Pilot Project 2 Lincoln.pdf

Pilot Project 2 (Lincoln)

PILOT PROJECT 2-Lincoln

Project: 16 Springs Fuels Broadcast Burn Prep

SCHEDULE OF ITEMS

Line Item

Item Description

Est.

Quantity

Method of Meas.

Pay Unit

Unit Price

Amount

Machine Fireline

Machine Fuel Break

Mobilization

Miles

Miles

Lump sum

Total Quote $

Signature Date

STATEMENT OF WORK (SOW)

FOR

Sacramento Ranger District – Landscape Reduction Project – 16 Springs Burn Unit

Otero County, New Mexico 2/25/2020

SECTION 1 – GENERAL

The following project, Landscape reduction Project – 16 Springs Burn Unit, is to be awarded as a task order to the R3 Fuels Management IDIQ contract.

1 .1 SCOPE OF WORK. This contract covers work to be completed on The Sacramento Ranger District, on the Lincoln National Forest, Otero County NM. The contractor must provide any and all labor, equipment, supplies, services, permits, and licenses necessary to perform mechanical fireline and mechanical fuel break. The IDIQ specif icat ions for mechanical f ire l ine/fuel break apply unless o therwise noted.

1.1.1 LOCATION DESCRIPTION.

The Landscape Reduction-16 Springs Burn Unit treatment area (see attached map) consists of approximately 23,388.

The topography within the project area consists of west to east running drainages and ridgelines with a few north to south running ridgelines and drainages with slopes percentages ranging from 0-30%. Fuel types in the project area consist of the following: Treated and untreated (logged, thinned, wildfire, prescribed fire) dry Mixed Conifer, Ponderosa Pine, Pinion, Juniper, Gambel oak (sometimes referred to as Shinnery Oak), light logging slash produced from timber sales and pre commercial thinning contracts (all fuel types), Oak trees and a variety shrubs and bushes lie within the project area. Fine fuel loading is light to heavy and is dependent upon monsoon rainfall, elevation, canopy cover, slope, aspect, and grazing. Maps of individual blocks to be treated will be provided to the Contractor after award.

1.1.2 ACCESSIBILITY

The treatment areas will be accessed v i a N e w M e x i c o S t a t e r o a d s a n d open Forest Service roads.

Directions to the site will be provided by Contracting Representative.

1.1.3 BOUNDARIES.

The 16 Spring Burn Unit borders the Mescalero Apache Reservation to the north. The western border follows the Dry Canyon Road and the southern border follow forest road 5586 and then state highway 82. The eastern border of the forest also serves as the eastern boundary of the burn unit.

1.2 CONTRACTOR REPRESENTATIVE. The contractor must provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contract representative is absent must b e designated in writing to the contracting officer.

The contractor representative or alternate must have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

SECTION II- GOVERNMENT FURNISHED PROPERTY, MATERIAL, SERVICES

There is no Government-furnished property or material for this project.

SECTION III- CONTRACTOR FURNISHED ITEMS/SERVICES

The Contractor shall comply with the work requirements and standards listed in the R3 Fuels Management IDIQ, unless otherwise listed below.

Machine fireline and machine fire break will be accomplished with a machine which shall meet the following requirements:

• Machine shall not exceed 8 feet in width.

• Machine shall be equipped with a grapple (separate from bucket), articulating blade, masticating, and bucket head.

• Machine shall be equipped with rubber tracks.

The transportation of equipment and personnel to and from the treatment areas. Access to the project will be along state highway 82 and Car Gap road. Contractor may be required to off load and “walk” machinery into the project area.

A fire extinguisher for use in the immediate vicinity of each internal combustion engine and of at least a 5# capacity of a type ABC with a UL rating of 3A40BC. Extinguishers will be located or mounted to be readily accessible (not in locked toolboxes or vehicles).

One pointed shovel with at least a 48" handle, and one sharp axe (at least 32#) or one sharp Pulaski must be on site at all times.

3.1 Fueling

Contractor will fuel in safe areas void of and fuels or woody debris. Contractor will inspect for evidence of oil/fuel leaks of all piping, oil/fuel lines, hydraulic lines and seals, fill tanks, and other sources of leaks. All evidence of leaks will be investigated and repaired prior to equipment operation on the job site.

All non-manual fueling equipment will have an automatic shut-off switch installed to avoid accidental fuel releases.

