29 C.F.R. § 4.55

Issuance and revision of wage determinations

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(a) Determinations will be reviewed periodically and where prevailing wage rates or fringe benefits have changed, such changes will be reflected in revised determinations. For example, in a locality where it is determined that the wage rate which prevails for a particular class of service employees is the rate specified in a collective bargaining agreement(s) applicable in that locality, and such agreement(s) specifies increases in such rates to be effective on specific dates, the determinations would be revised to reflect such changes as they become effective. Revised determinations shall be applicable to contracts in accordance with the provisions of § 4.5(a) of subpart A.

(b) Determinations issued by the Wage and Hour Division with respect to particular contracts are required to be incorporated in the invitations for bids or requests for proposals or quotations issued by the contracting agencies, and are to be incorporated in the contract specifications in accordance with § 4.5 of subpart A. In this manner, prospective contractors and subcontractors are advised of the minimum monetary wages and fringe benefits required under the most recently applicable determination to be paid the service employees who perform the contract work. These requirements are the same for all bidders so none will be placed at a competitive disadvantage.

(c) Determinations issued by the Wage and Hour Division with respect to particular contracts are required to be incorporated in the invitations for bids or requests for proposals or quotations issued by the contracting agencies, and are to be incorporated in the contract specifications in accordance with § 4.5 of subpart A. In this manner, prospective contractors and subcontractors are advised of the minimum monetary wages and fringe benefits required under the most recently applicable determination to be paid the service employees who perform the contract work. These requirements are, of course, the same for all bidders so none will be placed at a competitive disadvantage.

[48 FR 49762, Oct. 27, 1983. Redesignated at 61 FR 68664, Dec. 30, 1996; 70 FR 50898, Aug. 26, 2005]

Notes of Decisions

Cited in 2 cases, 2006–2009 · leading case: Blue & Gold Fleet, LP v. United States, 70 Fed. Cl. 487 (Fed. Cl. 2006).

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Blue & Gold Fleet, LP v. United States, 70 Fed. Cl. 487 (Fed. Cl. 2006). “See 29 C.F.R. § 4.55 (c) (2004). The prospectus issued by the Park Service did not include such information, signifying that the Park Service was not applying the Act.”

Naranjo v. Spectrum Sec. Servs., Inc., 172 Cal. App. 4th 654 (Cal. Ct. App. 2009). “( 29 C.F.R. §§ 4.55 , 4.56, 4.187-4.191 (2008).”

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