16 - Section J Attachment 11 - Wage Determination No. 2005-2523 Rev. No. 10.pdf

WD 05~2523 (Rev.-10) was first posted on www.wdol.gov on 06/22/2010

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.: 2005-2523 Shirley F. Ebbesen Division of Revision No.: 10 Director Wage Determinations I Date Of Revision: 06/15/2010 __________________________________________ 1 _______________________________________________

State: Texas

Area: Texas Counties of Anderson, Bell, Bosque, Brazos, Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan, Mi l ls , Robertson

**Fringe Benefits Required Follow

OCCUPATION CODE - TITLE

01000 - Administrative Support And Clerical

01011 - Accounting Clerk I 01012 Accounting Clerk II 01013 Accounting Clerk III 01020 Administrative Assistant 01040 Court Reporter 01051 - Data Entry Operator I 01052 - Data Entry Operator II 01060 Dispatcher, Motor Vehicle 01070 Document Preparation Clerk 01090 Duplicating Machine Operator 01111 General Clerk I 01112 - General Clerk II 01113 - General Clerk III 01120 - Housing Referral Assistant 01141 - Messenger Courier 01191 - Order Clerk I 01192 - Order Clerk II 01261 - Personnel Assistant (Employment) 01262 - Personnel Assistant (Employment) 01263 - Personnel Assistant (Employment) 01270 - Production Control Clerk 01280 - Receptionist 01290 - Rental Clerk 01300 - Scheduler, Maintenance 01311 - Secretary I 01312 - Secretary II 01313 - Secretary III 01320 - Service Order Dispatcher 01410 - Supply Technician 01420 - Survey Worker 01531 - Travel Clerk I 01532 - Travel Clerk II 01533 - Travel Clerk III 01611 - Word Processor I 01612 - Word Processor II 01613 - Word ~rocessor III

05000 - Automotive Service Occupations the Occupational Listing**

FOOTNOTE

Occupations

I

II

III

05005 - Automobile Body Repairer, Fiberglass 05010 - Automotive Electrician 05040 - Automotive Glass Installer

RATE

11.70 13.13 14.69 19.47 14.54 10.46 12.35 14.53 11.12 11.12 10.46 12.55 14.06 14.76 10.45 12.32 13.45 12.99 14.60 17.03 16.12 10.41 11.44

11. 81

11. 81 13.39 14.76 12.50 19.47 13.05

11. 59 12.65 13.72 11.97 13.43 15.59

19.95 16.71 15.81

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05070 - Automotive Worker 15. 8 1 05110 - Mobile Equipment Servicer 13. 8 4 05130 - Motor Equipment Metal Mechanic 17.63 05160 - Motor Equipment Metal Worker 15.81 05190 - Motor Vehicle Mechanic 17.63 05 22 0 - Motor Vehicle Mechanic Helper 12.13 05 25 0 - Motor Vehic le Upholstery Worker 14.82 05280 - Mo t o r Vehicle Wrecker 15.81 05310 - Painter, Automotive 16.71 05340 - Radiator Repair Specialist 15.81 05370 - Tire Repairer 11. 33 05400 - Transmission Repair Specialist 17.63

07000 - Food Preparation And Service Occupations 07010 - Baker 10.07 07041 - Cook I 9.57 07042 - Cook II 10.88 07070 - Dishwasher 7.36 07130 - Food Service Worker 8 . 27 07210 - Meat Cutter 12.04 07260 - Waiter/Waitress 7.25

09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 15.59 09040 - Furniture Handler 10.15 09080 - Furniture Refinisher 15.59 09090 - Furniture Refinisher Helper 11.99 09110 - Furniture Repairer, Minor 13. 82 09130 - Upholsterer 15.59

11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 8 . 63 11060 - Elevator Operator 9.00 11090 - Gardener 11.40 11122 - Housekeeping Aide 9.00 11150 - Janitor 9 .00 11210 - Laborer, Grounds Maintenance 10.33 11240 - Maid or Houseman 7.72 11260 - Pruner 9.19 11270 - Tractor Operator 11. 55 11330 - Trail Maintenance Worker 10.33 11360 - Window Cleaner 10.08

