A07_-_Wage_Determination.pdf

U.S. DEPARTMENT OF LABOR SCA

PREVAILING WAGE RESOURCE BOOK WAGE DETERMINATIONS

SCA

WAGE DETERMINATIONS

SCA WAGE DETERMINATIONS

SCA WAGE DETERMINATION REQUIREMENTS

SCA WAGE DETERMINATIONS FORMAT

TWO TYPES OF SCA WAGE DETERMINATIONS

APPLICATION OF 4(c) WAGE DETERMINATIONS

SCA DIRECTORY OF OCCUPATIONS

OVERVIEW OF THE SCA DIRECTORY OF OCCUPATIONS

FEDERAL GRADE EQUIVALENCY (FGE) INFORMATION IN

THE DIRECTORY

USING THE SCA DIRECTORY OF OCCUPATIONS

JOB DESCRIPTION AND FEDERAL GRADE EQUIVALENT

MUST BE PROVIDED IF THE DIRECTORY DOES NOT

INCLUDE A CLASS FOR THE GIVEN JOB DUTIES

OBTAINING SCA WAGE DETERMINATIONS

RESPONSIBILITY OF CONTRACTING AGENCY TO

OBTAIN SCA WAGE DETERMINATIONS

OBTAINING SCA WAGE DETERMINATIONS - TWO

METHODS

MULTI-YEAR PROCUREMENT

TWO-STEP PROCUREMENTS

USING THE WDOL WEBSITE TO OBTAIN SCA WAGE

DETERMINATIONS

PROCESS TO SELECT AND OBTAIN SCA WAGE

DETERMINATIONS

CONTENTS OF AN SCA WAGE DETERMINATION

WAGE DETERMINATION SAMPLE MATERIALS

SCA WAGE DETERMINATIONS

SCA Wage Determination Requirements

SCA wage determinations apply to Federal Government and District of Columbia contracts, the principal purpose of which is to furnish services through the use of service employees. Each such contract in excess of $2,500 (and the related bid solicitation) is required to contain provisions that specify the monetary wages and fringe

SCA wage determinations set forth the prevailing wages and fringe benefits that prime contractors and subcontractors must pay service employees working on covered contracts in specified geographic areas. SCA wage determinations are issued by the WHD Branch of Service Contract Wage Determinations.

Wages the minimum monetary compensation required to be paid to the various classes of service employees are usually listed in the wage determination as hourly wage rates.

Fringe benefits, as specified in the contract clause established by the statutory

SCA fringe benefits requirement, include:

[M]edical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, unemployment benefits, life insurance, disability and sickness insurance, accident insurance, vacation and holiday pay, costs of apprenticeship or other similar programs and other bona fide fringe benefits not otherwise required by federal, state, or local law to be provided by the contractor or subcontractor.

SCA § 2(a)(2), recodified at 41 U.S.C. § 6703(2).

The various fringe benefits listed are illustrative of those which may be included in the wage determination. Which fringe benefits are included in a wage determination depends on the type of wage determination and the source data used to develop the wage determination.

Most SCA wage determinations are revised periodically, as new health and welfare benefits or wage survey data become available. However, if a wage determination is properly included in the contract at the time of award, the contract should not be modified to include subsequent revisions of the wage determination prior to completion of a contract term (unless the contract is a multi-year contract). (See further discussion -Year

Determinations

The SCA requires DOL to issue a wage determination for every service contract exceeding $2,500 and employing more than five service employees. SCA § 10, recodified at 41 U.S.C. §§ 6702(a)(2) and 6707(f).

If the contract requires five or fewer service employees, the contracting agency must obtain a wage determination from WDOL (if one is available there), or submit an e98 request for a wage determination.

There is a misconception among some contracting officers that they need not obtain or request a wage determination for a covered service contract if there will be five or fewer service employees performing on the contract.

However, only the WHD has the authority to decide whether or not to issue a wage determination for a contract with five or fewer service employees.

