R92-163 AUTHORIZING AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION

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._ � � 3 '� '�1 . Part II , Section 116 .a. (1) (b) 1 is amended to read as follows : (b) 1. THE CONTRACTING OFFICER SHALL REQUIRE THAT ANY CLASS OF LABORERS OR MECHANTCS, INCLUDING HELPERS , THAT IS NOT LISTED IN THE WAGE DETERMINATION AND THAT IS TO BE EMPLOYED UNDER THE CONTRACT SHALL BE CLASSIFIED IN CONFORMANCE WITH THE WAGE DETERMINATION. THE COPITRACTING OFFICER SHALL APPROVE AN ADDITIONAL CLASSIFICATION AND WAGE RATE AND FRINGE BENEFITS THEREFOR ONLY WHEN THE FOLLOWING CRITERIA HAVE BEEN MET: a. EXCEPT WITH RESPECT TO HELPERS AS DEFINED IN 29 C.F.R. § 5. 2 (n) (4) , THE WORK TO BE PERFORMED BY THE CLASSIFICATION REQUESTED IS NOT P�RFORMED BY A CLASSIFICATIOPI IP1 THE WAGE DETERMINATION; AND b. THE CLASSIFICATION TS UTILIZED IN THE AREA BY THE CONSTRUCTION INDUSTRY; AND c. THE PROPOSED WAGE RATE, IrJCLUDIrJG �NY BONA FIDE FRINGE BENEFITS , BEARS A REASONABLE RELATIONSHIP TO THE WAGE RATES CONTAIPiED IN THE WAGE DETERMINATIOPJ. d. �-�ITH RESPECT TO HELPERS tiS DEFINED IN 29 , C.F.R. § 5. 2 (n) (4) , SUCH A CLASSIFICATION PREVAILS IN THE AREA IP1 WHICH THE WORK IS PERFORP�IED. 2 . IF THE CONTRACTOR AND THE LABORERS ArJD MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION (IF KNOWTI) , OR THEIR REPRESEr1TATIVES , AND THE COrITRACTING OFFICER AGREE ON THE CLASSIFICATION �P1D WAGE RATE (INCLUDING THE AMOUNT DESIGTIATED FOR FRINGE BENEFITS WHERE APPROPRIATE) , A REPORT OF THE ACTION TAKEN SHALL BE SENT BY THE CONTRACTING OFFICER TO THE ADf4IT1ISTRATOR OF THE WAGE AND HOUR DIVISION, EMPLOYMENT STANDARDS ADP�IrJISTRATIOr1, U. S . DEPARTMENT OF LABOR, WASHINGTON, D. C. 20210 . THE , ADMINISTRATOR, OR AN AUTHORIZED REPRESENTATIVE, WILL APPROVE, 240DIFY, OR DISAPPROVE EVERY ADDITIONAL CLASSIFICATION AC;TION WITHIN 30 DAYS OF RECEIPT APdD SO ADVISE THE COPITP.ACTIPlG OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE 30-DnY P�RIOD THAT �DDITIONAL TIME IS r1ECESSARY. 3 . Ir1 THE EVEP•IT THE CONTRACTOR, THE LABORERS OR MECHANICS TO BE EMPLOYED IN THE CL�SSIFICATION OR THEIR REPRESENTATIVES , AND THE COPITRACTING OFFICER DO NOT AGREL; UN THE PROPOSED CLASSIFICATION AND �aAGE RATE (IPICLUDIIIG TIi� AMOUNT DESIGNATED FOR FRINGE BEPIEFITS WHERE APPROPRIATE) THE , , CONTRACTING OFFICER SHALL REFER THE QUESTIOIVS INCI�UDING THL VIEWS OF �,LL INTERESTED PARTIES �,P1D THE RECOMrIEP1DATION OF THE CONTRACTING OFFICER, TO THE ADr1INISTRATOR FOR D�;TERi�1IN�,TI01`7. THE �DMIrJISTRATOR, OR AN AUTHORIZED REPRESErITATIVE , 6aILL ISSUE A DETERMINATION j•IITHIN 30 DAYS OF RECEIPT AND SO r�DVISE `rHE CONTRACTING OFFICER OR WILL PIOTIFY THE COPdTRACTITIG OFFICER WITHIi1 THE 30—DAY PERIOD THA`P ADDITIONAL TI2]E IS I�IECESSARY .