Provisions and Clauses.pdf
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- Attached to
- Optimization of the Human Weapon System
- Solicitation number
- W50S8123Q0003
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This document provides applicable provisions and clauses for a federal contract opportunity with the Department of the Army Massachusetts Army National Guard. Key details include that the solicitation is for optimization of the human weapon system and incorporates by reference standard provisions for systems for award management registration, commercial and government entity code reporting, and prohibitions on certain telecommunications equipment from Huawei and other Chinese companies. Additional incorporated provisions address former DoD officials, safeguarding covered defense information, and prohibiting procurement from the Xinjiang region of China. Standard clauses incorporated include those for electronic submission of payment requests and levies on contract payments. The document specifies that the successful offeror must comply with Service Contract Act requirements and minimum wages under applicable executive orders.
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| OHWS PWS 30 Aug 23.pdf | ||
| Questions and Answers.pdf | ||
| OHWS PWS 7 Aug 23.pdf | ||
| Combined Synopsis-Solicitation.pdf |
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DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 104TH FIGHTER WING (ANG)
BARNES AIR NATIONAL GUARD BASE, WESTFIELD MA
APPLICABLE PROVISIONS AND CLAUSES: The following clauses and provisions are incorporated by reference and by full text. FAR and DFARS clauses and provisions can be read in their full text at https://www.acquisition.gov/. The clauses are to remain in full force in any resultant contract. It is the contractor’s responsibility to become familiar with the applicable provisions and clauses.
PROVISIONS INCORPORATED BY REFERENCE:
FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-22 Alternative Line Item Proposal FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements DFARS 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation
CLAUSES INCORPORATED BY REFERENCE:
FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.232-1 Payments FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DFARS 252.201-7000 Contracting Officer's Representative DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecom Equipment or Services DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements DFARS 252.225-7048 Export-Controlled Items DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime DFARS 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments DFARS 252.243-7001 Pricing of Contract Modifications
DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea DFARS 252.222-7999 Combating Race and Sex Stereotyping( Deviation 2021-O0001 Rev1 Dated Jan 2021)
CLAUSES INCORPORATED BY FULL TEXT:
FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.
3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (11) [Reserved].
__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (14) [Reserved]
__ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).
__ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
_X_ (19) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).
_X_ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023)( 15 U.S.C.
632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).
__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C.
644(r)).
__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
_X_ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
_X_ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
__ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.
13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
__ (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
__ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (51) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (52) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.
1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212)
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xiv) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
Subtitle A, Part V, Subpart G Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
