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B03 15-5558.txt <br />The contracting officer shall require that any class of service employee which is <br />not listed herein and which is to be employed under the contract (i.e., the work to <br />be performed is not performed by any classification listed in the wage <br />determination), be classified by the contractor so as to provide a reasonable <br />relationship (i.e., appropriate level of skill comparison) between such unlisted <br />classifications and the classifications listed in the wage determination (See 29 CFR <br />4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor <br />prior to the performance of contract work by such unlisted class(es) of employees <br />(See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final <br />determination of conformed classification, wage rate, and/or fringe benefits which <br />shall be paid to all employees performing in the classification from the first day <br />of work on which contract work is performed by them in the classification. Failure <br />to pay such unlisted employees the compensation agreed upon by the interested <br />parties and/or fully determined by the Wage and Hour Division retroactive to the <br />date such class of employees commenced contract work shall be a violation of the Act <br />and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are <br />included in a contract, a separate SF -1444 should be prepared for each wage <br />determination to which a class(es) is to be conformed. <br />The process for preparing a conformance request is as follows: <br />1) When preparing the bid, the contractor identifies the need for a conformed <br />occupation(s) and computes a proposed rate(s). <br />2) After contract award, the contractor prepares a written report listing in order <br />the proposed classification title(s), a Federal grade equivalency (FGE) for each <br />proposed classification(s), job description(s), and rationale for proposed wage <br />rate(s), including information regarding the agreement or disagreement of the <br />authorized representative of the employees involved, or where there is no authorized <br />representative, the employees themselves. This report should be submitted to the <br />contracting officer no later than 30 days after such unlisted class(es) of employees <br />performs any contract work. <br />3) The contracting officer reviews the proposed action and promptly submits a report <br />of the action, together with the agency's recommendations and pertinent <br />information including the position of the contractor and the employees, to the U.S. <br />Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)). <br />4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or <br />disapproves the action via transmittal to the agency contracting officer, or <br />notifies the contracting officer that additional time will be required to process <br />the request. <br />5) The contracting officer transmits the Wage and Hour Division's decision to the <br />contractor. <br />6) Each affected employee shall be furnished by the contractor with a written copy <br />Page 13 <br />