Amendment 0002 to RFP-200-1088-NC.pdf

I 1, CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1 I 2 2,AMENDMENT/MODIFICATION NO, 3, EFFECTIVE DATE 4, REQUISITION 1PURCHASE REQ, NO, PROJECT NO, (If Applicable)

0002 06/28/2010 038/Cunneen

6,ISSUEDBY CODE 7, ADMINISTERED BY (If other than Item 6) CODE

Federal Bureau of Prisons Community Corrections Contracting Office Federal Correctional Complex Butner Old NC Highway 75 Butner, NC 27509

8, NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP (/) 9A. AMENDMENT OF SOLICITATION NO Code) RFP 200-1088-NC

TED (See Item 11)

06/08/2010

10A. MODIFICATION OF CONTRACTIORDER NO.

CODE IFACILITY CODE 10B. DATED (See Item 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[X] The above number solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers [ lis extended, [x] is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods.

(a) By completing Items 8 and 15, and returning 2 copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c)By separate letter or telegram which includes a reference to the soliCitation and amendment numbers, FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OR CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

---I A, THE CHANGE ORDER IS ISSUED PURSUANT TO (Specify Authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO, IN ITEM lOA, B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such liS changes in paying office. appropriation data, etc,) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43,1 03{b), C, THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF'

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor [ ] is not [X Jis required to sign this document and return 3 copies to the issuing office, 14, DESCRIPTION OF AMENDMENTIMODIFICATION (Organized by UCF section headings, including solicitatiOnIcontract subject matter where feasible).

RFP 200-1088-NC, Residential Reentry Center (RRC) services located in the Northern District of Indiana (LaPorte, Porter, Lake, and St.

Joseph Counties) is hereby amended as follows:

1) In Section J, Attachment 11 is amended to incorporate and make a part hereof the attached updated Department of Labor Wage Rate Determinations:

Department of Labor Wage Determination No. 1996-0281, Revision 20, dated June 15,2010;

Department of Labor Wage Determination No. 1998-0604, Revision 20, dated June 15, 2010; and

Department of Labor Wage Determination No. 1998-0614, Revision 15, dated June 15,2010.

Except as provided herein. all items and conditions of the document referenced in item 9A or lOA, as heretofore changed. remains unchanged and in full force and effect, 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Jan R. Johns

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C, DATE SIGNED

06/28/2010

30-105 STANDARD FORM 30 (REV. 10.a3)

Prescribed by GSA

FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT - Continuation

1. CONTRACT 10

CODE

PAGE OF PAGES

I2 2

2.AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE

0002 06/29/2010

4. REQUISITION 1PURCHASE REQ. NO. PROJECT NO. (If Applicable)

038/Cunneen

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF sectIon headmgs, mc/udmg sohcliailOn/contract subject matter where feasible).

2) In Section I, the following FAR clause, incorporated by reference, is updated as follows:

52.244-6 Subcontracts for Commercial Items (Jun 2010)

IIAII other terms and conditions remain the same.!1

WD 96-0281 (Rev.-20) was first posted on www.wdo1.gov on 06/22/2010

FL/HH/MS

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

THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION

1, By direction of the Secretary of Labor WAGE AND HOUR DIVISION

1 WASHINGTON, D.C. 20210

I t j Shirley F. Ebbesen Division of Wage Wage Determination No: 1996-0281I Director Determinations Revision No: 20 1 Date Of Revision: 06/15/2010I I State: Indiana i Area: Indiana Counties of Benton, Jasper, La Porte, Lake, Newton, Porter,! Pulaski, Starke

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

Food & Lodging:

07041 - Cook I 11. 89 07042 Cook II 14.61 07070 Dishwasher 8.15 07130 - Food Service Worker 9.12 07260 - Waiter/Waitress 8.15 11060 - Elevator Operator 8.15 11210 - Laborer, Grounds Maintenance 9.12 11240 - Maid or Houseman 9.12 99030 - Cashier 9.12 99050 - Desk Clerk (see 1) 9.12