"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.: 2015-4095 Daniel W. Simms Division of | Revision No.: 25 Director Wage Determinations| Date Of Last Revision: 06/30/2023
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.
Applicable in the state of Massachusetts as follows:
FRANKLIN COUNTY - Ashfield town, Conway town, Deerfield town, Leverett town, Shutesbury town, Sunderland town, Wendell town, Whately town
HAMPDEN COUNTY - Agawam city, Blandford town, Chester town, Chicopee city, East Longmeadow town, Granville town, Hampden town, Holyoke city, Longmeadow town, Ludlow town, Monson town, Montgomery town, Palmer town, Russell town, Southwich town, Springfield city, Tolland town, Wales town, West Springfield town, Westfield city, Wilbraham town
HAMPSHIRE COUNTY - Amherst town, Belchertown town, Chesterfield town, Cummington town, Easthampton town, Goshen town, Granby town, Hadley town, Hatfield town, Huntington town, Northampton city, Pelham town, South Hadley town, Southampton town, Ware town, Westhampton town, Williamsburg town, Worthington town
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 18.50 01012 - Accounting Clerk II 20.78 01013 - Accounting Clerk III 23.24 01020 - Administrative Assistant 29.95 01035 - Court Reporter 22.47 01041 - Customer Service Representative I 15.81*** 01042 - Customer Service Representative II 17.25 01043 - Customer Service Representative III 19.38 01051 - Data Entry Operator I 19.86 01052 - Data Entry Operator II 21.67 01060 - Dispatcher, Motor Vehicle 23.67 01070 - Document Preparation Clerk 20.10 01090 - Duplicating Machine Operator 20.10 01111 - General Clerk I 15.65*** 01112 - General Clerk II 17.08 01113 - General Clerk III 19.18 01120 - Housing Referral Assistant 25.06 01141 - Messenger Courier 18.50 01191 - Order Clerk I 18.35 01192 - Order Clerk II 20.02 01261 - Personnel Assistant (Employment) I 18.53 01262 - Personnel Assistant (Employment) II 20.72 01263 - Personnel Assistant (Employment) III 23.10 01270 - Production Control Clerk 27.46 01290 - Rental Clerk 17.31 01300 - Scheduler, Maintenance 20.09 01311 - Secretary I 20.09 01312 - Secretary II 22.47 01313 - Secretary III 25.06 01320 - Service Order Dispatcher 21.17 01410 - Supply Technician 29.95 01420 - Survey Worker 19.14 01460 - Switchboard Operator/Receptionist 17.29
01531 - Travel Clerk I 16.82 01532 - Travel Clerk II 18.35 01533 - Travel Clerk III 19.94 01611 - Word Processor I 18.01 01612 - Word Processor II 20.23 01613 - Word Processor III 22.62 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 26.45 05010 - Automotive Electrician 22.00 05040 - Automotive Glass Installer 21.09 05070 - Automotive Worker 21.09 05110 - Mobile Equipment Servicer 19.30 05130 - Motor Equipment Metal Mechanic 22.90 05160 - Motor Equipment Metal Worker 21.09 05190 - Motor Vehicle Mechanic 22.90 05220 - Motor Vehicle Mechanic Helper 18.22 05250 - Motor Vehicle Upholstery Worker 20.29 05280 - Motor Vehicle Wrecker 21.09 05310 - Painter, Automotive 22.00 05340 - Radiator Repair Specialist 21.09 05370 - Tire Repairer 15.43*** 05400 - Transmission Repair Specialist 22.90 07000 - Food Preparation And Service Occupations 07010 - Baker 16.63 07041 - Cook I 20.07 07042 - Cook II 21.94 07070 - Dishwasher 14.86*** 07130 - Food Service Worker 16.24 07210 - Meat Cutter 22.25 07260 - Waiter/Waitress 15.79*** 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 22.03 09040 - Furniture Handler 16.45 09080 - Furniture Refinisher 22.59 09090 - Furniture Refinisher Helper 19.06 09110 - Furniture Repairer, Minor 20.90 09130 - Upholsterer 22.03 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 15.16*** 11060 - Elevator Operator 17.58 11090 - Gardener 22.06 11122 - Housekeeping Aide 17.58 11150 - Janitor 17.58 11210 - Laborer, Grounds Maintenance 18.09 11240 - Maid or Houseman 15.48*** 11260 - Pruner 16.49 11270 - Tractor Operator 20.82