12000 - Health Occupations 12010 - Ambulance Driver 14.82 12011 - Breath Alcohol Technician 16.45 12012 - Certif ied Occupational Therapist Assistant 23.26 12015 - Certified Physical Therapist Assistant 23 .37 12020 - Dental Assistant 15.27 12025 - Dental Hygienist 32 .41 12030 - EKG Technician 25.72 12035 - Electroneurodiagnostic Technologist 25 . 72 12040 - Emergency Medical Technician 14.82 12071 - Licensed Practical Nurse I 15.13 12072 - Licensed Practical Nurse II 17.02 12073 - Licensed Practical Nurse III 18.91 12100 - Medical Assistant 13.01 12130 - Medical Laboratory Technician 15.40 12160 - Medical Record Clerk 13.45 12190 - Medical Record Technician 15.99 12195 - Medical Transcriptionist 15.31 12210 - Nuclear Medicine Technologist 37.25 12221 - Nursing Assistant I 9 . 68 12222 - Nursing Assistant II 10. 87 12223 - Nursing Assistant III 12.63

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12224 - Nursing Assistant IV 14.17 12235 - Optical Dispenser 11.98 12236 - Optical Technician 15.13 12250 - Pharmacy Technician 15.24 12280 - Phlebotomist 14.28 12305 - Radiologic Technologist 22.50 12311 - Registered Nurse I 20.88 12312 - Registered Nurse II 25.55 12313 - Registered Nurse II, Specialist 25.55 12314 - Registered Nurse III 30.91 12315 - Registered Nurse III, Anesthetist 30.91 12316 - Registered Nurse IV 37.05 12317 - Scheduler (Drug and Alcohol Testing) 18.91

13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 15.66 13012 - Exhibits Specialist II 19.33 13013 - Exhibits Specialist III 23.65 13041 - Illustrator I 15.65 13042 - Illustrator II 19.33 13043 Illustrator III 23.65 13047 - Librarian 21.45 13050 - Library Aide/Clerk 11.97 13054 - Library Information Technology Systems 19.33 Administrator 13058 - Library Technician 15.66 13061 - Media Specialist I 14.32 13062 - Media Specialist II 16.03 13063 - Media Specialist III 17.86 13071 - Photographer I l3.94 13072 - Photographer II 15.66 13073 - Photographer III 19.31 13074 - Photographer IV 23.60 13075 - Photographer V 28 .74 13110 - Video Teleconference Technician 15.58

14000 - Information Technology Occupations 14041 - Computer Operator I 14.59 14042 - Computer Operator II 16.86 14043 - Computer Operator III 19.88 14044 - Computer Operator IV 22.02 14045 - Computer Operator V 24.38 14071 - Computer Programmer I 20.12 14072 - Computer Programmer II 24.52 14073 - Computer Programmer III (see 1 ) 14074 - Computer Programmer IV (see 1 ) 14101 - Computer Systems Analyst I 24.73 14102 - Computer Systems Analyst II (see 1)

14103 - Computer Systems Analyst III (see 1 ) 14150 - Peripheral Equipment Operator 14.59 14160 - Personal Computer Support Technician 22.02

15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 24.73 15020 - Aircrew Training Devices Instructor (Rated) 29.56 15030 - Air Crew Training Devices Instructor (Pilot) 35.43 15050 - Computer Based Training Specialist / Instructor 24.73 15060 - Educational Technologist 26.64 15070 - Flight Instructor (Pilot) 35.43 15080 - Graphic Artist 17.62 15090 - Technical Instructor 20.75 15095 - Technical Instructor/Course Developer 25.l3 15110 - Test Proctor 17.61 15120 - Tutor 17.61

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16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 7.93 16030 - Counter Attendant 7.93 16040 - Dry Cleaner 10.24 16070 - Finisher, F1atwork, Machine 7.93 16090 - Presser, Hand 7.93 16110 - Presser, Machine, Dryc1eaning 7.93 16130 - Presser, Machine, Shirts 7.93 16160 - Presser, Machine, Wearing Apparel, Laundry 7.93 16190 - Sewing Machine Operator 11. 04 16220 - Tailor 11.82 16250 - Washer, Machine 8.67

19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 17.83 19040 - Tool And Die Maker 20.71

21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 12.51 21030 - Material Coordinator 16.12 21040 - Material Expediter 16.12 21050 - Material Handling Laborer 10.06 21071 - Order Filler 10.77 21080 - Production Line Worker (Food Processing) 12.51 21110 - Shipping Packer 12.93 21130 - Shipping/Receiving Clerk 12.93 21140 - Store Worker I 9.38 21150 - Stock Clerk 13.16 21210 - Tools And Parts Attendant 12.51 21410 - Warehouse Specialist 12.51

