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  • Question

    How should the labor category be reclassified once the project is complete? If reclassification cannot be done, what is the appropriate action to take?


    Answer

    When a question arises concerning wage determination issues, the FAR provides:
     
    If the contracting officer has questions regarding the procedures for obtaining a wage determination, or questions regarding the selection of a wage determination, the contracting officer should request assistance from the agency labor advisor.  (FAR 22.1008-1(f)
     

    Within NASA, Procurement Notice PN 04-66 dated 29 August 2011, states:
     

    "Agency labor advisor" is the Director of the Headquarters Contractor Industrial Relations Office (Code LD040).  All contacts with the Department of Labor required by FAR 22.10, except for wage determinations, shall be conducted through the Center’s Contractor Industrial Relations Officer who will coordinate the information and requirements with the Headquarters Contractor Industrial Relations Officer, Code LD040 prior to contacting the Department of Labor.  (NFS 1822.1001)
     
    Additionally:
     
    Contracting Officers shall download WDs from www.wdol.gov.  When unavailable at that site, contracting officers shall complete the online electronic (e98) form requesting the WD from the Department of Labor prior to release of all solicitations and the exercise of contract options and/or anniversary dates in accordance with the FAR.  Contracting Officers shall contact their Center’s Contractor Industrial Relations Officer if assistance is needed in completing the electronic e98 or in determining which particular online wage determination is applicable to a specific acquisition.  (NFS 1822.1008)
     
    Finally, the guidance cited above is specific to service contracts covered by the Service Contract Act.  For construction contracts covered by the Davis-Bacon Act, see FAR 22.4 and 52.222-6(c), as well as NFS 1822.4 for additional guidance.


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