Contracting Officers may submit completed SF1444 Requests to the Department of Labor via email. Please scan the completed form and all supporting documents into a 'pdf' file and attach to the email. Include the Contracting Officer's name, address, telephone, and email address.
Submit the email to: WHD-CBACONFORMANCE_INCOMING@dol.gov
The U.S. Department of Labor (DOL) issues wage determinations under the Davis-Bacon Act (DBA) using survey data on prevailing construction wages and benefits paid in specific areas. 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 a conformance procedure for the purpose of establishing an enforceable wage and benefit rate for the missing classification.
Contractors 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 by the contractor for performance of the work is not listed on the applicable wage determination, the contractor must initiate a request for approval of an additional classification along with the proposed wage and benefit rates 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. (Reference FAR 22.406-3 and 52.222-6(b), and Title 29 CFR Part 5, Section 5.5(a)). The contractor completes blocks 2 through 15 on the form. Request may be submitted to DOL without the form, but must contain the required information.
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.)
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.
Checklist for DBA Conformances: