Common use of Obtaining Wage Determinations Clause in Contracts

Obtaining Wage Determinations. (1) Unless otherwise instructed by EPA on a project specific basis, the recipients shall use DOL General Wage Classifications for the locality in which the construction activity subject to DB will take place. Recipients must obtain proposed wage determinations for specific localities at XXX.xxx. If the recipient is a non-governmental entity, after the recipient obtains its proposed wage determination, it must submit the wage determination to Regional Xxxxx Xxxxx Coordinator [Xxxxxxx Xxxxxxxx, xxxxxxxx.xxxxxxx@xxx.xxx], for approval prior to inserting the wage determination into a solicitation, contract or before issuing task orders, work assignments, or similar instruments to existing contractors (ordering instruments) unless subsequently directed otherwise by EPA’s Award Official. Note: Recipients must discuss unique situations that may not be covered by the DOL General Wage Classifications with EPA. If, based on discussions with a recipient, EPA determines that DB applies to a unique situation (e.g., unusually extensive excavation) the Agency will advise the recipient which General Wage Classification to use based on the nature of the construction activity at the site. (2) Recipients shall obtain the wage determination for the locality in which a Community Grants activity subject to DB will take place prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the recipient shall monitor XXX.xxx on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The recipient shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e., bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the recipient may request a finding from EPA that there is not a reasonable time to notify interested contractors of the modification of the wage determination. EPA will provide a report of the Agency’s finding to the recipient. (ii) If the recipient does not award the contract within 90 days of the closure of the solicitation, any modifications DOL makes to the wage determination contained in the solicitation shall be effective unless EPA, at the request of the recipient, obtains an extension of the 90-day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The recipient shall monitor XXX.xxx on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (iii) If the recipient carries out a Community Grants activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the recipient shall insert the appropriate DOL wage determination from XXX.xxx into the ordering instrument. (3) Recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (4) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a recipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the recipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract or ordering instrument by change order. The recipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised wage determination.

Obtaining Wage Determinations. (1a) Unless otherwise instructed by EPA on a project specific basis, the recipients Recipient shall use the following DOL General Wage Classifications for the locality in which the construction activity subject to DB will take place. Recipients must obtain proposed wage determinations for specific localities at XXX.xxx. If the recipient is a non-governmental entitywww.wqjgov. (i) When soliciting competitive contracts, after the recipient obtains its proposed wage determination, it must submit the wage determination to Regional Xxxxx Xxxxx Coordinator [Xxxxxxx Xxxxxxxx, xxxxxxxx.xxxxxxx@xxx.xxx], for approval prior to inserting the wage determination into a solicitation, contract awarding new contracts or before issuing task orders, work assignments, assignments or similar instruments to existing contractors (ordering instruments) unless subsequently directed otherwise for installing piping to connect households or businesses to public water systems or replacing public water system supply well(s) and associated piping, including soil excavation/replacement, the Recipients shall use the "Heavy Construction" Classification. (ii) When soliciting competitive contracts, awarding new contracts, or issuing ordering instruments for soil excavation/replacement, tank removal, and restoring the area by EPA’s Award Officialpaving or pouring concrete when the soil excavation/ replacement occurs in conjunction with both tank removal and paving or concrete replacement at current or former service station sites, hospitals, fire stations, industrial or freight terminal facilities, or other sites that are associated with a facility that is not used solely for the underground storage of fuel or other contaminant the Recipient shall use the "Building Construction" classification. (iii) When soliciting competitive contracts, awarding new contracts or issuing ordering instruments for soil excavation/replacement, tank removal, and restoring the area by paving or pouring concrete when the soil excavation/ replacement occurs in conjunction with both tank removal and paving or concrete replacement at a facility that is used solely for the underground storage of fuel or other contaminant the Recipient shall use the “Heavy Construction" classification. Note: Recipients must discuss unique situations that may not be covered by the DOL General Wage Classifications described above with EPA. If, based on discussions with a recipientRecipient, EPA determines that DB applies to a unique situation (e.g., e.g. unusually extensive excavation) the Agency will advise the recipient Recipient which General Wage Classification to use based on the nature of the construction activity at the site. (2b) Recipients shall obtain the wage determination for the locality in which a Community Grants Brownfields cleanup activity subject to DB will take place prior to issuing requests for bids, proposals, quotes, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage wages determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (iI) While the solicitation