U.S. DEPARTMENT OF LABOR SCA 

PREVAILING WAGE RESOURCE BOOK 2010 CONFORMANCES 

SCA 

CONFORMANCE PROCESS 
U.S. DEPARTMENT OF LABOR SCA 

PREVAILING WAGE RESOURCE BOOK 2010 CONFORMANCES 

CONTRACT CLAUSE -- 29 C.F.R. § 4.6(b)(2) 

 See also FAR 48 C.F.R. § 52.222-41(b)(2)

SCA CONFORMANCE PROCEDURES 
U.S. DEPARTMENT OF LABOR SCA 

PREVAILING WAGE RESOURCE BOOK 2010 CONFORMANCES 

1

CONTRACT CLAUSE – 29 C.F.R. § 4.6(b)(2) 

See also FAR 48 C.F.R. § 52.222-41(b)(2)

4.6 Labor standards clauses for Federal service contracts exceeding $2,500.

The clauses set forth in the following paragraphs shall be included in full by the contracting 

agency in every contract . . . . 

 . . . . 

 [(b)](2)(i) If there is . . . [an SCA] a wage determination attached to this contract, the 

contracting officer shall require that any class of service employee which is not listed therein 

and which is to be employed under the contract (i.e., the work to be performed is not 

performed by any classification listed in the wage determination), be classified by the 

contractor so as to provide a reasonable relationship (i.e., appropriate level of skill 

comparison) between such unlisted classifications and the classifications listed in the wage 

determination. . . . 

 (ii) Such conforming procedure shall be initiated by the contractor prior to the 

performance of contract work by such unlisted class of employee. A written report of the 

proposed conforming action, including information regarding the agreement or disagreement 

of the authorized representative of the employees involved, or where there is no authorized 

representative, the employees themselves, shall be submitted by the contractor to the 

contracting officer no later than 30 days after such unlisted class of employees performs any 

contract work. The contracting officer shall review the proposed action and promptly submit 

a report of the action, together with the agency's recommendation and all pertinent 

information including the position of the contractor and the employees, to Wage and Hour 

Division, Employment Standards Administration, the U.S. Department of Labor, for review. 

The Wage and Hour Division will approve, modify, or disapprove the action or render a final 

determination in the event of disagreement . . . . 

 (iii) The final determination of the conformance action by the Wage and Hour Division 

shall be transmitted to the contracting officer who shall promptly notify the contractor of the 

action taken. Each affected employee shall be furnished by the contractor with a written copy 

of the determination or it shall be posted as a part of the wage determination. 

 (iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable 

relationship to those listed in a wage determination cannot be reduced to any single formula. 

 The approach used may vary from wage determination to wage determination depending on 

the circumstances. Standard wage and salary administration practices which rank various job 

classifications by pay grade pursuant to point schemes or other job factors may, for example, 

be relied upon. Guidance may also be obtained from the way different jobs are rated under 

Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from 

other wage determinations issued in the same locality. Basic to the establishment of any 

conformable wage rate(s) is the concept that a pay relationship should be maintained between 

job classifications based on the skill required and the duties performed. 

 (B) In the case of a contract modification, an exercise of an option or extension of an 

existing contract, or in any other case where a contractor succeeds a contract under which the 
U.S. DEPARTMENT OF LABOR SCA 

PREVAILING WAGE RESOURCE BOOK 2010 CONFORMANCES 

2

classification in question was previously conformed pursuant to this section, a new conformed 

wage rate and fringe benefits may be assigned to such conformed classification by indexing 

(i.e. adjusting) the previous conformed rate and fringe benefits by an amount equal to the 

average (mean) percentage increase (or decrease, where appropriate) between the wages and 

fringe benefits specified for all classifications to be used on the contract which are listed in the 

current wage determination, and those specified for the corresponding classifications in the 

previously applicable wage determination. Where conforming actions are accomplished in 

accordance with this paragraph prior to the performance of contract work by the unlisted class 

of employees, the contractor shall advise the contracting officer of the action taken but the 

other procedures in paragraph (b)(2)(ii) of this section need not be followed. 
U.S. DEPARTMENT OF LABOR SCA 

PREVAILING WAGE RESOURCE BOOK 2010 CONFORMANCES 

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SCA CONFORMANCE PROCEDURES 

Introduction

◊ The SCA conformance process is a method by which a contractor may propose job 

titles and wage rates to legally employ workers engaged in work on a contract in 

occupations that are not listed in the applicable SCA wage determination. 

