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class="- topic/xref ">Standard Form (SF) 1444</xref>, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed <xref href="https://www.gsa.gov/forms-library/request-authorization-additional-classification-and-rate"
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class="- topic/xref ">SF 1444</xref> (which must include information regarding the agreement or disagreement of the employees
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class="- topic/xref ">SF 1444</xref> (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour <term class="- topic/term ">Division, U.S</term>. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.</p>
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<p class="- topic/p " id="d3349e122">
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<ph props="autonumber" class="- topic/ph ">(C)</ph>
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No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act
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No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.</p>
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<ph props="autonumber" class="- topic/ph ">(e)</ph>
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<i class="+ topic/ph hi-d/i ">Minimum wage</i>. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act
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<i class="+ topic/ph hi-d/i ">Minimum wage</i>. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.</p>
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<i class="+ topic/ph hi-d/i ">Successor contracts</i>. If this contract succeeds a contract subject to the Service Contract Labor Standards statute under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR <xref outputclass="fm:ParaNumOnly"
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class="- topic/xref "
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base="id1617MA00ZG2"
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href="Subpart_4.1.dita#FAR_Subpart_4_1">4.1</xref>
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href="Subpart_4.1.dita#FAR_Subpart_4_1">4.1</xref>b(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR <xref outputclass="fm:ParaNumOnly"
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href="Subpart_4.10.dita#FAR_Subpart_4_10">4.10</xref> that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR <xref outputclass="fm:ParaNumOnly"
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href="Subpart_4.11.dita#FAR_Subpart_4_11">4.11</xref>, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm
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href="Subpart_4.11.dita#FAR_Subpart_4_11">4.11</xref>, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR <xref outputclass="fm:ParaNumOnly"
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base="iSubpart_4_10"
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href="Subpart_4.10.dita#FAR_Subpart_4_10">4.10</xref> and/or <xref outputclass="fm:ParaNumOnly"
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href="Subpart_4.11.dita#FAR_Subpart_4_11">4.11</xref> and
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href="Subpart_4.11.dita#FAR_Subpart_4_11">4.11</xref> and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.</p>
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<ph props="autonumber" class="- topic/ph ">(i)</ph>
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For each employee subject to the Service Contract Labor Standards statute
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For each employee subject to the Service Contract Labor Standards statute—</p>
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<ph props="autonumber" class="- topic/ph ">(iii)</ph>
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Any list of the predecessor Contractor
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Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.</p>
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<ph props="autonumber" class="- topic/ph ">(n)</ph>
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<i class="+ topic/ph hi-d/i ">Seniority list</i>. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor
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<i class="+ topic/ph hi-d/i ">Seniority list</i>. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract.</p>
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<ph props="autonumber" class="- topic/ph ">(p)</ph>
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Contractor
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Contractor's certification. </p>
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<ph props="autonumber" class="- topic/ph ">(1)</ph>
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By entering into this contract, the Contractor (and officials thereof) certifies that neither it nor any person or firm who has a substantial interest in the Contractor
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By entering into this contract, the Contractor (and officials thereof) certifies that neither it nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under <xref href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6706&num=0&edition=prelim"
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class="- topic/xref ">41 U.S.C. 6706</xref>.</p>
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<i class="+ topic/ph hi-d/i ">Variations, tolerances, and exemptions involving employment</i>. Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to <xref href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6707&num=0&edition=prelim"
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class="- topic/xref ">41 U.S.C. 6707</xref> prior to its amendment by Pub.L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business:</p>
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class="- topic/xref ">41 U.S.C. 6707</xref> prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business:</p>
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<ph props="autonumber" class="- topic/ph ">(r)</ph>
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<i class="+ topic/ph hi-d/i ">Apprentices</i>. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman
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<i class="+ topic/ph hi-d/i ">Apprentices</i>. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program.</p>
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<i class="+ topic/ph hi-d/i ">Tips</i>. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by <xref href="http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6703(1)&num=0&edition=prelim"
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class="- topic/xref ">41 U.S.C. 6703(1)</xref>, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, <ph outputclass="CFR" class="- topic/ph ">29 CFR Part 531</ph>. However, the amount of credit shall not exceed $1.34 per hour beginning January 1,1981. To use this provision
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class="- topic/xref ">41 U.S.C. 6703(1)</xref>, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, <ph outputclass="CFR" class="- topic/ph ">29 CFR Part 531</ph>. However, the amount of credit shall not exceed $1.34 per hour beginning January 1,1981. To use this provision—</p>
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