WD_15-2519_Rev.-6.pdf
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- Landscaping Services Federal contract opportunity
- Solicitation number
- 7309R3141021
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Wage Determination 15-2519 Rev.-6
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WD 15-2519 (Rev.-6) was first posted on www.wdol.gov on 01/03/2017
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.: 2015-2519 Daniel W. Simms Division of | Revision No.: 6 Director Wage Determinations| Date Of Revision: 12/30/2016 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 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 $10.20 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 2017. 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: Texas
Area: Texas Counties of Brooks, Duval, Hidalgo, Kenedy **Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 11.16 01012 - Accounting Clerk II 12.52 01013 - Accounting Clerk III 14.48 01020 - Administrative Assistant 16.86 01035 - Court Reporter 15.03 01051 - Data Entry Operator I 9.50 01052 - Data Entry Operator II 10.37 01060 - Dispatcher, Motor Vehicle 14.48 01070 - Document Preparation Clerk 10.46 01090 - Duplicating Machine Operator 10.46 01111 - General Clerk I 10.21 01112 - General Clerk II 11.16 01113 - General Clerk III 12.52 01120 - Housing Referral Assistant 16.69 01141 - Messenger Courier 9.90 01191 - Order Clerk I 9.70 01192 - Order Clerk II 10.59 01261 - Personnel Assistant (Employment) I 12.52 01262 - Personnel Assistant (Employment) II 15.33 01263 - Personnel Assistant (Employment) III 17.11 01270 - Production Control Clerk 13.34 01290 - Rental Clerk 12.52 01300 - Scheduler, Maintenance 12.90 01311 - Secretary I 12.90 01312 - Secretary II 14.43 01313 - Secretary III 16.10 01320 - Service Order Dispatcher 12.82 01410 - Supply Technician 16.86 01420 - Survey Worker 14.38
2/7/2017https://www.wdol.gov/wdol/scafiles/std/15-2519.txt?v=6
01460 - Switchboard Operator/Receptionist 9.51 01531 - Travel Clerk I 10.71 01532 - Travel Clerk II 11.73 01533 - Travel Clerk III 12.58 01611 - Word Processor I 10.10 01612 - Word Processor II 12.50 01613 - Word Processor III 14.48 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 13.72 05010 - Automotive Electrician 13.04 05040 - Automotive Glass Installer 12.21 05070 - Automotive Worker 12.21 05110 - Mobile Equipment Servicer 10.83 05130 - Motor Equipment Metal Mechanic 13.72 05160 - Motor Equipment Metal Worker 12.21 05190 - Motor Vehicle Mechanic 13.72 05220 - Motor Vehicle Mechanic Helper 10.29 05250 - Motor Vehicle Upholstery Worker 11.52 05280 - Motor Vehicle Wrecker 12.21 05310 - Painter, Automotive 13.04 05340 - Radiator Repair Specialist 12.21 05370 - Tire Repairer 10.10 05400 - Transmission Repair Specialist 13.72 07000 - Food Preparation And Service Occupations 07010 - Baker 9.31 07041 - Cook I 8.74 07042 - Cook II 9.34 07070 - Dishwasher 7.25 07130 - Food Service Worker 7.27 07210 - Meat Cutter 10.65 07260 - Waiter/Waitress 8.11 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 13.19 09040 - Furniture Handler 9.08 09080 - Furniture Refinisher 13.38 09090 - Furniture Refinisher Helper 10.22 09110 - Furniture Repairer, Minor 11.78 09130 - Upholsterer 13.38 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 7.68 11060 - Elevator Operator 8.45 11090 - Gardener 11.16 11122 - Housekeeping Aide 8.27 11150 - Janitor 9.29 11210 - Laborer, Grounds Maintenance 9.04 11240 - Maid or Houseman 7.25 11260 - Pruner 8.21 11270 - Tractor Operator 10.68 11330 - Trail Maintenance Worker 9.04 11360 - Window Cleaner 9.87 12000 - Health Occupations 12010 - Ambulance Driver 14.85 12011 - Breath Alcohol Technician 15.30 12012 - Certified Occupational Therapist Assistant 22.12 12015 - Certified Physical Therapist Assistant 22.99 12020 - Dental Assistant 13.22 12025 - Dental Hygienist 30.90 12030 - EKG Technician 24.42 12035 - Electroneurodiagnostic Technologist 24.42 12040 - Emergency Medical Technician 15.00 12071 - Licensed Practical Nurse I 15.52
