Attachment 7 DOL WD 07-0134 Rev 5.doc

WD 07-0134 (Rev.-5) was first posted on www.wdol.gov on 11/06/2007

Diver Services

REGISTER OF WAGE DETERMINATIONS UNDER ³ U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT ³ EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor ³ WAGE AND HOUR DIVISION

³ WASHINGTON, D.C. 20210

³

³

William W. Gross Division of Wage ³ Wage Determination No: 2007-0134

Director Determinations ³ Revision No: 5

³ Date Of Revision: 10/29/2007

States: Delaware, District of Columbia, Florida, Georgia, Maryland, New Jersey, North Carolina, South Carolina, Virginia

Area: District of Columbia Statewide

Delaware Statewide

Florida Statewide

Georgia Statewide

Maryland Counties of Caroline, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico, Worcester

North Carolina Statewide

New Jersey Counties of Atlantic, Burlington, Cape May, Ocean

South Carolina Statewide

Virginia Statewide

The area of application covers the area from South of the line between Monmouth and Ocean Counties, New Jersey down to the tip of Southern Florida.

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

47040 - Diver

Southern Counties in New Jersey, Delaware (Statewide), Eastern Shore of Maryland

37.92

Statewide: Florida, Georgia, North Carolina South Carolina and Virginia

39.13

Washington, D.C.

30.54

47041 - Diver Tender

Southern Counties in New Jersey, Delaware (Statewide), Eastern Shore of Maryland

31.60

Statewide: Florida, Georgia, North Carolina, South Carolina and Virginia

33.30

Washington, D.C.

21.65

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

Florida (Statewide); Georgia (Statewide); North Carolina (Statewide); South

Carolina (Statewide); and Virginia (Statewide)

Health & Welfare: $3.16 per hour or $126.40 per week or $547.73 per month.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of servicve includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther

King Jr's. Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR

4.174)

Southern Counties in New Jersey, the entire state of Delaware and the Eastern

Shore of Maryland

Health and Welfare $6.10

Vacation $3.10

Pension $4.04

Annunity $6.13

401 Savings Plan $1.00

Apprentice Fund $0.38

N.A.H.S.F. $0.04

Washington, D.C.

Health & Welfare $3.00

Pension $2.00

Apprentice Fund $0.25

Annunity Fund $0.50

Industry Promo Fund $0.03

National Health, Safety, Apprentice $0.06

** 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, April 2006, unless otherwise indicated. Copies of the Directory are available on the

Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL)

Web site at http://wdol.gov/.

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. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (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 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, Employment Standards Administration, U.S. Department of

Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

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 insure 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.

FA4819-09-R-0011

Amendment 01

Attachment 7