Individual fuel tanks greater than 501 gallons may only be used within a spill containment pit. The spill containment pit shall be constructed at a site designated by the Project Inspector. The pit shall be lined with an approved impermeable liner and shall be capable of containing a released volume of 1.5 times the tank volume.

3.2 Hazardous Materials

The Contractor will comply with all applicable State and Federal regulations pertaining to the handling and disposal of hazardous materials.

Disposal of hazardous materials is not permitted on site or on federal land Failure to meet this condition can result in the Contractor being liable for the cost of reclamation, including clean up and disposal of contaminated soil.

Minor, incidental leaks from fittings, seals or ruptured hoses will not subject the Contractor to remedial requirements; however, continued leaks will require repair to eliminate/minimize the impact of hazardous materials.

Maintenance and repairs that require the draining of lubricants or other fluids may be conducted on site only if the fluids are captured, containerized, and removed from public lands for proper disposal.

3.3 Protection

The Contractor is required to protect cadastral survey markers (brass caps), benchmarks, project markers, and other markers and stakes from damage or removal. In the case of destruction or removal by the Contractor, the Forest Service will replace the markers and the actual cost of said replacement shall be deducted from the final payment to the Contractor or otherwise billed to the Contractor when the replacement cost is known.

The Contractor will not disturb any natural or man-made features that may be of a historic or prehistoric value. The Contractor will notify the Project Inspector when a suspected feature is discovered and will avoid the feature(s) until cleared by the Project Inspector.

Known areas requiring protection and avoidance will be identified on the ground and on the unit map. The nature of the identification will be noted on the unit map.

The Contractor shall operate machinery only on Forest Service administered lands. Privately owned lands near the perimeter of the treatment unit will be identified on the ground and the unit map. The nature of the identification will be noted on the unit map.

3.4 Spark Arrestors

The Contractor shall not operate any internal combustion engine on any timber, brush or grass covered land, including trails or roads without a spark arrestor maintained in effective working order and meeting the guidelines set forth in the National Wildfire Coordinating Group Publication NFES 1363 and 2363.

Work may be suspended or modified when the Project Inspector or Fire Management Officer identifies conditions that represent an unacceptably high fire risk, such as very dry fuels, high winds, increased incidence of wildfires, erratic fire behavior, or Red Flag conditions.

SECTION IV- Additional Treatment Specifications Machine Fuel Break:

Fuel break construction will consist of masticating/cutting and removing all down wood greater than 2 inches diameter and the break will be 20 feet in width and scattered in a way that does not create a windrow or add less than 1 foot to the existing fuel bed depth.

Fuel break construction will consist of masticating/cutting removing standing vegetation of trees up to 9 inches diameter from the designated fuel break width (20 ft.) as well as removal of down wood. A Forest Service representative will be present during operations to ensure specifications are being met.

Machine Fireline Mechanical constructed fireline consists of utilizing mechanized/heavy equipment to scape a continuous mineral soil line. No berms of dirt or vegetation shall be allowed on the inside edge of the constructed fireline. Do not mix slash with side cast material and fireline shall be constructed on the exterior/interior edge of the existing unit boundary and will be specified on unit maps. Additional vegetation removal including thinning (manual or mechanical, piling, etc. may be ordered in conjunction with Mechanical Fireline Construction to meet objectives or prescribed fire preparation).

Fireline will remove and scatter fuel and duff only enough to expose mineral soil and will be 2 feet in width.

Existing slash will not be buried or covered with dirt during the construction of the fireline. The construction of waterbars will not be required.

Constraints and Other Considerations:

• Retain all ponderosa pine 9” diameter at breast height (DBH) and greater, if free of dwarf mistletoe.

• Retain all pinyon pine 14” diameter at root collar (DRC) and greater

• Retain all juniper 18” diameter at root collar (DRC) and greater

• Retain all healthy single oak trees (exceeds 10’ in height) or oak tree clumps (does not include oak brush).

Special Requirements

Archaeology

• Avoid identified archaeology sites. Sites have been flagged off as avoidance site for heavy equipment.

Botany

• Site have been identified and areas are not near proposed mechanical firelines.

Range

• Fences, plastic water pipelines, fiberglass drinkers and other Range improvements must be protected.

Repairs to improvements by the contractor will be repaired at the contractor’s expense.

• Livestock may be in the unit and must be protected and not allowed to escape their area.

Wildlife

• In order to comply with U.S. Fish and Wildlife Service Biological Opinions the following restrictions shall apply unless otherwise specified in the task order.

