Conformance basics

   Davis Bacon Act (DBA) wage determinations do not contain every craft and wage rate needed for all DBA work performed on every contract.  When this occurs, DBA provisions contain a procedure for the purpose of establishing a DBA-enforceable wage and benefit rate for the missing job classification.  The procedure involves obtaining a conformance.

What is a conformance and why one may be necessary?

   A conformance is the addition of a classification of trade and the corresponding wage rate (hourly rate and fringe benefits) not listed on a DBA wage determination that is incorporated into a DBA-covered contract.  When a necessary trade is not listed in the incorporated wage determination, it is necessary for a contractor to apply for a conformance with the U.S. Department of Labor (DOL). The conformance process has the limited purpose of establishing a new classification when it is necessary to do so because the work needed to perform the contract is NOT performed by an existing classification.

   Conformances are not appropriate when the work of the proposed classification is already performed by a classification set forth on the wage determination.

Who initiates the conformance process? 

   Generally, the contractor performing the covered work initiates the request by preparing an SF-1444, Request for Authorization of Additional Classification and Rate, after the award of the general contract and at the time of employment of the unlisted trade.  The contractor submits the SF-1444 to the contracting agency who then submits it to the DOL for review and approval or denial.