12072 - Licensed Practical Nurse II 17.37 12073 - Licensed Practical Nurse III 19.38 12100 - Medical Assistant 10.95 12130 - Medical Laboratory Technician 14.36 12160 - Medical Record Clerk 12.34 12190 - Medical Record Technician 13.54 12195 - Medical Transcriptionist 14.16 12210 - Nuclear Medicine Technologist 34.71 12221 - Nursing Assistant I 8.74 12222 - Nursing Assistant II 9.82 12223 - Nursing Assistant III 10.72 12224 - Nursing Assistant IV 12.03 12235 - Optical Dispenser 15.79 12236 - Optical Technician 25.52 12250 - Pharmacy Technician 13.41 12280 - Phlebotomist 12.36 12305 - Radiologic Technologist 22.15 12311 - Registered Nurse I 25.88 12312 - Registered Nurse II 31.68 12313 - Registered Nurse II, Specialist 31.68 12314 - Registered Nurse III 38.30 12315 - Registered Nurse III, Anesthetist 38.30 12316 - Registered Nurse IV 45.94 12317 - Scheduler (Drug and Alcohol Testing) 20.92 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 17.38 13012 - Exhibits Specialist II 21.54 13013 - Exhibits Specialist III 26.37 13041 - Illustrator I 17.38 13042 - Illustrator II 21.54 13043 - Illustrator III 26.37 13047 - Librarian 23.88 13050 - Library Aide/Clerk 18.30 13054 - Library Information Technology Systems 21.54 Administrator 13058 - Library Technician 13.22 13061 - Media Specialist I 15.54 13062 - Media Specialist II 17.38 13063 - Media Specialist III 19.39 13071 - Photographer I 14.67 13072 - Photographer II 16.41 13073 - Photographer III 20.35 13074 - Photographer IV 23.45 13075 - Photographer V 29.26 13110 - Video Teleconference Technician 15.43 14000 - Information Technology Occupations 14041 - Computer Operator I 12.38 14042 - Computer Operator II 13.85 14043 - Computer Operator III 15.48 14044 - Computer Operator IV 17.27 14045 - Computer Operator V 19.18 14071 - Computer Programmer I (see 1) 17.38 14072 - Computer Programmer II (see 1) 20.63 14073 - Computer Programmer III (see 1) 25.90 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 25.75 14102 - Computer Systems Analyst II (see 1) 26.90 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 12.68 14160 - Personal Computer Support Technician 17.27 15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated) 23.41 15020 - Aircrew Training Devices Instructor (Rated) 28.33 15030 - Air Crew Training Devices Instructor (Pilot) 33.51 15050 - Computer Based Training Specialist / Instructor 23.41 15060 - Educational Technologist 29.50 15070 - Flight Instructor (Pilot) 33.51 15080 - Graphic Artist 17.26 15090 - Technical Instructor 16.83 15095 - Technical Instructor/Course Developer 19.52 15110 - Test Proctor 11.18 15120 - Tutor 11.18 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 7.93 16030 - Counter Attendant 7.93 16040 - Dry Cleaner 9.32 16070 - Finisher, Flatwork, Machine 7.93 16090 - Presser, Hand 7.93 16110 - Presser, Machine, Drycleaning 7.93 16130 - Presser, Machine, Shirts 7.93 16160 - Presser, Machine, Wearing Apparel, Laundry 7.93 16190 - Sewing Machine Operator 9.79 16220 - Tailor 10.31 16250 - Washer, Machine 8.31 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 13.84 19040 - Tool And Die Maker 16.75 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 10.16 21030 - Material Coordinator 14.22 21040 - Material Expediter 14.22 21050 - Material Handling Laborer 9.44 21071 - Order Filler 8.83 21080 - Production Line Worker (Food Processing) 10.22 21110 - Shipping Packer 10.00 21130 - Shipping/Receiving Clerk 10.00 21140 - Store Worker I 10.23 21150 - Stock Clerk 13.65 21210 - Tools And Parts Attendant 10.22 21410 - Warehouse Specialist 10.22 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 15.92 23021 - Aircraft Mechanic I 15.15 23022 - Aircraft Mechanic II 15.92 23023 - Aircraft Mechanic III 16.71 23040 - Aircraft Mechanic Helper 11.24 23050 - Aircraft, Painter 14.17 23060 - Aircraft Servicer 13.56 23080 - Aircraft Worker 13.59 23110 - Appliance Mechanic 12.88 23120 - Bicycle Repairer 9.40 23125 - Cable Splicer 18.01 23130 - Carpenter, Maintenance 12.88 23140 - Carpet Layer 13.27 23160 - Electrician, Maintenance 13.97 23181 - Electronics Technician Maintenance I 12.65 23182 - Electronics Technician Maintenance II 14.54 23183 - Electronics Technician Maintenance III 17.58 23260 - Fabric Worker 12.51 23290 - Fire Alarm System Mechanic 15.10 23310 - Fire Extinguisher Repairer 11.64 23311 - Fuel Distribution System Mechanic 15.18
23312 - Fuel Distribution System Operator 11.00 23370 - General Maintenance Worker 11.71 23380 - Ground Support Equipment Mechanic 15.15 23381 - Ground Support Equipment Servicer 13.56 23382 - Ground Support Equipment Worker 13.59 23391 - Gunsmith I 11.44 23392 - Gunsmith II 13.08 23393 - Gunsmith III 14.73 23410 - Heating, Ventilation And Air-Conditioning 12.33 Mechanic 23411 - Heating, Ventilation And Air Contditioning 12.95 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 16.02 23440 - Heavy Equipment Operator 12.08 23460 - Instrument Mechanic 15.10 23465 - Laboratory/Shelter Mechanic 13.88 23470 - Laborer 8.14 23510 - Locksmith 12.88 23530 - Machinery Maintenance Mechanic 15.39 23550 - Machinist, Maintenance 12.75 23580 - Maintenance Trades Helper 10.16 23591 - Metrology Technician I 15.10 23592 - Metrology Technician II 15.98 23593 - Metrology Technician III 16.85 23640 - Millwright 15.10 23710 - Office Appliance Repairer 11.99 23760 - Painter, Maintenance 11.71 23790 - Pipefitter, Maintenance 13.23 23810 - Plumber, Maintenance 12.87 23820 - Pneudraulic Systems Mechanic 15.10 23850 - Rigger 15.77 23870 - Scale Mechanic 13.41 23890 - Sheet-Metal Worker, Maintenance 12.32 23910 - Small Engine Mechanic 13.41 23931 - Telecommunications Mechanic I 18.04 23932 - Telecommunications Mechanic II 18.94 23950 - Telephone Lineman 15.15 23960 - Welder, Combination, Maintenance 13.27 23965 - Well Driller 15.10 23970 - Woodcraft Worker 14.91 23980 - Woodworker 10.84 24000 - Personal Needs Occupations 24570 - Child Care Attendant 8.31 24580 - Child Care Center Clerk 9.66 24610 - Chore Aide 7.98 24620 - Family Readiness And Support Services 9.22 Coordinator 24630 - Homemaker 12.27 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 16.40 25040 - Sewage Plant Operator 12.03 25070 - Stationary Engineer 16.40 25190 - Ventilation Equipment Tender 11.90 25210 - Water Treatment Plant Operator 12.03 27000 - Protective Service Occupations 27004 - Alarm Monitor 12.46 27007 - Baggage Inspector 10.02 27008 - Corrections Officer 14.94 27010 - Court Security Officer 17.35 27030 - Detection Dog Handler 14.63 27040 - Detention Officer 14.94
