ploying administration, bureau, or office shall initiate appropriate remedial action under § 0.735-3 and other applicable laws, orders, and regulations. Pending any final determination with regard to an employee's statement of employment and financial interests, the head of the employing administration, bureau, or office shall relieve the employee of any duties which appear to conflict with a private interest or activity and assign him other duties. § 0.735-22 Statements of top staff and certain other employees. Statements of employment and financial interests submitted by the heads of administrations, bureaus, offices, Presidential appointees, members of boards or commissions appointed by the Secretary, the heads of subdivisions within the Office of the Secretary which are not a part of larger administrative subdivisions within such Office, and employees in the immediate Office of the Secretary will be reviewed by the Secretary or the individual designated by him. Statements of employment and financial interests submitted by employees in the Office of the Secretary other than those specified above, will be reviewed by the head of the employing subdivision within such office which is not a part of a larger subdivision in accordance with § 0.735-21. § 0.735-23 Confidentiality. The Department shall hold each statement of employment and financial interests and supplementary statements in confidence. Statements shall be kept in a special file maintained by the head of the administration, bureau, office or other official responsible for review in such administrative subdivision of the Department where the individual is employed. No statement or copy thereof may be placed in an employee's personnel file. The official responsible for review of a statement is also responsible for maintaining the statement in confidence and shall not allow an individual to examine any statement or copy thereof without the approval of the Solicitor for good cause shown, except in fulfillment of his responsibilities under the regulations in this part. No information from a statement of employment and financial interests may be disclosed outside of the Department of Labor except as the Secretary, or the Civil Service Commission may determine for good cause shown. § 0.735-24 Review of files. The Solicitor or his designee may from time to time examine the files containing statements of employment and financial interests and supplementary statements, including those approved by the heads of administrations, bureaus, or offices. He shall report any conflict discovered thereby to the appropriate Department official. § 0.735-25 Interests of employees' relatives. For the purpose of the statements of employment and financial interests required by this subpart, the interest of a spouse, minor child, or other member of the employee's immediate household is considered to be an interest of the employee. For the purpose of this section, "member of an employee's immediate household" means those blood relations who are residents of the employee's household. § 0.735-26 Information not known by employees. If any information required to be included on a statement of employment and financial interests or supplementary statement, including holdings placed in trust, is not known to the employee but is known to another person, the employee shall request that other person to submit information in his behalf. § 0.735-27 Information not required. This subpart does not require an employee to submit on a statement of employment and financial interests or supplementary statement any information relating to the policy holdings in an insurance company and the stock or bond holdings in a mutual fund, investment company, or bank: Provided, That in the case of a mutual fund, investment company, or bank, the fair value of such stock or bond holding does not exceed one percent of the value of the reported assets of the mutual fund, investment company, or bank. In addition, this subpart does not require submission of information relating to the employee's connection with, or interest in, a professional society or charitable, religious, social, fraternal, recreational, public service, civic, or political organization, or a similar organization not conducted as a business enterprise. For the purpose of this section, educational and other institutions doing research and development or related work involving grants of money from or contracts with the Government are deemed "business enterprises" and are required to be included in an em- ployee's statement of employment and $0.735-28 Effect of employees' state- The statement of employment and financial interests and supplementary statements required of employees are in addition to, and not in substitution for, or in derogation of, any similar require- ments imposed by law, order, or regula- tion. The submission of a statement or supplementary statement by an employee does not permit him or any other per- son to participate in a matter in which his or the other person's participation is prohibited by law, order, or regulation. Attention of the employees of the Depart- ment of Labor is hereby directed to the fol- (a) House Concurrent Resolution 175, 85th Congress, second session, 72A Stat, B12, the "Code of Ethics for Government Service." (b) Chapter 11 of title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to the employees (c) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913). (d) The prohibition against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918). (e) The prohibition against the employ- ment of a member of a Communist organiza- (f) The prohibitions against (1) the dis- closure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (2) the disclosure of confidential information (18 U.S.C. 1905). (g) The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 7352). (h) The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a(c)). (1) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719). (1) The prohibition against the use of deceit in an examination or personnel action in connection with Government employ- (k) The prohibition against fraud or false statements in a Government matter (18 (1) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071). (m) The prohibition against counterfeit- ing and forging transportation requests (18 erty (18 U.S.C. 641); (2) failing to account for public money (18 U.S.C. 