If an appropriate wage determination is not readily available for a service contract involving five or fewer service employees by use of the WDOL process for obtaining SCA wage determinations, the agency must submit an e98 request. WHD will either issue a wage determination reflecting such rates or notify the contracting agency that there is no wage determination applicable to the contract. If WHD issues a wage determination for such a contract, the agency must include it in the bid solicitation and resulting contract.

If WHD decides not to issue an SCA wage determination for a service contract involving five or fewer service employees, the contractor must pay no less than the federal minimum wage required by section 6(a)(1) of the FLSA. (An abor Standards chapter of this resource book.)

If a contract involves more than five service employees, the contract must contain a wage determination. If a wage determination is not available as bta the agency must submit an e98 request for a wage determination.

SCA Wage Determinations Format

Under the SCA, wage determinations are developed and issued for covered service contracts in the United States, including the District of Columbia, and certain territories.

Standard wage determinations (sometimes area-wide wage determinations ), have been issued since 1994 for specific locations. Each lists nearly 350 standard occupations defined in the SCA Directory of Occupations.

The WHD updates these wage determinations as wage survey data become available for the many geographic localities that comprise the geographic scope of the SCA.

- prevailing wage determinations are issued for specific contracts or types of contracts and may be based on different data sources that may be industry specific and/or often cover different geographic areas that may be either narrower or broader than the standard wage determinations.

Section 4(c) Collective Bargaining Agreement

Determinations benefits and are issued only when certain criteria are met.

Depending on the scope of work required by a specific contract, multiple wage determinations may need to be incorporated into a contract e.g., a standard wage determination, non-standard and/or 4(c) wage determinations, determinations for multiple locations if the contract will be performed in multiple locations, and under certain circumstances (as discussed elsewhere in this resource book) a Davis-Bacon wage determination, as well.

Two Types of SCA Wage Determinations

Two types of SCA wage determinations are issued: prevailing in the locality wage determinations (which include standard and non-standard wage determinations) and section wage determinations. The two types of wage determinations differ in how they are developed and issued, as required by the SCA and its regulations. See SCA §§ 2(a)(1), 2(a)(2), and 4(c), 41 U.S.C. 6703(a)(1), 6703(a)(2), and § 6707(c), and 29 C.F.R. Part 4.

1. Prevailing in the locality wage determinations set forth monetary wage and fringe benefits determined to be prevailing for various classes of service employees in the employees if directly hired by the Federal Government. SCA §§ 2(a)(1), 2(a)(2), and 2(a)(5) recodified at 41 U.S.C. §§ 6703(a)(1), 6703(a)(2), and § 6703(a)(5), respectively.

Wage rates prevailing in the locality. 29 C.F.R. § 4.51.

In rare instances, a wage rate prevailing in a locality is based on a single rate paid to a majority (50 percent or more) of workers employed in a specific occupation in a particular locality. The SCA regulations provide that such a majority § 4.51(b). Majority rate determinations are typically union dominance wage determinations.

Usually wage rates are based on measures of central tendency as provided in data collected by the Bureau of Labor Statistics, such as the Occupational Employment Statistics Survey (OES).

The OES produces employment and wage estimates for over 700 occupations. These are estimates of the number of people employed in certain occupations, and estimates of the wages paid to them. Self-employed persons are not included in the estimates. These estimates are available for the nation as a whole, for individual states, and for metropolitan areas; national occupational estimates for specific industries are also available.

Fringe benefits prevailing determinations. 29 C.F.R. § 4.52.

The applicable health and welfare (H&W) benefit rate is listed in each SCA wage determination.

The H&W benefit rate in most SCA wage determinations is based on data from the Bureau of Labor Statistics Employment Cost Index summary of Employer Cost for Employee Compensation. The H&W rate reflects the total cost for private employers to provide all bona fide fringe benefits (not legally required) other than vacations and holidays. (Vacations and holidays are determined separately under SCA.)

Effective June 1, 1997, DOL established a new methodology for determining the H&W benefit requirement applicable to most employees under the SCA. The new single rate methodology has replaced a two-level H&W rate structure that involved issuing different H&W requirements, depending on the nature and history of each contract (each rate with its own method of determining compliance with SCA requirements).

