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Content Last Revised: 12/30/96 |
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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Office of the Secretary of Labor |
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| Labor Standards for Federal Service Contracts |
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| Wage Determination Procedures |
(a) Review by the Administrator. (1) Any interested party affected
by a wage determination issued under section 2(a) of the Act may request
review and reconsideration by the Administrator. A request for review
and reconsideration may be made by the contracting agency or other
interested party, including contractors or prospective contractors and
associations of contractors, representatives of employees, and other
interested Governmental agencies. Any such request must be accompanied
by supporting evidence. In no event shall the Administrator review a
wage determination or its applicability after the opening of bids in the
case of a competitively advertised procurement, or, later than 10 days
before commencement of a contract in the case of a negotiated
procurement, exercise of a contract option or extension. This limitation
is necessary in order to ensure competitive equality and an orderly
procurement process.
(2) The Administrator shall, upon receipt of a request for
reconsideration, review the data sources relied upon as a basis for the
wage determination, the evidence furnished by the party requesting
review or reconsideration, and, if necessary to resolve the matter, any
additional information found to be relevant to determining prevailing
wage rates and fringe benefits in a particular locality. The
Administrator, pursuant to a review of available information, may issue
a new wage determination, may cause the wage determination to be
revised, or may affirm the wage determination issued, and will notify
the requesting party in writing of the action taken. The Administrator
will render a decision within 30 days of receipt of the request or will
notify the requesting party in writing within 30 days of receipt that
additional time is necessary.
(b) Review by the Administrative Review Board. Any decision of the
Administrator under paragraph (a) of this section may be appealed to the
Administrative Review Board within 20 days of issuance of the
Administrator's decision. Any such appeal shall be in accordance with
the provisions of part 8 of this title.
[48 FR 49762, Oct. 27, 1983. Redesignated at 61 FR 68664, Dec. 30, 1996]