643); and (3) embezzlement of the money or property of another person in the possession of an em- ployee by reason of his employment (18 U.S.C. (0) The prohibition against unauthorized use of documents relating to claims from or (p) The prohibition against political activities in subchapter III of chapter 73 of title 5, United States Code and 18 U.S.C. (q) The prohibition against an employee acting as the agent of a foreign principal AUTHORITY: The provisions of this Part 1 (a) The procedural rules in this part apply under the Davis-Bacon Act (46 Stat. 1494, as amended; 40 U.S.C. 276a276a-7) and other statutes listed in Appendix A to this part which provide for the payment of minimum wages, including fringe benefits, to laborers and mechanics engaged in construction activity under contracts entered into or financed by or with the assistance of agencies of the United States or the District of Columbia, based on determinations by the Secretary of Labor of the wage rates and fringe benefits prevailing for the corresponding classes of laborers and mechanics employed on projects similar to the contract work in the local areas where such work is to be performed. Functions of the Secretary of Labor under these statutes and under Reorganization Plan No. 14 of 1950 (64 Stat. 1267, 5 U.S.C. Appendix), except those assigned to the Wage Appeals Board (see 29 CFR Part 7), are assigned to the Assistant Secretary of Labor for Employment Standards and his delegees in the Employment Standards Administration of the U.S. Department of Labor. (b) The regulations in this part set forth the procedures for making and applying such determinations of prevailing wage rates and fringe benefits pursuant to the Davis-Bacon Act, each of the other statutes listed in the Appendix A, any other Federal statute providing for determinations of such wages by the Secretary of Labor in accordance with the provisions of the Davis-Bacon Act, and such other statutes as may, from time to time, confer upon the Secretary of Labor similar wage determining authority. (c) Procedures set forth in this part are applicable, unless otherwise indicated, both to general wage determination decisions published in the FEDERAL REGISTER for general use in specified localities for contracts to be performed there, and to project wage determination decisions for use on contract work to be performed on a specific project. (1) The rate of wages paid in the area in which the work is to be performed, to the majority of those employed in that classification in construction in the area similar to the proposed undertaking; (2) In the event that there is not a majority paid at the same rate, then the rate paid to the greater number: Provided, Such greater number constitutes 30 percent of those employed; or (3) In the event that less than 30 percent of those so employed receive the same rate, then the average rate. (b) The term "area" in determining wage rates under the Davis-Bacon Act and the prevailing wage provisions of the other statutes listed in Appendix A shall mean the city, town, village, or other civil subdivision of the State in which the work is to be performed. In determining wage rates pursuant to the FederalAid Highway Acts as codified in 23 U.S.C. 113, the College Housing Act of 1950, and the Federal Water Pollution Control Act, the term "area" shall mean immediate locality of the projects. (c) The term "average rate" for each classification in an area shall mean the rate obtained by adding the hourly rates paid to all workers in the classification and dividing by the total number of such workers. (d) The term "Administrator" shall mean the Deputy Assistant Secretary for Employment Standards, Employment Standards Administration, U.S. Department of Labor, who is also Administrator of the Wage and Hour Division, or his authorized representative as set forth in this part. In the absence of the Deputy Assistant Secretary/Wage Hour Administrator, the Deputy Administrator of the Wage and Hour Division/Director of Office of Wage and Compensation Programs is designated to act for him under this part. Except as otherwise provided 1 These definitions are not intended to restrict the meaning of the terms as used in the applicable statutes. in this part, the Assistant Administrator is the authorized representative of the Administrator for the performance of functions relating to the making and effectuation of wage determinations pursuant to the procedures provided herein. Each Regional Administrator, Employment Standards Administration, is the authorized representative of the Administrator for the performance of functions relating to wage determinations as provided in this part. (e) The term "wages" (and its singular form) has the meaning prescribed in section 1(b) of the Davis-Bacon Act (40 U.S.C. 276a (b)). It includes "other bona fide fringe benefits" than those expressly enumerated in the Act. This permits, among other things, the inclusion of the "bona fide fringe benefits" in prevailing wage determinations under the Act for a particular area when the payment of such fringe benefits constitutes a prevailing practice. In finding whether or not it is the prevailing area practice to pay such fringe benefits, the Administrator shall be guided by the tests of prevalence similar to those prescribed in paragraph (a) of this section. § 1.3 Obtaining and compiling wage rate information. For the purpose of making wage rate determinations, the Administrator shall conduct a continuing program for the obtaining and compiling of wage rate information. (a) The Administrator shall encourage the voluntary submission of wage rate data to the appropriate Regional Office as shown in Appendix B by contractors, contractors' associations, labor organizations, public officials and other interested parties, reflecting wage rates paid to laborers and mechanics on various types of construction in the area. Rates must be determined, among others, for such varying types of projects as buildings, bridges, dams, highways, tunnels, sewers, power lines, railways, airports (building and runways), apartment houses, wharves, levees, canals, dredging, land clearing, and excavating. Accordingly, the information submitted should reflect not only that the specified wage rate or rates are paid to a particular craft in an area, but also the type or types of construction on which such rate or rates are