ATTACHMENTS.doc

AG-0489-S-09-0023

PRAIRIE CITY RANGER DISTRICT

THIN AND TREAT

LIST OF ATTACHMENTS

1. Attachment 1 – Crown Spacing Diagram

2. Attachment 2 – Mistletoe Exhibit

3. Attachment 3 – Detail Unit Information Sheets

4. Attachment 4 – Fire Specifications

5. Attachment 5 – Wage Rates (Wage Determination No: 1977-0079

Rev. No.: 39; Dated 12/08/2009)

6. Attachment 6 – Merit 11 Map (Item 1)

7. Attachment 7 – Merit 12, 17, 19, 20, and 25 Map (Items 1 and 2)

8. Attachment 8 – Merit 14, 15, 18, and 21 Map (Items 1 and 2)

9. Attachment 9 – Starvation 1 Map (Item 1)

10. Attachment 10 – Starvation 2 Map (Item 1)

11. Attachment 11 – Merit 22 and 23 Map (Item 2)

12. Attachment 12 – HSR #1 Map (Item 2)

13. Attachment 13 – Merit 7 and 8 Map (Item 3)

14. Attachment 14 – Merit 30, 31, 33, and 34 Map (Items 3 and 4)

15. Attachment 15 – Monument 3 Map (Item 3)

16. Attachment 16 – Monument 12 Map (Item 3)

17. Attachment 17 – North Fork 5B Map (Item 4)

18. Attachment 18 – North Fork 6B Map (Item 4)

19. Attachment 19 – North Fork 25 Map (Item 4)

20. Attachment 20 – North Fork 27B Map (Item 4)

21. Attachment 21 – North Fork 28 Map (Item 4)

22. Attachment 22 – North Fork 29 Map (Item 4)

23. Attachment 23 – North Fork 29A Map (Item 4)

24. Attachment 24 – Olmstead 8, 71, and 76 Map (Item 5)

25. Attachment 25 – Olmstead 70 Map (Item 5)

26. Attachment 26 – Olmstead 74 Map (Item 5)

27. Attachment 27 – Sample TSI Sheet

ATTACHMENT 1

ATTACHMENT 2

MISTLETOE INFECTION SCORING TECHNIQUE FOR TREES OVER 10 FEET TALL

1. Divide crown in thirds. /\

2. Score infections on each third as follows: / \

/ 1 \

No infections 0 / \

Less than 50 percent of the / \ branches infected. No brooms 1 / 1 \ and no bole infections. / \

50 percent or more branches / 2 \ infected or one or more brooms, / \ or large infections on main 2 / \ bole (swelling noticeable, | | bole deformed). | |

3. Add up the scores. For example the above has a score or 1 in the upper third, a score of 1 in the middle third, and a score of 2 in the lower third. Then add 1 + 1 + 2 = 4 and the score for the tree will be 4.

MISTLETOE INFECTION SCORING TECHNIQUE FOR TREES UNDER 10 FEET

1. Look at crown as a whole and score the crown as described below.

Score infections as follow:

No infection 0 /\

Less than 25 percent of the branches / \

No Bole infections 1 / \

25 percent to 50 percent of the branches / \

No bole infection 2 / \

50 percent or more of branches or 3 | | any bole infection

In the above tree if over the whole crown lass than 25% of the branches were infected and there are no

Bole infections then the tree will receive a score of 1.

Detail Unit Information Sheet (PCRD Thin and Treat—Item 1)

Prairie City Ranger District

Number

feet Approx Leave Trees

Per

Acre

Leave

Species Preference

1/ 3/ Current Species

Composition Ips

2/ Max Dbh

Cut Limit Min Cut

Tree Hgt.

Max Cull

Tree DBH Fuels

Treatment Additional Information

ES,WF,LP

Mixed

ES,WF,LP

Mixed

ES,WF,LP

Mixed

ES,WF,LP

Mixed

ES,WF,LP

Mixed

ES,WF,LP

Mixed

ES,WF,LP

Mixed

ES,WF,LP

Mixed

ES,WF,LP

Mixed

ES,WF,LP

Mixed

1 The species preference listed here supercedes what is listed under standard species preference in leave tree section of contract

WP=Western White Pine, PP=Ponderosa Pine, WL=Western Larch, DF=Douglas-fir, ES=Engleman Spruce, WF=White Fir, LP=Lodgepole Pine

2 Cutting time will be restricted to between July 15 and December 15 or cut trees will be bucked to 8’ lengths and limbed on 3 sides.

3 Do not cut aspen. Consider aspen 5 inches diameter and greater in the spacing requirements.

4 Thinning slash must be removed at least 15’ beyond the crown width of all genetic trees within the units. The genetic trees are marked with an orange band and a yellow “PLEASE PROTECT” sign.

