Southern_Pine_Beetle_SPB_Control_Cut_and_Leave.pdf

National Forests in Mississippi Southern Pine Beetle (SPB) Control Cut and Leave Page 1 of 15

GENERAL INFORMATION

SCOPE: The contractor shall provide all materials, labor, equipment, tools, transportation, supervision, expertise, and other incidentals necessary, except as otherwise provided, to successfully complete cut and leave falling of southern pine beetle (SPB) infested trees using hand tools (chainsaws) and rubber tired mechanical fellers on the National Forests in Mississippi in accordance with attached and referenced specifications.

Description of Work with Hand Tools

- All infested or designated buffer pine trees are to be felled toward the interior of the SPB spot away from uninfected pine trees. Dead but vacated pines will not be felled.

- No boundary trees will be cut. Boundaries painted with red paint will not be cut. This will be the forest boundary. Any tree felled outside these boundaries must be bucked up and moved back inside the boundary.

- Contractor shall manually fell all SPB infested pine stems to control the SPB. Tree species to treat include Loblolly Pine pulpwood to sawtimber size.

- Some sites may have pulpwood and saw timber marked for sale. In sawing down these sites every effort will be made not to damage the timber being cut.

- These treatments are common forestry practices.

Homochitto Ranger District: Active Spots Needing Treatment = 30 spots, averaging 4.0 acres ranging in size from .1 acres to 18 acres.

Bienville Ranger District: Estimate of Active Spots Needing Treatment = 45 spots, averaging 2.8 acres ranging from .1 to 18 acres.

Tombigbee Ranger District: Estimate of Spots Needing Treatment = 25 spots, averaging 1.0 acres ranging in size from .1 to 10 acres

Total Estimated Spots Needing Treatment for all Priority Districts above will be 100, with a total acreage of about 275 acres.

MECHANICAL TREATMENTS (RUBBER TIRE EQUIPMENT)

The boundaries of the areas are marked with paint on trees and shrubs or other methods as designated by the task order, or red boundary paint adjacent to private land.

All equipment which is proposed to be used on the site shall be of the proper type, sufficient size, operated at sufficient speed, and in such mechanical condition as to meet with the requirements of the work and produce a satisfactory quality of work. Tractors with insufficient engine power to properly shear material must be replaced by the Contractor. Cutting blades must be maintained in sharp condition sufficient to meet with the requirements of the work and produce a satisfactory quality of work.

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Operations on and the occupancy of use of the National Forest lands under this contract and shall save and hold the United States harmless from any and all claims for damages by third parties resulting from such operations, occupancy or use.

Resource Protection for all mechanical treatments:

Treatment applications shall not be applied within streamside management zones, unless specified otherwise by the COR or inspector. Any material that does fall into a designated streamside management zone will be removed prior to acceptance. The contractor shall take every precaution necessary to prevent pollution from fuels, oils, chemicals, silt, or harmful materials of any stream, lake, or reservoir located in or near the contract areas. All streams will be kept free of contractor-generated debris.

Where needed, stream crossings shall be designated by the COR or Inspector.

Improvements such as fences, gates, property boundaries, corner monuments and trees that are marked or identified with paint, signs, tags, and/or blazes shall be protected by the Contractor.

Contractor shall not operate equipment within Red-Cockaded Woodpecker clusters during nesting season which extends from April 15 to June 15.

Contractor shall use every precaution necessary to prevent damage to trees not specified for treatment.

Special precaution must be taken to prevent damage to RCW cavity trees. Penalty for damage or destruction of RCW cavity trees is $25,000 (PL-1000-478, Section II A.1)(Civil) or $50,000 (PL-1000- 478, Section II b.1)(Criminal). Contractor shall not fell trees across trails. Any material that does fall across trail shall be removed prior to acceptance. Contractor shall sign either end of the trail to notify users of felling trees. Sign shall read, “Warning, tree felling ahead.” Tracked equipment shall be loaded or unloaded onto unimproved roads or within the area to be treated. Tracked equipment shall not be used on improved roads. Trees that are located adjacent to roads, firelines, fences, private property, rights-of-way, or other structures and are designated for treatment shall be severed and felled so as not to damage, lean on, clog, or otherwise obstruct existing structures or facilities.