Halfway House & Residential Community Treatment:

01011 - Accounting Clerk I 11. 95 01012 - Accounting Clerk II 12.90 01111 - General Clerk I 10.91 01311 - Secretary I 13.94 01611 - Word Processor I 10.91 07041 - Cook I 11. 89 07042 - Cook II 14.61 07070 - Dishwasher 8.15 07130 - Food Service Worker 9.12 11150 - Janitor 9.12 11210 - Laborer, Grounds Maintenance 9.12 11240 - Maid or Houseman 9.12 23370 - General Maintenance Worker 12.79 27101 - Guard I 10.80 27102 - Guard II 11.70 99050 - Desk Clerk (see 1) 10.91

Moving & Storage:

21020 - Forklift Operator 11. 89 21050 - Material Handling Laborer 10.09 21110 - Shipping Packer 11. 89 21410 - Warehouse Specialist 11. 89 31361 - Truckdriver, Light 11. 89 31362 - Truckdriver, Medium 12.79 http://www.wdol.gov/wdol!scafiles/non-std/96-0281.sca 6/2812010 http://www.wdol.gov/wdol!scafiles/non-std/96-0281.sca http:www.wdo1.gov

Page 2 of4

31363 - Truckdriver, Heavy 13.70 31364 - Truckdriver, Tractor-Trailer 14.611, ALL OCCUPATIONS LISTED ABOVE RECEIVE THE BENEFITS:

HEALTH & WELFARE: $3.50 per hour or $140.00 per week or $606.67 per monthl j i

VACATION: 2 weeks vacation after 1 year of service with a contractor orf successor; 3 weeks after 5 years, and 4 weeks after 15 years. of servicei includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the j 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

I

! King Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Columbus Veterans' 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 ) i

~ ,i

~ THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE

FOLLOWING:

1) Rates are applicable only under the appropriate occupational category.

** 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 , by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by or dry ) such uniforms is an expense that may not be borne by where such cost reduces the hourly rate below that red by the wage determination. The Department of Labor will payment in accordance with the standards as compliance:

The contractor or subcontractor is required to furnish all employees with an 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 , 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 cleaning, dai 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.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the and Hour Division does not ze, for section 4(c) purposes, ive wage rates and fringe benefit provisions that are effective only http://www.wdol.gov/wdollscafiles/non-stdl96-0281.sca 6/2812010 http://www.wdol.gov/wdollscafiles/non-stdl96-0281.sca

, Page 3 of4 f ~ upon such contingencies as "approval of Wage and Hour, issuance of a wage A determination, incorporation of the wage determination in the contract, I f adj the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflect "arm's length iation" under section 4(c) of the Act and 29 C.F.R. S.ll(a) of the ations. This wage

I t determination therefore reflects the actual CBA wage rates and fringe benefits under the predecessor contract.

I The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, 1 2006, I unless otherwise indicated. of the Directory are available on the Internet. A links to the Directory may be found on the WHO home page at

:llwww.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WOOL)1 Web site at ht :llwdol.gov/.I .1

I REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)}I

Conformance Process:I

I

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 unlistedI classifications and the classifications listed in the wage determination. Such

I conformed classes of employees shall be paid the monetary wages and furnished the benefits as are determined. Such conforming process shall beI initiated by the contractor to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or 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 SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance 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 list in order proposed classification title(s), a Federal 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 , 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 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 http://www.wdol.gov/wdol/scafiles/non-std/96-0281.sca 6/2812010 http://www.wdol.gov/wdol/scafiles/non-std/96-0281.sca http:llwdol.gov

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the ions 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 tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially t, combine, or subdivide classifications listed in the wage determination.

http://www.wdol.gov/wdol!scafiles/non-std/96-0281.sca 6/2812010 http://www.wdol.gov/wdol!scafiles/non-std/96-0281.sca