5 Trees 20 inches and greater will be considered in the spacing requirement. Trees up to the maximum cut limit will be removed within 20 feet of the bole or within 10 feet of the drip line of the crown of the larger trees, which ever is greater.

6 WF trees greater than 10 inches dbh will not be considered in the spacing requirement for PP and WL when the PP and WL meet acceptable leave tree standards and would otherwise be cut.

7 This treatment is also a cleaning of all undesirable white fir and lodgepole pine less than 7”, regardless of spacing. Spacing may vary up to 75% to facilitate selection of favorable trees.

8 Bucking Required

9 Contractor pile burning in accordance with the Prairie City Fire pile burn plan for this unit.

Detail Unit Information Sheet (PCRD Thin and Treat—Item 2)

Prairie City Ranger District

Number

feet Approx Leave Trees

Per

Acre

Leave

Species Preference

1/ 3/ Current Species

Composition Ips

2/ Max Dbh

Cut Limit Min Cut

Tree Hgt.

Max Cull

Tree DBH Fuels

Treatment Additional Information

Mixed

Mixed

Mixed

Mixed

Mixed

1 The species preference listed here supercedes what is listed under standard species preference in leave tree section of contract

WP=Western White Pine, PP=Ponderosa Pine, WL=Western Larch, DF=Douglas-fir, ES=Engleman Spruce, WF=White Fir, LP=Lodgepole Pine

2 Cutting time will be restricted to between July 15 and December 15 or cut trees will be bucked to 8’ lengths and limbed on 3 sides.

3 Do not cut aspen. Consider aspen 5 inches diameter and greater in the spacing requirements.

4 Thinning slash must be removed at least 15’ beyond the crown width of all genetic trees within the units. The genetic trees are marked with an orange band and a yellow “PLEASE PROTECT” sign.

5 Trees 20 inches and greater will be considered in the spacing requirement. Trees up to the maximum cut limit will be removed within 20 feet of the bole or within 10 feet of the drip line of the crown of the larger trees, which ever is greater.

6 WF trees greater than 10 inches dbh will not be considered in the spacing requirement for PP and WL when the PP and WL meet acceptable leave tree standards and would otherwise be cut.

7 This treatment is also a cleaning of all undesirable white fir and lodgepole pine less than 7”, regardless of spacing. Spacing may vary up to 75% to facilitate selection of favorable trees.

8 Bucking Required

9 Contractor pile burning in accordance with the Prairie City Fire pile burn plan for this unit.

Detail Unit Information Sheet (PCRD Thin and Treat—Item 3)

Prairie City Ranger District

Number

feet Approx Leave Trees

Per

Acre

Leave

Species Preference

1/ 3/ Current Species

Composition Ips

2/ Max Dbh

Cut Limit Min Cut

Tree Hgt.

Max Cull

Tree DBH Fuels

Treatment Additional Information

ES,WF,LP

Mixed

ES,WF,LP

Mixed

ES,WF,LP

Mixed

ES,WF,LP

Mixed

Mixed

ES,WF,LP

Mixed

1 The species preference listed here supercedes what is listed under standard species preference in leave tree section of contract

WP=Western White Pine, PP=Ponderosa Pine, WL=Western Larch, DF=Douglas-fir, ES=Engleman Spruce, WF=White Fir, LP=Lodgepole Pine

2 Cutting time will be restricted to between July 15 and December 15 or cut trees will be bucked to 8’ lengths and limbed on 3 sides.

3 Do not cut aspen. Consider aspen 5 inches diameter and greater in the spacing requirements.

4 Thinning slash must be removed at least 15’ beyond the crown width of all genetic trees within the units. The genetic trees are marked with an orange band and a yellow “PLEASE PROTECT” sign.

5 Trees 20 inches and greater will be considered in the spacing requirement. Trees up to the maximum cut limit will be removed within 20 feet of the bole or within 10 feet of the drip line of the crown of the larger trees, which ever is greater.

6 WF trees greater than 10 inches dbh will not be considered in the spacing requirement for PP and WL when the PP and WL meet acceptable leave tree standards and would otherwise be cut.

7 This treatment is also a cleaning of all undesirable white fir and lodgepole pine less than 7”, regardless of spacing. Spacing may vary up to 75% to facilitate selection of favorable trees.

8 Bucking Required

9 Contractor pile burning in accordance with the Prairie City Fire pile burn plan for this unit.

Detail Unit Information Sheet (PCRD Thin and Treat—Item 4)

Prairie City Ranger District

Number

feet Approx Leave Trees

Per

Acre

Leave

Species Preference

1/ 3/ Current Species

Composition Ips

2/ Max Dbh

Cut Limit Min Cut

Tree Hgt.