The contractor shall notify the COR immediately of any damaged structures and shall repair damages that have resulted from the Contractor’s operations.

Treated vegetation will be removed from all rights-of-way unless otherwise directed by the COR or inspector. All treated vegetation shall be lopped and scattered to lie within two feet of the ground unless directed otherwise by the Task Order.

Leadoffs and wing ditches that have been constructed for system roads shall be protected.

Contractor shall take every precaution necessary to prevent digging, gouging, and moving soil. The

Contractor shall prevent excess rutting and compaction by operating the equipment only when suitable soil conditions exist as determined by the COR. Individual or groups of trees may be left standing inside the task order area. Task orders may designate leave or reserve trees or areas with flagged or paint bands. These individual trees and exclusion areas shall be left undamaged. Damage includes injury to the living crown, bole or roots of trees. If Contractor discovers or observes an archeological site on the site of operations, the Contractor shall cease operations on affected areas and notify the COR for further

Southern Pine Beetle (SPB) Control Cut and Leave Page 3 of 15 operating instructions. Gopher tortoise burrows will be flagged and a 25’ circle around each burrow will not be entered with equipment. Any burrow found by the contractor during operations will also be protected in the same way. Title of all timber within the task order area shall remain with the U.S.

government. Upon completion of each site and prior to moving to the next site, all trash (man-made) generated by contractor’s operation shall be removed from national forest land for proper disposal.

Mechanical Southern Pine Beetle Control

Contractor shall mechanically fell all SPB infested pine stems to control the SPB.

The COR/Inspector will identify spot boundary markings. All infested or designated buffer pine trees are to be felled toward the interior of the SPB spot away from uninfested pine trees. Dead but vacated pines will not be felled.

No boundary trees will be cut. Boundaries painted with red paint will not be cut. This will be the forest boundary. Any tree that falls outside of the spot boundary will be pulled back into the treatment area within 8 hours.

Severed trees will be bunched and laid on the site in a manner that will facilitate later removal with skidding equipment.

All trash, rubbish, or debris generated by the Vendor’s operation will be removed from National Forest lands and disposed of in a landfill or other appropriate location. Sufficient precaution will be taken to prevent pollution by fuel, oil, or other harmful materials.

These treatments are common forestry practices.

Location: National Forests in Mississippi – Ranger Districts include Homochitto, Bienville, and Tombigbee

Bienville National Forest: Jasper, Newton, Scott, and Smith Counties

Homochitto National Forest: Adams, Amite, Copiah, Franklin, Jefferson, Lincoln, and Wilkinson Counties

Tombigbee National Forest: Chickasaw, Choctaw, Pontotoc, and Winston Counties

Background The National Forests in Mississippi (NFMS), as well as other areas of the State, have a relatively long history of documented SPB outbreaks/epidemics.

Outbreak levels of SPB activity are defined as one or more (i.e., ≥1) multi-tree infestations (known as a ‘spot’) per 1,000 acres of susceptible host type (on a County or Forest/District basis). Outbreaks are also further categorized as being ‘moderate’ (1.0-2.99 spots/1000 ac) or ‘severe’ (≥3.00 spots/1000 acres).

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The Bienville NF which covers much of Scott and Smith Co. was in outbreak in 2016, having 318 spots on their 145,000 acres of susceptible host type (i.e., 2.19 spots/1000 acres).

All of the pine Forests/Districts of the NFMS have large acreages of moderate to high hazard host for SPB, capable of supporting an outbreak at any time, this the need for potential suppression activities.

Southern Pine Beetle (SPB) populations and associated spot infestations persisted at outbreak levels on the Bienville for a second consecutive year, and escalated to outbreak levels on the Homochitto during 2016.

