representative, as specified in any attachment to this Subcontract.
If there is such an attachment, any class of service employees which

is not listed therein, but which is to be employed under this Subcon-

tract, shall be classified by the Subcontractor so as to provide a
reasonable relationship between such classifications and those listed
in the attachment, and shall be paid such monetary wages and furnished
such fringe benefits as are determined by agreement of the interested
parties, who shall be deemed to be the Contractor, the Subcontractor,
and the employees who will perform on the Subcontract or their repre~sentatives. If the interested parties do not agree on a classifica-—
tion or reclassification which is, in fact, conformable, the Contractor shall submit the question, together with his recommendation,
to the Office of Special Wage Standards, Employment Standards Adminis—
tration (ESA), of the Department of Labor for final determination.
Failure to pay such employees the compensation agreed upon by the
interested parties or finally determined by the Administrator or his

authorized representative shall be a violation of this Subcontract. No
employee engaged in performing work on this Subcontract shall in any
event be paid less than the minimum wage specified under Section 6(a) (1)
of the Fair Labor Standards Act of 1938, as amended.
2.

Adjustment. If, as authorized pursuant to Section 4(d) of the Service

Contract Act of 1965, as amended, the term of this Subcontract is
more than one year, the minimum monetary wages and fringe benefits re-

quired to be paid or furnished thereunder to service employees shall

be subject to adjustment after one year and not less often than once
every two years, pursuant to wage determinations to be issued by the
Employment Standards Administration of the Department of Labor as
provided in such Act.
3.

Obligation to Furnish Prime Benefits. The Subcontractor or lowertier subcontractor may discharge the obligation to furnish fringe bene-

fits specified in’the attachment or determined conformably thereto by

furnishing any equivalent combinations of fringe benefits, or by making equivalent or differential payments in cash in accordance with the
applicable rules set forth in 29 CFR Part 4, Subparts B and C, and not
otherwise.
4.

Minimum Wage. In the absence of a minimum wage attachment for this
Subcontract, neither the Subcontractor nor any lower-tier subcontrac-—
tor under this Subcontract shall pay any of his employees performing
work under the Subcontract (regardless of whether they are service

employees) less than the minimum wage specified by Section 6(a)(1) of

the Fair Labor Standards Act of 1938. Nothing in this provision shall

relieve the Subcontractor or any lower-tier subcontractor of any other

obligation under law or subcontract for the payment of a higher wage
to any employee.

5.

Obligations Attributable to Predecessor Subcontracts. If this Subcontract succeeds a subcontract, subject to the Service Contract Act
1965, as amended, under which substantially the same services were
furnished and service employees were paid wapes and fringe benefits

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