Attachment_2_Service_Contract_Act_WD_2015-5451_Revision_7212021.pdf

8/19/2021 SAM.gov https://sam.gov/wage-determination/2015-5451/14 1/11

"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.: 2015-5451

Daniel W. Simms Division of | Revision No.: 14 Director Wage Determinations| Date Of Last Revision: 07/21/2021 Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.95 for calendar year 2021 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 $10.95 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 2021. 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: New Mexico

Area: New Mexico Counties of Cibola Colfax McKinley Mora Rio Arriba San Miguel Taos

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.22 01012 - Accounting Clerk II 15.97 01013 - Accounting Clerk III 17.86 01020 - Administrative Assistant 26.61 01035 - Court Reporter 18.61 01041 - Customer Service Representative I 12.17 01042 - Customer Service Representative II 13.68 01043 - Customer Service Representative III 14.92 01051 - Data Entry Operator I 12.80 01052 - Data Entry Operator II 13.97 01060 - Dispatcher Motor Vehicle 18.73 01070 - Document Preparation Clerk 13.97 01090 - Duplicating Machine Operator 13.97 01111 - General Clerk I 12.46 01112 - General Clerk II 13.59 01113 - General Clerk III 15.26 01120 - Housing Referral Assistant 19.56 01141 - Messenger Courier 11.39 01191 - Order Clerk I 12.80 01192 - Order Clerk II 13.97 01261 - Personnel Assistant (Employment) I 15.82 01262 - Personnel Assistant (Employment) II 17.69 01263 - Personnel Assistant (Employment) III 19.73 01270 - Production Control Clerk 23.17 01290 - Rental Clerk 13.48 01300 - Scheduler Maintenance 15.69 01311 - Secretary I 15.69 01312 - Secretary II 17.54 https://sam.gov/wage-determination/2015-5451/14 3/11

12072 - Licensed Practical Nurse II 20.92 12073 - Licensed Practical Nurse III 23.32 12100 - Medical Assistant 15.34 12130 - Medical Laboratory Technician 26.87 12160 - Medical Record Clerk 16.62 12190 - Medical Record Technician 18.58 12195 - Medical Transcriptionist 18.45 12210 - Nuclear Medicine Technologist 45.35 12221 - Nursing Assistant I 12.00 12222 - Nursing Assistant II 13.49 12223 - Nursing Assistant III 14.72 12224 - Nursing Assistant IV 16.53 12235 - Optical Dispenser 20.63 12236 - Optical Technician 18.45 12250 - Pharmacy Technician 17.71 12280 - Phlebotomist 18.17 12305 - Radiologic Technologist 29.61 12311 - Registered Nurse I 25.39 12312 - Registered Nurse II 31.06 12313 - Registered Nurse II Specialist 31.06 12314 - Registered Nurse III 37.58 12315 - Registered Nurse III Anesthetist 37.58 12316 - Registered Nurse IV 45.04 12317 - Scheduler (Drug and Alcohol Testing) 25.56 12320 - Substance Abuse Treatment Counselor 24.12 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 19.70 13012 - Exhibits Specialist II 24.40 13013 - Exhibits Specialist III 29.84 13041 - Illustrator I 19.48 13042 - Illustrator II 24.15 13043 - Illustrator III 27.86 13047 - Librarian 27.03 13050 - Library Aide/Clerk 11.02 13054 - Library Information Technology Systems 24.40 Administrator 13058 - Library Technician 15.10 13061 - Media Specialist I 17.60 13062 - Media Specialist II 19.70 13063 - Media Specialist III 21.96 13071 - Photographer I 17.60 13072 - Photographer II 19.70 13073 - Photographer III 24.40 13074 - Photographer IV 29.40 13075 - Photographer V 35.56 13090 - Technical Order Library Clerk 16.23 13110 - Video Teleconference Technician 18.57 14000 - Information Technology Occupations 14041 - Computer Operator I 18.13 14042 - Computer Operator II 20.28 14043 - Computer Operator III 23.13 14044 - Computer Operator IV 25.73 14045 - Computer Operator V 29.45 14071 - Computer Programmer I (see 1) 24.65 14072 - Computer Programmer II (see 1) 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 18.13 14160 - Personal Computer Support Technician 25.73 14170 - System Support Specialist 30.00 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 30.38 https://sam.gov/wage-determination/2015-5451/14 7/11

30501 - Weather Forecaster I 28.50 30502 - Weather Forecaster II 34.66 30620 - Weather Observer Combined Upper Air Or (see 2) 23.93 Surface Programs 30621 - Weather Observer Senior (see 2) 26.59 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 31.17 31020 - Bus Aide 11.27 31030 - Bus Driver 17.35 31043 - Driver Courier 13.34 31260 - Parking and Lot Attendant 9.93 31290 - Shuttle Bus Driver 13.56 31310 - Taxi Driver 11.43 31361 - Truckdriver Light 13.56 31362 - Truckdriver Medium 16.66 31363 - Truckdriver Heavy 19.68 31364 - Truckdriver Tractor-Trailer 19.68 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 15.20 99030 - Cashier 10.42 99050 - Desk Clerk 11.39 99095 - Embalmer 25.76 99130 - Flight Follower 25.76 99251 - Laboratory Animal Caretaker I 17.92 99252 - Laboratory Animal Caretaker II 20.00 99260 - Marketing Analyst 22.26 99310 - Mortician 25.76 99410 - Pest Controller 22.01 99510 - Photofinishing Worker 13.54 99710 - Recycling Laborer 15.33 99711 - Recycling Specialist 19.46 99730 - Refuse Collector 13.39 99810 - Sales Clerk 12.59 99820 - School Crossing Guard 12.85 99830 - Survey Party Chief 24.28 99831 - Surveying Aide 22.10 99832 - Surveying Technician 22.28 99840 - Vending Machine Attendant 12.89 99841 - Vending Machine Repairer 16.24 99842 - Vending Machine Repairer Helper 12.29

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.

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ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.60 per hour up to 40 hours per week or $184.00 per week or $797.33 per month

HEALTH & WELFARE EO 13706: $4.23 per hour up to 40 hours per week or $169.20 per week or $733.20 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 10 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 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)

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.

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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 ordnance explosives and incendiary materials. This includes work such as screening blending dying mixing and pressing of sensitive ordnance 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 re-grading 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 ordnance (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 ordnance 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 ordnance explosives and incendiary material differential pay.

** UNIFORM ALLOWANCE **

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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.

** 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 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 (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 paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are https://sam.gov/wage-determination/2015-5451/14 11/11 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 U.S.

Department of Labor Wage and Hour Division 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 Division's decision to the contractor.

6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)).

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"" 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 (See 29 CFR 4.152(c)(1))."