Ground evaluations in 2016 confirmed that the vast majority of spots were actively enlarging SPB infestations, many of which warrant suppression measures. Given the rather late manifestation of problems and limited suppression funds available at the time, suppression efforts are expected in 2017 as well, targeting only those actively enlarging spots occurring in designated priority areas of the Forests (e.g., proximal to RCW clusters or private property).

Detection flights last year revealed more than 300 spots on each the Bienville and Homochitto Ranger District. Figure 2 shows an example of the typical actively enlarging SPB infestation evident from the helicopter detection flight on the Homochitto.

At the close of 2016, the Bienville exhibited 318 separate SPB spots affecting approximately 345 acres of forest.

Cut & Leave operations implemented via contracted chainsaw crews are expected on both Forests.

Spots may range in size from 0.07 -18.1 acres, and may average 2.2 ac on the Bienville and 1.3 ac on the Homochitto.

These relatively small treated spot-sizes indicate prompt implementation of suppression measures, saving numerous acres of additional resource loss and further expenses

Detection flights will reveal and map out spots needed treatment, which will begin within two weeks of initial detection. Maps/GPS points will be provided to the contractor.

This contract will treat any existing spots or inactive spots that become active and require treatment. It is expected the Forest will have similar or worse infestation levels in 2017.

Although detection flights have not yet been completed, field observations, a warm winter, and past events indicate the need for control of Southern Pine Beetle outbreaks on the National Forests in Mississippi. Several treatments types are expected to be utilized to prepare for suppression, include chainsaw cut and leave, mechanical cut and leave, and mechanical cut and remove.

Areas more than ¼ mile from existing roads will normally be treated using chainsaw cut and leave. In contrast to mechanical treatment, these areas frequently do not require consideration of an access route.

The areas may be larger this year due to areas that could not be treated last year. Due in part to areas not treated last year, the Bienville and Homochitto National Forests are the priority areas for treatment.

Detection flights will occur in April-June. One or two may be completed per forest. During the flights, a GPS point will be obtained for the approximate center of each spot. This will be followed by ground-truthing to determine the size of each bug spot. To be effective, the treatments must be applied as soon as possible after detection, preferably within two weeks.

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Table 1. SPB Status Report reflecting SPB activity on the NFMS derived from SPBIS for the period January 1, 2016 – November 15, 2016

Bienville Desoto Homochitto Chickasawhay Holly Springs Tombigbee Totals

01. Cumulative Spot Total 318 0 361 0 0 0 679

02. New Spots Dectected 318 0 361 0 0 0 679

03. Carryover Spots 0 0 0 0 0 0 0

04. Inactive Spots 21 0 15 0 0 0 36

05. Spots Requiring Control 215 0 254 0 0 0 469

06. Spots Suppressed 134 0 193 0 0 0 327

07. Spots Suppressed By Cut & Remove 0 0 2 0 0 0 2

08. Percent Spots Suppressed By Cut & Remove 0 0 1 0 0 0 1

09. Spots Suppressed By Cut & Leave 134 0 191 0 0 0 325

10. Percent Spots Suppressed By Cut & Leave 100 0 99 0 0 0 99

11. Breakouts Following Initial Treatment 12 0 45 0 0 0 57

12. Spots Currently Active 163 0 153 0 0 0 316

13. Spots Monitored 82 0 92 0 0 0 174

14. Spots To Be Suppressed 81 0 61 0 0 0 142

15. Volume Harvested by Cut & Remove 0 0 0 0 0 0 0

16. Volume Harvested by Cut & Leave 0 0 0 0 0 0 0

17. Estimated Volume Removed 0 0 0 0 0 0 0

18. Acres Cut & Remove Accomplished 0 0 2 0 0 0 2

19. Acres Cut & Leave Accomplished 286 0 237 0 0 0 523

20. Acres Inactive 2 0 7 0 0 0 9

21. Acres Treated And Inactive 288 0 246 0 0 0 534

22. Acres Monitored 21 0 22 0 0 0 43

23. Acres To Be Suppressed 36 0 31 0 0 0 67

24. Estimated Total Affected Acres 345 0 299 0 0 0 644

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Figure 1. County-level SPB hazard rating displaying the percent of county rated as moderate or high hazard to SPB, derived from the 2012 National Insect and disease Risk Map (NIDRM).

