LOM_Documents Attachments.doc

LOOKOUT MOUNTAIN RANGER DISTRICT

HANDPILING

LIST OF DOCUMENTS AND ATTACHMENTS

Document or Attachment

No. of Pages

1. Statement of Work

2. Fire Specifications

3. Unit Data Sheet

4. Map 1 Vicinity South

5. Map 2 Vicinity North

6. Map 3 West Mary Units 471, 476, 542

7. Map 4 West Mary Units 365, 405

8. Map 5 West Mary Units 015, 27

9. Map 6 West Mary Unit 366

10. Map 7 Mahogany 1, Benefield 1

11. Map 8 Rocky 22, Mill 222, Mill 280

12. Map 9 Dry Units 422, 471, 524

13. Map 10 Dutchman 001

14. Map 11 Fishsticks 008

15. Wage Rates – (Determination no.: 1977-0079, Revision no. 38)

16. How to do business with the Forest Service

DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

GENERAL DESCRIPTION

The purpose of this contract is to handpile slash within units previously thinned on the Lookout Mountain Ranger District, Ochoco National Forest.

The Contractor shall provide all labor, equipment, supervision, transportation, operating supplies, and incidentals except those items listed as Government-furnished property, to perform the work in compliance with the contract terms, specifications, and provisions.

LOCATION AND DESCRIPTION

The project work areas are located on the Lookout Mountain Ranger District, Ochoco National Forest. Vicinity maps showing project location and access, a brief location description, and other information regarding specific items are contained in the enclosed Unit Data Sheet and unit maps, and/or will accompany each task order.

The following restrictions shall apply to work under this contract:

1. Units within Big Game Winter Range boundaries shall not be worked on from December 1 to May 1.

2. Units within Goshawk post fledging areas shall not be worked from March 1 through August 30.

3. Other project specific restrictions may be included on unit data sheets.

Accessibility

Work areas may usually be reached by Forest roads that are accessible by standard two-wheel drive pickup during normal operating seasons, unless otherwise indicated on the Data Sheet. Spring and Fall road conditions usually necessitate the use of a 4-wheel drive vehicle. Walk-ins of up to ½ mile may occasionally be encountered.

No vehicles will be permitted to operate off system roads without approval of the Contracting Officer.

Inaccessibility due to snow, fallen trees, slides or washouts on roads may or may not be corrected at the option of the Government. If road access is blocked, the Government may, under the Changes Clause (1) provide an alternate access route; (2) delete the inaccessible unit(s) or; (3) substitute similar unit(s).

Some units may be located behind closed gates. The contractor will be issued a key to the gate, allowing road access to the unit. The contractor will be responsible for keeping the gate locked at all times.

Boundaries - Boundaries are marked with yellow and/or lime flagging. The boundaries may also be marked with timber sale boundary signs or contract area boundary signs.

DEFINITIONS

Hand piling - The piling of slash in compact piles.

Slash - The term "slash" means all vegetative material including cull logs, blasted or pushed out stumps, chunks, broken tops, limbs, branches, rotten wood, damaged brush, damaged or destroyed reproduction, saplings or poles which were naturally created or created by any type of vegetative cutting, clearing, construction, or cultural treatment. Any portions of trees or snags that were previously felled are considered to be part of the slash.

GOVERNMENT FURNISHED PROPERTY

The Government will furnish the Contractor the following list of materials, supplies, property or services (herein referred to as “Government furnished property” at the Lookout Mountain Ranger Station during the hours of 8 AM to 4:30 PM, Monday through Friday.

In accordance with the contract specifications, the Forest Service will provide:

(1) District Map

(2) Key to access units behind locked gates

CONTRACTOR FURNISHED SERVICES, ITEMS, PROPERTY ETC.

Contractor shall furnish, other than specified as Government-Furnished, all labor, tools, supplies, materials, supervision, inspection and incidentals to perform contract work as set forth in the specifications.

The Contractor shall provide employees with sufficient skill and experience to properly perform the work assigned to them.

The Contractor shall notify the COR of any changes in work schedule.