remains open, the recipient Recipient shall monitor XXX.xxx www.wdoI .go on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The recipient Recipient shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e., i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the recipient Recipient may request a finding from EPA that there is not a reasonable time to notify interested contractors of the modification of the wage determination. EPA will provide a report of the Agency’s 's finding to the recipientRecipient. (ii) If the recipient does not award the contract within 90 days of the closure of the solicitation, any modifications DOL makes to the wage determination contained in the solicitation shall be effective unless EPA, at the request of the recipient, obtains an extension of the 90-day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The recipient shall monitor XXX.xxx on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (iii) If the recipient carries out a Community Grants activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the recipient shall insert the appropriate DOL wage determination from XXX.xxx into the ordering instrument. (3) Recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (4) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a recipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the recipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract or ordering instrument by change order. The recipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised wage determination.

Obtaining Wage Determinations. (1a) Unless otherwise instructed by EPA on a project specific basis, the recipients Contractor shall use the following DOL General Wage Classifications for the locality in which the construction activity subject to DB will take place. Recipients Contractors must obtain proposed wage determinations for specific localities at XXX.xxx. If the recipient is a non-governmental entity, after the recipient obtains its proposed wage determination, it must submit the wage determination to Regional Xxxxx Xxxxx Coordinator [Xxxxxxx Xxxxxxxx, xxxxxxxx.xxxxxxx@xxx.xxx], for approval prior to inserting the wage determination into a solicitation, contract xxxxx://xxxx.xxx.gov/. (i) When soliciting competitive contracts or before issuing task orders, work assignments, assignments or similar instruments to existing contractors (ordering instruments) unless subsequently directed otherwise by EPA’s Award Officialfor, the excavation and removal of hazardous substances, construction of caps, barriers, and similar activities that do not involve construction of buildings Contractor shall use the “Heavy Construction” Classification. (ii) When soliciting competitive contracts or issuing ordering instruments for the construction of structures which house treatment equipment, and abatement of contamination in buildings (other than residential structures less than 4 stories in height) Contractor shall use “Building Construction” classification. (iii) When soliciting competitive contracts or issuing ordering instruments for the abatement of contamination in residential structures less than 4 stories in height the Contractor shall use “Residential Construction” classification. Note: Recipients Contractor must discuss unique situations that may not be covered by the DOL General Wage Classifications described above with the City and, at the City’s discretion, EPA. If, based on discussions with a recipientContractor and City, EPA determines that DB applies to a unique situation (e.g., unusually extensive excavation) the Agency will advise the recipient Contractor and City which General Wage Classification to use based on the nature of the construction activity at the site. (2b) Recipients Contractor shall obtain the wage determination for the locality in which a Community Grants Brownfields cleanup activity subject to DB will take place prior to issuing requests for bids, proposals, quotes, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the recipient Contractor shall monitor XXX.xxx xxxxx://xxxx.xxx.gov/ on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The recipient Contractor shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e., i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the recipient may Contractor may, with the City’s consent, request a finding from EPA that there is not a reasonable time to notify interested contractors of the modification of the wage determination. EPA will provide a report of the Agency’s finding to the recipientCity. (ii) If the recipient Contractor does not award the contract within 90 days of the closure of the solicitation, any modifications DOL makes to the wage or determination contained in the solicitation shall be effective unless EPA, at the request of the recipientCity, obtains an extension of the 90-day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The recipient Contractor shall monitor XXX.xxx xxxxx://xxxx.xxx.gov/ on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (iii) If the recipient Contractor carries out a Community Grants Xxxxxxxxxx cleanup activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the recipient Contractor shall insert the appropriate DOL wage determination from XXX.xxx xxxxx://xxxx.xxx.gov/ into the ordering instrument. (3c) Recipients Contractor shall provide to the City for review all subcontracts subject to DB entered into by prime contractors the Contractor to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (4d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a recipientContractor’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the recipient Contractor has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the recipient Contractor shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract or ordering instrument by change order. The recipient’s contractor Contractor must be compensated compensate subcontractors for any increases in wages resulting from the use of DOL’s revised wage determination.