11330 - Trail Maintenance Worker 18.09 11360 - Window Cleaner 19.28 12000 - Health Occupations 12010 - Ambulance Driver 22.06 12011 - Breath Alcohol Technician 26.69 12012 - Certified Occupational Therapist Assistant 29.89 12015 - Certified Physical Therapist Assistant 32.27 12020 - Dental Assistant 22.30 12025 - Dental Hygienist 40.81 12030 - EKG Technician 32.37 12035 - Electroneurodiagnostic Technologist 32.37 12040 - Emergency Medical Technician 22.06 12071 - Licensed Practical Nurse I 23.87 12072 - Licensed Practical Nurse II 26.69 12073 - Licensed Practical Nurse III 29.76 12100 - Medical Assistant 19.94 12130 - Medical Laboratory Technician 30.66 12160 - Medical Record Clerk 21.45 12190 - Medical Record Technician 23.99 12195 - Medical Transcriptionist 20.86 12210 - Nuclear Medicine Technologist 51.82 12221 - Nursing Assistant I 14.65*** 12222 - Nursing Assistant II 16.47 12223 - Nursing Assistant III 17.97 12224 - Nursing Assistant IV 20.18 12235 - Optical Dispenser 28.05 12236 - Optical Technician 23.87 12250 - Pharmacy Technician 18.45 12280 - Phlebotomist 22.00 12305 - Radiologic Technologist 32.45 12311 - Registered Nurse I 29.56 12312 - Registered Nurse II 36.16 12313 - Registered Nurse II, Specialist 36.16 12314 - Registered Nurse III 45.75 12315 - Registered Nurse III, Anesthetist 45.75 12316 - Registered Nurse IV 52.44 12317 - Scheduler (Drug and Alcohol Testing) 33.08 12320 - Substance Abuse Treatment Counselor 24.25 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 23.79 13012 - Exhibits Specialist II 29.48 13013 - Exhibits Specialist III 36.05 13041 - Illustrator I 23.79 13042 - Illustrator II 29.48 13043 - Illustrator III 36.05 13047 - Librarian 32.64 13050 - Library Aide/Clerk 17.30
13054 - Library Information Technology Systems 29.48 Administrator 13058 - Library Technician 22.84 13061 - Media Specialist I 21.27 13062 - Media Specialist II 23.79 13063 - Media Specialist III 26.52 13071 - Photographer I 19.93 13072 - Photographer II 22.83 13073 - Photographer III 28.28 13074 - Photographer IV 34.59 13075 - Photographer V 41.85 13090 - Technical Order Library Clerk 21.72 13110 - Video Teleconference Technician 27.23 14000 - Information Technology Occupations 14041 - Computer Operator I 19.51 14042 - Computer Operator II 22.34 14043 - Computer Operator III 24.75 14044 - Computer Operator IV 27.68 14045 - Computer Operator V 30.66 14071 - Computer Programmer I (see 1) 25.63 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 19.51 14160 - Personal Computer Support Technician 27.68 14170 - System Support Specialist 39.52 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 32.41 15020 - Aircrew Training Devices Instructor (Rated) 39.24 15030 - Air Crew Training Devices Instructor (Pilot) 47.00 15050 - Computer Based Training Specialist / Instructor 32.41 15060 - Educational Technologist 34.31 15070 - Flight Instructor (Pilot) 47.00 15080 - Graphic Artist 27.67 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 46.98 15086 - Maintenance Test Pilot, Rotary Wing 46.98 15088 - Non-Maintenance Test/Co-Pilot 46.98 15090 - Technical Instructor 26.85 15095 - Technical Instructor/Course Developer 32.84 15110 - Test Proctor 21.67 15120 - Tutor 21.67 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 16.41 16030 - Counter Attendant 16.41
16040 - Dry Cleaner 18.75 16070 - Finisher, Flatwork, Machine 16.41 16090 - Presser, Hand 16.41 16110 - Presser, Machine, Drycleaning 16.41 16130 - Presser, Machine, Shirts 16.41 16160 - Presser, Machine, Wearing Apparel, Laundry 16.41 16190 - Sewing Machine Operator 19.53 16220 - Tailor 20.31 16250 - Washer, Machine 17.19 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 26.75 19040 - Tool And Die Maker 30.99 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 19.99 21030 - Material Coordinator 27.46 21040 - Material Expediter 27.46 21050 - Material Handling Laborer 18.28 21071 - Order Filler 17.21 21080 - Production Line Worker (Food Processing) 19.99 21110 - Shipping Packer 20.56 21130 - Shipping/Receiving Clerk 20.56 21140 - Store Worker I 15.70*** 21150 - Stock Clerk 20.40 21210 - Tools And Parts Attendant 19.99 21410 - Warehouse Specialist 19.99 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 37.96 23019 - Aircraft Logs and Records Technician 32.45 23021 - Aircraft Mechanic I 36.64 23022 - Aircraft Mechanic II 37.96 23023 - Aircraft Mechanic III 39.39 23040 - Aircraft Mechanic Helper 29.14 23050 - Aircraft, Painter 35.20 23060 - Aircraft Servicer 32.45 23070 - Aircraft Survival Flight Equipment Technician 35.20 23080 - Aircraft Worker 33.75 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 33.75 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 36.64
II
23110 - Appliance Mechanic 24.57 23120 - Bicycle Repairer 23.44 23125 - Cable Splicer 49.78 23130 - Carpenter, Maintenance 28.05 23140 - Carpet Layer 28.51 23160 - Electrician, Maintenance 37.42 23181 - Electronics Technician Maintenance I 37.64