WD 98-0604 (Rev.-20) was first posted on www.wdol.gov on 06/22/2010

FL/HH/MS

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

THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION

By direction 0 the Secretary of Labor WAGE AND HOUR DIVISION

WASHINGTON, D.C. 20210

Shirley F. Ebbesen Division of Wage Wage Determination No: 1998-0604 Director Determinations Revision No: 20

Date Of Revision: 06/15/2010

State: Indiana Area: Indiana Counties of Elkhart, Kosciusko, Marshall, Saint

** Benefits red Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

Food & 07041 Cook I 11. 35 07042 - Cook I 13.75 07070 - Dishwasher 8.13 07130 - Food Service Worker 8.96 07260 - Waiter/Waitress 8.13 11060 - Elevator Operator 8.13 11210 Laborer, Grounds Maintenance 8.96 11240 Maid or Houseman 8.96 99030 - Cashier 8.96 99050 Desk Clerk (see 1) 8.96

Halfway House & Residential Community Treatment:

01011 Accounting Clerk I 11.53 01012 - Accounting Clerk II 12.60 01111 - General Clerk I 10.57 01311 I 13.44 01611 - Word Processor I 10.57 07041 Cook I 11. 35 07042 Cook II 13.75 07070 - Dishwasher 8.13 07130 - Food Service Worker 8.96 11150 Janitor 8.96 11210 - Laborer, Grounds Maintenance 8.96 11240 Maid or Houseman 8.96 23370 - General Maintenance Worker 12.15 27101 Guard I 10.56 27102 Guard II 11. 38 99050 - Desk Clerk (see 1) 10.57

Moving & 21020 - Forklift Operator 11. 35 21050 Material Handling Laborer 9.73 21110 Packer 11. 35 21410 - Warehouse Specialist 11.35 31361 Truckdriver, Light 11. 35 31362 Truckdriver, Medium 12.15 31363 - Truckdriver, Heavy 12.94

6/28/2010http://www.wdol.gov/wdollseafiles/non-std/98-0604.sea http://www.wdol.gov/wdollseafiles/non-std/98-0604.sea http:www.wdol.gov

31364 - Truckdriver, Tractor-Trailer 13.75

VE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.50 per hour or $140.00 per week or $606.67 per month

VACATION: 1 week paid vacation after 1 year of service with a contractor or successor; and 2 weeks after 2 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever and with the contractors in the of similar work at the same Federal . 29 CFR 4.173)

HOLIDAYS: A minimum holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, 's Birthday, Memorial Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving and Christmas Day. (A contractor may substitute for any of the named hoI 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) Rates are applicable under the appropriate ional category.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the of this contract (either by the terms of the Government contract, by , by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry ) 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 of Labor will 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 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 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 that employees be reimbursed for uniform maintenance costs.

The duties of employees under job titles listed are those described in the "Service Contract Act 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 I;//www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WOOL) I

Web site at http://wdol. i http://www.wdol.gov/wdol!scafiles/non-std/98-0604.sca 6/2812010 http://www.wdol.gov/wdol!scafiles/non-std/98-0604.sca http://wdol www.dol.gov/esa/whd order each classification title(s), classification(s), wage raters), the authorized authorized , Page 3 of .3

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)}

Conformance Process:

The officer shall require that any class of service which is not listed herein and which is to be employed under the contract (i.e., the work to be is not performed by any classification listed in the wage be classified by the contractor so as to provide a reasonabledetermination), (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 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 benefits shall be retroactive to the commencement date of the contract.

(C) (vi)} When multiple wage determinations are included in a a SF 1444 should be prepared for each wage determination to a class(es) is to be conformed.

The process for a conformance request is as follows:

the contractor identifies the need for a conformed a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in a Federal grade equivalency (FGE) for job description(s), and rationale for proposed information regarding the agreement or disagreement of ive of the employees involved, or where there is no the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted

{See Section 4.6 contract, which the bid, class(es) of any contract work.

