<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 21.11.11.03" title_num="21" subtitle_num="11" chapter_num="11" heading="Compilation of Wage Rate Determination.">
  <paragraph num="A.">
    <text>The Commissioner shall conduct ongoing surveys to obtain and compile wage rate information.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Commissioner shall encourage contractors, contractors' associations, labor organizations, public officials, and other interested parties to submit voluntarily data detailing wage rates paid to workers on various types of construction in all localities. The following apply:</text>
    <paragraph num="(1)">
      <text>Rates are determined for various types of construction, such as buildings, bridges, dams, highways, tunnels, sewers, powerlines, railways, airport buildings and runways, wharves, levees, canals, dredging, landing clearing, and excavating;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A submission shall state the:</text>
      <paragraph num="(a)">
        <text>Locality;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Wage rate or rates paid to a particular trade or craft in that locality; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Type of construction for which the rate or rates are paid.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The following information shall be considered in making a wage rate determination:</text>
    <paragraph num="(1)">
      <text>Payrolls and certified statements setting forth wage rates paid on other projects, and including the:</text>
      <paragraph num="(a)">
        <text>Names and addresses of the contractors and subcontractors;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Nature of the project;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Dates, location, and approximate cost of the project;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Number of workers employed in each classification on the project; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Wage rates and fringe benefits paid to the workers in each classification;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Signed collective bargaining agreements that include, upon request by the Commissioner, a certificate from the parties describing the agreement's scope and application; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Public construction wage rates previously determined by federal and local officials pursuant to prevailing wage legislation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Fringe Benefits.</text>
    <paragraph num="(1)">
      <text>For the purposes of prevailing wage determinations, wage rates include bona fide fringe benefits when the payment of fringe benefits is a prevailing practice in the particular locality.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>To determine whether payment of fringe benefits is a prevailing practice in the particular locality, the Commissioner shall consider:</text>
      <paragraph num="(a)">
        <text>The wage rate paid to 50 percent or more of the employees in a given construction classification in the locality used to determine the basic hourly rate;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If fewer than 50 percent are paid at the same rate, the wage rate paid to 40 percent or more of the employees in a given construction classification in the locality used to determine the basic hourly rate, or if fewer than 40 percent are paid at the same wage rate, the weighted average rate for employees in a given construction classification in the locality used to determine the basic hourly rate;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The subject matter of signed collective bargaining agreements, if any.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Scope of Consideration.</text>
    <paragraph num="(1)">
      <text>When a determination is made pursuant to State Finance and Procurement Article, §17-208(a)(1), Annotated Code of Maryland:</text>
      <paragraph num="(a)">
        <text>Only information concerning projects currently under construction or completed within 6 months before the date of the request for the determination shall be considered.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Only payrolls for labor used within 12 months before the date of the request for the determination shall be considered.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If there was no construction of a similar character in the locality for the year preceding the date of the request for determination, wage rates applicable to the nearest established locality shall be considered.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>When a determination is made pursuant to State Finance and Procurement Article, §17-209, Annotated Code of Maryland, the Commissioner shall consider:</text>
      <paragraph num="(a)">
        <text>Only information concerning projects currently under construction or completed within 6 months before the date of the 60 days notice given before making the determination;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Only payrolls for labor used within 12 months before the date of the 60 days notice given before making the determination;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If there was no construction of a similar character in the locality for the year preceding the date of the 60 days notice given before making the determination, wage rates applicable to the nearest established locality.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Supplemental Information.</text>
    <paragraph num="(1)">
      <text>If sufficient data is not available to make a determination for those trades and crafts required for the proposed project, a field survey may be conducted in the locality of the proposed project in order to obtain sufficient information upon which to make a wage rate determination.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a field survey is impracticable and available information is inadequate, the Commissioner may hold a hearing to obtain information and data upon which to make a wage rate determination for proposed project.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Supplemental Wage Rate Determination.</text>
    <paragraph num="(1)">
      <text>If a wage rate is not issued for a particular classification or subclassification of workers in a trade or craft, the contractor and subcontractor shall submit, before beginning work, a written statement to the Commissioner listing:</text>
      <paragraph num="(a)">
        <text>The proposed rate of pay and at least three recent jobs of the submitting contractor or subcontractor in the locality of the proposed public work on which the workers in the particular classification or subclassification were paid the proposed rate of pay or less; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If there is not a substantial number of workers engaged in construction of a similar character in the locality, the Commissioner may consider relevant wage data from at least three recent jobs of the submitting contractor or subcontractor in the nearest established locality.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The wage data and proposed rate of pay are subject to the approval of the Commissioner.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Validity of Wage Rate Determinations.</text>
    <paragraph num="(1)">
      <text>A wage determination initially issued under State Finance and Procurement Article, §17-208(a)(1), Annotated Code of Maryland, for a particular public work in a given locality is effective for 1 year from the date of the determination.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a wage determination will expire before the call for contract bids is issued, the contracting public body shall request a new wage determination not less than 60 days before the call for bids.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commissioner shall correct any wage determination included in a contract if the wage determination contains clerical errors.</text>
    </paragraph>
  </paragraph>
</regulation>