Wage_Determination.pdf

WD 15‐5573 (Rev.‐6) was first posted on www.wdol.gov on 08/14/2018

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015‐5573

Daniel W. Simms Division of | Revision No.: 6

Director Wage Determinations| Date Of Revision: 08/03/2018

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Service Contract

Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts

State: Oregon

Area: Oregon Counties of Marion, Polk

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE ‐ TITLE FOOTNOTE

RATE

14000 ‐ Information Technology Occupations

14041 ‐ Computer Operator I 16.61

14042 ‐ Computer Operator II 18.58

14043 ‐ Computer Operator III 20.71

14044 ‐ Computer Operator IV 23.01

14045 ‐ Computer Operator V 25.49

14071 ‐ Computer Programmer I (see 1) 22.44

14072 ‐ Computer Programmer II (see 1)

14073 ‐ Computer Programmer III (see 1)

14074 ‐ Computer Programmer IV (see 1)

14101 ‐ Computer Systems Analyst I (see 1)

14102 ‐ Computer Systems Analyst II (see 1)

14103 ‐ Computer Systems Analyst III (see 1)

14150 ‐ Peripheral Equipment Operator 16.61

14160 ‐ Personal Computer Support Technician 23.01

14170 ‐ System Support Specialist 29.68

30000 ‐ Technical Occupations

30010 ‐ Air Traffic Control Specialist, Center (HFO) (see 2) 40.52

30011 ‐ Air Traffic Control Specialist, Station (HFO) (see 2) 27.94

30012 ‐ Air Traffic Control Specialist, Terminal (HFO) (see 2) 30.77

30021 ‐ Archeological Technician I 17.22

30022 ‐ Archeological Technician II 19.26

30023 ‐ Archeological Technician III 23.87

30030 ‐ Cartographic Technician 23.87

30040 ‐ Civil Engineering Technician 31.38

30051 ‐ Cryogenic Technician I 26.43

30052 ‐ Cryogenic Technician II 29.20

30061 ‐ Drafter/CAD Operator I 17.22

30062 ‐ Drafter/CAD Operator II 19.26

30063 ‐ Drafter/CAD Operator III 21.48

30064 ‐ Drafter/CAD Operator IV 26.43

30081 ‐ Engineering Technician I 16.14

30082 ‐ Engineering Technician II 18.13

30083 ‐ Engineering Technician III 20.29

30084 ‐ Engineering Technician IV 25.76

30085 ‐ Engineering Technician V 31.76

30086 ‐ Engineering Technician VI 37.19

30090 ‐ Environmental Technician 23.87

30095 ‐ Evidence Control Specialist 23.87

30210 ‐ Laboratory Technician 21.48

30221 ‐ Latent Fingerprint Technician I 26.43

30222 ‐ Latent Fingerprint Technician II 29.20

30240 ‐ Mathematical Technician 23.87

30361 ‐ Paralegal/Legal Assistant I 21.04

30362 ‐ Paralegal/Legal Assistant II 26.07

30363 ‐ Paralegal/Legal Assistant III 31.89

30364 ‐ Paralegal/Legal Assistant IV 38.58

30375 ‐ Petroleum Supply Specialist 29.20

30390 ‐ Photo‐Optics Technician 23.87

30395 ‐ Radiation Control Technician 29.20

30461 ‐ Technical Writer I 23.87

30462 ‐ Technical Writer II 29.20

30463 ‐ Technical Writer III 35.32

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal

Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after

January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member

(or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.48 per hour or $179.20 per week or $776.53 per month

HEALTH & WELFARE EO 13706: $4.18 per hour, or $167.20 per week, or $724.53 per month*

*This rate is to be used only when compensating employees for performance on an SCA‐covered contract also covered by EO 13706, Establishing Paid Sick

Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility.

(Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin

Luther

King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

(A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR

4.174)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE

FOLLOWING:

1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541.

Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than

$455 per week) an hour would likely qualify as exempt computer professionals, (29

C.F.R. 541.

400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds

$27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer

Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.

Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:

(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;

(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the

"Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.

** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE,

Standard

Form 1444 (SF‐1444) **

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See

29 CFR

4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees

(See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification.

Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF‐1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the U.S.

Department of Labor, Wage and Hour Division, for review (See 29 CFR

4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour Division's decision to the contractor.

6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See

29 CFR 4.6(b)(2)(iii)).

Information required by the Regulations must be submitted on SF‐1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of

Occupations" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination.

Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1)).