29 C.F.R. § 4.50

Types of wage and fringe benefit determinations

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The Administrator specifies the minimum monetary wages and fringe benefits to be paid as required under the Act in two types of determinations:

(a) Prevailing in the locality. (1) Determinations that set forth minimum monetary wages and fringe benefits determined to be prevailing for various classes of service employees in the locality (sections 2(a)(1) and 2(a)(2) of the Act) after giving “due consideration” to the rates applicable to such service employees if directly hired by the Federal Government (section 2(a)(5) of the Act).

(2) The prevailing wage determinations applicable to most contracts covered by the Act are based upon cross-industry survey data. However, in some cases the Department of Labor may issue industry specific wage determinations for application to specific types of service contracts. In addition, the geographic scope of contracts is often different and the geographic scope of the underlying survey data for the wage determinations applicable to those contracts may be different. Therefore, a variety of different prevailing wage determinations may be applicable in a particular locality. The application of these different prevailing wage determinations will depend upon the nature of the contracts to which they are applied.

(b) Collective Bargaining Agreement—(Successorship). Determinations that set forth the wage rates and fringe benefits, including accrued and prospective increases, contained in a collective bargaining agreement applicable to the service employees who performed on a predecessor contract in the same locality. (See sections 2(a)(1) and (2) as well as 4(c) of the Act.)

[70 FR 50898, Aug. 26, 2005]

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2006–2025 · leading case: Lear Siegler Servs. v. Rumsfeld, Sec'y of Def., 457 F.3d 1262 (Fed. Cir. 2006).

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Lear Siegler Servs. v. Rumsfeld, Sec'y of Def., 457 F.3d 1262 (Fed. Cir. 2006). “See 29 C.F.R. § 4.50 (explaining that there are two types of wage and fringe benefit determinations, namely those that are based on prevailing wage data generally and those based on the level of benefits required pursuant to a CBA that a successor contractor is required to…”

Hd Inc. (A.S.B.C.A. 2025). · cites it 2× “§ 6703 (1), (2); 29 C.F.R. § 4.50 (explaining the two types of wage determinations); Lear Siegler Servs.”

Sonoran Tech. & Prof'l Servs., LLC (A.S.B.C.A. 2017). “§ 351 (a)(2); 29 C.F.R. § 4.50 (2017) (explaining types of wage determinations).”

Just in Time Staffing v. United States (Fed. Cl. 2019). “” (citing 29 C.F.R. § 4.50 )). A contractor can also be a successor to itself.”

BAE Sys. Tech. Solutions & Servs. Inc. (A.S.B.C.A. 2024). “; see also 29 C.F.R. § 4.50 (b). Pensions are one example of a fringe benefit.”

Gov't Contracting Resources, Inc. (A.S.B.C.A. 2015). “Therefore, from the outset, GCR bore the risk of severance payment costs that might arise.”

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