AG-65T0-S-14-0013.rtf

RFQ AG-65T0-S-14-0013 BN Tree Seedling Transportation

United States Department of Agriculture

Non Discrimination Statement The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, ect.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

Enter Pricing Information on SF-1449; Estimated “running miles” 19,540

SECTION C - Description/Specifications/Statement of Work

DIVISION 100 – GENERAL SPECIFICATIONS

110 - DESCRIPTION OF WORK

Contractor shall furnish all necessary labor, supervision, transportation, equipment, materials, supplies and incidentals necessary to provide make deliveries of tree seedlings to various locations in Nebraska, Colorado, Wyoming, and South Dakota, originating from the Bessey Nursery at Halsey, Nebraska in accordance with the attached specifications, wage rates, terms and conditions.

PROJECT LOCATION

This project is located at the Bessey Nursery, 40637 River Loop, Halsey, NE 69142

120 - Government Furnished Property

The Government will furnish a forty eight (48) foot refrigerated van and will be responsible for the costs of emergency repairs. Forest Service crews will provide labor for loading and unloading the tree seedlings. Contractor will be responsible for returning the Government furnished van to the Bessey Nursery, Halsey, NE after each delivery is made. Only Government furnished items will be authorized to be transported in the Government furnished refrigerated van.

130 – Contractor Furnished The Contractor will provide Liability Insurance to cover replacement cost of Government refrigerated van and Tree Seedlings. Value of 48’ van is $45,000; and a full load of tree seedlings is $80,000. Contractor MUST show proof of insurance at time of award. Contractor furnishes all operating supplies, including fuel to pull 48’ refrigerated van.

DIVISION 200 - TECHNICIAL SPECIFICATIONS

210 - Delivery Time

All dates are approximate and will depend on the weather. The Contractor will be notified of the required delivery date at least four (4) days prior to that date. The Contractor will provide the Nursery Manager with an estimated time for arrival (ETA) at destination or destinations at this time. If while enroute the Contractor discovers that the ETA is going to vary more that one hour, he will notify a contact person at the destination. Destination addresses, contacts and telephone numbers will be provided to the Contractor by the Forest Service when the load of tree seedlings is picked up at Bessey Nursery.

All loading and unloading of tree seedlings shall be done during regular local working hours, unless otherwise mutually agreed upon in advance.

220 - General Payment for this contract will be determined by the “running miles”.

The refrigerated van is parked on the grounds at the Bessey Nursery and will need to be moved from its storage location to the loading dock several times during the course of this contract. Depending on the work load of the nursery and other activities at the loading dock and packing shed, it may not always be possible to move the trailer on the scheduled departure day. The Contractor will be given a five (5) day notice when the trailer needs to be moved.

Contractor will be required to travel on all types of roads to make the deliveries. However, travel will not be required during conditions that the driver considers unsafe for the operator or equipment.

Contractor will be responsible for counting all boxes hauled in each vehicle and for securing a receipt signature for the same number of boxes at the delivery sites. On loads that have more than one delivery site, the Contractor will be responsible for securing the load, to prevent shifting, between deliveries.

No tree seedlings will be loaded or unloaded without a Forest Service receiving officer present.

Mileage is to be recorded on receipt documents at each delivery site.

Refrigerated van temperature will be set at the Bessey Nursery by Forest Service personnel. The Contractor will be responsible for the proper operation of the refer and maintaining the proper temperature within the van. Any malfunction of the refrigeration unit will be reported to the Nursery Manager immediately. The Contractor will be responsible for obtaining all necessary repairs as soon as possible. The Forest Service will be responsible for the cost of such emergency repairs.

The nursery will set the temperature of the refrigerated van before it leaves the Bessey Nursery. The Contractor will be liable for the value of the tree seedlings if during transportation the seedlings become overheated 10 degrees above the preset temperature due to negligence in maintaining proper temperature or acquiring necessary repairs. Value of a full load of tree seedlings is approximately $80,000.

DIVISION 300 - INSPECTION AND ACCEPTANCE

310 - Inspection and Acceptance

The Contractor's deliveries will be inspected and accepted by the Government upon individual deliveries to the various site locations in accordance with the specifications in Division 200.

DIVISION 400 - MEASUREMENT AND PAYMENT

410 - Measurement and Payment

Payment will be made after receipt of a proper invoice from the Contractor at the contract price for running miles driven and goods accepted by the Government.