3) The officer reviews the proposed action and promptly submits a of the action, together with the agency's recommendations and pertinent information the position of the contractor and the employees, to the and Hour 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 of receipt, the Wage and Hour Division approves, modifies, or the action via transmittal to the agency contracting officer, or notifies the officer that additional time will be required to process the

5) The officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information red by the Regulations must be submitted on SF 1444 or bond paper.

a conformance request, the "Service Contract Act Directory of II (the Di ) should be used to compare job definitions to insure that duties 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.

6/28/2010http://www.wdol.gov/wdol/scatiles/non-std/98-0604.sca http://www.wdol.gov/wdol/scatiles/non-std/98-0604.sca f Page 10f4

I WD 98-0614 (Rev.-15) was first posted on www.wdol.gov on 06/22/2010

FL/HH/MS

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

Shirley F. Ebbesen Division of Wage Wage Determination No: 1998-0614 Director Determinations Revision No: 15

Date Of Revision: 06/15/2010

State: Indiana

Area: Indiana Counties of Marshall, Saint Joseph

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

Food & Lodging:

(not set) - Food Service Worker 7.93 07041 Cook I 10.06 07042 - Cook II 12.20 07070 - Dishwasher 7.25 07250 - Waiter/Waitress 7.25 11060 Elevator Operator 7.25 11210 - Laborer, Grounds Maintenance 7.93 11240 Maid or Houseman 7.93 99030 - Cashier 7.93 99050 - Desk Clerk (see 1) 7.93

Halfway House & Residential Community Treatment:

(not set) - Food Service Worker 7.93 (not set) - Secretary 11.78 01011 - Accounting Clerk I 10.17 01012 - Accounting Clerk II 11. 05 01115 - General Clerk I 9.38 01611 - Word Processor I 9.38 07041 Cook I 10.06 07042 Cook II 12.20 07070 - Dishwasher 7.25 11150 Janitor 7.93 11210 - Laborer, Grounds Maintenance 7.93 11240 - Maid or Houseman 7.93 23370 - General Maintenance Worker 10.78 27101 - Guard I 9.37 27102 Guard II 10.08 99050 - Desk Clerk (see 1) 9.38

Moving & Storage:

21040 - Material Handling Laborer 8.64 21071 - Forklift Operator 10.06 21130 - Shipping Packer 10.06 21400 - Warehouse Specialist 10.06 31361 - Truckdriver, Light Truck 10.06 31362 - Truckdriver, Medium Truck 10.78 31363 - Truckdriver, Heavy Truck 11. 48 http://www.wdol.gov/wdol/scafiles/non-stdl98-0614.sca 6/28/2010 http://www.wdol.gov/wdol/scafiles/non-stdl98-0614.sca http:www.wdol.gov

Page 2 of4

31364 Truckdriver, Tractor-Trailer 12.20

BENEFITS:

HEALTH & WELFARE: $3.50 per hour or $140.00 per week or $606.67 per month

VACATION: 1 week paid vacation after 1 year of service with a contractor or successor; and 2 weeks after 2 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

4.174 )

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE

FOLLOWING:

1) Rates are applicable only under the appropriate occupational category.

** 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.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage http://www.wdol.gov/wdollscafiles/non-std/98-0614.sca 6128/2010

I

J

I r f r j t http://www.wdol.gov/wdollscafiles/non-std/98-0614.sca

Page 3 of4 determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. S.ll(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

Source of Occupational Title and Descriptions:

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations," Fourth Edition, January 1993, as amended by the Third Supplement, dated March 1997, unless otherwise indicated. This publication may be obtained from the Superintendent of Documents, at 202-783-3238, or by writing to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Copies of specific job descriptions may also be obtained from the appropriate contracting officer.

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

I r f f http://www.wdol.gov!wdollscafiles/non-stdl98-0614.sca 6/2812010 http://www.wdol.gov!wdollscafiles/non-stdl98-0614.sca

Page 4 of4 notifies the contract 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 red 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.

6/2812010http://www.wdol.gov/wdollscafiles/non-stdl98-0614.sca http://www.wdol.gov/wdollscafiles/non-stdl98-0614.sca