For Arizona Prevailing Wage public works projects, Special Prevailing Wage Determinations should be requested from the Wage and Hour Division by the Contracting Officer or Agency. Please be advised that Davis-Bacon Act provisions contain a conformance procedure for the purpose of establishing an enforceable wage and benefit rate for missing/unlisted classifications. A contractor must initiate the request by submitting a Request for Authorization of Additional Classification and Rate (SF1444) to the Contracting Officer or Agency. More information can be found on the federal Wage and Hour Division’s website: http://www.dol.gov/whd/recovery/dbsurvey/conformance.htm
To request a project wage determination for your AZ Prevailing Wage project, a Standard Form 308 (SF-308) “Request for Determination and Response to Request” should be used by the agency (normally a federal agency). The completed SF-308 should be sent to: U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, Branch of Construction Wage Determinations, Washington, D.C. 20210. It is critical that you act on any Special Prevailing Wage Decision in a timely manner as project decisions are applicable only to the particular project for which they are issued and are effective for 180 days. If a project decision is not used in the period of its effectiveness, it is void.
Special Prevailing Wage Determinations are generally requested PRIOR to bid. However, AZ employers who have already begun work on a Davis Bacon project where a special determination has been requested but not granted must pay no less than the wage and benefit rates listed on the general Davis-Bacon wage decision for the lowest specialized trade that most closely resembles the trade in question.
For example, if you are a carpentry contractor and you cannot find the carpenters listed on the decision, you must find another specialized trade (like plumbing) and must not pay lower than that trade’s prevailing wage. Once the special determination is provided, if you paid lower than what was decided upon, you must correct your payroll accordingly.