To ease a transition from the two-tier rate structure to a new single rate methodology, there was a four-year phase-in of rate increases and the higher rate was grandfathered for continued application to contracts that succeeded those to which it had applied. Since June 1, 2004, a single H&W benefit rate has been issued. (See All Agency Memoranda Nos. and 188 and 197.)

The SCA prevailing H&W benefits rate is adjusted annually, in June, based on new data. 29 C.F.R. § 4.52. On July 22, 2014, the H&W benefit rate was increased to $4.02 per hour.

A discussion of how to comply with these H&W benefit requirements is chapter.

The paid holiday and vacation benefit requirements in most SCA wage determinations vary from locality to locality reflecting prevailing fringe benefit practices in the geographic scope of the wage determination, and the applicable requirements are stated in each wage determination.

2. CBA wage determinations require a successor contractor to apply the wage rates and fringe benefits, including accrued and prospective increases, contained in a CBA that applied to the service employees who performed on the predecessor contract in the same locality. SCA §§ 4(c) and 2(a)(1) and (2). See also 41 U.S.C. §§ 6703(a)(1), 6703(a)(2), and § 6707(c).

Wage rates and fringe benefits are based on the predecessor contractor s CBA.

29 C.F.R. §§ 4.1(b) and 4.163.

For section 4(c) to apply, the predecessor contract and successor contract must involve furnishing substantially the same services in the same locality.

The SCA § 4(c) requirement, as reiterated at 29 C.F.R. § 4.163(a), is that:

No contractor or subcontractor under a contract which succeeds a contract subject to [the SCA] and under which substantially the same services are furnished, shall pay any service employee under such contract less than the wages and fringe benefits, including accrued wages and fringe benefits, and any prospective increases in wages and fringe benefits provided for in a collective-bargaining agreement -length negotiations, to which such service employees would have been entitled if they were employed under the predecessor contract

The 4(c) requirements may not apply if the collectively bargained rates were not a result of -length negotiations or if the CBA rates are substantially at variance with those which prevail for services of a character similar in the locality. A later chapter of this resource book discusses administrative hearings to address issues of

-length negotiations.

Application of 4(c) Wage Determinations

The successor contractor is obligated to pay its employees the wages and fringe have been entitled to if they were employed by the predecessor contractor. On a contract subject to annual fiscal appropriations of Congress, this obligation applies independently to the base year of a multi-year contract and each subsequent option. On other contracts, the obligation is for up to two years. ( see the discussion of - )

This obligation exists whether or not the employees of the predecessor contractor are hired by the successor contractor. Thus, even if a successor contractor does not hire any of the predecessor contra successor contractor is nevertheless required to pay service employees employed on the contract the CBA rates .

Note: In accordance with Executive Order 13495 and its implementing regulations, and as chapter of this resource book, successor contractors providing the same or similar services at the same location as the predecessor often will have an obligation to offer a right of first refusal of employment to service employees on the predecessor contract.

The obligation of the successor contractor is limited to the wage and benefits not extend to other items such as seniority, grievance procedures, work rules, overtime, etc.

Any interpretation of the wage and fringe benefit provisions of the CBA where its provisions are unclear must be based on the intent of the parties signatory to the CBA, provided that such interpretation does not violate any law.

Generally, the provisions of section 4(c) are self-executing and failure to include the

CBA rates in the wage determination issued for the successor contract does not relieve the successor contractor of the statutory requirements to comply with the CBA rates.

The self-executing application of section 4(c) may be limited if notice of the terms and conditions of a new or changed collective bargaining agreement is not received within the timeframes and under the circumstances specified in 29 C.F.R. § 4.1b(b)(1) and (2).

These limitations apply only if the contracting officer has given both the incumbent (predecessor) contractor and the collective bargaining representative written notification at least 30 days in advance of all applicable Estimated procurement dates, including bid solicitation, bid opening, date of award, commencement of negotiations, receipt of proposals, or the commencement date of a contract resulting from a negotiation, option or extension, as the case may be.

