U.S. DEPARTMENT OF JUSTICE / IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) - 2015

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BROIGSA-15.0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts (W) Tha final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting Officer who shall promptly notify the contractor of the action taken, Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part: of the wage determination. (iv)(A) The process of establishing wage and fringe benefit rates that bears a reasonable relatiOnship to those listed in a wage deternination cannot be [[Page 41]] reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices, which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained betweenjob classifications based on the skill required and the duties performed. (B) In the case of a Contract/IGSA modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a Contract/IGSA under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe bOMEe s specified for all classifications to be used on the Contract/IGSA which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage deteunmfnation. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of Contract/IGSA work by the unlisted class of employees, the contractor shall advise the contracting officer of the action taken but the other proced res in ,paragraph (b) (2) (ii) of this section need not be followed. (C) No employee engaged in performing work on this Contract/10SA shall in any event be paid less than the currently applicable minimum, wage speoified under section 6(a) (1) of the Fair Labor Standards Act of 1938, as amended. (v) The wage rate and fringe benefits finally determined pursaaut to paragraphs (b)(2)(i) and (ii) of this section shall be paid to all employees performing in the classification from the first day on which Con.tract/1GSA work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or finally determinedby tho Wage and Hour Division retroactive to the date such class of employees commenced Contract/1GSA work shall be a violation of the Act and this contract,(vi) Upon discovery of failure to comply with paragraphs (b)(2)(i) through (v) Of this section, the Wage slid Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class Of employees commenced Coatract/IGSA work. (3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this Contract/10SA is more than I year, the minimurn monetary wages and fringe benefits required to be paid or fuunishod there under to service employees shall be subject to adjustment after 1 year and not less often than once every 2 years, pursuant to wage Page 2 of 8