• MSO (Mexican Spotted Owl) – No activities from March 1 – August 31

• GSH (Northern Goshawk) – No activities from March 1 – September 30

• Sacramento Mountain Checkerspot Butterfly- March 1-October 31

• Other restrictions may apply to other Threatened and Endangered or Sensitive species.

Recreation

• There are no recreational concerns in the 16 Springs area. There are no trails or campgrounds located with the burn boundary.

SECTION M- EVALUATION FACTORS FOR AWARD

EVALUATION FACTORS FOR AWARD- Please see Base IDIQ Solicitation for instructions.

The government will award a contract or multiple contracts resulting from this solicitation to responsible offeror(s) whose offer conforming to the solicitation is the best value to the government, price and other factors considered.

The following factors shall be used to evaluate offers:

M-1 Factor 1 – Price (this factor is considered VERY IMPORTANT – 60% of evaluation value)

The government will evaluate pricing as provided on the pilot projects schedules of items. Therefore, provide your most competitive pricing. Although the mobilization line item from the schedule of items will be reviewed for fair and reasonableness, it will not be consider as a competitive price factor during evaluation.

M-3 Factor 2 – Technical Capability (this factor is considered IMPORTANT – 20% of evaluation value)

1. Preparing Worksite Describe how you will prepare the worksite for implementation of solicited service items Evaluation Criteria: The government will evaluate preparing worksite by reviewing the offerors intended use of equipment, types of equipment, crews and mobilization of such equipment and crews to the worksite for each task item.

M-2 Factor 3 – Past Performance and Experience (this factor is considered IMPORTANT – 20% of evaluation value)

The government will evaluate past performance based on experience and past performance of the contractor as assessed by the past performance contract list and narrative. Items to be considered include, but are not limited to:

client satisfaction, effectiveness in managing and directing resources, reasonable and cooperative behavior, worksite safety, recent performance of similar work, and quality of previous performance. The government may or may not contact any or all references listed.

FIRE PLAN

Lincoln NF Fire Plan

SPECIFIC FIRE PRECAUTIONARY MEASURES

Contractor shall provide the personnel, tools and equipment to take the following precautionary measures:

SMOKING AND LUNCH FIRE RESTRICTIONS

Contractor shall prohibit smoking and building of camp and lunch fires by persons engaged in contractor’s operations, except at established camps or in areas that Forest Service may designate. Smoking may be permitted at these designated areas only after all flammable material has been cleared to mineral soil.

All fires and smoking materials shall be completely extinguished at end of lunch or smoking period.

FIRE TOOLS

Contractor shall furnish and maintain; i.e., cutting edges sharp, handles sanded and tightly fitted, clean of rust and foreign material; fires tools to be used only for suppressing forest fires. Each piece of equipment shall be provided with one firefighting tool per man to equip 100 percent of the personnel engaged in contract operations. Approved firefighting tools are: double-bit axe; brushhook; pulaski;

McLeod; and round-pointed, size 0 or larger lady shovel. These tools are required separate from, and in addition to, the tools required in the section, "Fire Tools on Equipment,". Fire tools for firefighting purposes for use of personnel engaged in all phases of the contract operations shall be located in the active operating area of the contract operations or as stated in the fire plan.

BURNING OF REFUSE

No camp refuse of slash or other debris, such as that resulting from clearing around camps or on right-ofway, shall be burned without the written consent of the Forest Service.

SPARK ARRESTERS AND MUFFLERS

Each internal combustion engine shall be equipped with a spark arrester qualified and rated under USDA Forest Service Standard (Spark Arrester Guide) 5100-1a or the latest revision of Society of Automotive Engineers "medium size engine, SAE recommended practice J350" unless it is:

(a) Equipped with a turbin-driven exhaust supercharger such as the turbocharger. There shall be no exhaust bypass.

(b) A multi-position engine, such as on power saws purchased after 6/30/77 which must meet the performance levels set forth in the Society of Automotive Engineers "multi-positioned small engine exhaust fire ignition standard, SAE recommended practice J335B" as now or hereafter amended. Those purchased prior to the above date shall be equipped with an approved spark arrester/muffler containing a 0.023 inch mesh screen in good condition.

(c) A passenger-carrying vehicle or light truck, or medium truck up to 40,000 GVW, used on roads and equipped with a factory-designed muffler and an exhaust system in good working condition.