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Employment of Eligible Workers

Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS), now the United States Citizen and Immigration Services, established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).

The contractor is required to:

1. Have all employees complete and sign the I-9 Form to certify that they are eligible for employment;

2. Examine documents presented by the employee and ensure the documents appear to be genuine and related to the individual;

3. Record information about the documents on the form, and complete the certification portion of the form;

4. Retain the form for 3 years, or 1 year past the end of employment of the individual, whichever is longer.

It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status.

Compliance with Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is a material condition of the contract. If the contractor employs unauthorized workers during contract performance in violation of section 274A, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

For further information on the requirements of the Act, contractors should contact the Employer and Labor Relations Officer of their local United States Citizen and Immigration Services office.

Labor Standards for Contracts Involving Migrant and Seasonal Agricultural Workers

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (29 U.S.C 1801-1872) and to Department of Labor regulations implementing MSPA (29 CFR 500). The purpose of MSPA is to eliminate activities that are detrimental to migrant and seasonal agricultural workers, to require registration of farm labor contractors, and to ensure necessary protections for the workers. In addition to traditional farm labor activities, the Act applies to recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal worker for predominantly manual forestry work, including but not limited to tree planting, brush cleaning, precommercial tree thinning, and forest firefighting.

(b) Definitions.

"Migrant Agricultural Worker" and "Seasonal Agricultural Worker," as used in this clause, mean individuals employed in agricultural (including forestry) work on a seasonal or temporary basis. A worker who moves from one seasonal activity to another is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year. Migrant workers are required to be absent overnight from their permanent place of residence. Seasonal workers are not required to be absent overnight from their permanent place of residence. Members of the contractor's immediate family are not considered to be either migrant or seasonal workers. "Immediate family" includes only:

1. Spouse;

2. Children, stepchildren, or foster children;

3. Parents, stepparents, or foster parents; and

4. Brothers and sisters.

"Farm Labor Contractor," as used in this clause, means an individual who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirement. Any contractor who provides or hires migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal Department of Labor Certificate of Registration. The contractor shall carry

Southern Pine Beetle (SPB) Control Cut and Leave Page 8 of 15 the Certificate at all times while engaged in contract performance, and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined for a "Farm Labor Contractor" in paragraph (b) must have their own Farm Labor Contractor Employee Certificate.

(d) Worker Protections. The contractor shall comply with the following protections and standards related to wage disclosure, record keeping, vehicle safety, and housing:

(1) The contractor shall display and maintain at the place of employment the MSPA poster provided by the Department of Labor.

(2) Wage and Payroll Standards.

(i) The contractor shall disclose in writing to each worker in a language common to the worker the full terms of their employment, including workers compensation information, at the time they are recruited or hired. The Department of Labor provides an optional Form WH-516 for contractor's use in disclosure.

(ii) The contractor shall keep the following payroll records for each employee: name, address, social security number, basis for wages (that is, per hour, per tree, per acre), number of units earned if paid on a per unit basis, hours worked, total pay, withholdings and purpose for each, and net pay. Payroll records must be retained for 3 years.

(iii) Payments must be made no less frequently than every 2 weeks or semi-monthly. At the time of each payment, the contractor shall provide to the employee a written itemization of the information listed in paragraph ii and shall include the employer's tax identification number.

(iv) If paid on a piece rate basis, the employee's wage must be at least equivalent to the required hourly wage for the hours worked, including overtime differential for time in excess of 40 hours per week.

(3) Motor Vehicle Safety.

