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Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 19 Contract Number: GS -07F -0031W <br />(b) Applicability. This contract is subject to the following provisions and to all other applicable <br />provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary <br />of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively <br />exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 <br />CFR Part 4. <br />(c) Compensation. (1) Each service employee employed in the performance of this contract by the <br />Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be <br />furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary <br />of Labor or authorized representative, as specified in any wage determination attached to this contract. <br />(2) (i) If a wage determination is attached to this contract, the Contractor shall classify any <br />class of service employee which is not listed herein and which is to be employed under <br />the contract (i.e., the work to be performed is not performed by any classification listed in <br />the wage determination), so as to provide a reasonable relationship (i.e., appropriate level <br />of skill comparison) between such unlisted classifications and the classifications listed in <br />the wage determination. Such conformed class of employees shall be paid the monetary <br />wages and furnished the fringe benefits as are determined pursuant to the procedures in <br />this paragraph (c). <br />(ii) This conforming procedure shall be initiated by the Contractor prior to the <br />performance of contract work by the unlisted class of employee. The Contractor shall <br />submit Standard Form (SF) 1444, Request for Authorization of Additional Classification <br />and Rate, to the Contracting Officer no later than 30 days after the unlisted class of <br />employee performs any contract work. The Contracting Officer shall review the proposed <br />classification and rate and promptly submit the completed SF 1444 (which must include <br />information regarding the agreement or disagreement of the employees' authorized <br />representatives or the employees themselves together with the agency recommendation), <br />and all pertinent information to the Wage and Hour Division, U.S. Department of Labor. <br />The Wage and Hour Division will approve, modify, or disapprove the action or render a <br />final determination in the event of disagreement within 30 days of receipt or will notify <br />the Contracting Officer within 30 days of receipt that additional time is necessary. <br />(iii) The final determination of the conformance action by the Wage and Hour Division <br />shall be transmitted to the Contracting Officer who shall promptly notify the Contractor <br />of the action taken. Each affected employee shall be furnished by the Contractor with a <br />written copy of such determination or it shall be posted as a part of the wage <br />determination. <br />(iv) (A) The process of establishing wage and fringe benefit rates that bear a <br />reasonable relationship to those listed in a wage determination cannot be reduced <br />to any single formula. The approach used may vary from wage determination to <br />wage determination depending on the circumstances. Standard wage and salary <br />administration practices which rank various job classifications by pay grade <br />pursuant to point schemes or other job factors may, for example, be relied upon. <br />Guidance may also be obtained from the way different jobs are rated under <br />Federal pay systems (Federal Wage Board Pay System and the General Schedule) <br />or from other wage determinations issued in the same locality. Basic to the <br />establishment of any conformable wage rate(s) is the concept that a pay <br />relationship should be maintained between job classifications based on the skill <br />required and the duties performed. <br />(B) In the case of a contract modification, an exercise of an option or extension of <br />an existing contract, or in any other case where a Contractor succeeds a contract <br />under which the classification in question was previously conformed pursuant to <br />paragraph (c) of this clause, a new conformed wage rate and fringe benefits may <br />be assigned to the conformed classification by indexing (i.e., adjusting) the <br />previous conformed rate and fringe benefits by an amount equal to the average <br />Page: 55 of 216 <br />142 <br />