The Contractor shall reimburse the Government for all lost, wasted, or damaged Government Furnished property. The contractor shall return all furnished property to the Lookout Mountain Ranger Station prior to request of a final payment.

1) Handpiling shall be done in accordance with the following requirements:

· No slash may be piled outside the contract boundary, unless otherwise approved by the Contracting Officer.

· Slash to be piled includes material from 1 inch diameter up to (and including) 6 inches in diameter, and exceeding 36 inches in length. Material larger than 6 inches in diameter (such as tree boles) shall have the limbs removed and piled. All slash within 6 feet of any pile or standing live tree must be removed from the forest floor and piled.

· No slash piling or location of piles will occur within 50 feet of Class I, II and III streams. No slash piling of piles will located within 25 feet of all other stream channels or springs. Stream class is identified on the unit maps and on the unit data sheets.

· No piling or pile location shall occur within areas flagged with orange and black striped flagging (designated as ATP unit data sheets).

· Whenever possible, piles created by the contractor shall be placed on an existing skid trail, log landing, temporary road or other previously disturbed site.

· All piles will be located 10 feet outside of the drip line of trees and at least 10 feet from all snags and down logs.

· All piles shall be piled so the material will not roll downhill during burning. Teepee style piles will not be accepted.

· No pile shall be less than 4 feet in height or 6 feet in diameter. Pile size will be considered unsatisfactory if the pile, after 7 days of being piled is less than the minimum standards stated above. Pile height will be measured at the midslope portion of the pile, and pile width and length will be measure at a point of the pile approximately 3 feet above the ground surface.

· All piles must be compact. Compaction of the piles shall be accomplished by aligning the material parallel with the slope of the land lopping off limbs, and/or placing heavier material on top of the pile.

· Waterproof paper or 3-mil (or thicker) plastic shall be placed towards the top of the pile, approximately 3 feet up from the base. The paper (or plastic) shall be placed on the downhill side of the pile and be visible. The minimum size of the paper (or plastic) shall be 3 feet by 3 feet.

· All material placed in the pile shall be contained within the general contour of the pile. Trimming of the piles will not be required unless the material extends more than 18 inches beyond the general perimeter of the pile. The material that is trimmed will be placed back onto the pile.

· Any pile not meeting the above specifications, will be reworked by the Contractor at the Contractor’s expense.

2) Prevention of damage to Physical Improvements

· Contractor shall exercise extreme care to prevent damage to all physical improvements (roads, water bars, road barriers on skid trails, fences, ditches, picnic tables, fire rings, outhouses, etc.) in the contract area. Contractor shall be held responsible for immediate repairs to damaged physical improvements.

· Contractor shall protect all known survey monuments, witness corners, reference monuments, bearing trees, and flagged areas of sensitive plants and cultural resource areas, against avoidable destruction, obliteration, or damage during Contractor operations. If any known monuments, corners, or accessories are destroyed, obliterated, or damaged by Contractor operations, the Contractor shall hire the appropriate county surveyor or a registered land surveyor to establish or restore, at the same time, locate the monuments, corners, or accessories. Such surveyors shall use procedures in accordance with the Bureau of Land Management Manual of Instructions for the Survey of the Public Lands of the United States for General Land Office Surveyors and in accordance with State laws for others. The Contractor shall record such survey in the appropriate County records.

· Permission to use or reopen closed roads and access units through fences or other improvements must be obtained from the Contracting Officer. After work, these improvements shall be repaired and restored to original condition.

INSPECTION AND ACCEPTANCE

AGAR 452.246-70 (FEB 1988) INSPECTION AND ACCEPTANCE

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the job site.

FAR 52.246-4 (AUG 1996)- INSPECTION OF SERVICES – FIXED PRICE

Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

Government Quality Assurance Inspection

The Government will conduct verification inspections of handpiling to determine compliance with specifications and to provide the basis for computing the rate of payment. Each unit will be verified separately and inspection results on one unit will not be averaged with those of other unit. If Government verification inspection reveals quality below 90% then the Government may conduct a full inspection. Determination of the acceptability of the work performed will be based on this full inspection and will be considered conclusive. The Contractor or a designated representative is encouraged to observe inspections while they are underway.