Government reserves the right to cancel all or part of the deliveries and pay for only the actual miles driven.

POSSIBLE trips and destinations for 2014, all originating from the Bessey Nursery, Nebraska National Forests and Grasslands, Halsey, NE.

Destination* Estimated Delivery Dates** Estimated Mileage *** Pagosa Springs, Colorado (San Juan NF) 2 loads March 2014, September 2014 3400 miles Fairplay, Colorado (PSICC NF) 2 loads March 2014 2100 miles Custer, SD (Black Hills NF) April 2014 690 miles Chadron, NE (NNF&G) April 2014 450 miles Wahoo, York, Lincoln, Beatrice, Tecumseh, Davenport and Alma (All in Nebraska) **** First or second week of April 2014 700 miles Hartington, Norfolk, Butte (All in Nebraska)**** First, second or third week of April 2014 800 miles Chamberlain, Tyndall, Flandreau (All in South Dakota)**** First, second or third week of April 2014 1200 miles Watertown, SD (To be Determined – may be additional destinations in SD) First, second or third week of April 2014 1500 miles Towner, ND (2 loads) First, second or third week of April 2014 2200 miles Ft. Collins, CO (Arapahoe/Roosevelt NF) May 2014 900 miles Dillon, CO (White River NF) 4 loads May 2014, June 2014 4400 miles Gunnison, CO (GMUG NF) May 2014 1200 miles

TOTAL ESTIMATED MILES

19,540 miles

*Destinations may change depending on the number of orders received before the first part of April.

**Actual delivery date will be determined according to weather and planting conditions.

***All mileage is estimated and may change as the destinations changes.

****These loads involve more than one drop point.

Some loads may be combined, decreasing the total number of miles. Bidders should carefully review General and Technical specifications.

SECTION D - Packaging and Marking (For this Solicitation there are no Clauses in this Section)

SECTION E - Inspection and Acceptance

52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/

52.242-15 Stop Work Order (AUG 1989) 52.246-1 Contractor Inspection Requirements. (APR 1984) 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

SECTION F - Deliveries or Performance

452.211-74 Period of Performance. (FEB 1988) The period of performance of this contract is from March 15, 2014 through September 30, 2014.

452.211-75 Effective Period of the Contract. (FEB 1988) The effective period of this contract is from March 15, 2014 through September 30, 2014.

SECTION G - Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: TBD

SECTION H - Special Contract Requirements

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Truck Driver

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit theinformation required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

SECTION I - Contract Clauses 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

(Jan 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

XX (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

XX (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] XX (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

XX (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

XX (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

XX (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

XX(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

XX(39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XX (48) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (49) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (52)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

XX (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.204-7 System for Award Management. (JUL 2013) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.217-6 Option for Increased Quantity. (MAR 1989) 52.222-26 Equal Opportunity. (MAR 2007) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.223-12 Refrigeration Equipment and Air Conditioners. (MAY 1995) 52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008) 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) 52.228-9 Cargo Insurance. (MAY 1999) 52.228-10 Vehicular and General Public Liability Insurance. (APR 1984) 52.232-1 Payments. (APR 1984) 52.232-4 Payments under Transportation Contracts and Transportation-Related Services Contracts.

(APR 1984)

52.232-8 Discounts for Prompt Payment. (FEB 2002) 52.232-11 Extras. (APR 1984) 52.232-23 Assignment of Claims. (JAN 1986) 52.232-25 Prompt payment. (JUL 2013) 52.233-1 Disputes. (JUL 2002) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.243-1 Changes - Fixed-Price. (AUG 1987) - Alternate IV (APR 1984) 52.244-6 Subcontracts for Commercial Items. (DEC 2013) 52.245-1 Government Property. (APR 2012) 52.245-9 Use and Charges. (APR 2012) 52.246-20 Warranty of Services. (MAY 2001) 52.247-14 Contractor Responsibility for Receipt of Shipment. (APR 1984) 52.247-15 Contractor Responsibility for Loading and Unloading. (APR 1984) 52.247-16 Contractor Responsibility for Returning Undelivered Freight. (APR 1984) 52.247-18 Multiple Shipments. (APR 1984) 52.247-21 Contractor Liability for Personal Injury and/or Property Damage. (APR 1984) 52.247-22 Contractor Liability for Loss of and/or Damage to Freight other than Household Goods. (APR 1984) 52.247-24 Advance Notification by the Government. (APR 1984) 52.247-25 Government-Furnished Equipment With or Without Operators. (APR 1984) 52.247-27 Contract Not Affected by Oral Agreement. (APR 1984) 52.247-28 Contractor's Invoices. (APR 1984) 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984) 52.253-1 Computer Generated Forms. (JAN 1991) 452.237-70 Loss, Damage, Destruction or Repair. (FEB 1988)

AGAR 452.209.71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS (FEB 2012)

(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted.

