (SF-1444) to the Department electronically, by facsimile, or by mail. Electronic submissions should be sent to 09WeatherizationSurvey@dol.gov. Facsimile submissions should be sent to (202) 693-1432. Mailed forms should be sent to the address listed in Block 1 of the SF Form 1444. Any SF Form 1444 submitted for weatherization projects should be marked as being for weatherization projects and the project decision being used for the project should also be submitted with the SF Form 1444.

The U.S. Department of Labor (DOL) issues wage determinations under the Davis-Bacon Act (DBA) using available statistical data on prevailing wages and benefits paid in a specific locality. On occasion, the data does not contain sufficient information to issue rates for a particular classification of worker needed in the performance of the contract. Because of this, DBA provisions contain this conformance procedure for the purpose of establishing an enforceable wage and benefit rate for the missing/unlisted classification.

Contractors (any employer of the laborers/mechanics on the project, e.g. Community Action Agency if they are the employer of the employees performing this work or a subcontractor of the Community Action Agency) are responsible for determining the appropriate staffing necessary to perform the contract work. Contractors are also responsible for complying with the minimum wage and benefits requirements for each classification performing work on the contract. If a classification considered necessary for performance of the work is not listed on the applicable wage decision, a request for approval of an additional classification along with the proposed wage and benefit rates must be submitted for that classification.

The awarded Contractor initiates the request by preparing an SF1444, Request for Authorization of Additional Classification and Rate, at the time of employment of the unlisted classification. ( FAR 22.406-3 and 52.222-6(c), and 29 CFR 5, Section 5.5(a)). The criteria that must be met for the unlisted classification are discussed in more detail in the Checklist for Completing the SF-1444 but are:

1. The proposed classification must be a classification recognized in the construction industry.
2. The work to be performed by the proposed classification can not be performed by a classification already listed on the applicable wage decision.
3. The proposed rate must bear a reasonable relationship to the rates of the other classifications listed on the wage decision.

The Contractor submits the request to the Contracting Officer. The Contracting Officer reviews the request for completeness and signs the form designating the contracting agency's concurrence or disagreement with regard to the contractor's proposal. If the Contracting Officer indicates disagreement with the contractor's proposal, a statement must be attached supporting a recommendation for different rates. The Contracting Officer then submits the proposal with all attachments to DOL for approval.

The Contractor is obligated to pay the proposed wage and benefit rates pending a response from DOL. The conformance request will be reviewed by DOL. If the described work is found to be performed by a classification already listed on the wage decision, then DOL will disapprove the additional classification and rate and advise that the classification and rate listed on the decision must be paid. If the rate is found not to bear a reasonable relationship to the other rates listed on the decision, DOL will approve the requested classification but will disapprove the proposed rate of pay and DOL will provide a conformed rate that can be paid. In these cases, the DOL rate must then be paid retroactive to the beginning of the project.

Any questions about the conformance process may be faxed to 202-693-1423 or sent to 09WeatherizationSurvey@dol.gov or you may call 202-693-0866.

Checklist for Completing the SF-1444:

1. Block 2: The contracting officer’s address should be entered in this block.
2. Block 3: Contractor – Employer of the employees for which the classification and rate is being requested.
3. Block 11: Include a brief description of all work to be performed on the project. If this a weatherization project, please state this also.
4. Block 13: Please include the Project Wage Decision number and attach a copy of the wage decision that is applicable to this request.
5. Block 13a:
   1. The classification must be appropriate for the contract work, and must be a classification that is utilized in that locality by the construction industry.
   2. The contractor cannot propose a new classification by combining job duties from two or more existing classifications on the wage determination, or propose a new classification that performs only part of the duties of an existing classification.
   3. The proposed classification cannot be a "trainee". Generally, a proposed classification of "helper" will not be approved. Under DBA provisions, a "helper" will not be approved by DOL unless the contractor establishes in his proposal that a "helper" is an established industry area practice.
   4. The proposed wage rate for the new classification should generally be no lower than the wage rate of the lowest skilled classification on the decision.
   5. Conformance requests should not be submitted for exempt classifications (project managers, full-time supervisors, professionals such as engineers), nor for classifications other than "laborers or mechanics" employed on the site of work, as covered by DBA.
   6. The contractor must attach a brief description of work to be performed by the requested unlisted classification. The contractor should include all pertinent documentation that supports his request for approval of an additional classification
6. Block 13b and 13c: The proposed rate should bear a reasonable relationship to the wage rates listed on the wage decision. The proposed fringe benefits should be the same as listed on the wage decision. The proposed classification and rate should follow the procedure as outlined on the project wage decision.
7. Block 16: Employees, if present, or their designated representative must sign block 16 noting their concurrence or disagreement with the contractor's proposed wage and benefit rate. If the employee indicates disagreement with the contractor's proposal, he must provide a statement supporting a recommendation for different rates. (“Designated representative” is generally a union. It cannot be the contractor 's personnel officer or other contractor representative.)
8. Contracting Officer Agreement/Disagreement and Signature: The agreement or disagreement block should be checked. (If the contracting officer disagrees with the recommended classification and rate, please attach their information and recommendation. The contracting officer should also sign and then list their title and phone number.