(i) The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. The authorization to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is applicable. Any driver who transports workers for a fee or at the direction of the contractor shall be registered as a farm labor contractor or a farm labor contractor employee.

(ii) Any vehicle under the ownership or control of the contractor must comply with safety standards applicable to that vehicle. Generally, passenger vehicles or station wagons must comply with Department of Labor regulations at 29 CFR 500.104.

Vehicles other than passenger vehicles or station wagons which are driven on any trip for a distance greater than 75 miles by a farm labor contractor or agricultural employer to transport any migrant or seasonal agricultural worker must comply with Department of Transportation Regulations at 29 CFR 500.105. One trip may have numerous stops. All drivers shall have a current, valid State driver’s license.

(iii) Each vehicle under the ownership or control of the contractor which is used to transport any migrant or seasonal agricultural worker must be covered by vehicle insurance of $100,000 per seat (maximum $5,000,000). A workers compensation policy which covers the workers while being transported plus an additional property damage policy for $50,000 for loss or damage in any one accident to the property of others may be substituted for the vehicle insurance requirement.

(4) Housing.

(i)The contractor shall house workers only in a commercial establishment or a facility that has been certified by a health authority or other appropriate agency or, if permitted by the Forest Service, in a camp on National Forest Lands as in 4G52.222-705. The contractor must post the certificate of occupancy at the housing site.

(ii) The authorization to furnish housing, other than commercial lodging, must appear on the contractor's certificate.

(e) For further information on the requirements of the Act, contractors should contact their local Wage and Hour Division of the Department of Labor.

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Migrant and Seasonal Agricultural Worker Protection Act Registration

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) (29 U.S.C. 1801-1872) and implementing regulations issued by the Department of Labor (29 CFR 500), require any employer who hires or anticipates hiring employees subject to MSPA to obtain an MSPA registration number.

If the contractor employs or anticipates hiring employees subject to MSPA, the contractor shall provide a valid U.S.

Department of Labor MSPA Registration Number to the Contracting Officer within 30 days after notification of award of the contract. The MSPA Registration Number is the number on the Farm Labor Contractor’s DOL-issued Certificate.

The Government may demand that the contractor display MSPA registration at any time during contract performance if it appears that the contractor is employing workers subject to MSPA. On demand, the contractor shall display its MSPA registration or state why it is exempt from MSPA.

Compliance with MSPA is a material condition of the contract. If the contractor fails to provide a valid MSPA number in accordance with this clause, or falsely states that it is exempt from the MSPA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

Personal Protective Equipment

The contractor shall train workers in the safe operation and use of equipment that the worker may use before the worker begins using such equipment.

Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered which may cause injury or impairment in the function of any part of the body. Defective or damaged personal protective equipment must not be used.

The contractor shall provide chain saw chaps to each employee who operates a chain saw, at no cost to the employee. These chaps must be approved by an Underwriters Laboratory or meet Forest Service specification 6170-47. The chaps must cover the full length of the thigh and must extend to the top of the boot on each leg.

The contractor shall assure that each employee wears foot protection that provides adequate traction and ankle support.

Employees operating chain saws shall wear foot protection that is constructed with cut-resistant material which will protect the employee against contact with a running chain saw.

In any area where the worker is exposed to the potential for flying or falling objects, the contractor shall provide a hard hat, at no cost to the employee, and the contractor shall assure that the employee wears the hard hat. The hard hat must meet the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise for example, chain saw operation.

Camping Provisions for Labor Intensive Contracts

The following provisions apply to all camping on National Forest lands during performance of this contract:

These provisions are in addition to those contained in, or provided for, in the clause titled “Use of Premises,” in this contract.

Every structure used as shelter must provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect workers from the cold. Firewood may be cut only after obtaining a District Firewood Permit.

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The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite must be located so as to minimize impacts on streams, lakes, and other bodies of water. No camping is permitted within developed recreation sites or along primary recreation roads.