 ◊◊ When an applicable contract wage determination does not list an occupation in 

which covered workers will be or are employed, the conformance process 

allows contractors to conform the unlisted occupation at a wage rate that is 

reasonable in relationship to the wage rates of listed occupations in the 

applicable wage determination that have comparable skills and duties. 

 ◊◊ It should be emphasized that “the conformance process of establishing wage 

rates that bear a reasonable relationship to those listed in a wage determination 

cannot be reduced to any single formula.” 29 C.F.R. § 4.6(b)(2)(iv)(A). The 

fringe benefits for such conformed occupations will be those already contained 

in the applicable wage determinations. 

 ◊◊ See 29 C.F.R. § 4.6(b)(2) and 4.152(b) and, in the FAR. 48 C.F.R. §§ 22.1019 

and 52.222-41(b)(2). 

Contractor initiates the conformance action 

◊ The contractor must forward the conformance request to the contracting agency no 

later than 30 days after employment of workers has begun in the occupation to be 

conformed. 

◊ For contractor bids or offers to approximate actual costs, contractors may wish to 

develop the conformance proposals for their own use prior to responding to requests 

for proposals or invitations for bids. Such estimates may be submitted to the 

contracting officer only, not to DOL. 

◊ Standard Form (SF) 1444 “Request for Authorization of Additional Classification 

and Rate” – 

 ◊◊ Although DOL does not require use of the SF-1444, contracting officers may 

request that contractors use the SF-1444 for conformances. 

 ◊◊ Instructions on how to complete the form are pre-printed on the form. 

 ◊◊ The SF-1444 is in the FAR at 48 § C.F.R.53.301-1444, on the Government 

Services Administration (GSA) website, and there is a link to the form in the 

WDOL “Library” (http://www.wdol.gov/library.aspx). Please note that the SF 
U.S. DEPARTMENT OF LABOR SCA 

PREVAILING WAGE RESOURCE BOOK 2010 CONFORMANCES 

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1444 is not an SCA required form and DOL does not keep SF-1444 forms in 

stock for distribution. 

◊ Upon receipt of a conformance request after award of the contract, the contracting 

officer will review the conformance proposal and make a recommendation of 

approving, modifying or disapproving the proposed action, and will submit the 

proposal to the WHD’s Branch of Service Contract Wage Determinations for final 

approval. 

◊ The WHD reviews the conformance request package and approves, disapproves, or 

establishes the rate for the subject occupation. The Branch of Service Contract 

Wage Determinations should respond within 30 days of receipt. 

◊ If the contractor does not initiate a conformance action for any unlisted occupation 

performing contract work and an investigation by the WHD discloses this fact, the 

WHD will conform the class as warranted. In these situations, the information 

obtained through the investigation is used as the basis for determining what the 

minimum wage rates and fringe benefits should be for each occupational class that 

must be conformed. The section “Investigation Process SCA/CWHSSA” section of 

this resource book provides additional information. 

Conformance principles

◊ An occupation may be conformed only if the work covered by that occupation is 

not covered by another occupation included in the governing wage determination. 

◊ Conformed wage rates must bear a reasonable relationship to those listed in the 

applicable wage determination, maintaining pay relationships between job 

classifications based on the skills required and the duties performed. 

◊ A conformance may not be used to artificially split or subdivide classifications 

listed in wage determinations. 

◊ Helpers, trainees, and occupations below the lowest level of established job 

classification families may not be conformed. Note, however, that helpers in skilled 

maintenance trades, whose duties are separate and distinct, may be used if listed 

on the applicable wage determination, but cannot be conformed. 

 ◊◊ Apprentices are permitted to work at less than predetermined rates when 

registered with a State apprenticeship agency that is recognized by DOL, or if 

no such recognized agency exists in a State, under a program registered with 

DOL’s Employment Training Administration’s Office of Apprenticeship. 

