ESSCA_DRFP_Attachment_J-12_Wage_Determination.docx
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- Engineering Services and Science Capability Augmentation (ESSCA) Federal contract opportunity
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- NNM16568754R
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ESSCA DRFP Attachment J-12
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NNM16568754R ATTACHMENT J-12
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)
ENGINEERING SERVICES AND SCIENCE CAPABILITY AUGMENTATION (ESSCA)
ATTACHMENT J-12
WAGE DETERMINATION
WD 05-2007 (Rev.-21) was first posted on www.wdol.gov on 01/05/2016
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.: 2005-2007 Daniel W. Simms Division of | Revision No.: 21 Director Wage Determinations| Date Of Revision: 12/29/2015 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the 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 $10.15 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 2016. 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.
States: Alabama, Tennessee
Area: Alabama Counties of Colbert, Franklin, Jackson, Lauderdale, Lawrence, Limestone, Madison, Marion, Marshall, Morgan, Winston Tennessee Counties of Giles, Lawrence, Lincoln, Moore, Wayne **Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 13.47 01012 - Accounting Clerk II 14.65 01013 - Accounting Clerk III 16.77 01020 - Administrative Assistant 21.27 01040 - Court Reporter 17.16 01051 - Data Entry Operator I 11.95 01052 - Data Entry Operator II 13.89 01060 - Dispatcher, Motor Vehicle 16.31 01070 - Document Preparation Clerk 12.47 01090 - Duplicating Machine Operator 12.47 01111 - General Clerk I 10.88 01112 - General Clerk II 11.87 01113 - General Clerk III 13.86 01120 - Housing Referral Assistant 19.14 01141 - Messenger Courier 10.07 01191 - Order Clerk I 12.66 01192 - Order Clerk II 15.27 01261 - Personnel Assistant (Employment) I 14.18 01262 - Personnel Assistant (Employment) II 15.86 01263 - Personnel Assistant (Employment) III 17.70 01270 - Production Control Clerk 19.18 01280 - Receptionist 11.86 01290 - Rental Clerk 12.97 01300 - Scheduler, Maintenance 15.32 01311 - Secretary I 15.32 01312 - Secretary II 17.16 01313 - Secretary III 19.14 01320 - Service Order Dispatcher 13.83 01410 - Supply Technician 21.27 01420 - Survey Worker 16.81 01531 - Travel Clerk I 11.08 01532 - Travel Clerk II 11.72 01533 - Travel Clerk III 12.50 01611 - Word Processor I 13.12 01612 - Word Processor II 14.73 01613 - Word Processor III 16.48 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 19.25 05010 - Automotive Electrician 18.61 05040 - Automotive Glass Installer 17.74 05070 - Automotive Worker 17.74 05110 - Mobile Equipment Servicer 16.08 05130 - Motor Equipment Metal Mechanic 19.47 05160 - Motor Equipment Metal Worker 17.74 05190 - Motor Vehicle Mechanic 17.78 05220 - Motor Vehicle Mechanic Helper 13.93 05250 - Motor Vehicle Upholstery Worker 16.93 05280 - Motor Vehicle Wrecker 17.74 05310 - Painter, Automotive 17.00 05340 - Radiator Repair Specialist 17.74 05370 - Tire Repairer 12.75 05400 - Transmission Repair Specialist 19.47 07000 - Food Preparation And Service Occupations 07010 - Baker 11.24 07041 - Cook I 9.14 07042 - Cook II 10.27 07070 - Dishwasher 7.82 07130 - Food Service Worker 8.09 07210 - Meat Cutter 14.21 07260 - Waiter/Waitress 7.90 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 17.56 09040 - Furniture Handler 13.94 09080 - Furniture Refinisher 17.56 09090 - Furniture Refinisher Helper 14.41 09110 - Furniture Repairer, Minor 15.98 09130 - Upholsterer 17.56 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 10.28 11060 - Elevator Operator 10.02 11090 - Gardener 12.11 11122 - Housekeeping Aide 10.02 11150 - Janitor 10.02 11210 - Laborer, Grounds Maintenance 10.00 11240 - Maid or Houseman 8.67 11260 - Pruner 9.28 11270 - Tractor Operator 12.08 11330 - Trail Maintenance Worker 10.00 11360 - Window Cleaner 10.97 12000 - Health Occupations 12010 - Ambulance Driver 15.85 12011 - Breath Alcohol Technician 16.00 12012 - Certified Occupational Therapist Assistant 21.95 12015 - Certified Physical Therapist Assistant 21.95 12020 - Dental Assistant 16.00 12025 - Dental Hygienist 22.48 12030 - EKG Technician 23.45 12035 - Electroneurodiagnostic Technologist 23.45 12040 - Emergency Medical Technician 15.85 12071 - Licensed Practical Nurse I 14.30 12072 - Licensed Practical Nurse II 16.00 12073 - Licensed Practical Nurse III 17.84 12100 - Medical Assistant 11.87 12130 - Medical Laboratory Technician 14.07 12160 - Medical Record Clerk 12.41 12190 - Medical Record Technician 14.96 12195 - Medical Transcriptionist 13.59 12210 - Nuclear Medicine Technologist 30.65 12221 - Nursing Assistant I 9.43 12222 - Nursing Assistant II 10.61 12223 - Nursing Assistant III 11.57 12224 - Nursing Assistant IV 12.99 12235 - Optical Dispenser 15.05 12236 - Optical Technician 12.56 12250 - Pharmacy Technician 13.36 12280 - Phlebotomist 12.99 12305 - Radiologic Technologist 23.95 12311 - Registered Nurse I 22.94 12312 - Registered Nurse II 28.08 12313 - Registered Nurse II, Specialist 28.08 12314 - Registered Nurse III 33.97 12315 - Registered Nurse III, Anesthetist 33.97 12316 - Registered Nurse IV 40.70 12317 - Scheduler (Drug and Alcohol Testing) 19.83 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 20.09 13012 - Exhibits Specialist II 24.89 13013 - Exhibits Specialist III 30.45 13041 - Illustrator I 20.09 13042 - Illustrator II 24.89 13043 - Illustrator III 30.45 13047 - Librarian 27.56 13050 - Library Aide/Clerk 15.94 13054 - Library Information Technology Systems 24.89 Administrator 13058 - Library Technician 16.14 13061 - Media Specialist I 17.96 13062 - Media Specialist II 20.09 13063 - Media Specialist III 22.40 13071 - Photographer I 16.19 13072 - Photographer II 18.70 13073 - Photographer III 22.40 13074 - Photographer IV 27.38 13075 - Photographer V 33.23 13110 - Video Teleconference Technician 17.96 14000 - Information Technology Occupations 14041 - Computer Operator I 15.55 14042 - Computer Operator II 19.13 14043 - Computer Operator III 20.49 14044 - Computer Operator IV 26.16 14045 - Computer Operator V 27.62 14071 - Computer Programmer I 25.00 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 15.55 14160 - Personal Computer Support Technician 26.16 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 29.35 15020 - Aircrew Training Devices Instructor (Rated) 35.52 15030 - Air Crew Training Devices Instructor (Pilot) 36.76 15050 - Computer Based Training Specialist / Instructor 30.38 15060 - Educational Technologist 30.52 15070 - Flight Instructor (Pilot) 36.76 15080 - Graphic Artist 22.01 15090 - Technical Instructor 18.91 15095 - Technical Instructor/Course Developer 23.11 15110 - Test Proctor 17.16 15120 - Tutor 17.16 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 8.30 16030 - Counter Attendant 8.30 16040 - Dry Cleaner 10.44 16070 - Finisher, Flatwork, Machine 8.30 16090 - Presser, Hand 8.30 16110 - Presser, Machine, Drycleaning 8.30 16130 - Presser, Machine, Shirts 8.30 16160 - Presser, Machine, Wearing Apparel, Laundry 8.30 16190 - Sewing Machine Operator 11.03 16220 - Tailor 11.64 16250 - Washer, Machine 9.00 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 24.44 19040 - Tool And Die Maker 29.82 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 14.82 21030 - Material Coordinator 19.18 21040 - Material Expediter 19.18 21050 - Material Handling Laborer 10.48 21071 - Order Filler 10.87 21080 - Production Line Worker (Food Processing) 14.82 21110 - Shipping Packer 12.98 21130 - Shipping/Receiving Clerk 12.98 21140 - Store Worker I 12.06 21150 - Stock Clerk 16.35 21210 - Tools And Parts Attendant 14.82 21410 - Warehouse Specialist 14.82 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 20.61 23021 - Aircraft Mechanic I 22.24 23022 - Aircraft Mechanic II 23.35 23023 - Aircraft Mechanic III 24.52 23040 - Aircraft Mechanic Helper 17.44 23050 - Aircraft, Painter 19.32 23060 - Aircraft Servicer 19.34 23080 - Aircraft Worker 20.27 23110 - Appliance Mechanic 18.04 23120 - Bicycle Repairer 14.66 23125 - Cable Splicer 19.76 23130 - Carpenter, Maintenance 17.56 23140 - Carpet Layer 17.29 23160 - Electrician, Maintenance 23.21 23181 - Electronics Technician Maintenance I 19.44 23182 - Electronics Technician Maintenance II 25.55 23183 - Electronics Technician Maintenance III 26.62 23260 - Fabric Worker 16.54 23290 - Fire Alarm System Mechanic 18.79 23310 - Fire Extinguisher Repairer 15.72 23311 - Fuel Distribution System Mechanic 18.79 23312 - Fuel Distribution System Operator 16.80 23370 - General Maintenance Worker 16.43 23380 - Ground Support Equipment Mechanic 22.24 23381 - Ground Support Equipment Servicer 19.34 23382 - Ground Support Equipment Worker 20.27 23391 - Gunsmith I 15.48 23392 - Gunsmith II 17.06 23393 - Gunsmith III 18.83 23410 - Heating, Ventilation And Air-Conditioning 18.38 Mechanic 23411 - Heating, Ventilation And Air Contditioning 19.30 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 20.43 23440 - Heavy Equipment Operator 17.87 23460 - Instrument Mechanic 22.82 23465 - Laboratory/Shelter Mechanic 17.99 23470 - Laborer 11.36 23510 - Locksmith 18.04 23530 - Machinery Maintenance Mechanic 23.32 23550 - Machinist, Maintenance 18.59 23580 - Maintenance Trades Helper 14.41 23591 - Metrology Technician I 22.82 23592 - Metrology Technician II 23.80 23593 - Metrology Technician III 24.74 23640 - Millwright 20.67 23710 - Office Appliance Repairer 22.90 23760 - Painter, Maintenance 17.56 23790 - Pipefitter, Maintenance 19.29 23810 - Plumber, Maintenance 18.43 23820 - Pneudraulic Systems Mechanic 18.83 23850 - Rigger 18.83 23870 - Scale Mechanic 17.29 23890 - Sheet-Metal Worker, Maintenance 18.81 23910 - Small Engine Mechanic 17.06 23931 - Telecommunications Mechanic I 18.89 23932 - Telecommunications Mechanic II 20.87 23950 - Telephone Lineman 19.60 23960 - Welder, Combination, Maintenance 18.38 23965 - Well Driller 18.83 23970 - Woodcraft Worker 18.83 23980 - Woodworker 16.43 24000 - Personal Needs Occupations 24570 - Child Care Attendant 8.56 24580 - Child Care Center Clerk 10.68 24610 - Chore Aide 10.19 24620 - Family Readiness And Support Services 12.61 Coordinator 24630 - Homemaker 13.55 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 20.75 25040 - Sewage Plant Operator 19.88 25070 - Stationary Engineer 20.75 25190 - Ventilation Equipment Tender 14.85 25210 - Water Treatment Plant Operator 19.88 27000 - Protective Service Occupations 27004 - Alarm Monitor 13.83 27007 - Baggage Inspector 10.85 27008 - Corrections Officer 15.28 