The campsite must have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10-calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. If the contractor fails to remove all structures or improvements within the 10-calendar days, they shall become the property of the United States, but that will not relieve the contractor of liability for the cost of their removal and restoration of the site.

Unless otherwise designated by the contracting officer, the use of this area is not exclusive, and may be granted to other permittees, contractors, or recreating public. Disorderly conduct is not permitted.

Damaging or removing any natural feature or other property of the Forest Service is prohibited.

Servicing of equipment in the campsite is not permitted, unless the campsite is within the project area.

Sanitary facilities must be provided for storing food. Ice chests or coolers, with ice supply made from potable water and replenished as necessary, must be provided and sufficient for the storage of perishable food items.

An adequate and convenient potable water supply must be provided in each camp for drinking and cooking purposes.

Toilet facilities adequate for the capacity of the camp must be provided and supplied with adequate toilet paper. Such facilities must be serviced and maintained in a sanitary condition.

Garbage must be collected, stored, and disposed of in such a manner as to prevent scattering by the wind, minimize attraction of flies, and discourage access by rodents.

Basic first aid supplies must be maintained, available, and under the charge of a person trained to administer first aid. The supplies must include:

1. Gauze pads (at least 4x4 inches),

2. Two large gauze pads (at least 8x10 inches),

3. Box adhesive bandages (band-aids),

4. One package of gauze roller bandage at least 2-inches wide,

5. Two triangular bandages,

6. Scissors,

7. At least one blanket,

8. Tweezers,

9. Adhesive tape,

10. Latex gloves, and

11. Resuscitation device such as resuscitation bag, airway, or pocket mask.

Any washing of laundry must be done in such a way as to provide for washing and rinsing without polluting lakes, streams, or other flowing water.

Waste water must be disposed of away from living and eating areas and in a fashion that minimizes pollution to lakes, streams, and other flowing water.

The contractor shall take all reasonable precautions to prevent and suppress forest fires. No material must be disposed of by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

The contractor shall comply with the following fire regulations during fire season:

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During the fire season, a shovel, axe or Pulaski, 10-quart pail which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required.

All fire rings or outside fireplaces must be approved by the Forest Service representative. The area must be cleared down to mineral soil for a distance of 1 foot outside of the ring or fireplace, and it must not have any overhanging material. Fire rings must be dismantled and material disposed prior to leaving the site.

All generators and other internal combustion engines must be equipped with Forest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in described in the previous paragraph.

All fuel must be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

Any violation of these conditions constitutes a breach of contract, and may result in revocation of camping approval.

The Forest Service reserves the right to terminate a camping permit at any time.

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The following wage determination and any revisions apply to this contract. A current copy of the wage determination can be downloaded from this link:

https://www.wdol.gov/wdol/scafiles/non-std/79-0150.sca?v=41

WD 79-0150 (Rev.-41) was first posted on www.wdol.gov on 01/03/2017 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

Daniel W. Simms Division of Wage | Wage Determination No: 1979-0150 Director Determinations | Revision No: 41 | 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: Mississippi Area: Mississippi Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contract for forestry, land management and cleaning of public use ares.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 12.30 08040 - Choker Setter 8.65 08070 - Faller/Bucker 10.06 08100 - Fire Lookout 12.30 08130 - Forestry Equipment Operator 10.76 08160 - Forestry/Logging Heavy Equipment Operator 12.25 08190 - Forestry Technician 12.25 08200 - Forestry Truck Driver 12.25 08250 - General Forestry Laborer 7.94 08280 - Nursery Specialist 17.04 08310 - Slash Piler/Burner 12.30 08340 - Tree Climber 13.77 08370 - Tree Planter 10.05 08400 - Tree Planter, Mechanical 10.05 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 https://www.wdol.gov/wdol/scafiles/non-std/79-0150.sca?v=41

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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)

** 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.

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** 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 (Revision 1), dated September 2014, 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

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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.

GENERAL INFORMATION