FAR 22.406-3—Additional classifications.
Plain-English Summary
FAR 22.406-3 explains how to handle an "additional classification" request under the Construction Wage Rate Requirements clause when a laborer or mechanic will perform work in a classification that is not listed in the applicable wage determination. It covers the contracting officer’s duty to require submission of Standard Form 1444, the review criteria the contracting officer must apply, the two possible paths for forwarding the request to the Department of Labor’s Wage and Hour Division, the Department of Labor’s role in approving, modifying, or disapproving the classification and wage rate, the 30-day action target, the requirement to notify the contractor and post the approved classification and rate, and the special rule for option periods when a classification is missing or no longer listed. In practice, this section is the mechanism for adding a proper wage classification to a construction contract when the existing wage determination does not cover the work. It protects workers by ensuring they are paid at least the correct prevailing wage and fringe benefits, while also giving contractors a formal process to obtain authorization before using an unlisted classification. It matters because failure to follow the conformance process can create wage underpayment, posting violations, and contract administration problems. The section also ensures that the Department of Labor—not the contracting officer alone—makes the final determination on the appropriate classification and wage rate.
Key Rules
Use SF 1444
If a laborer or mechanic will work in a classification not listed in the applicable wage determination, the contracting officer must require the contractor to submit SF 1444, Request for Authorization of Additional Classification and Rate. The form must identify the proposed classification and minimum wage rate, including any fringe benefits.
Apply three review tests
The contracting officer must review the request to confirm that the classification is appropriate, the work is not already covered by another listed classification, the classification is used by the construction industry in the area, and the proposed wage rate and fringe benefits are reasonably related to the rates in the contract wage determination.
Forward agreed requests to DOL
If the criteria are met and the contractor, the affected workers or their representatives, and the contracting officer agree on the proposed classification, the contracting officer must send a report with SF 1444 to the Administrator, Wage and Hour Division, for approval, modification, or disapproval.
Forward disputed or deficient requests
If the parties do not agree, or if the review criteria are not met, the contracting officer must still send a report with SF 1444 to the Administrator, along with the views of all interested parties and the contracting officer’s recommendation, so DOL can determine the proper classification and wage rate.
DOL acts within 30 days
The Administrator, Wage and Hour Division, is expected to complete action within 30 days of receiving the report, or notify the contracting officer that more time is needed. The Department of Labor’s action controls the final conformance decision.
Post and pay from first day
After receiving DOL’s action, the contracting officer must send a copy to the contractor and direct the contractor to post the classification and wage rate as required by the clause. Workers in the affected classification must receive no less than the approved minimum rate from the first day work in that classification was performed.
Use conformance in option periods
For any option to extend the contract term, if a laborer or mechanic will work in a classification that is not listed, or is no longer listed, in the wage determination incorporated into the option, the contracting officer must require a conformance request using the same procedures.
Responsibilities
Contracting Officer
Require SF 1444 when an unlisted classification is needed; review the request against the regulatory criteria; determine whether the contractor and affected workers agree; prepare and submit the report and recommendation to the Administrator, Wage and Hour Division; forward DOL’s decision to the contractor; direct posting of the approved classification and wage rate; ensure the approved rate applies retroactively to the first day the work was performed in that classification; and require conformance requests for option periods when needed.
Contractor
Submit SF 1444 with the proposed additional classification, wage rate, and fringe benefits; provide supporting information; seek agreement with affected workers or their representatives when possible; and, after DOL action, post the classification and wage rate and pay workers at least the approved minimum rate.
Laborers or Mechanics / Their Representatives
Review and, where applicable, agree or disagree with the proposed additional classification and wage rate; provide their views when the request is disputed or when the contracting officer forwards the matter to DOL for determination.
Administrator, Wage and Hour Division
Review the contracting officer’s report and SF 1444; approve, modify, or disapprove the proposed additional classification and wage rate; or determine the appropriate classification and wage rate when the parties do not agree or the criteria are not met; and act within 30 days or notify the contracting officer that additional time is needed.
Agency / Contract Administration Staff
Support timely processing, maintain the wage determination and conformance records, and ensure the contractor complies with posting and wage payment requirements once DOL issues its decision.
Practical Implications
This is the formal path for adding a missing labor classification on a Davis-Bacon construction contract; it is not optional when the work is not covered by the wage determination.
The biggest pitfall is assuming a new title can be used just because it sounds reasonable; the contracting officer must verify that no listed classification already covers the work and that the rate is reasonably related to the wage determination.
Agreement among the contractor, workers, and contracting officer does not by itself make the classification effective; DOL approval, modification, or disapproval is still required.
The approved rate applies back to the first day the work was performed in that classification, so delays can create retroactive wage liability.
Option periods need separate attention: a classification that was acceptable in the base period may be missing or no longer listed in the option’s wage determination, requiring a new conformance request.
Official Regulatory Text
(a) If any laborer or mechanic is to be employed in a classification that is not listed in the wage determination applicable to the contract, the contracting officer, pursuant to the clause at 52.222-6 , Construction Wage Rate Requirements, shall require that the contractor submit to the contracting officer, Standard Form (SF) 1444 , Request for Authorization of Additional Classification and Rate, which, along with other pertinent data, contains the proposed additional classification and minimum wage rate including any fringe benefits payments. (b) Upon receipt of SF 1444 from the contractor, the contracting officer shall review the request to determine whether it meets the following criteria: (1) The classification is appropriate and the work to be performed by the classification is not performed by any classification contained in the applicable wage determination. (2) The classification is utilized in the area by the construction industry. (3) The proposed wage rate, including any fringe benefits, bears a reasonable relationship to the wage rates in the wage determination in the contract. (c) (1) If the criteria in paragraph (b) of this subsection are met and the contractor and the laborers or mechanics to be employed in the additional classification (if known) or their representatives agree to the proposed additional classification, and the contracting officer approves, the contracting officer shall submit a report (including a copy of SF 1444 ) of that action to the Administrator, Wage and Hour Division, for approval, modification, or disapproval of the additional classification and wage rate (including any amount designated for fringe benefits); or (2) If the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed additional classification, or if the criteria are not met, the contracting officer shall submit a report (including a copy of SF 1444 ) giving the views of all interested parties and the contracting officer’s recommendation to the Administrator, Wage and Hour Division, for determination of appropriate classification and wage rate. (d) (1) Within 30 days of receipt of the report, the Administrator, Wage and Hour Division, will complete action and so advise the contracting officer, or will notify the contracting officer that additional time is necessary. (2) Upon receipt of the Department of Labor’s action, the contracting officer shall forward a copy of the action to the contractor, directing that the classification and wage rate be posted in accordance with paragraph (a) of the clause at 52.222-6 and that workers in the affected classification receive no less than the minimum rate indicated from the first day on which work under the contract was performed in the classification. (e) In each option to extend the term of the contract, if any laborer or mechanic is to be employed during the option in a classification that is not listed (or no longer listed) on the wage determination incorporated in that option, the contracting officer must require that the contractor submit a request for conformance using the procedures noted in paragraphs (a) through (d) of this section.