The limitation on the self-executing application of the 4(c) provision will not apply, i.e. the 4(c) requirements will apply, if the contracting agency has given such notification, and the agency receives notice of the terms of a new or changed CBA which was consummated during the period of performance of the predecessor contract and which was applicable to the performance of work under the predecessor contract

For advertised procurement 10 days before the date set for bid opening

(or less if the contracting agency finds that there is still reasonable time to notify bidders);

For negotiated procurement before the award date if start of performance is within 30 days, or 10 days before commencement of the contract if start of performance is beyond 30 days.

The CBA must be received by the contracting officer (Not DOL) within specified timeframes.

If the CBA is not received by the contracting officer within these timeframes, then the CBA may not apply.

Two types of appeals can be made concerning CBA rates where section 4(c) applies: appeals based on substantial variance issues, and appeals based on issues s- negotiations. Both types of appeals may be resolved by administrative hearings conducted by an Administrative Law Judge pursuant to 29 C.F.R. Part 6, or on appeal, by the ARB pursuant to 29 C.F.R. Part 8. See 29 C.F.R.

§§ 4.10 and 4.11. The chapter of this resource book provides more detailed information on this subject.

SCA DIRECTORY OF OCCUPATIONS

Overview of the SCA Directory of Occupations

Since April 1985, the Wage and Hour Division has published standard occupational titles and definitions in the SCA Directory of Occupations. This is a key resource to be utilized in obtaining and applying SCA wage determinations. The WHD home page (http://www.dol.gov/whd/ e Directory.

For any SCA-covered contract exceeding $2,500 the contracting agency must either

The e98 process requires the contracting agency to specify the occupational titles of workers to be employed on the contract. Use of the Directory allows the contractor, federal procurement agency, and WHD staff to associate standard job descriptions with these titles.

Each year, wage determinations are applied to approximately 60,000 government service contracts covered under the SCA. Total annual federal government service contracting has been estimated in the billions of dollars. These SCA-covered contracts involve the performance of a wide range of services, including such diverse activities as aerial spraying, barber and beauty shop services, computer services, electronic equipment maintenance, furniture repair, surveying and mapping, trash removal, and warehousing. Employees in a wide spectrum of occupations are needed to perform these services.

A variety of data sources are utilized in the development of SCA prevailing wage determinations, including Bureau of Labor Statistics survey data. The Directory is now in its fifth edition, which was published in 2006.

Since payroll titles and work assignments vary among establishments and geographic areas, such descriptions are useful as standards in classifying workers by occupation so that wage rates representing specific job content can be established. The Directory makes available uniform occupational information providing composites of similar jobs performed in many geographic areas all over the country. The Directory contains occupational titles and descriptions and a classification structure under which the occupations are arranged according to their interrelationships.

Federal Grade Equivalency (FGE) Information in the Directory

The Fifth Edition of the Directory provides information on the federal civil service grade levels most likely to correspond to the occupations included.

This information reveals the grade levels that would be assigned to such occupations, if the work was being performed by a federal employee.

For WHD staff, such information is especially useful in connection with developing prevailing wage determinations for occupations for which no survey data are available or for which survey data are not available for various levels within a job family.

Contractors and federal procurement agency staff may utilize federal grade equivalency (FGE) data for guidance in developing wage rate proposals for Process chapter of this resource book for further information on FGE use for conformances.)

FGE rates are divided into the following four classifications for purposes of SCA administration:

-supervisory ed for non-supervisory rs to non-supervisory non-appropriated fund Administrative

Services rates; and

-appropriated fund classifications.

Using the SCA Directory of Occupations

The SCA Directory of Occupations provides the occupational titles and describes the scope of duties for each occupation listed. It is available on the WDOL website at http://www.dol.gov/whd/contracts/sca.htm. In addition to the Directory, links are provided for the:

, which provides a numerical listing of occupational in the Directory by page; and the

, which provides an alphabetical listing of occupational titles.

