1. (a) Data from wage rate questionnaires shall be compiled and analyzed to determine the prevailing wage rate being paid for the various classifications of labor. Criteria used to determine the prevailing rate shall include the following.

   1. (1) When 50% or more of workers within a given classification are all reported to have received the exact same base rate of pay, that rate will be considered as prevailing.
   2. (2) When more than 50% of workers within a given classification are reported to have received hourly pay rates within $1.00 of each other, the weighted average of these rates will be considered as prevailing. "Weighted average" means the wage rate for a given classification produced by multiplying each rate reported by the number of employees receiving that rate, and dividing the cumulative products by the total number of employees reported for the classification.
   3. (3) When a rate cannot be determined by either paragraph (1) or (2) of this subsection, the weighted average of all reported wages within a given classification will be considered as prevailing.
   4. (4) Both the rate of pay reported and the number of workers receiving that rate will be used in establishing the prevailing rates.
2. (b) The project schedule of prevailing wage rates will be determined in accordance with the procedures of subsection (a) of this section, provided that if federal funds are to be used in any aspect of a particular construction project, the wage rates determined by the United States Department of Labor shall be used for the entire project.

Source Note:The provisions of this §123.33 adopted to be effective September 21, 1979, 4 TexReg 3223; amended to be effective April 20, 1993, 18 TexReg 2299.