23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 22.04 23021 - Aircraft Mechanic I 20.73 23022 - Aircraft Mechanic II 22.04 23023 - Aircraft Mechanic III 23.16 23040 - Aircraft Mechanic Helper 13.86 23050 - Airc~aft, Painter 18.61 23060 - Aircraft Servicer 15.99 23080 - Aircraft Worker 17.05 23110 - Appliance Mechanic 15.95 23120 - Bicycle Repairer 11.51 23125 - Cable Splicer 21.43 23130 - Carpenter, Maintenance 15.84 23140 - Carpet Layer 16.69 23160 - Electrician, Maintenance 19.86 23181 - Electronics Technician Maintenance I 19.30 23182 - Electronics Technician Maintenance II 20.62 23183 - Electronics Technician Maintenance III 22.36 23260 - Fabric Worker 15.56 23290 - Fire Alarm System Mechanic 18.68 23310 - Fire Extinguisher Repairer 14.42 23311 - Fuel Distribution System Mechanic 18.68 23312 - Fuel Distribution System Operator 14.42 23370 - General Maintenance Worker 15.93 23380 - Ground Support Equipment Mechanic 20.73 23381 - Ground Support Equipment Servicer 15.99 23382 - Ground Support Equipment Worker 17.05 23391 - Gunsmith I 14.42 23392 - Gunsmith II 16.69 23393 - Gunsmith III 18.97 23410 - Heating, Ventilation And Air-Conditioning 16.97 Mechanic 23411 - Heating, Ventilation And Air Contditioning 18.05

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Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic l7 .29 23440 - Heavy Equipment Operator 16.86 23460 - Instrument Mechanic 20.38 23465 - Laboratory/Shelter Mechanic 18.02 23470 - Laborer 10.06 23510 - Locksmith 15.95 23530 - Machinery Maintenance Mechanic 18.94 23550 - Machinist, Maintenance 15.98 23580 - Maintenance Trades Helper 13 .19 23591 - Metrology Technician I 20.38 23592 - Metrology Technician II 21.67 23593 - Metrology Technician III 22.98 23640 - Millwright 18.97 23710 - Office Appliance Repairer 15.95 23760 - Painter, Maintenance 17.15 23790 - Pipefitter, Maintenance 20.16 23810 - Plumber, Maintenance 18.49 23820 - Pneudraulic Systems Mechanic 18.97 23850 - Rigger 18.97 23870 - Scale Mechanic 16.69 23890 - Sheet-Metal Worker, Maintenance 18.10 23910 - Small Engine Mechanic 16.69 23931 - Telecommunications Mechanic I 26.38 23932 - Telecommunications Mechanic II 32.26 23950 - Telephone Lineman 21.42 23960 - Welder, Combination, Maintenance 16.45 23965 - Well Driller 18.97 23970 - Woodcraft Worker 18.97 23980 - Woodworker 13.07

24000 - Personal Needs Occupations 24570 - Child Care Attendant 9.49 24580 - Child Care Center Clerk 11.84 24610 - Chore Aide 8.61 24620 - Family Readiness And Support Services 11. 38 Coordinator 24630 - Homemaker 13.17

25000 - Plant And System Operations Occupations 25010 - Boiler Tender 18.97 25040 - Sewage Plant Operator 15.62 25070 - Stationary Engineer 18.97 25190 - Ventilation Equipment Tender 12.86 25210 - Water Treatment Plant Operator 15.62

27000 - Protective Service Occupations 27004 - Alarm Monitor 12.29 27007 - Baggage Inspector 10.98 27008 - Corrections Officer 14.90 27010 - Court Security Officer 16.80 27030 - Detection Dog Handler 14.19 27040 - Detention Officer 14.90 27070 - Firefighter 17.11 27101 - Guard I 10.98 27102 - Guard II 14.19 27131 - Police Officer I 18.32 27132 - Police Officer II 20.36

28000 - Recreation Occupations 28041 - Carnival Equipment Operator 12.62 28042 - Carnival Equipment Repairer 13.61 28043 - Carnival Equpment Worker 8.63 28210 - Gate Attendant/Gate Tender 12.73 28310 - Lifeguard 11.34