Obtaining Wage Determinations. (1a) Unless otherwise instructed by EPA on a project specific basisbasis , the recipients Recipient shall use the following DOL General Wage Classifications for the locality in which the construction activity subject to DB will take placeplace . Recipients must obtain proposed wage determinations for specific localities at XXX.xxx. If the recipient is a non-governmental entity, after the recipient obtains its proposed wage determination, it must submit the wage determination to Regional Xxxxx Xxxxx Coordinator [Xxxxxxx Xxxxxxxx, xxxxxxxx.xxxxxxx@xxx.xxx], for approval prior to inserting the wage determination into a solicitation, contract xxx.xxxx.xxx. (i) When soliciting competitive contracts or before issuing task ordersorders , work assignments, assignments or similar instruments to existing contractors (ordering instruments) unless subsequently directed otherwise by EPA’s Award Officialfor, the excavation and removal of hazardous substances , construction of caps, barriers, and similar activities that do not involve construction of buildings Recipient shall use the “Heavy Construction” Classification. (ii) When soliciting competitive contracts or issuing ordering instruments for the construction of structures which house treatment equipment , and abatement of contamination in buildings (other than residential structures less than 4 stories in height) Recipient shall use “Building Construction” classification. (iii) When soliciting competitive contracts or issuing ordering instruments for the abatement of contamination in residential structures less than 4 stories in height the Recipient shall use “Residential Construction” classification. Note: Recipients must discuss unique situations that may not be covered by the DOL General Wage Classifications described above with EPAEPA . If, based on discussions with a recipientRecipient, EPA determines that DB applies to a unique situation (e.g., unusually extensive excavation) the Agency will advise the recipient Recipient which General Wage Classification to use based on the nature of the construction activity at the sitesite . . (2b) Recipients shall obtain the wage determination for the locality in which a Community Grants Brownfields cleanup activity subject to DB will take place prior to issuing requests for bids, proposals, quotes, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contractscontracts . Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains openopen , the recipient Recipient shall monitor XXX.xxx xxx.xxxx.xxx. on a weekly basis to ensure that the wage determination contained in the solicitation remains currentcurrent . The recipient Recipient shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e., i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing datedate , the recipient Recipient may request a finding from EPA that there is not a reasonable time to notify interested contractors of the modification of the wage determinationdetermination . EPA will provide a report of the Agency’s finding to the recipientRecipient . (ii) If the recipient Recipient does not award the contract within 90 days of the closure of the solicitation, any modifications DOL makes to the wage or determination contained in the solicitation shall be effective unless EPAEPA , at the request of the recipientRecipient , obtains an extension of the 90-90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The recipient Recipient shall monitor XXX.xxx xxx.xxxx.xxx on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain currentcurrent . (iii) If the recipient Recipient carries out a Community Grants Xxxxxxxxxx cleanup activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the recipient Recipient shall insert the appropriate DOL wage determination from XXX.xxx xxx.xxxx.xxx into the ordering instrument. (3c) Recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinationsdeterminations . (4d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a recipientRecipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the recipient Recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the recipient Recipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract or ordering instrument by change orderorder . The recipientRecipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised wage determinationdetermination .