52.232-99, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

SECTION J - List of Documents, Exhibits, and Other Attachments

WD 05-2324 (Rev.-15) was first posted on www.wdol.gov on 06/25/2013

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2005-2324 Diane C. Koplewski Division of | Revision No.: 16 Director Wage Determinations| Date Of Revision: 06/19/2013 State: Nebraska

Area: Nebraska Counties of Adams, Antelope, Arthur, Blaine, Boone, Boyd, Brown, Buffalo, Chase, Cherry, Clay, Custer, Dawson, Dundy, Fillmore, Franklin, Frontier, Furnas, Garfield, Gosper, Grant, Greeley, Hall, Hamilton, Harlan, Hayes, Hitchcock, Holt, Hooker, Howard, Jefferson, Kearney, Keith, Keya Paha, Knox, Lincoln, Logan, Loup, McPherson, Merrick, Nance, Nuckolls, Perkins, Phelps, Platte, Polk, Red Willow, Rock, Saline, Seward, Sherman, Thayer, Thomas, Valley, Webster, Wheeler, York **Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 12.61 01012 - Accounting Clerk II 14.40 01013 - Accounting Clerk III 16.11 01020 - Administrative Assistant 19.65 01040 - Court Reporter 15.75 01051 - Data Entry Operator I 10.70 01052 - Data Entry Operator II 12.72 01060 - Dispatcher, Motor Vehicle 15.75 01070 - Document Preparation Clerk 12.04 01090 - Duplicating Machine Operator 12.04 01111 - General Clerk I 11.45 01112 - General Clerk II 12.59 01113 - General Clerk III 14.02 01120 - Housing Referral Assistant 17.77 01141 - Messenger Courier 10.46 01191 - Order Clerk I 10.41 01192 - Order Clerk II 12.04 01261 - Personnel Assistant (Employment) I 13.53 01262 - Personnel Assistant (Employment) II 15.75 01263 - Personnel Assistant (Employment) III 16.91 01270 - Production Control Clerk 17.94 01280 - Receptionist 13.41 01290 - Rental Clerk 13.20 01300 - Scheduler, Maintenance 14.24 01311 - Secretary I 14.24 01312 - Secretary II 15.93 01313 - Secretary III 17.77 01320 - Service Order Dispatcher 14.36 01410 - Supply Technician 19.65 01420 - Survey Worker 15.75 01531 - Travel Clerk I 12.17 01532 - Travel Clerk II 12.94 01533 - Travel Clerk III 13.73 01611 - Word Processor I 12.04 01612 - Word Processor II 13.38 01613 - Word Processor III 15.75 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 19.72 05010 - Automotive Electrician 17.07 05040 - Automotive Glass Installer 16.53 05070 - Automotive Worker 16.53 05110 - Mobile Equipment Servicer 15.40 05130 - Motor Equipment Metal Mechanic 17.66 05160 - Motor Equipment Metal Worker 16.53 05190 - Motor Vehicle Mechanic 17.68 05220 - Motor Vehicle Mechanic Helper 15.64 05250 - Motor Vehicle Upholstery Worker 15.94 05280 - Motor Vehicle Wrecker 16.53 05310 - Painter, Automotive 17.07 05340 - Radiator Repair Specialist 16.53 05370 - Tire Repairer 11.41 05400 - Transmission Repair Specialist 17.66 07000 - Food Preparation And Service Occupations 07010 - Baker 12.10 07041 - Cook I 10.12 07042 - Cook II 10.86 07070 - Dishwasher 8.39 07130 - Food Service Worker 8.85 07210 - Meat Cutter 12.79 07260 - Waiter/Waitress 8.81 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 14.52 09040 - Furniture Handler 10.39 09080 - Furniture Refinisher 14.52 09090 - Furniture Refinisher Helper 11.92 09110 - Furniture Repairer, Minor 13.46 09130 - Upholsterer 14.40 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 9.57 11060 - Elevator Operator 10.89 11090 - Gardener 14.73 11122 - Housekeeping Aide 11.55 11150 - Janitor 11.55 11210 - Laborer, Grounds Maintenance 12.28 11240 - Maid or Houseman 8.57 11260 - Pruner 11.30 11270 - Tractor Operator 13.86 11330 - Trail Maintenance Worker 12.28 11360 - Window Cleaner 12.41 12000 - Health Occupations 12010 - Ambulance Driver 16.67 12011 - Breath Alcohol Technician 16.67 12012 - Certified Occupational