27010 - Court Security Officer 16.82 27030 - Detection Dog Handler 13.55 27040 - Detention Officer 15.28 27070 - Firefighter 16.82 27101 - Guard I 10.85 27102 - Guard II 13.55 27131 - Police Officer I 18.64 27132 - Police Officer II 20.71 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 10.11 28042 - Carnival Equipment Repairer 10.62 28043 - Carnival Equpment Worker 8.38 28210 - Gate Attendant/Gate Tender 14.06 28310 - Lifeguard 12.21 28350 - Park Attendant (Aide) 15.73 28510 - Recreation Aide/Health Facility Attendant 11.48 28515 - Recreation Specialist 17.94 28630 - Sports Official 12.53 28690 - Swimming Pool Operator 15.65 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 17.70 29020 - Hatch Tender 17.70 29030 - Line Handler 17.70 29041 - Stevedore I 16.90 29042 - Stevedore II 18.56 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 18.60 30022 - Archeological Technician II 20.81 30023 - Archeological Technician III 25.48 30030 - Cartographic Technician 25.48 30040 - Civil Engineering Technician 22.83 30061 - Drafter/CAD Operator I 18.60 30062 - Drafter/CAD Operator II 20.81 30063 - Drafter/CAD Operator III 23.21 30064 - Drafter/CAD Operator IV 28.55 30081 - Engineering Technician I 15.98 30082 - Engineering Technician II 18.00 30083 - Engineering Technician III 21.00 30084 - Engineering Technician IV 28.62 30085 - Engineering Technician V 33.81 30086 - Engineering Technician VI 40.89 30090 - Environmental Technician 25.48 30210 - Laboratory Technician 18.92 30240 - Mathematical Technician 25.48 30361 - Paralegal/Legal Assistant I 18.54 30362 - Paralegal/Legal Assistant II 22.98 30363 - Paralegal/Legal Assistant III 28.11 30364 - Paralegal/Legal Assistant IV 34.01 30390 - Photo-Optics Technician 25.48 30461 - Technical Writer I 21.30 30462 - Technical Writer II 26.06 30463 - Technical Writer III 31.52 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 3) 23.21 Surface Programs 30621 - Weather Observer, Senior (see 3) 25.48 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 10.71 31030 - Bus Driver 13.94 31043 - Driver Courier 14.96 31260 - Parking and Lot Attendant 10.11 31290 - Shuttle Bus Driver 16.25 31310 - Taxi Driver 10.90 31361 - Truckdriver, Light 16.25 31362 - Truckdriver, Medium 16.82 31363 - Truckdriver, Heavy 17.62 31364 - Truckdriver, Tractor-Trailer 17.62 99000 - Miscellaneous Occupations 99030 - Cashier 9.30 99050 - Desk Clerk 8.43 99095 - Embalmer 22.74 99251 - Laboratory Animal Caretaker I 8.61 99252 - Laboratory Animal Caretaker II 13.46 99310 - Mortician 22.65 99410 - Pest Controller 12.76 99510 - Photofinishing Worker 11.95 99710 - Recycling Laborer 14.15 99711 - Recycling Specialist 16.30 99730 - Refuse Collector 12.79 99810 - Sales Clerk 11.63 99820 - School Crossing Guard 12.71 99830 - Survey Party Chief 17.75 99831 - Surveying Aide 10.94 99832 - Surveying Technician 14.97 99840 - Vending Machine Attendant 13.90 99841 - Vending Machine Repairer 15.93 99842 - Vending Machine Repairer Helper 13.90
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 10 years, and 4 after 20 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) APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An employee is entitled to pay for all work performed between the hours of 6:00 P.M. and 6:00 A.M.
at the rate of basic pay plus a night pay differential amounting to 10 percent of the rate of basic pay.
3) 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 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.
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