paid. (b) The following types of information will be considered in making wage rate determinations: (1) Statements showing wage rates paid on projects. (Such statements should indicate the names and addresses of contractors, including subcontractors, the locations, approximate costs, dates of construction and types of projects, the number of workers employed in each classification on each project, and the respective wage rates paid such workers.) (2) Signed collective bargaining agreements. (The Administrator may request the parties to an agreement to submit statements certifying to its scope and application.) (3) Wage rates determined for public construction by State and local officials pursuant to prevailing wage legislation. (4) Information furnished by Federal and State agencies. See § 1.5. (In making wage rate determinations pursuant to Federal-Aid Highway Acts as codified in 23 U.S.C. 113, the highway department of the State in which a project in the Interstate System is to be performed shall be consulted. Before making a determination of wage rates for such a project the Administrator shall give due regard to the information thus obtained.) (5) Any other information pertinent to the determination of prevailing wage rates. (c) The Administrator shall supplement such information obtained on a voluntary basis by such means, including the holding of hearings, and from whatever sources he deems necessary. § 1.4 Outline of agency construction programs. To the extent practicable, at the beginning of each fiscal year each agency using wage determinations under any of the various statutes listed in Appendix A shall furnish each Employment Standards Administration Regional Office with a general outline of its proposed construction programs for the coming year in the area covered by that regional office indicating the estimated number of projects for which wage determinations will be required, the anticipated types of construction, and the locations of construction. During the fiscal year, each agency shall notify the Regional Ad ministrator of any significant changes in its proposed construction programs, as outlined at the beginning of the fiscal year. § 1.5 Procedure for requesting wage determinations. (a) (1) The Federal Agency shall initially request a wage determination under the Davis-Bacon Act or any of its related prevailing wage statutes by submitting to the Regional Administrator who has jurisdiction within the geographical area where the applicable project will be performed a completed Standard Form 308. See Appendix B for applicable geographical areas. State highway departments under the Federal-Aid Highway Acts as codified in 23 U.S.C. 113 shall similarly request a wage determination by using Standard Form 308. The agency shall check only those classifications on the applicable form which will be needed in the performance of the work (inserting a note such as "entire schedule" or "all applicable classifications" is not sufficient). Additional classifications needed which are not on the form may be typed in the blank spaces or on a separate list and attached to the form. The agency shall not list classifications which can be fitted into classifications on the form, or classifications which are not generally recognized in the area or in the construction industry. (2) In completing SF-308, the agency shall furnish: (i) A sufficiently detailed description of the work to indicate the type of construction involved. Additional description or separate attachment, if necessary for identification of type of project, shall be furnished. (ii) Location of the proposed project (include distance in miles and direction from the nearest point of reference). (3) Such request for a wage determination shall be accompanied by any pertinent wage payment information which may be available. This information need not accompany a request in areas where the wage patterns are clearly established. When the requesting agency is a State highway department under the FederalAid Highway Acts as codified in 23 U.S.C. 113, such agency shall also include its recommendations as to the wages which are prevailing for each classification of laborers and mechanics on similar construction in the immediate locality. (b) Whenever the wage patterns in a particular area for a particular type of construction are well settled and whenever it may be reasonably anticipated that there will be a large volume of procurement in that area for such a type of construction, the Administrator, upon the request of a Federal agency or in his discretion, may issue a general wage determination when, after consideration of the facts and circumstances involved, he finds that the applicable statutory standards and those of this part will be met. (c) The time required for processing requests for wage determinations varies according to the facts and circumstances in each case. An agency should anticipate that such processing in the Department of Labor will take at least 30 days. § 1.6 Determination of wage rates. In the event that the data compiled under § 1.3 are sufficient to determine the prevailing wage rates, a wage determination decision shall be made as to the wage rates and fringe benefits prevailing in the area in response to requests submitted as provided in § 1.5. If a general wage determination decision is issued as provided in § 1.5(b), it shall be published in the FEDERAL REGISTER. Copies of project wage determinations shall be delivered to the requesting contracting officers through the Regional Offices which originally received the requests. Such wage determination decisions shall be used, and may be modified, superseded, or corrected as provided in § 1.7. § 1.7 Use and effectiveness of wage determinations. (a) (1) Project wage determinations initially issued shall be effective for 120 calendar days from the date of such determinations. If such a wage determination is not used in the period of its effectiveness it is void. If it appears that a wage determination may expire between bid opening and award, the agency should request a new wage determination sufficiently in advance of the bid opening to assure receipt prior thereto. However, when due to unavoidable circumstances a determination expires before award and after bid opening, the Administrator upon a written finding to that effect by the head of the Federal agency in individual cases may extend |