Obtaining Wage Determinations. (1) Unless otherwise instructed by EPA on a project specific basis, the recipients shall use DOL General Wage Classifications for the locality in which the construction activity subject to DB will take place. Recipients must obtain proposed wage determinations for specific localities at XXX.xxx. If the recipient is a non-governmental entity, after the recipient obtains its proposed wage determination, it must submit the wage determination to Regional Xxxxx Xxxxx Coordinator [Xxxxxxx XxxxxxxxXxxxxxxxxx Xxxxx, xxxxxxxx.xxxxxxx@xxx.xxxxxxxx.xxxxxxxxxx@xxx.xxx], for approval prior to inserting the wage determination into a solicitation, contract or before issuing task orders, work assignments, or similar instruments to existing contractors (ordering instruments) unless subsequently directed otherwise by EPA’s Award Official. Note: Recipients must discuss unique situations that may not be covered by the DOL General Wage Classifications with EPA. If, based on discussions with a recipient, EPA determines that DB applies to a unique situation (e.g., unusually extensive excavation) the Agency will advise the recipient which General Wage Classification to use based on the nature of the construction activity at the site. (2) Recipients shall obtain the wage determination for the locality in which a Community Grants San Francisco Bay Water Quality Improvement Fund grant activity subject to DB will take place prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the recipient shall monitor XXX.xxx on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The recipient shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e., bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the recipient may request a finding from EPA that there is not a reasonable time to notify interested contractors of the modification of the wage determination. EPA will provide a report of the Agency’s finding to the recipient. (ii) If the recipient does not award the contract within 90 days of the closure of the solicitation, any modifications DOL makes to the wage determination contained in the solicitation shall be effective unless EPA, at the request of the recipient, obtains an extension of the 90-day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The recipient shall monitor XXX.xxx on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (iii) If the recipient carries out a Community Grants San Francisco Bay Water Quality Improvement grant activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the recipient shall insert the appropriate DOL wage determination from XXX.xxx into the ordering instrument. (3) Recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (4) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a recipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the recipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract or ordering instrument by change order. The recipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised wage determination.

Obtaining Wage Determinations. (1a) Unless otherwise instructed by EPA on a project specific basis, the recipients CAR shall use the following DOL General Wage Classifications for the locality in which the construction activity subject to DB will take place. Recipients CARs must obtain proposed wage determinations for specific localities at XXX.xxx. If the recipient is a non-governmental entityxxxxx://xxxx.xxx.gov/. (i) When soliciting competitive contracts, after the recipient obtains its proposed wage determination, it must submit the wage determination to Regional Xxxxx Xxxxx Coordinator [Xxxxxxx Xxxxxxxx, xxxxxxxx.xxxxxxx@xxx.xxx], for approval prior to inserting the wage determination into a solicitation, contract awarding new contracts or before issuing task orders, work assignments, assignments or similar instruments to existing contractors (ordering instruments), the CAR shall use the “Heavy Construction” classification for the following activities: Hazardous substances contamination: excavation and removal of hazardous substances, construction of caps, barriers, and similar activities that do not involve construction of buildings. Petroleum contamination: installing piping to connect households or businesses to public water systems or replacing public water system supply well(s) unless subsequently directed otherwise and associated piping, including soil excavation/replacement. (ii) When soliciting competitive contracts, awarding new contracts, or issuing ordering instruments, the CAR shall use the “Building Construction” classification for the following activities: Hazardous substances contamination: construction of structures which house treatment equipment, and abatement of contamination in buildings (other than residential structures less than 4 stories in height). Petroleum contamination: soil excavation/replacement, tank removal, and restoring the area by EPA’s Award Officialpaving or pouring concrete when the soil excavation/replacement occurs in conjunction with both tank removal and paving or concrete replacement at current or former service station sites, hospitals, fire stations, industrial or freight terminal facilities, or other sites that are associated with a facility that is not used solely for the underground storage of fuel or other contaminant. (iii) When soliciting competitive contracts, awarding new contracts or issuing ordering instruments for soil excavation/replacement, tank removal, and restoring the area by paving or pouring concrete when the soil excavation/replacement occurs in conjunction with both tank removal and paving or concrete replacement at a facility that is used solely for the