Therapist Assistant 19.16 12015 - Certified Physical Therapist Assistant 21.00 12020 - Dental Assistant 14.52 12025 - Dental Hygienist 31.55 12030 - EKG Technician 25.67 12035 - Electroneurodiagnostic Technologist 25.67 12040 - Emergency Medical Technician 16.67 12071 - Licensed Practical Nurse I 14.90 12072 - Licensed Practical Nurse II 16.67 12073 - Licensed Practical Nurse III 18.60 12100 - Medical Assistant 12.90 12130 - Medical Laboratory Technician 14.94 12160 - Medical Record Clerk 12.96 12190 - Medical Record Technician 14.89 12195 - Medical Transcriptionist 15.75 12210 - Nuclear Medicine Technologist 26.60 12221 - Nursing Assistant I 9.82 12222 - Nursing Assistant II 11.04 12223 - Nursing Assistant III 12.05 12224 - Nursing Assistant IV 13.52 12235 - Optical Dispenser 14.52 12236 - Optical Technician 14.90 12250 - Pharmacy Technician 13.64 12280 - Phlebotomist 13.52 12305 - Radiologic Technologist 23.16 12311 - Registered Nurse I 22.12 12312 - Registered Nurse II 27.06 12313 - Registered Nurse II, Specialist 27.06 12314 - Registered Nurse III 32.74 12315 - Registered Nurse III, Anesthetist 32.74 12316 - Registered Nurse IV 39.23 12317 - Scheduler (Drug and Alcohol Testing) 20.56 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 17.44 13012 - Exhibits Specialist II 21.61 13013 - Exhibits Specialist III 26.43 13041 - Illustrator I 17.24 13042 - Illustrator II 21.37 13043 - Illustrator III 26.13 13047 - Librarian 23.92 13050 - Library Aide/Clerk 11.71 13054 - Library Information Technology Systems 21.61 Administrator 13058 - Library Technician 16.15 13061 - Media Specialist I 15.59 13062 - Media Specialist II 17.44 13063 - Media Specialist III 19.45 13071 - Photographer I 13.84 13072 - Photographer II 15.09 13073 - Photographer III 19.05 13074 - Photographer IV 22.90 13075 - Photographer V 24.87 13110 - Video Teleconference Technician 13.78 14000 - Information Technology Occupations 14041 - Computer Operator I 14.57 14042 - Computer Operator II 16.30 14043 - Computer Operator III 18.18 14044 - Computer Operator IV 20.20 14045 - Computer Operator V 22.36 14071 - Computer Programmer I (see 1) 20.99 14072 - Computer Programmer II (see 1) 26.01 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 14.57 14160 - Personal Computer Support Technician 20.20 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 29.42 15020 - Aircrew Training Devices Instructor (Rated) 35.59 15030 - Air Crew Training Devices Instructor (Pilot) 40.58 15050 - Computer Based Training Specialist / Instructor 29.42 15060 - Educational Technologist 25.73 15070 - Flight Instructor (Pilot) 40.58 15080 - Graphic Artist 19.22 15090 - Technical Instructor 17.81 15095 - Technical Instructor/Course Developer 21.78 15110 - Test Proctor 14.37 15120 - Tutor 14.37 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.03 16030 - Counter Attendant 9.03 16040 - Dry Cleaner 10.82 16070 - Finisher, Flatwork, Machine 9.03 16090 - Presser, Hand 9.03 16110 - Presser, Machine, Drycleaning 9.03 16130 - Presser, Machine, Shirts 9.03 16160 - Presser, Machine, Wearing Apparel, Laundry 9.03 16190 - Sewing Machine Operator 11.44 16220 - Tailor 12.11 16250 - Washer, Machine 9.68 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 19.30 19040 - Tool And Die Maker 22.14 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 13.82 21030 - Material Coordinator 19.10 21040 - Material Expediter 19.10 21050 - Material Handling Laborer 10.83 21071 - Order Filler 11.67 21080 - Production Line Worker (Food Processing) 13.82 21110 - Shipping Packer 11.67 21130 - Shipping/Receiving Clerk 11.67 21140 - Store Worker I 11.77 21150 - Stock Clerk 14.98 21210 - Tools And Parts Attendant 13.82 