Section_J_Attachment_5_WD_2010-0147_Rev_3_Nationwide.pdf

REGISTER OF WAGE DETERMINATIONS UNDER

THE SERVICE CONTRACT ACT

By direction of the Secretary of Labor

Diane C. Koplewski Director

Division of Wage Determinations

U.S. DEPARTMENT OF LABOR

EMPLOYMENT STANDARDS ADMINISTRATION

WAGE AND HOUR DIVISION

WASHINGTON, D.C. 20210

Wage Determination No.: 2010-0147

Revision No.: 3 Date of Last Revision: 01/29/2015

Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Service Contract Act for which the solicitation is 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 $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. 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.

NATIONWIDE: This wage determination applies to the United States East, Gulf and West Coasts

Licensed Marine Engineers - See Wage Determination 2014-0800 Masters and Mates Employees - See Wage Determination 2014-0801

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contract for operation and maintenance of deep sea vessels in the above locality (based on Union Dominance (Seafarers International Union): UNLICENSED EMPLOYEES:

OCCUPATION CODE - TITLE FOOTNOTE RATE

47010 - Boatswains Freight 148 .48 Daily

Tanker 153 .01 Daily 47020 - Chief Cook/Steward Chief Cook - Freight 116 .73 Daily

Chief Cook - Tanker 120 .33 Daily

Steward Assistant - Freight 77 .54 Daily

Steward Assistant - Tanker 76 .80 Daily

Steward/Baker - Freight 148 .48 Daily

Steward/Baker - Tanker 153 .01 Daily 47050 - Electrician 158 .87 Daily 47060 - Engine Utilityman General Utility Deck/Engine - Freight 92 .88 Daily

General Utility Deck/Engine - Tanker 91 .99 Daily

QMED (Unlicensed Junior Engineers) - Freight 148 .48 Daily

QMED (Unlicensed Junior Engineers) - Tanker 153 .01 Daily 47090 - Oiler/Diesel Oiler Oiler - Freight 99 .98 Daily

Oiler - Tanker 100 .19 Daily 47401 - Seaman Ab Dayworker - Freight 111 .66 Daily

Ab Dayworker - Tanker 113 .84 Daily

Able Seaman - Freight 99 .98 Daily

Able Seaman - Tanker 100 .19 Daily

Ordinary Seaman - Freight 78 .15 Daily

Ordinary Seaman - Tanker 79 .44 Daily 47801 - Wiper 91 .99 Daily

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

1/ Health and welfare, pension, and training contribution of $74.60 per day per man.

2/ Paid Vacation: Employer contribution of 58 percent of base pay per may per day.

3/ 10 Paid holidays per year: New Year's Day, Martin Luther King, Jr.'s Birthday, Presidents; Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day. Any day that is a recognized Holiday for the longshoremen in continental U.S. ports shall also be a recognized Holiday for the crew while in that particular port.

4/ Training and Hiring Fund: $18.00 per man per day.

5/ Money Purchase Pension Contribution: Five (5%) of base wage per man per day.

6/ Penalty Rate: The rates specified below shall be paid for following work.

(a) Penalty cargoes, longshore work, restriction to ship, removing soot from the stack; cleaning bilges and oil spills, tank cleaning, Steering Engine Room and Bow Truster Room.

When the Unlicensed personnel is required to work explosives at any time, they shall be paid for such work in addition to their regular monthly wages at the rate of ten dollars ($10.00) per hour unless a higher rate is specified.

7/ OFF WATCH: Monday through Friday Group I $31.49; Group II $21.89, Group III $17.37.

8/ ON WATCH: Saturdays, Sundays and Holidays Group I $20.11; Group II $16.13, Group III $14.35.

GENERAL NOTE

I. In determining the class of vessel, horsepower shall be taken from the Record of the American Bureau of Shipping and admeasurement of tonnage as determined by the U.S. Coast Guard, Marine Inspection, Admeasurement Section.

Power tonnage is the sum of the gross tons figure added to the horsepower figure.

Classification of Vessels

CLASS SINGLE SCREW POWER TONNAGE

A-4 70,001 AND OVER

A-3 45,001 TO 70,000

A-2 35,001 TO 45,000

A-1 25,001 TO 35,000

A 17,001 TO 25,000

B 12,001 TO 17,000

C 7,501 TO 12,000

D 5,001 TO 7,500

E TWIN SCREW LESS THAN 5,001

A-4 51,000 AND OVER

A-3 35,001 TO 51,000

A-2 28,001 TO 35,000

A-1 20,001 TO 28,000

A 15,001 TO 20,000

B 9,001 TO 15,000

C 5,501 TO 9,000

D 3,501 TO 5,500

E LESS THAN 3,501

II. Terms utilized in this wage determination not otherwise defined herein shall have meanings and definitions as utilized in the U.S. Coast Guard Regulations and Policy issued pursuant to Title 46 USC and as published by the U.S. Coast Guard in the following publications and others:

1. 46 CFR Parts 1, 10, 15, 26, 35, 157, 175, 185, 186, and 187 as published in the U.S. Federal Register.

2. U.S. Coast Guard Commandant Instruction COMDTINST MI6000.3, Marine Safety Manual, Volume III-Marine Industry Personnel.

III. The term "service employee" does not include any employee who qualifies as an executive, administrative, or professional employee as those terms are identified in Regulations, Part 541, issued under the Fair Standards Act.

(See CFR, Part 541.)

IV. Subsistence and Quarters: Subsistence and quarters of equivalent value thereof may not be credited toward the provision of minimum wages and fringe benefits required herein.

V. This wage determination applies to United States East, West, and Gulf Coasts.

** 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.

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 procedure 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 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.