◊ Leaders are conformed when their duties are significant enough to distinguish them 

from the related journey occupation listed on the applicable wage determination to 

create a new occupation. Note that leaders typically receive higher compensation 

than the related journey occupation. 
U.S. DEPARTMENT OF LABOR SCA 

PREVAILING WAGE RESOURCE BOOK 2010 CONFORMANCES 

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◊ Agreement or disagreement of the employees involved, or their authorized 

representative, should be obtained in good faith and included in the conformance 

proposal. 

◊ Adherence to these principles helps to ensure that an appropriate conformance 

action is developed, regardless of the specific techniques employed. Reliance may 

be placed on the information below to develop a conformable wage rate. 

 ◊◊ Standard wage and salary administration practices which rank various job 

classifications by pay grade pursuant to point schemes or other factors; 

 ◊◊ The way different jobs are weighted under Federal pay systems (Federal 

Wage Board Pay System and the General Schedule); and 

 ◊◊ Other wage determinations issued in the same locality. 

Developing and processing an SCA conformance request

◊ While the SCA conformance principles provide guidance that follows regulatory 

intent, participants often require assistance in determining how these principles may 

be translated into specific action. The following information describes one way that 

this may occur: 

 ◊◊ When a contractor receives a solicitation or proposed contract modification, the 

contractor determines if the work to be performed by employees is covered by 

any of the classifications listed on the wage determination. (The work covered 

by most occupational titles listed in SCA wage determinations may be 

identified in the SCA Directory of Occupations, available online at a link on the 

WDOL website (http://www.wdol.gov/) “Library.” 

 ◊◊ If all the work to be performed on the contract is included in job descriptions 

for the listed occupations listed in the applicable wage determination, a 

conformance will not be needed. 

 ◊◊ If all the work to be performed on the contract is not included in job 

descriptions for the listed occupations listed in the applicable wage 

determination, the contractor needs to identify the work not included to be 

conformed. 

 ◊◊ Once the work to be conformed is identified, the contractor needs to develop a 

job title and description of work for the occupation to be conformed. 

 ◊◊ The contractor determines the wage rates for the proposed occupations. The 

proposed wage rate should be reasonable relative to the other wage rates on the 

applicable wage determination for occupations with similar skills and work 

duties. 
U.S. DEPARTMENT OF LABOR SCA 

PREVAILING WAGE RESOURCE BOOK 2010 CONFORMANCES 

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 ◊◊◊ Information that the contractor may use to obtain a measure of 

complexity or difficulty of the skills required and duties performed by 

workers in the occupation to be conformed may be found in the SCA 

Directory of Occupations. This information includes the Federal 

Grade Equivalency (FGE) where the FGE levels for listed 

occupations with similar skills and work duties can be utilized to 

establish a conformed wage rate based on the wage rates listed in the 

applicable wage determination for those comparable occupations. 

 ◊◊◊ By using this information, the contractor will ensure that the 

conformed occupation and wage rate are in keeping with the salary 

and wage structure of the applicable wage determination. 

 ◊◊◊ The contractor may request assistance from the contracting officer 

with regard to obtaining an FGE for the proposed occupation. 

 ◊◊◊ The SCA Directory of Occupations and its use is discussed in detail in 

the “SCA Wage Determinations” section of this resource book. 

◊ The contractor must present the proposed conformance action to the affected 

employees or their representative. Information regarding their agreement or 

disagreement must be included in the request. 

◊ Approved wage rates and fringe benefits must be paid to all employees in the 

conformed occupation retroactive to the date such workers started work on the 

SCA-covered contract. 

Indexing procedures for previously conformed wage rates 

◊ When a contract, whether an option or extension period or a new contract, succeeds 

a contract under which a class was previously conformed, the contractor can use the 

indexing procedure to determine a new wage rate for the conformed class. 

 ◊◊ To index, the contractor calculates the overall percent change between the 

previously issued rates listed on the applicable wage determination for those 

occupations utilized on the contract and the rates for those occupations issued 

in the new wage determination for the new contract period. The resulting 

percentage increase (if any) is then applied to the wage rate of the conformed 

class. The new conformance rate need not be sent to the WHD, but must be 

provided to the contracting officer. Alternatively, the contractor may, instead 

of an indexing action, request a new conformance for the unlisted occupation to 

the new wage determination. 29 C.F.R. § 4.6(iv)(B). reiterated in the FAR at 

48 C.F.R. § 52.222-41(b)(2)(iv)(B).