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28350 - Park Attendant (Aide) 28510 - Recreation Aide/Health Facility Attendant 28515 - Recreation Specialist 28630 - Sports Official 28690 - Swimming Pool Operator

29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 29020 - Hatch Tender 29030 - Line Handler 29041 - Stevedore I 29042 - Stevedore II

30000 - Technical Occupations 30010 - Air Traffic Control Specialist, 30011 - Air Traffic Control Specialist, 30012 - Air Traffic Control Specialist, 30021 - Archeological Technician I 30022 - Archeological Technician II 30023 - Archeological Technician III 30030 - Cartographic Technician 30040 - Civil Engineering Technician 30061 - Drafter/CAD Operator I 30062 - Drafter/CAD Operator II 30063 - Drafter/CAD Operator III 30064 - Drafter/CAD Operator IV 30081 - Engineering Technician I 30082 - Engineering Technician II 30083 - Engineering Technician III 30084 - Engineering Technician IV 30085 - Engineering Technician V 30086 - Engineering Technician VI 30090 - Environmental Technician 30210 - Laboratory Technician 30240 - Mathematical Technician 30361 - paralegal/Legal Assistant I 30362 - Paralegal/Legal Assistant II 30363 - Paralegal/Legal Assistant III 30364 - Paralegal/Legal Assistant IV 30390 - Photo-Optics Technician 30461 - Technical Writer I 30462 - Technical Writer II 30463 - Technical Writer III

Center (HFO) (see 2) Station (HFO) (see 2) Terminal (HFO) (see 2)

30491 - Unexploded Ordnance (UXO) Technician I 30492 - Unexploded Ordnance (UXO) Technician II 30493 - Unexploded Ordnance (UXO) Technician III 30494 - Unexploded (UXO) Safety Escort 30495 - Unexploded (UXO) Sweep Personnel 30620 - Weather Observer, Combined Upper Air Or (see 2) Surface Programs 30621 - Weather Observer, Senior (see 2)

31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 31030 - Bus Driver 31043 Driver Courier 31260 - Parking and Lot Attendant 31290 - Shuttle Bus Driver 31310 - Taxi Driver 31361 - Truckdriver, Light 31362 - Truckdriver, Medium 31363 - Truckdriver, Heavy 31364 - Truckdriver, Tractor-Trailer

99000 - Miscellaneous Occupations

14.24 10.09 15.98

11. 34 14.79

15.59 15.14 15.14 14.17 16.29

35.77 24.66 27 .16 14.27 15.58 19.76 23.36 21.12 14.80 19.07 20.51 22.72 14.99 18.07 20.24 26.53

31. 84 36.70 21.16 21.14 23.28 14.95 18.88 22.66 27.38 24.19 22.02 26.94 32.59 22.74 27.51 32.40 22.74 22.74 20.51

22.56

10.86 15.68 11.85

8.90 13.59 10.87 12.35 16.13 16.87 16.87

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99030 - Cashier 99050 - Desk Clerk 99095 - Embalmer 99251 - Laboratory Animal Caretaker I 99252 - Laboratory Animal Caretaker II 99310 - Mortician 99410 - Pest Controller 99510 - Photofinishing Worker 99710 - Recycling Laborer 99711 - Recycling Specialist 99730 - Refuse Collector 99810 - Sales Clerk 99820 - School Crossing Guard 99830 - Survey Party Chief 99831 - Surveying Aide 99832 - Surveying Technician 99840 - Vending Machine Attendant 99841 - Vending Machine Repairer 99842 - Vending Machine Repairer Helper

7.99 9.49

22.74 10.41 10.55 22.74 14.02

11. 95

11. 49 13.93 10.64 10.68 10.64 17.55 10.95 15.00 13.60 16.65 13.60

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

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

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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) 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

1112912010http://www.wdol.gov/wdol/scafiles/std/05-2523.txt http://www.wdol.gov/wdol/scafiles/std/05-2523.txt 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 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. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

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 WHO home page at http://www.dol.

gov/esa/whd/ or through the Wage Determinations On-Line (WOOL) 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

11129/2010http://www.wdol.gov/wdol/scafiles/stdl05-2523.txt http://www.wdol.gov/wdol/scafiles/stdl05-2523.txt http:http://wdol.gov http://www.dol 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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