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Attachment B <br />classifications of laborers and mechanics for which conformance requests are regularly <br />submitted pursuant to paragraph (a)(1)(iii) of this section, provided that: <br />( 1) The work performed by the classification is not performed by a classification in the wage <br />determination for which a prevailing wage rate has been determined; <br />( 2) The classification is used in the area by the construction industry; and <br />( 3) The wage rate for the classification bears a reasonable relationship to the prevailing wage <br />rates contained in the wage determination. <br />(B) The Administrator will establish wage rates for such classifications in accordance with <br />paragraph (a)(l)(iii)(A)( 3) of this section. Work performed in such a classification must be paid <br />at no less than the wage and fringe benefit rate listed on the wage determination for such <br />classification. <br />(iii)(A) The [SRF Applicant], on behalf of EPA, shall require that any class of laborers or <br />mechanics, including helpers, which is not listed in the wage determination and which is to be <br />employed under the contract shall be classified in conformance with the wage determination. <br />The EPA award official shall approve an additional classification and wage rate and fringe <br />benefits therefore only when the following criteria have been met: <br />(1) The work to be performed by the classification requested is not performed by a classification <br />in the wage determination; and <br />(2) The classification is used in the area by the construction industry; and <br />(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable <br />relationship to the wage rates contained in the wage determination. <br />(B) The conformance process may not be used to split, subdivide, or otherwise avoid application <br />of classifications listed in the wage determination. <br />(C) If the contractor and the laborers and mechanics to be employed in the classification (if <br />known), or their representatives, and the [SRF /Lpplicant] agree on the classification and wage <br />rate (including the amount designated for fringe benefits where appropriate), a report of the <br />action taken shall be sent by the [SRF Applicant] to the Authority. The Authority will transmit <br />the report to DBAconformance@dol.gov. The Administrator, or an authorized representative, <br />will approve, modify, or disapprove every additional classification action within 30 days of <br />receipt and so advise the State award official or will notify the State award official within the 30- <br />day period that additional time is necessary. <br />(D) In the event the contractor, the laborers or mechanics to be employed in the classification or <br />their representatives, and the and the JSRF Applicant] do not agree on the proposed classification <br />and wage rate (including the amount designated for fringe benefits, where appropriate), the <br />award official shalt refer the questions, including the views of all interested parties and the <br />Updated 12/2023 <br />