Attachment 13 - Wage Determination 2001-0315 - Forest.pdf

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WAGE DETERMINATIONS

Service Contract Act WD # 2001-0315

Non-Standard Service Description(s) Forestry and Land Management Services This WD may be used for contracts for use by the Department of Agriculture and the Department of Interior. Additionally, agencies such as the Corps of Engineers may also use this WD where it is apparent that the site of work is like a “forest”, and the land has not been landscaped or cultivated. This WD may not be used for: surveying, grass cutting, where it will be performed at an installation, am site or golf course, ribes survey, aerial spraying, trash collection, toilet cleanup, routine landscaping and lawn maintenance services.

States and Counties State New York

Counties Statewide

Wage Determination

Revision #

Service(s) Forestry and Land Management Services

Last Revised Date Apr 25, 2023

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"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.: 2001-0315 Daniel W. Simms Division of | Revision No.: 49 Director Wage Determinations| Date Of Last Revision: 04/25/2023 https://sam.gov/ javascript:void(0) javascript:void(0) https://sam.gov/content/home https://sam.gov/reports/awards/standard https://sam.gov/data-services https://sam.gov/content/help https://sam.gov/search/ javascript:void(0) https://sam.gov/api/prod/wdol/v1/wd/2001-0315/49/download?

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |Executive Order 14026 generally applies to | |after January 30, 2022, or the |the contract. | |contract is renewed or extended (e.g., |The contractor must pay all covered workers | |an option is exercised) on or after |at least $16.20 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2023. | |If the contract was awarded on or |Executive Order 13658 generally applies to | |between January 1, 2015 and January 29,|the contract. | |2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $12.15 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2023. |

The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: New York Area: New York Statewide **Fringe Bene�its Required Follow the Occupational Listing**

Employed on service contract for forestry services, land management, cleaning of public use areas, and timber.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 17.68 08040 - Choker Setter 13.14*** 08070 - Faller/Bucker 15.80*** 08100 - Fire Lookout 17.68 08130 - Forestry Equipment Operator 17.10 08160 - Forestry/Logging Heavy Equipment Operator 18.90 08190 - Forestry Technician 18.90 08250 - General Forestry Laborer 11.74*** 08280 - Nursery Specialist 22.96 08310 - Slash Piler/Burner 17.68 08340 - Tree Climber 19.57 08370 - Tree Planter 17.63 08400 - Tree Planter, Mechanical 17.63

***Workers in this classi�ication may be entitled to a higher minimum wage under Executive Order 14026 ($16.20 per hour) or 13658 ($12.15 per hour). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 and 13658 are not currently being enforced as to contracts or contract-like instruments entered into with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.80 per hour, up to 40 hours per week, or $192.00 per week or $832.00 per month

HEALTH & WELFARE EO 13706: $4.41 per hour, up to 40 hours per week, or $176.40 per week, or $764.40 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 8 years, and 4 weeks after 15 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. (See 29 CFR 4.173)

HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence 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 �ide collective bargaining agreement providing for a different amount, or the furnishing of contrary af�irmative 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 bene�it 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 re�lecting ""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 re�lects the actual CBA wage rates and fringe bene�its paid under the predecessor contract.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the ""Service Contract Act Directory of Occupations"", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE

Standard Form 1444 (SF-1444)

Conformance Process:

The contracting of�icer 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 classi�ication listed in the wage determination), be classi�ied by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classi�ications and the classi�ications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe bene�its 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 �inal determination of conformed classi�ication, wage rate, and/or fringe bene�its 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 identi�ies 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 classi�ication title(s), a Federal grade equivalency (FGE) for each proposed classi�ication(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 of�icer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting of�icer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modi�ies, or disapproves the action via transmittal to the agency contracting of�icer, or

History

Apr 25, 2023 2001-0315 - Revision 49

Dec 27, 2022 2001-0315 - Revision 48

Jun 27, 2022 2001-0315 - Revision 47

Apr 28, 2022 2001-0315 - Revision 46

Mar 15, 2022 2001-0315 - Revision 45

Dec 27, 2021 2001-0315 - Revision 44

Oct 20, 2021 2001-0315 - Revision 43

Jul 21, 2021 2001-0315 - Revision 42

Mar 15, 2021 2001-0315 - Revision 41

Dec 21, 2020 2001-0315 - Revision 40

Feb 19, 2020 2001-0315 - Revision 39

Dec 23, 2019 2001-0315 - Revision 38 noti�ies the contracting of�icer that additional time will be required to process the request.

5) The contracting of�icer 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 de�initions to ensure that duties requested are not performed by a classi�ication 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 arti�icially split, combine, or subdivide classi�ications listed in the wage determination."

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Jul 16, 2019 2001-0315 - Revision 37

Mar 07, 2019 2001-0315 - Revision 36

Dec 26, 2018 2001-0315 - Revision 35

Jul 03, 2018 2001-0315 - Revision 34

Apr 13, 2018 2001-0315 - Revision 33

Jan 10, 2018 2001-0315 - Revision 32

Dec 26, 2017 2001-0315 - Revision 31

Nov 08, 2017 2001-0315 - Revision 30

Jul 25, 2017 2001-0315 - Revision 29

Dec 30, 2016 2001-0315 - Revision 28

Dec 29, 2015 2001-0315 - Revision 27

Jul 08, 2015 2001-0315 - Revision 26

Feb 23, 2015 2001-0315 - Revision 25

Dec 22, 2014 2001-0315 - Revision 24

Jul 25, 2014 2001-0315 - Revision 23

Sep 03, 2013 2001-0315 - Revision 22

Jun 19, 2013 2001-0315 - Revision 21

Sep 07, 2012 2001-0315 - Revision 20

Jun 13, 2012 2001-0315 - Revision 19

Jun 13, 2011 2001-0315 - Revision 18 https://sam.gov/wage-determination/2001-0315/37 https://sam.gov/wage-determination/2001-0315/36 https://sam.gov/wage-determination/2001-0315/35 https://sam.gov/wage-determination/2001-0315/34 https://sam.gov/wage-determination/2001-0315/33 https://sam.gov/wage-determination/2001-0315/32 https://sam.gov/wage-determination/2001-0315/31 https://sam.gov/wage-determination/2001-0315/30 https://sam.gov/wage-determination/2001-0315/29 https://sam.gov/wage-determination/2001-0315/28 https://sam.gov/wage-determination/2001-0315/27 https://sam.gov/wage-determination/2001-0315/26 https://sam.gov/wage-determination/2001-0315/25 https://sam.gov/wage-determination/2001-0315/24 https://sam.gov/wage-determination/2001-0315/23 https://sam.gov/wage-determination/2001-0315/22 https://sam.gov/wage-determination/2001-0315/21 https://sam.gov/wage-determination/2001-0315/20 https://sam.gov/wage-determination/2001-0315/19 https://sam.gov/wage-determination/2001-0315/18

Nov 17, 2010 2001-0315 - Revision 17

Jun 15, 2010 2001-0315 - Revision 16

Nov 13, 2009 2001-0315 - Revision 15

May 26, 2009 2001-0315 - Revision 14

May 29, 2008 2001-0315 - Revision 13

Oct 31, 2007 2001-0315 - Revision 12

May 29, 2007 2001-0315 - Revision 11

Sep 08, 2006 2001-0315 - Revision 10

Jul 14, 2005 2001-0315 - Revision 8

May 23, 2005 2001-0315 - Revision 7

Jul 19, 2004 2001-0315 - Revision 6

May 27, 2004 2001-0315 - Revision 5

Jun 10, 2003 2001-0315 - Revision 4

May 15, 2003 2001-0315 - Revision 3

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