23182 - Electronics Technician Maintenance II 39.26 23183 - Electronics Technician Maintenance III 40.86 23260 - Fabric Worker 30.43 23290 - Fire Alarm System Mechanic 28.73 23310 - Fire Extinguisher Repairer 28.94 23311 - Fuel Distribution System Mechanic 38.42 23312 - Fuel Distribution System Operator 32.37 23370 - General Maintenance Worker 22.52 23380 - Ground Support Equipment Mechanic 36.64 23381 - Ground Support Equipment Servicer 32.45 23382 - Ground Support Equipment Worker 33.75 23391 - Gunsmith I 28.94 23392 - Gunsmith II 31.64 23393 - Gunsmith III 34.34 23410 - Heating, Ventilation And Air-Conditioning 31.15 Mechanic 23411 - Heating, Ventilation And Air Contidioning 32.28 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 30.84 23440 - Heavy Equipment Operator 32.33 23460 - Instrument Mechanic 34.34 23465 - Laboratory/Shelter Mechanic 33.00 23470 - Laborer 18.28 23510 - Locksmith 28.04 23530 - Machinery Maintenance Mechanic 29.15 23550 - Machinist, Maintenance 26.81 23580 - Maintenance Trades Helper 19.46 23591 - Metrology Technician I 34.34 23592 - Metrology Technician II 35.59 23593 - Metrology Technician III 36.93 23640 - Millwright 34.34 23710 - Office Appliance Repairer 23.93 23760 - Painter, Maintenance 23.66 23790 - Pipefitter, Maintenance 36.85 23810 - Plumber, Maintenance 35.40 23820 - Pneudraulic Systems Mechanic 34.34 23850 - Rigger 34.34 23870 - Scale Mechanic 31.64 23890 - Sheet-Metal Worker, Maintenance 35.01 23910 - Small Engine Mechanic 23.39 23931 - Telecommunications Mechanic I 40.98 23932 - Telecommunications Mechanic II 42.46 23950 - Telephone Lineman 40.54 23960 - Welder, Combination, Maintenance 24.98 23965 - Well Driller 34.34 23970 - Woodcraft Worker 34.34 23980 - Woodworker 28.94
24000 - Personal Needs Occupations 24550 - Case Manager 17.90 24570 - Child Care Attendant 15.88*** 24580 - Child Care Center Clerk 19.82 24610 - Chore Aide 16.72 24620 - Family Readiness And Support Services 17.90 Coordinator 24630 - Homemaker 18.54 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 32.93 25040 - Sewage Plant Operator 28.98 25070 - Stationary Engineer 32.93 25190 - Ventilation Equipment Tender 26.19 25210 - Water Treatment Plant Operator 28.98 27000 - Protective Service Occupations 27004 - Alarm Monitor 24.36 27007 - Baggage Inspector 16.89 27008 - Corrections Officer 26.59 27010 - Court Security Officer 27.91 27030 - Detection Dog Handler 18.89 27040 - Detention Officer 26.59 27070 - Firefighter 29.22 27101 - Guard I 16.89 27102 - Guard II 18.89 27131 - Police Officer I 32.52 27132 - Police Officer II 36.15 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 18.61 28042 - Carnival Equipment Repairer 18.58 28043 - Carnival Worker 14.74*** 28210 - Gate Attendant/Gate Tender 19.70 28310 - Lifeguard 14.38*** 28350 - Park Attendant (Aide) 22.04 28510 - Recreation Aide/Health Facility Attendant 16.08*** 28515 - Recreation Specialist 27.31 28630 - Sports Official 17.54 28690 - Swimming Pool Operator 21.55 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 30.09 29020 - Hatch Tender 30.09 29030 - Line Handler 30.09 29041 - Stevedore I 28.94 29042 - Stevedore II 31.38 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 48.38 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 33.37 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 36.75
30021 - Archeological Technician I 18.94 30022 - Archeological Technician II 21.19 30023 - Archeological Technician III 26.25 30030 - Cartographic Technician 26.25 30040 - Civil Engineering Technician 28.93 30051 - Cryogenic Technician I 29.07 30052 - Cryogenic Technician II 32.12 30061 - Drafter/CAD Operator I 18.94 30062 - Drafter/CAD Operator II 21.19 30063 - Drafter/CAD Operator III 23.62 30064 - Drafter/CAD Operator IV 29.07 30081 - Engineering Technician I 18.29 30082 - Engineering Technician II 20.55 30083 - Engineering Technician III 22.98 30084 - Engineering Technician IV 28.48 30085 - Engineering Technician V 34.82 30086 - Engineering Technician VI 42.13 30090 - Environmental Technician 25.95 30095 - Evidence Control Specialist 26.25 30210 - Laboratory Technician 31.04 30221 - Latent Fingerprint Technician I 29.07 30222 - Latent Fingerprint Technician II 32.12 