[6.2 to 6.3]
6.2. Are there any exemptions to DBA application? There are no exemptions provided in the statutory language of the DBA. The President may suspend application of the DBA in certain natural disaster situations, but this is rare. For example, DBA was suspended for a short time after hurricane Katrina.
6.3. How do I obtain a wage determination for my contract? In nearly all situations, the wage determination that you will need can be downloaded from www.wdol.gov.
6.3.1. Typically, your search for a wage determination will include the following considerations: (1) where the construction site work will be performed - what state and county (or comparable political subdivision). And (2) what type of construction work will be performed - "building", "heavy", "highway", and/or "residential". (FAR 22.404-2) (DOL AAM 130
6.3.1.1. The "residential" wage determination is used for DBA-covered work performed on single family residences, apartments, duplexes, quadraplexes and similar structures that are used for long-term residential purposes, not short term lodging similar to "visiting quarters". It also is normally not appropriate for any buildings (even those used for long-term residential purposes) that exceed four stories.
6.3.1.2. The "building" wage determination is used for DBA-covered work performed on all buildings that house people and/or equipment, except those projects for which the "residential" wage determination is appropriate.
6.3.1.3. The "highway" wage determination is used for highways, roads, streets, airport runways, and similar projects.
6.3.1.4. The "heavy" wage determination is used for most other construction that does not fall within the above-mentioned (building, residential, highway) construction types and therefore is considered a "catch all" wage determination for most other work. Work such as water and sewer lines, gas lines, exterior electrical or communication cabling installation, waste-water treatment plants, exterior playing fields or courts, exterior playgrounds, electrical substations, fencing, dams, bridges are some of the common "heavy" projects that would use this wage determination. Often there are multiple "heavy" wage determinations in a specific geographic area based upon the specific type of work being performed. Therefore, COs must be cautious that they have reviewed all the "heavy" wage determinations available in the area where the work will be performed and that they have selected the correct wage determination(s) for the specific project.
6.3.1.5. In the extremely rare event that one of the general schedule wage determinations is not appropriate for use on your construction project, a project wage determination must be requested from Department of Labor (DOL). A project wage determination is recommended only when one of the "general schedule" wage determinations is not appropriate for use or where the key work classification necessary for the work being performed is missing from the general schedule wage determination. An SF308 must be used to initiate such a request.
6.3.2. What if a work classification needed for the project is not included on the wage determination? The CO must require the contractor to request a "conformed" job classification and minimum rate of pay as outlined in the body of the wage determination and FAR 22.406-3. This conformance requirement is also contained in the contract clause FAR 52.222-6(b). The contractor will submit such a request on an SF1444. When reviewing such conformance requests, contracting officers should be aware that DOL will not approve a conformed rate for a skilled-trade job classification that proposes a rate of pay that is less than the lowest rate of the other skill-trade job classifications already listed in the wage determination. For example, if the "painter" classification has the lowest rate for a skilled-trade listed in the wage determination and provides for a minimum rate of pay of $12.00 per hour; then no request for a conformed wage rate of $11.99 or less for a skilled trade will be approved by DOL. DOL excludes laborers, truck drivers and heavy equipment operators from this "skilled-trade" conformance consideration.
6.3.3. Do I need to change or update the wage determination? Generally - No. However, if the contract is one where the term of the contract will be extended by option or otherwise, then the wage determination must be updated and made effective at the beginning of the option or renewal period of performance (FAR 22.404-12