52.222-6 Construction Wage Rate

Requirements.

As prescribed in 22.407(a), insert the following clause:

Construction Wage Rate Requirements (Aug 2018)

(a) Definition.—"Site of the work"—

(1) Means—

(i) The primary site of the work. The physical place or places where the construction called for in the

contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building

or work is constructed, provided that such site is-

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile

factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided-

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph

(a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool

yards of a Contractor or subcontractor whose locations and continuance in operation are determined

wholly without regard to a particular Federal contract or project. In addition, fabrication plants,

batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which

are established by a supplier of materials for the project before opening of bids and not on the

Project site, are not included in the "site of the work." Such permanent, previously established

facilities are not a part of the "site of the work" even if the operations for a period of time may be

dedicated exclusively or nearly so, to the performance of a contract.

(b)

(1) All laborers and mechanics employed or working upon the site of the work will be paid

unconditionally and not less often than once a week, and without subsequent deduction or rebate on

any account (except such payroll deductions as are permitted by regulations issued by the Secretary

of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe

benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those

contained in the wage determination of the Secretary of Labor which is attached hereto and made a

part hereof, or as may be incorporated for a secondary site of the work, regardless of any

contractual relationship which may be alleged to exist between the Contractor and such laborers
and mechanics. Any wage determination incorporated for a secondary site of the work shall be

effective from the first day on which work under the contract was performed at that site and shall be

incorporated without any adjustment in contract price or estimated cost. Laborers employed by the

construction Contractor or construction subcontractor that are transporting portions of the building

or work between the secondary site of the work and the primary site of the work shall be paid in

accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section

1(b)(2) of the Construction Wage Rate Requirements statute on behalf of laborers or mechanics are

considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of

this clause; also, regular contributions made or costs incurred for more than a weekly period (but

not less often than quarterly) under plans, funds, or programs which cover the particular weekly

period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe

benefits in the wage determination for the classification of work actually performed, without regard

to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics

performing work in more than one classification may be compensated at the rate specified for each

classification for the time actually worked therein; provided that the employer’s payroll records

accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed

under paragraph (c) of this clause) and the Construction Wage Rate Requirements (Davis-Bacon Act)

poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the

primary site of the work and the secondary site of the work, if any, in a prominent and accessible

place where it can be easily seen by the workers.

(c)

(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed

in the wage determination and which is to be employed under the contract shall be classified in

conformance with the wage determination. The Contracting Officer shall approve an additional

classification and wage rate and fringe benefits therefor only when all the following criteria have

been met:

(i) The work to be performed by the classification requested is not performed by a classification in

the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship

to the wage rates contained in the wage determination.

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known),

or their representatives, and the Contracting Officer agree on the classification and wage rate

(including the amount designated for fringe benefits, where appropriate), a report of the action

taken shall be sent by the Contracting Officer to the Administrator of the:

Wage and Hour Division
U.S. Department of Labor

Washington, DC 20210

The Administrator or an authorized representative will approve, modify, or disapprove every

additional classification action within 30 days of receipt and so advise the Contracting Officer or will

notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or

their representatives, and the Contracting Officer do not agree on the proposed classification and

wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting

Officer shall refer the questions, including the views of all interested parties and the

recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for

determination. The Administrator, or an authorized representative, will issue a determination within

30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within

the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs

(c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under

this contract from the firstday on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics

includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the

benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly

cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may

consider as part of the wages of any laborer or mechanic the amount of any costs reasonably

anticipated in providing bona fide fringe benefits under a plan or program; provided, That the

Secretary of Labor has found, upon the written request of the Contractor, that the applicable

standards of the Construction Wage Rate Requirements statute have been met. The Secretary of

Labor may require the Contractor to set aside in a separate account assets for the meeting of

obligations under the plan or program.

(End of clause)

Parent topic: 52.222 [Reserved]