Common use of Non-Federal Prevailing Wage Rates Clause in Contracts

Non-Federal Prevailing Wage Rates. (a) Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State or tribal law to be prevailing, with respect to any employee in any trade or position employed under the contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate exceeds: (1) The applicable wage rate determined by the Secretary of Labor pursuant to the Xxxxx-Xxxxx Act (40 U.S.C. 3141 et seq.) to be prevailing in the locality with respect to such trade; (b) An applicable apprentice wage rate based thereon specified in an apprenticeship program registered with the U.S. Department of Labor (DOL) or a DOL- recognized State Apprenticeship Agency; or (c) An applicable trainee wage rate based thereon specified in a DOL-certified trainee program.

Non-Federal Prevailing Wage Rates. (a) Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under State or tribal law to be prevailing, with respect to any employee in any trade or position employed under the contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate exceeds: : (1) The applicable wage rate determined by the Secretary of Labor pursuant to the Xxxxx-Xxxxx Act (40 U.S.C. 3141 et seq.) to be prevailing in the locality with respect to such trade; (b) An applicable apprentice wage rate based thereon specified in an apprenticeship program registered with the U.S. Department of Labor (DOL) or a DOL- recognized State Apprenticeship Agency; or (c) An applicable trainee wage rate based thereon specified in a DOL-certified trainee program.