(d) A heavy duty truck, such as a dump or log truck, or other vehicle used for commercial hauling, used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending above the cab.

Exhaust equipment described in this Subsection, including spark arresters and mufflers, shall be properly installed and constantly maintained in serviceable condition.

POWERSAWS

During periods of use, each powersaw operator shall have readily available for use one long-handled round-pointed shovel and one chemical-pressurized fire extinguisher of not less than 8-ounce capacity by weight. Muffler, extinguisher, and shovel shall be maintained in good working order at all times. Any fueling or refueling of a powersaw shall be done in an area which has been cleared of material which will carry fire. Powersaws shall be moved at least 10 feet from the place of fueling or refueling before starting.

FIRE TOOLS ON EQUIPMENT

Each internal combustion fuel carrying truck, dozer, skid steer, heavy truck, and tractor shall be provided with one long-handled round-pointed shovel, and one 5-pound capacity ABC dry chemical fire extinguisher.

Passenger carrying vehicles, including light pickup trucks shall be equipped with one (1) long-handled round-pointed shovel and one (1) ABC chemical fire extinguisher not less than 2 1/2 pounds capacity. Shovels and fire extinguishers shall be so mounted as to be readily reached from the ground.

INSPECTION REQUIREMENTS FOR INTERNAL-COMBUSTION ENGINES

Each internal-Combustion motor vehicle or item of equipment shall be inspected and approved in advance of use by Forest Service. Contractor shall require that all persons engaged in contract operations submit all internal-combustion motors and equipment for inspection and approval prior to use in contract operations on National Forest lands. Vehicles and equipment not approved for use shall be repaired to meet existing standards, re-inspected, and approved by Forest Service prior to use.

TRACTOR LIGHTS

All crawler tractors and rubber-tired skidders suitable for fire suppression work, and with power source, shall be equipped with two (2) factory type headlights and one (2) backup light, or brackets mounted for portable self-contained battery operated lights. These portable lights shall be furnished and maintained by the contractor at a location agreed upon by the Forest Service.

GAS AND OIL STORAGE AND SERVICE AREAS

The location of equipment service areas and gas and oil storage areas shall be approved in writing by Contracting Officer. All areas shall be cleared of brush, litter, grass or other flammable debris for a radius of 50 feet.

FIRE GUARDS

Contractor shall designate at least one representative to train and supervise each woodsworking group of men in fire prevention, detection, and suppression. Each such representative shall be named in the fire plan. To prevent, detect, and suppress fire, contractor shall provide a trained fire guard at each operating area where power-driven equipment has been operated during the day. The fire guards shall constantly perform their duties during operating hours and for three (3) hours after the work stops for the day, when the Fire Precaution Plan is Plan B, C, or D. Fire guard service on one operating area shall satisfy the requirements on adjacent areas if the travel time with available transportation is not in excess of ten (10) minutes to any of the other areas requiring such service. Each fire guard shall be physically able, vigilant, and trained to prevent, detect, and report any fires and to promptly and efficiently take suppression action with available required firefighting equipment and men on any fire that starts in the work ara. Each fire guard shall be equipped with a vehicle and a fire tool cache consisting of a cache box, 2 four-to-five gallon backpack pumps filled with water, 2 size 0 shovels, 2 Pulaskis, and 2 McLeod tools maintained in serviceable condition.

EMERGENCY FIRE PRECAUTIONS

Contractor will restrict operations in accordance with the attached Emergency Fire Precaution Schedule. The Contracting Officer shall inform the Purchaser of any changes in the Industrial Fire Precaution Plan. The procedure for the Contracting Officer to notify the contractor of a change shall be stated in the Fire Prevention and Control Plan. The Contracting Officer may, after consultation with the Forest Supervisor, adjust the predicted Industrial Fire Precaution Plan for local weather conditions on Work areas. Changes in the predicted Industrial Fire Precaution Plan shall be agreed to in writing.

COMMUNICATIONS

Contractor shall furnish a serviceable telephone, radio-telephone or radio system connecting each operating side with contractor’s headquarters. A radio-equipped fire patrolman vehicle will satisfy this requirement if in operation during the time required. When such headquarters is at a location which makes communication to it clearly impractical, Forest Service shall accept a reasonable alternative location. The communication system shall provide prompt and reliable communications between contractor’s headquarters (or above stated alternative) and Forest Service via commercial or Forest Service telephone. The communications system shall be operable during contractor's Operations in Fire Precautionary Period described in table below and during the time fire patrolman service is required.