Max Cull

Tree DBH Fuels

Treatment Additional Information

ES,WF,LP

PP

ES,WF,LP

PP

ES,WF,LP

PP

ES,WF,LP

PP

ES,WF,LP

PP

4,5,6

ES,WF,LP

PP

ES,WF,LP

PP

ES,WF,LP

Mixed

ES,WF,LP

Mixed

1 The species preference listed here supercedes what is listed under standard species preference in leave tree section of contract

WP=Western White Pine, PP=Ponderosa Pine, WL=Western Larch, DF=Douglas-fir, ES=Engleman Spruce, WF=White Fir, LP=Lodgepole Pine

2 Cutting time will be restricted to between July 15 and December 15 or cut trees will be bucked to 8’ lengths and limbed on 3 sides.

3 Do not cut aspen. Consider aspen 5 inches diameter and greater in the spacing requirements.

4 Thinning slash must be removed at least 15’ beyond the crown width of all genetic trees within the units. The genetic trees are marked with an orange band and a yellow “PLEASE PROTECT” sign.

5 Trees 20 inches and greater will be considered in the spacing requirement. Trees up to the maximum cut limit will be removed within 20 feet of the bole or within 10 feet of the drip line of the crown of the larger trees, which ever is greater.

6 WF trees greater than 10 inches dbh will not be considered in the spacing requirement for PP and WL when the PP and WL meet acceptable leave tree standards and would otherwise be cut.

7 This treatment is also a cleaning of all undesirable white fir and lodgepole pine less than 7”, regardless of spacing. Spacing may vary up to 75% to facilitate selection of favorable trees.

8 Bucking Required

9 Contractor pile burning in accordance with the Prairie City Fire pile burn plan for this unit.

Detail Unit Information Sheet (PCRD Thin and Treat—Item 5)

Prairie City Ranger District

Number

feet Approx Leave Trees

Per

Acre

Leave

Species Preference

1/ 3/ Current Species

Composition Ips

2/ Max Dbh

Cut Limit Min Cut

Tree Hgt.

Max Cull

Tree DBH Fuels

Treatment Additional Information

Mixed

Mixed

Mixed

Mixed

Mixed

1 The species preference listed here supercedes what is listed under standard species preference in leave tree section of contract

WP=Western White Pine, PP=Ponderosa Pine, WL=Western Larch, DF=Douglas-fir, ES=Engleman Spruce, WF=White Fir, LP=Lodgepole Pine

2 Cutting time will be restricted to between July 15 and December 15 or cut trees will be bucked to 8’ lengths and limbed on 3 sides.

3 Do not cut aspen. Consider aspen 5 inches diameter and greater in the spacing requirements.

4 Thinning slash must be removed at least 15’ beyond the crown width of all genetic trees within the units. The genetic trees are marked with an orange band and a yellow “PLEASE PROTECT” sign.

5 Trees 20 inches and greater will be considered in the spacing requirement. Trees up to the maximum cut limit will be removed within 20 feet of the bole or within 10 feet of the drip line of the crown of the larger trees, which ever is greater.

6 WF trees greater than 10 inches dbh will not be considered in the spacing requirement for PP and WL when the PP and WL meet acceptable leave tree standards and would otherwise be cut.

7 This treatment is also a cleaning of all undesirable white fir and lodgepole pine less than 7”, regardless of spacing. Spacing may vary up to 75% to facilitate selection of favorable trees.

8 Bucking Required

9 Contractor pile burning in accordance with the Prairie City Fire pile burn plan for this unit.

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.

WD 77-0079 (Rev.-39) was first posted on www.wdol.gov on 12/08/2009

Forestry and Land Management Services

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

Shirley F. Ebbesen Division of Wage | Wage Determination No: 1977-0079

Director Determinations | Revision No: 39

| Date Of Revision: 11/30/2009

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 14.23

08040 - Choker Setter 14.33

08070 - Faller/Bucker 25.30

08100 - Fire Lookout 13.76

08130 - Forestry Equipment Operator 16.62

08160 - Forestry/Logging Heavy Equipment Operator 16.62

08190 - Forestry Technician 18.33

08200 - Forestry Truck Driver 14.55

08250 - General Forestry Laborer 11.47

08280 - Nursery Specialist 19.06

08310 - Slash Piler/Burner 9.15

08340 - Tree Climber 9.15

08370 - Tree Planter 12.89

08400 - Tree Planter, Mechanical 12.89

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: 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.