21410 - Warehouse Specialist 13.82 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 19.80 23021 - Aircraft Mechanic I 18.95 23022 - Aircraft Mechanic II 19.80 23023 - Aircraft Mechanic III 20.42 23040 - Aircraft Mechanic Helper 14.48 23050 - Aircraft, Painter 18.24 23060 - Aircraft Servicer 16.35 23080 - Aircraft Worker 17.30 23110 - Appliance Mechanic 17.16 23120 - Bicycle Repairer 11.41 23125 - Cable Splicer 20.63 23130 - Carpenter, Maintenance 18.18 23140 - Carpet Layer 17.28 23160 - Electrician, Maintenance 19.13 23181 - Electronics Technician Maintenance I 19.71 23182 - Electronics Technician Maintenance II 22.43 23183 - Electronics Technician Maintenance III 22.53 23260 - Fabric Worker 16.31 23290 - Fire Alarm System Mechanic 20.56 23310 - Fire Extinguisher Repairer 15.34 23311 - Fuel Distribution System Mechanic 18.95 23312 - Fuel Distribution System Operator 15.34 23370 - General Maintenance Worker 17.35 23380 - Ground Support Equipment Mechanic 18.95 23381 - Ground Support Equipment Servicer 16.35 23382 - Ground Support Equipment Worker 17.30 23391 - Gunsmith I 15.34 23392 - Gunsmith II 17.28 23393 - Gunsmith III 18.95 23410 - Heating, Ventilation And Air-Conditioning 20.71 Mechanic 23411 - Heating, Ventilation And Air Contditioning 21.64 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 20.48 23440 - Heavy Equipment Operator 16.78 23460 - Instrument Mechanic 18.95 23465 - Laboratory/Shelter Mechanic 18.20 23470 - Laborer 11.91 23510 - Locksmith 18.20 23530 - Machinery Maintenance Mechanic 20.67 23550 - Machinist, Maintenance 17.07 23580 - Maintenance Trades Helper 15.96 23591 - Metrology Technician I 18.95 23592 - Metrology Technician II 19.80 23593 - Metrology Technician III 20.42 23640 - Millwright 18.95 23710 - Office Appliance Repairer 16.94 23760 - Painter, Maintenance 17.75 23790 - Pipefitter, Maintenance 21.17 23810 - Plumber, Maintenance 20.48 23820 - Pneudraulic Systems Mechanic 18.95 23850 - Rigger 18.69 23870 - Scale Mechanic 17.28 23890 - Sheet-Metal Worker, Maintenance 20.47 23910 - Small Engine Mechanic 16.86 23931 - Telecommunications Mechanic I 22.06 23932 - Telecommunications Mechanic II 23.05 23950 - Telephone Lineman 20.56 23960 - Welder, Combination, Maintenance 16.49 23965 - Well Driller 18.95 23970 - Woodcraft Worker 18.95 23980 - Woodworker 15.34 24000 - Personal Needs Occupations 24570 - Child Care Attendant 9.77 24580 - Child Care Center Clerk 11.85 24610 - Chore Aide 10.37 24620 - Family Readiness And Support Services 12.02 Coordinator 24630 - Homemaker 14.49 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 17.77 25040 - Sewage Plant Operator 18.93 25070 - Stationary Engineer 17.77 25190 - Ventilation Equipment Tender 14.92 25210 - Water Treatment Plant Operator 18.93 27000 - Protective Service Occupations 27004 - Alarm Monitor 16.41 27007 - Baggage Inspector 12.45 27008 - Corrections Officer 16.38 27010 - Court Security Officer 16.75 27030 - Detection Dog Handler 13.93 27040 - Detention Officer 16.38 27070 - Firefighter 16.75 27101 - Guard I 12.82 27102 - Guard II 14.34 27131 - Police Officer I 18.67 27132 - Police Officer II 20.72 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 11.24 28042 - Carnival Equipment Repairer 11.87 28043 - Carnival Equpment Worker 9.21 28210 - Gate Attendant/Gate Tender 13.00 28310 - Lifeguard 11.34 28350 - Park Attendant (Aide) 14.54 28510 - Recreation Aide/Health Facility Attendant 10.62 28515 - Recreation Specialist 17.03 28630 - Sports Official 11.59 28690 - Swimming Pool Operator 17.35 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 19.82 29020 - Hatch Tender 19.82 29030 - Line Handler 19.82 29041 - Stevedore I 18.71 29042 - Stevedore II 20.87 