If the Government's verification inspections reveal work is not being accomplished in accordance with specifications, the COR will immediately notify the Contractor in writing and order improvement in the quality of work. If the quality of deficient work is not raised to an acceptable standard within 2 consecutive workdays after receipt of notice in writing, the Contractor's right to proceed may be terminated and the contract considered in default.

REINSPECTION UPON CONTRACTOR'S REQUEST

If the original verification inspection results are unacceptable to the Contractor, a re-inspection may be requested. Requests for re-inspection must be made in writing within five days after receipt of initial inspection results. The same inspection procedure will be used, as described in Contractors Inspection Requirements, but new plots will be selected. The inspection pattern will be shifted so new inspection plots will not overlap previously inspected plots.

Inspection results used for payment will be determined as outlined in the Method for Payment clause.

WORK QUALITY

(a) Acceptable Work – The acceptable quality level (AQL) shall be 90% or greater.

(b) Non-Acceptable Work – When the thinning/slash treatment quality falls below 90%, work is considered unacceptable and must be reworked. Payment will not be made until the work deficiencies have been corrected. Inspections after rework shall be made in the same manner as the first inspection but on different plot lines. After 1 rework, Administrative costs shall be the responsibility of the Contractor.

DELIVERIES AND PERFORMANCE

AGAR 452.211-74 PERIOD OF PERFORMANCE

The period of performance of this contract is to begin 5 days after receipt of notice to proceed and complete work by November 15, 2010.

FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR

At all times during performance of this contract and until work is competed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

ACCEPTANCE AND REWORK – Refer to Section E – Inspection and Acceptance.

CONTRACT ADMINISTRATION DATA

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

· GENERAL. The Contracting Officer designates the Contracting Officer's Representative(s) (COR).

· The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

· The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which may be issued by the COR - provided they do not affect the delivery schedule or performance period stated in the contract.)

· On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1999)

A post award conference with the successful offeror is required. A conference will be scheduled within the first 30 days after the date of contract award. The conference will be conducted by the EROC-NW acquisition team. The post award conference may be held at the Mt Hood National Forest – EROC NW office located at 16400 Champion Way, Sandy, Oregon 97055, or conducted by video teleconference or by telephone, unless otherwise changed by mutual agreement. The Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the post award conference.

SPECIAL CONTRACT REQUIREMENTS

FIRE CONTROL – See attached Fire Specifications and Fire Plan (to be filled out prior to the post award conference)

See FAR clauses in Clauses section regulating employment of workers.

American Recovery and Reinvestment Act (ARRA) contracts have special reporting requirements that the contractor shall adhere to. Refer to clauses for schedule of compliance and links

R6-FS-6300-52 (5/97)

USDA FOREST SERVICE

PACIFIC NORTHWEST REGION

FIRE PROTECTION AND SUPPRESSION

Specific fire prevention measures are listed below and shall be effective for the period April 1 to October 31 of each year. The Forest Service may change the dates of said period by advance written notice if justified byunusual weather or other conditions. Required tools and equipment shall be kept currently in serviceable condition and immediately available for initial attack on fires.

Before starting any operations on the project, the Contractor, Permittee, Licensee, or Purchaser, hereinafter referred to as the "Contractor," shall prepare a fire plan in cooperation with the Contracting Officer providing for the prevention and control of fires in the project area.

The Contractor shall certify compliance with fire protection and suppression requirements before beginning operations during the fire period and closed season, and shall update such certification when operations change

The Contracting Officer may by written notice authorize substitute measures or equipment or may waive specific requirements during periods of low fire danger.

The Forest Service may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions.

The Contractor shall, independently and in cooperation with the Forest Service, take all reasonable action to prevent and suppress fires in the project area. Independent initial action shall be prompt and shall include the use of all personnel and equipment available in the project area.

For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor's operations, the Contractor shall place employees and equipment temporarily at the disposal of the Forest Service. Any individual hired by the Forest Service will be employed in accordance with the Interagency Pay Plan for Emergency Firefighters. The Forest Service will compensate the Contractor for equipment rented at fire fighting equipment rates common in the area, or at prior agreed to rates.

Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit or license.