underground storage of fuel or other contaminant the CAR shall use the “Heavy Construction” classification. (Only applies to petroleum contamination.) (iv) When soliciting competitive contracts, awarding new contracts or issuing ordering instruments for the abatement of contamination in residential structures less than 4 stories in height the CAR shall use “Residential Construction” classification. (Only applies to hazardous substances contamination.) Note: Recipients CARs must discuss unique situations that may not be covered by the DOL General Wage Classifications described above with EPA. If, based on discussions with a recipientCAR, EPA determines that DB applies to a unique situation (e.g., unusually extensive excavation) the Agency will advise the recipient CAR which General Wage Classification to use based on the nature of the construction activity at the site. (2b) Recipients CARs shall obtain the wage determination for the locality in which a Community Grants Brownfields cleanup activity subject to DB will take place prior to issuing requests for bids, proposals, quotes, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the recipient CAR shall monitor XXX.xxx xxxxx://xxxx.xxx.gov/ on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The recipient CAR shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e., i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the recipient CAR may request a finding from EPA that there is not a reasonable time to notify interested contractors of the modification of the wage determination. EPA will provide a report of the Agency’s 's finding to the recipientCAR. (ii) If the recipient CAR does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless EPA, at the request of the recipientCAR, obtains an extension of the 90-day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The recipient CAR shall monitor XXX.xxx xxxxx://xxxx.xxx.gov/ on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (iii) If the recipient CAR carries out a Community Grants Brownfields cleanup activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the recipient CAR shall insert the appropriate DOL wage determination from XXX.xxx xxxxx://xxxx.xxx.gov/ into the ordering instrument. (3c) Recipients CARs shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (4d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a recipient’s CAR's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the recipient CAR has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the recipient CAR shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s 's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The recipient’s CAR's contractor must be compensated for any increases in wages resulting from the use of DOL’s XXX's revised wage determination.

Obtaining Wage Determinations. (1) Unless otherwise instructed by EPA on a project specific basis, the recipients shall use DOL General Wage Classifications for the locality in which the construction activity subject to DB will take place. Recipients must obtain proposed wage determinations for specific localities at XXX.xxx. If the recipient is a non-governmental entity, after the recipient obtains its proposed wage determination, it must submit the wage determination to Regional Xxxxx Xxxxx Coordinator [Xxxxxxx Xxxxxxxx, xxxxxxxx.xxxxxxx@xxx.xxx]XXX_Xxxxxx_Xxxx@xxx.xxx, for approval prior to inserting the wage determination into a solicitation, contract or before issuing task orders, work assignments, or similar instruments to existing contractors (ordering instruments) unless subsequently directed otherwise by EPA’s Award Official. Note: Recipients must discuss unique situations that may not be covered by the DOL General Wage Classifications with EPA. If, based on discussions with a recipient, EPA determines that DB applies to a unique situation (e.g., unusually extensive excavation) the Agency will advise the recipient which General Wage Classification to use based on the nature of the construction activity at the site. (2) Recipients shall obtain the wage determination for the locality in which a Community Grants activity subject to DB will take place prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the recipient shall monitor XXX.xxx on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The recipient shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e., bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the recipient may request a finding from EPA that there is not a reasonable time to notify interested contractors of the modification of the wage determination. EPA will provide a report of the Agency’s finding to the recipient. (ii) If the recipient does not award the contract within 90 days of the closure of the solicitation, any modifications DOL makes to the wage determination contained in the solicitation shall be effective unless EPA, at the request of the recipient, obtains an extension of the 90-day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The recipient shall monitor XXX.xxx on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (iii) If the recipient carries out a Community Grants activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the recipient shall insert the appropriate DOL wage determination from XXX.xxx into the ordering instrument. (3) Recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (4) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a recipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the recipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract or ordering instrument by change order. The recipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised wage determination.