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.77 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.66 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 - Archeological Technician I 17.06 30022 - Archeological Technician II 19.40 30023 - Archeological Technician III 24.05 30030 - Cartographic Technician 24.05 30040 - Civil Engineering Technician 19.37 30061 - Drafter/CAD Operator I 17.06 30062 - Drafter/CAD Operator II 19.40 30063 - Drafter/CAD Operator III 21.64 30064 - Drafter/CAD Operator IV 26.17 30081 - Engineering Technician I 14.27 30082 - Engineering Technician II 16.16 30083 - Engineering Technician III 18.06 30084 - Engineering Technician IV 22.38 30085 - Engineering Technician V 27.37 30086 - Engineering Technician VI 32.87 30090 - Environmental Technician 21.02 30210 - Laboratory Technician 17.33 30240 - Mathematical Technician 23.64 30361 - Paralegal/Legal Assistant I 18.03 30362 - Paralegal/Legal Assistant II 22.35 30363 - Paralegal/Legal Assistant III 25.03 30364 - Paralegal/Legal Assistant IV 27.70 30390 - Photo-Optics Technician 23.64 30461 - Technical Writer I 20.71 30462 - Technical Writer II 25.33 30463 - Technical Writer III 30.65 30491 - Unexploded Ordnance (UXO) Technician I 22.74 30492 - Unexploded Ordnance (UXO) Technician II 27.51 30493 - Unexploded Ordnance (UXO) Technician III 32.97 30494 - Unexploded (UXO) Safety Escort 22.74 30495 - Unexploded (UXO) Sweep Personnel 22.74 30620 - Weather Observer, Combined Upper Air Or (see 2) 21.64 Surface Programs 30621 - Weather Observer, Senior (see 2) 23.64 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 10.13 31030 - Bus Driver 14.33 31043 - Driver Courier 13.07 31260 - Parking and Lot Attendant 8.88 31290 - Shuttle Bus Driver 13.44 31310 - Taxi Driver 10.49 31361 - Truckdriver, Light 13.44 31362 - Truckdriver, Medium 14.10 31363 - Truckdriver, Heavy 15.27 31364 - Truckdriver, Tractor-Trailer 15.27 99000 - Miscellaneous Occupations 99030 - Cashier 9.43 99050 - Desk Clerk 8.76 99095 - Embalmer 27.90 99251 - Laboratory Animal Caretaker I 10.90 99252 - Laboratory Animal Caretaker II 11.65 99310 - Mortician 27.90 99410 - Pest Controller 17.69 99510 - Photofinishing Worker 12.92 99710 - Recycling Laborer 14.78 99711 - Recycling Specialist 17.06 99730 - Refuse Collector 13.63 99810 - Sales Clerk 10.98 99820 - School Crossing Guard 12.83 99830 - Survey Party Chief 26.88 99831 - Surveying Aide 14.51 99832 - Surveying Technician 17.85 99840 - Vending Machine Attendant 15.40 99841 - Vending Machine Repairer 17.51 99842 - Vending Machine Repairer Helper 15.46

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: Life, accident, and health insurance plans, sick leave, pension plans, civic and personal leave, severance pay, and savings and thrift plans.

Minimum employer contributions costing an average of $3.71 average computed on the basis of all hours worked by service employees employed on the contract.

VACATION: 1 week paid vacation after 1 year of service with a contractor or successor; 2 weeks after 2 years; 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)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.

400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.

Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:

(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;

(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).

2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.

If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).

HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives.

Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used.

All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay.

** UNIFORM…