Specific fire precautionary measures are as follows:

Smoking and fires shall be permitted only at the option of the Contractor. The Contractor shall not allow open fires on the project area without advance permission in writing from Forest Service.

Unless restricted by State Law or Federal Regulation, smoking shall be permitted only in such portions of the project area that are free of flammable material. Smokers shall sit down to smoke in such a position that any burning material will fall within a cleared area, and shall extinguish and press out in mineral soil all burning material before leaving the cleared area.

All power-driven equipment operated by the Contractor on National Forest land, except portable fire pumps, shall be equipped with one fire extinguisher having a UL rating of at least 5 BC, and one "D" handled or long handled round point shovel, size "0" or larger. In addition, each motor patrol, truck and passenger-carrying vehicle shall be equipped with a double-bit axe or Pulaski, 3-1/2 pounds or larger.

Equipment shall be kept in a serviceable condition and shall be readily available.

Each gasoline power saw operator shall be equipped with a pressurized chemical fire extinguisher of not less than 8-ounce capacity by weight, and one long-handled round point shovel, size "0" or larger. The extinguisher shall be kept in possession of the saw operator at all times. The shovel shall be accessible to the operator within 1 minute.

One refill for each type or one extra extinguisher sufficient to replace each size extinguisher required on equipment shall be safely stored in the fire tool box or other agreed upon place on the project area that is protected and readily available.

Each internal combustion engine shall be equipped with a spark arrester meeting either (1) USDA Forest Service Standard 5100-1a, or (2) appropriate Society of Automotive Engineers (SAE) recommended practice J335(b) and J350(a) as now or hereafter amended unless it is:

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

The Contractor shall restrict operations in accordance with the Industrial Fire Precaution Levels listed below. The Forest Service may change the Industrial Fire Precaution Levels to other values upon revision of the National Fire Danger Rating System and may change the specific Industrial Fire Precaution Levels when such changes are necessary for the protection of the National Forest. When sent to the Contractor, the revised Industrial Fire Precaution Levels will supersede the attached levels

INDUSTRIAL FIRE PRECAUTIONS SCHEDULE

INDUSTRIAL FIRE PRECAUTION (IFPL)

LEVEL

a. power saws, except at loading sites;

b. cable yarding;

c. blasting;

d. welding or cutting of metal.

Cable yarding - except that gravity operated logging systems employing non-motorized carriages may be operated between the hours of 8 p.m. and 1 p.m., local time, when all block and moving lines, except the line between the carriage and the chokers, are suspended 10 feet above the ground;

Power saws - except power saws may be used at loading sites and on tractor/skidder operations between the hours of 8 p.m. and 1 p.m., local time.

In addition, the following are permitted between the hours of 8 p.m. and 1 p.m., local time:

a. tractor/skidder operations;

b. mechanized loading and hauling of any product or material;

c. blasting;

d. welding or cutting of metal;

e. any other spark-emitting operation not specifically mentioned.

The following definitions shall apply to these Industrial Fire Precaution Levels:

Cable yarding systems: A yarding system employing cables and winches in a fixed position.

Closed season (Fire Precautionary Period): That season of the year when a fire hazard exists as declared by the responsible agency official.

Contracting Officer: The person executing the contract, permit or license on behalf of the Government and includes that person's designated representative, acting within the limits of their authority or the duly appointed successor to the individuals.

Loading sites/woods site/project area: A place where any product or material (including but not limited to logs, firewood, slash, soil, rock, poles, posts, etc.) is placed in or upon a truck or other vehicle

Low hazard area: Means any area where the responsible agency representative (WDNR, ORF, BIA, BLM) determines the combination of elements reduces the probability of fire starting and/or spreading.

Tractor/skidder operations: include a harvesting operation, or portion of a harvesting operation, where tractors, skidders, or other harvesting equipment capable of constructing fireline, are actively yarding forest products and can quickly reach and effectively attack a fire start.