In the event no other means of communications will provide for prompt and reliable reporting of a fire, the Contracting Officer may allow use of a Forest Service two-way radio or Forest Service frequencies for emergency use only. The use of Forest Service frequencies will be by a written memorandum of agreement between the Contracting officer and contractor.

Emergency Fire Precaution Schedule Fire Restriction/Closure “Stage”

Restriction Levels Industrial Fire Precaution Plan No Restriction A Stage I B Stage II C Partial/ Forest Closure* D Red Flag Warning (Issued by National Weather Service)

D

Industrial Fire Precaution Plan-Description

Plan Item MST (Mtn.

Standard

Time)

MDT (Mtn.

Daylight

Time) A Normal Fire Precautions. No fire guard required.

B Normal Fire Precautions except designated areas for smoking and warming or cooking fires requires a written permit. Contactor will provide for guard.

C No smoking, warming or cooking fires are permitted at any time.

Contractor will provide fire guard.

All power saws except for chainsaws used for limbing on landings cleared to mineral soil will shut down:

Mechanical fellers except or mechanical fellers equipped with hydraulic shears will shut down:

9:00 AM to

8:00 PM

10:00 AM

to 9:00 PM

Shutdown all machine treatment of slash; mechanical equipment used for shearing, bunching or delimbing; skidding; cable yarding; blasting or clearing:

12:00 noon to 8:00 PM

1:00 PM to

9:00 PM

Welding, metal cutting on cleared mineral soil will be shut down: 12:00 noon to 8:00 PM

1:00 PM to

9:00 PM

All chainsaws used for limbing on landings cleared to mineral soil will shut down:

2:00 PM to

8:00 PM

3:00 PM to

9:00 PM

Operation on mineral soil involving road excavation, watering, grading, surfacing, rock crushing, and/or other equipment maintenance may continue.

D Shutdown all operations; except operations on mineral soil involving road excavation, watering, grading, gravel surfacing, and rock crushing may continue with special Forest Service permit. Contractor will provide fire guard.

*Areas outside of the partial closure will still be permitted to work. Only areas within the partial closure will shut down operations.

WAGE DETERMINATION

"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.: 1969-0115 Daniel W. Simms Division of | Revision No.: 67

Director Wage Determinations| Date Of Last Revision: 02/19/2020

Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.80 for calendar year 2020 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 $10.80 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 2020. 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: New Mexico Area: New Mexico Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contracts for forestry and land management services.

OCCUPATION CODE – TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 13.83 08040 - Choker Setter 13.07 08070 - Faller/Bucker 16.77 08100 - Fire Lookout 13.83 08130 - Forestry Equipment Operator 18.62 08160 - Forestry/Logging Heavy Equipment Operator 22.00 08190 - Forestry Technician 14.63 08200 - Forestry Truck Driver 22.00 08250 - General Forestry Laborer 12.28 08280 - Nursery Specialist 19.18 08310 - Slash Piler/Burner 13.83 08340 - Tree Climber 15.47 08370 - Tree Planter 11.28 08400 - Tree Planter Mechanical 11.28

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: $4.54 per hour up to 40 hours per week or $181.60 per week or $786.93 per month http://www.dol.gov/whd/govcontracts

HEALTH & WELFARE EO 13706: $4.22 per hour up to 40 hours per week or $168.80 per week or $731.47 per month*

*This rate is to be used only when compensating employees for performance on an SCAcovered 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; and 3 weeks after 10 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)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract by the employer by the state or local law etc.) the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition where uniform cleaning and maintenance is made the responsibility of the employee all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount or the furnishing of contrary affirmative proof as to the actual cost) reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day).

However in those instances where the uniforms furnished are made of ""wash and wear"" materials may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor by law or by the nature of the work there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159 the Wage and Hour Division does not recognize for section 4(c) purposes prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as ""approval of Wage and Hour issuance of a wage determination incorporation of the wage determination in the contract adjusting the contract price etc."" (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting ""arm's length negotiation"" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

** 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. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (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 retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)).

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 Wage and Hour Division U.S. Department of Labor 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 decision to the contractor.

6) The contractor informs the affected employees.

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"" (the Directory) 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."

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LEGEND

Legend 2020 burn area Block 14

16 Spring Project

.2.5 0 2.51.25 Miles

TextPre