Published date: 12/18/2024

Construction projects often involve specialized work that doesn’t align with the classifications listed in the prevailing wage determination. When this happens, a conformance request is the solution. By addressing these gaps, contractors can maintain compliance, protect workers’ rights, and avoid project delays. Here’s what you need to know to navigate the process effectively.

What is a Conformance Request?

Conformance requests are formal submissions to:

• Add an unlisted job classification to a wage determination.

• Establish appropriate wages and fringe rates (according to the Davis-Bacon Conformance Process) for workers in that classification

When Do You Need a Conformance Request?

You must submit a conformance request if:

• The scope of work for a project requires a particular skillset that belongs to a craft classification that is not included in the prevailing wage determination provided.
• These particular job roles in question have distinct duties that do not adequately fit into an existing classification listed on the determination

Simply picking an existing classification that you feel most closely resembles the work can get you into trouble. When in doubt, checking with your prime contractor and/or contracting agency is considered best practice.

Step-by-Step: How to Submit a Conformance Request

1. Review the Wage Determination and the Project’s Scope of Work
   • Take a look at your project’s wage determination.
   • Carefully review the scope of work of the contract. You’ll want to ensure that there is a classification available on the determination for every last type of work that you and your subcontractors will be performing on the job.
   • If any classifications are missing, identify them.
2. Gather Information and Make Your Case for Your Conformance
   • Proposed Classification: Clearly define the job title that you believe is missing.
   • Wage and Fringe Rate: Suggest rates for the classification. The goal here is to get this conformance approved, so it’s considered best practice to base your proposed rates on local standards or some other kind of historical wage data you can get your hands on.
   • Job Duties: Provide a detailed description of the task the role performs.
   • Stakeholder Agreement: Include signed agreements from contractors, subcontractors, and workers (or their representatives).
3. Submit Your Request
   • If you are a subcontractor, you will need to send your request, in the form of an SF-1444 Form, to the prime contractor on the project. If you are the prime contractor, you will send your requests (or forward your subcontractors’ requests) directly to the contracting agency responsible for your project.
     • Note:  Your proposed rate should reasonably correspond to the wage rates in the project’s wage determination. Use Agency Memorandums 213 and 233 as guides to establish this relationship.
   • Ensure all required documentation is complete to avoid delays in receiving a response from the agency. An extremely important note here: simply submitting a request to an agency is not sufficient on its own. If you do not hear back from them, it does not mean its ok to proceed without the requested classification. Contractors are responsible for seeing a request through to an end. Therefore, the more accurate and detailed you are in your conformance request, the better.
4. Await USDOL Review
   • Keep in mind: the contracting agency will then have to send the request along to the US Department of Labor (USDOL). The USDOL evaluates your request to confirm its validity and ensure rates align with prevailing local standards. Keep in mind, that once the contracting agency submits a conformance request, all USDOL communication will be directed toward the agency, and not the contractor.
5. Approval or Revision
   • Approval: If the classification is approved, it will be added to the wage determination.
   • Denial: If it is denied, you will be required to revise and resubmit the request with additional details if necessary.
   • No Response: As stated previously, if you have not heard a response regarding the conformance, it does not mean you should simply forget the issue and move on. It’s best to follow up with whoever you submitted the request to while also taking into account the chain of approval as the request gets passed along to the USDOL.

Best Practices for Conformance Requests

Start Early: Identify potential gaps in the planning phase to avoid project delays.

Use Accurate Data: Establish rates that are competitive and in accordance with local industry standards, and show a reasonable relationship with rates on the project’s wage determination.

Collaborate with Stakeholders: Establish a classification and wage rate that are acceptable to all parties.

Leverage Compliance Tools: Utilize electronic solutions to simplify data collection, submission, and tracking for conformance requests.

Common Challenges and Solutions

Why Conformance Requests Matter

Conformance requests are important for:

• Maintaining project integrity by addressing classification gaps.

• Protecting workers’ rights through adequate compensation.

• Assisting contractors in complying with federal labor standards.

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These materials are being issued with the understanding that LCPtracker is not engaged in rendering legal or other professional services and is providing these for informational purposes only. If legal, accounting, or tax expert assistance is required, the services of a competent legal, accounting or tax professional should be sought.