30240 - Mathematical Technician 28.55 30361 - Paralegal/Legal Assistant I 23.40 30362 - Paralegal/Legal Assistant II 29.00 30363 - Paralegal/Legal Assistant III 35.46 30364 - Paralegal/Legal Assistant IV 42.90 30375 - Petroleum Supply Specialist 32.12 30390 - Photo-Optics Technician 26.25 30395 - Radiation Control Technician 32.12 30461 - Technical Writer I 27.27 30462 - Technical Writer II 33.36 30463 - Technical Writer III 40.36 30491 - Unexploded Ordnance (UXO) Technician I 30.75 30492 - Unexploded Ordnance (UXO) Technician II 37.21 30493 - Unexploded Ordnance (UXO) Technician III 44.60 30494 - Unexploded (UXO) Safety Escort 30.75 30495 - Unexploded (UXO) Sweep Personnel 30.75 30501 - Weather Forecaster I 29.07 30502 - Weather Forecaster II 35.36 30620 - Weather Observer, Combined Upper Air Or (see 2) 23.62 Surface Programs 30621 - Weather Observer, Senior (see 2) 26.25 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 37.21 31020 - Bus Aide 18.79 31030 - Bus Driver 25.76
31043 - Driver Courier 20.22 31260 - Parking and Lot Attendant 14.90*** 31290 - Shuttle Bus Driver 18.00 31310 - Taxi Driver 15.57*** 31361 - Truckdriver, Light 21.42 31362 - Truckdriver, Medium 22.52 31363 - Truckdriver, Heavy 25.83 31364 - Truckdriver, Tractor-Trailer 25.83 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 18.14 99030 - Cashier 14.91*** 99050 - Desk Clerk 15.46*** 99095 - Embalmer 29.67 99130 - Flight Follower 30.75 99251 - Laboratory Animal Caretaker I 18.80 99252 - Laboratory Animal Caretaker II 19.92 99260 - Marketing Analyst 32.77 99310 - Mortician 30.30 99410 - Pest Controller 22.06 99510 - Photofinishing Worker 16.16*** 99710 - Recycling Laborer 25.82 99711 - Recycling Specialist 29.71 99730 - Refuse Collector 23.54 99810 - Sales Clerk 15.46*** 99820 - School Crossing Guard 15.04*** 99830 - Survey Party Chief 27.86 99831 - Surveying Aide 18.24 99832 - Surveying Technician 25.00 99840 - Vending Machine Attendant 21.78 99841 - Vending Machine Repairer 25.22 99842 - Vending Machine Repairer Helper 21.78
***Workers in this classification 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: $4.98 per hour, up to 40 hours per week, or $199.20 per week or $863.20 per month
HEALTH & WELFARE EO 13706: $4.57 per hour, up to 40 hours per week, or $182.80 per week, or $792.13 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 5 years, 4 weeks after 15 years, and 5 weeks after 25 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 twelve paid holidays per year: New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Good Friday, 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)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE
THE FOLLOWING:
1) COMPUTER EMPLOYEES: This wage determination does not apply to any individual employed in a bona fide executive, administrative, or professional capacity, as defined in 29 C.F.R. Part 541. (See 41 C.F.R. 6701(3)). Because most Computer Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or at least $684 per week if paid on a salary or fee basis) likely qualify as exempt computer professionals under 29 U.S.C. 213(a)(1) and 29 U.S.C. 213(a)(17), this wage determination may not include wage rates for all occupations within those job families. In such instances, a conformance will be necessary if there are nonexempt employees in these job families working on the contract.
Job titles vary widely and change quickly in the computer industry, and are not determinative of whether an employee is an exempt computer professional. To be exempt, computer employees who satisfy the compensation requirements must also have a primary duty that 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).
Any computer employee who meets the applicable compensation requirements and the above duties test qualifies as an exempt computer professional under both section 13(a)(1) and section 13(a)(17) of the Fair Labor Standards Act. (Field Assistance Bulletin No. 2006-3 (Dec. 14, 2006)). Accordingly, this wage determination will not apply to any exempt computer employee regardless of which of these two exemptions is utilized.
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 **
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 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.
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