27070 - Firefighter 17.58 27101 - Guard I 10.02 27102 - Guard II 14.63 27131 - Police Officer I 20.81 27132 - Police Officer II 24.06 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 9.64 28042 - Carnival Equipment Repairer 10.18 28043 - Carnival Worker 9.27 28210 - Gate Attendant/Gate Tender 12.73 28310 - Lifeguard 11.34 28350 - Park Attendant (Aide) 14.24 28510 - Recreation Aide/Health Facility Attendant 10.09 28515 - Recreation Specialist 12.23 28630 - Sports Official 11.34 28690 - Swimming Pool Operator 14.40 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 12.56 29020 - Hatch Tender 12.56 29030 - Line Handler 12.56 29041 - Stevedore I 12.20 29042 - Stevedore II 13.71 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.77 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.66 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 - Archeological Technician I 13.92 30022 - Archeological Technician II 14.74 30023 - Archeological Technician III 17.07 30030 - Cartographic Technician 17.08 30040 - Civil Engineering Technician 16.56 30061 - Drafter/CAD Operator I 13.11 30062 - Drafter/CAD Operator II 14.64 30063 - Drafter/CAD Operator III 16.36 30064 - Drafter/CAD Operator IV 18.60 30081 - Engineering Technician I 12.25 30082 - Engineering Technician II 13.77 30083 - Engineering Technician III 15.38 30084 - Engineering Technician IV 19.08 30085 - Engineering Technician V 22.36 30086 - Engineering Technician VI 27.40 30090 - Environmental Technician 19.00 30210 - Laboratory Technician 16.36 30240 - Mathematical Technician 18.17 30361 - Paralegal/Legal Assistant I 15.14 30362 - Paralegal/Legal Assistant II 17.38 30363 - Paralegal/Legal Assistant III 21.26 30364 - Paralegal/Legal Assistant IV 25.72 30390 - Photo-Optics Technician 18.17 30461 - Technical Writer I 18.17 30462 - Technical Writer II 20.91 30463 - Technical Writer III 24.95 30491 - Unexploded Ordnance (UXO) Technician I 22.74 30492 - Unexploded Ordnance (UXO) Technician II 27.51 30493 - Unexploded Ordnance (UXO) Technician III 32.97 30494 - Unexploded (UXO) Safety Escort 22.74 30495 - Unexploded (UXO) Sweep Personnel 22.74 30620 - Weather Observer, Combined Upper Air Or (see 2) 16.36 Surface Programs 30621 - Weather Observer, Senior (see 2) 18.17 31000 - Transportation/Mobile Equipment Operation Occupations
31020 - Bus Aide 9.33 31030 - Bus Driver 13.68 31043 - Driver Courier 10.40 31260 - Parking and Lot Attendant 8.00 31290 - Shuttle Bus Driver 11.20 31310 - Taxi Driver 7.32 31361 - Truckdriver, Light 11.20 31362 - Truckdriver, Medium 12.07 31363 - Truckdriver, Heavy 14.67 31364 - Truckdriver, Tractor-Trailer 14.67 99000 - Miscellaneous Occupations 99030 - Cashier 8.43 99050 - Desk Clerk 7.75 99095 - Embalmer 23.19 99251 - Laboratory Animal Caretaker I 13.71 99252 - Laboratory Animal Caretaker II 14.39 99310 - Mortician 23.19 99410 - Pest Controller 13.33 99510 - Photofinishing Worker 11.95 99710 - Recycling Laborer 11.54 99711 - Recycling Specialist 13.78 99730 - Refuse Collector 11.00 99810 - Sales Clerk 10.71 99820 - School Crossing Guard 11.36 99830 - Survey Party Chief 18.99 99831 - Surveying Aide 12.91 99832 - Surveying Technician 15.88 99840 - Vending Machine Attendant 10.70 99841 - Vending Machine Repairer 12.14 99842 - Vending Machine Repairer Helper 10.70
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: $4.27 per hour or $170.80 per week or $740.13 per month
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)
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).
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).
** HAZARDOUS PAY DIFFERENTIAL **
An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance, explosives, and incendiary material differential pay.
** 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.
** 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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