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(b) 1. THE CONTRACTING OFFICER SHALL REQUIRE THAT ANY <br /> CLASS OF LABORERS OR MECHANICS THAT ZS NOT LISTED IN THE WAGE <br /> DETERMINATION AND THAT IS TO BE EMPLOYED UNDER THE CONTRACT SHALL <br /> BE CLASSIFIED IN CONFORMANCE WITH THE WAGE DETERMINATION. THE <br /> CONTRACTING OFFICER SHALL APPROVE AN ADDITIONAL CLASSIFICATION AND <br /> WAGE RATE AND FRINGE BENEFITS THEREFOR ONLY WHEN THE FOLLOWING <br /> CRITERIA HAVE BEEN MET: <br /> a. THE WORK TO BE PERFORMED BY THE <br /> CLASSIFICATION REQUESTED IS NOT PERFORMED BY A CLASSIFICATION <br /> " IN THE WAGE DETERMINATION; AND <br /> b. THE CLASSIFICATION IS UTILIZED IN THE AREA <br /> - BY THE CONSTRUCTION INDUSTRY; AND <br /> c. THE PROPOSED WAGE RATE, INCLUDING ANY <br /> BONA FIDE FRINGE BENEFITS, BEARS A REASONABLE RELATIONSHIP <br /> TO THE WAGE RATES CONTAINED IN THE WAGE DETERMINATION. <br /> 2 . IF THE CONTRACTOR AND THE LABORERS AND <br /> MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION (IF KNOWN) , OR <br /> THEIR REPRESENTATIVES, AND THE CONTRACTING OFFICER AGREE ON THE <br /> CLASSIFICATION AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR <br /> FRINGE BENEFITS WHERE APPROPRIATE) , A REPORT OF THE ACTION TAKEN <br /> SHALL BE SENT BY THE CONTRACTING OFFICER TO THE ADMINISTRATOR OF <br /> THE WAGE AND HOUR DIVISION, EMPLOYMENT STANDARDS ADMINISTRATION, <br /> U.S. DEPARTMENT OF LABOR, WASHINGTON, D.C. 20210. THE <br /> ADMINISTRATOR, OR AN AUTHORIZED REPRESENTATIVE, WILL APPROVE, <br /> MODIFY, OR DISAPPROVE EVERY ADDITIONAL CLASSIFICATION ACTION <br /> WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE CONTRACTING OFFICER <br /> OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE 30-DAY PERIOD <br /> THAT ADDITIONAL TIME IS NECESSARY. <br /> 3 . IN THE EVENT THE CONTRACTOR, LABORERS OR <br /> MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION OR THEIR <br /> REPRESENTATIVES, AND THE CONTRACTING OFFICER DO NOT AGREE ON <br /> THE PROPOSED CLASSIFICATION AND WAGE RATE (INCLUDING THE AMOUNT <br /> DESIGNATED FOR FRINGE BENEFITS, WHERE APPROPRIATE) , THE <br /> CONTRACTING OFFICER SHALL REFER THE QUESTIONS INCLUDING THE <br /> VIEWS OF ALL INTERESTED PARTIES AND THE RECOMMENDATION OF THE <br /> CONTRACTING OFFICER, TO THE ADMINISTRATOR FOR DETERMINATION. THE <br /> ADMINISTRATOR, OR AN AUTHORIZED REPRESENTATIVE, WILL ISSUE A <br /> DETERMINATION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE <br /> CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN <br /> THE 30-DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY. <br /> 4 . THE WAGE RATE (INCLUDING FRINGE BENEFITS WHERE <br /> APPROPRIATE) DETERMINED PURSUANT TO 29 C.F.R. § 5. 5 (a) (i) (1) (B) <br /> OR 29 C.F.R. § 5. 5 (a) (i) (1) (C) , SHALL BE PAID TO ALL WORKERS <br /> PERFORMING WORK IN THE CLASSIFICATION UNDER THIS CONTRACT <br /> FROM THE FIRST DAY ON WHICH WORK IS PERFORMED IN THE <br /> CLASSIFICATION. <br /> Page 29 <br />