Waivers, written in advance, may be used for any and all activities. Activities for which waivers may be issued include, but are not limited to:

Such waiver, or substitute precautions will prescribe measures to be taken by the Contractor to reduce the risk of ignition, and/or the spread of fire. The Contracting Officer shall consider site specific weather factors, fuel conditions, and specific operations that result in less risk of fire ignition and/or spread than contemplated when precaution level was predicted. Consideration shall also be given to measures that reduce the precaution levels above. The Contractor shall assure that all conditions of such waivers or substitute precautions are met.

The Contractor shall obtain the predicted Industrial Fire Precaution Level daily, prior to the start of work, from the appropriate Ranger District headquarters. If predictions made after 6:00 p.m., local time, are significantly different than the original prediction, the Forest Service will inform the Contractor when changes in restrictions or industrial precautions are made.

Where hauling involves transit through more than one shutdown/regulated use area, the precaution level at the woods loading site shall govern the level of haul restriction, unless otherwise prohibited by other than industrial precaution level system.

The Contractor shall furnish serviceable fire fighting tools in a readily accessible fire tool box or compartment of sound construction with a hinged lid and hasp so arranged that the box can be secured or sealed. The box shall be red and marked "Fire Tools" in letters one inch high. It shall contain a minimum of:

When the Industrial Fire Precautions Level is "I" or higher, unless a waiver is granted, the Contractor shall designate a person who shall perform fire security services listed below on the project area and vicinity. The designated person shall be capable of operating the Contractor's communications and fire fighting equipment specified in the contract, excluding helicopters, and of directing the activities of the Contractor's personnel on forest fires. In lieu of having the designated person perform the required supervisory duties, the Contractor may provide another person meeting the qualifications stated above to direct the activities of Contractor's personnel and equipment during all fire fighting activities.

Services described shall be for at least 1 hour from the time the Contractor's operations are shut down. For the purposes of this provision, personnel servicing equipment, and their vehicles, who are not engaged in cutting or welding metal are excluded.

Fire security services shall consist of moving throughout the operation area or areas constantly looking, reporting, and taking suppression action on any fires detected. Where possible, the designated person shall observe inaccessible portions of helicopter operating areas from vantage points within or adjacent to project area.

Whenever the Industrial Fire Precaution Level is "II" or greater, a fire security person equipped with a long-handled, round point, No. "0" or larger, shovel, and a five-gallon backpack pump can filled with water will stay at location of blast for 1 hour after blasting is done. Blasting may be suspended by Forest Service in writing, in an area of high rate of spread and resistance to control.

Fuses shall not be used for blasting. Explosive cords shall not be used without written permission of Forest Service, which may specify conditions under which such explosives may be used and precautions to be taken.

UNIT DATA SHEET

LOM HANDPILE

ARRA PROJECT FY 2009

Location and Description of Project Area and Units

Class IV streams - No piling within 25 feet of stream channel edge.

Exclosure: Pile within as well as out side fenced area. No piles within 10 feet of fence.

WAGE RATES

WD 77-0079 (Rev.-38) was first posted on www.wdol.gov on 06/02/2009

Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER

U.S. DEPARTMENT OF LABORTHE SERVICE CONTRACT ACT

EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor

WAGE AND HOUR DIVISION

WASHINGTON, D.C. 20210

Shirley F. Ebbesen Division of Wage

Wage Determination No: 1977-0079

Director Determinations

Revision No: 38

Date Of Revision: 05/26/2009

State: Oregon

Area: Oregon Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contract(s) for Forestry and Logging Services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 13.92

08040 - Choker Setter 14.02

08070 - Faller/Bucker 24.76

08100 - Fire Lookout 13.46

08130 - Forestry Equipment Operator 16.26

08160 - Forestry/Logging Heavy Equipment Operator 16.26

08190 - Forestry Technician 17.94

08200 - Forestry Truck Driver 14.24

08250 - General Forestry Laborer 11.22

08280 - Nursery Specialist 18.65

08310 - Slash Piler/Burner 8.95

08340 - Tree Climber 8.95

08370 - Tree Planter 12.61

08400 - Tree Planter, Mechanical 12.61

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.35 per hour or $134.00 per week or $580.66 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: 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 4174)

** 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.

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

"Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the

Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL)

Web site at http://wdol.gov/.

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. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (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 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, Employment Standards Administration, U.S. Department of

Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

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 insure 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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