The classification system developed is structured on a three-tier arrangement:

category, occupation, and level of difficulty. Each tier represents groupings in successively finer detail. This should enable users who so desire to tabulate or analyze data at different levels of aggregation.

Note: Below are the 20 broad occupational categories arranged alphabetically and coded numerically.

01000 Administrative Support and Clerical Occupations

05000 Automotive Services Occupations

06000 Automotive Service (Retail) Occupations

07000 Food Preparation and Service Occupations

08000 Forestry and Logging Occupations

09000 Furniture Maintenance and Repair Occupations

11000 General Services and Support Occupations

12000 Health Occupations

13000 Information and Arts Occupations

14000 Information Technology Occupations

15000 Instructional Occupations

16000 Laundry, Dry Cleaning, Pressing and Related Occupations

19000 Machine Tool Operation and Repair Occupations

21000 Materials Handling and Packing Occupations

23000 Mechanics and Maintenance and Repair Occupations

24000 Personal Needs Occupations

25000 Plant and System Operation Occupations

27000 Protective Service Occupations

28000 Recreational Occupations

29000 Stevedoring/Longshoremen Occupational Services

30000 Technical Occupations

31000 Transportation/Mobile Equipment Operation Occupations

47000 Water Transportation Occupations

91000 Wildlife Management and Animal Care Occupations

99000 Miscellaneous Occupations

The detailed numerical listing presents the categories, occupations, levels of difficulty, federal grade equivalencies, and the page numbers on which the occupational descriptions can be found. The coding system utilized by the Directory has the following characteristics:

Each occupational title is identified by a five digit code.

The first two digits of each occupational code identify the broad category of occupations to which each specific occupation belongs. For example, since the code for the broad category of Administrative Support is 01000, each specific occupation within this category begins with the first two digits 01, such as, Court Reporter, 01040.

Within each broad category, occupations are listed in alphabetical order.

Therefore, the third and fourth digit of each occupational code follow that alphabetical progression. For example, the code for Rental Clerk is 01290, while the code for Scheduler, Maintenance is 01300.

level.

The levels of difficulty are denoted by Roman numerals placed after the thereafter indicating a more difficult level. In general, the higher the grade level, the greater the level of complexity and compensation. The codes for each level, such as General Clerk I, General Clerk II, and General Clerk III, utilize the fifth digit to differentiate one from the other. For example, General Clerk I, 01111; General Clerk II, 01112; and General Clerk III, 01113.

Each broad category is defined so that homogeneous groupings can be delineated. The titles represent those most commonly used in the wage determination process. The descriptions represent composites of jobs found in a number of establishments and may differ from those in use in individual establishments or those prepared for other purposes.

Some of these definitions have been adjusted to meet SCA operations requirements. Immediately following the title, there may be one or more titles in parentheses. These are alternative titles for the titles with which they are shown. They are synonymous titles and appear in the alphabetical index in lower case.

Job Description and Federal Grade Equivalent Must Be Provided if the Directory Does Not Include a Class for the Given Job Duties

Contracting agency officials who are unable to locate a given title or description, or who cannot match specific job duties with a corresponding occupational description in the Directory, should submit an appropriate occupational title and description

This procedure will assist the WHD Branch of Service Contract Wage

Determinations in issuing wage determinations for occupations in response

Such information also provides the basis for future updates and revisions of the Directory.

Note that wage determinations will not be issued for occupational titles requested if the applicable job duties are performed by an occupational classification contained in the SCA Directory and listed in the wage determination.

Job definitions included in the Directory may not be applicable when the service contract is governed by section 4(c) of the SCA.

OBTAINING SCA WAGE DETERMINATIONS

(29 C.F.R. § 4.4)

Responsibility of Contracting Agency to Obtain SCA Wage Determinations

Contracting agencies have the initial responsibility for determining whether a proposed contract may be subject to the SCA and, if the proposed contract is covered by the SCA and exceeds $2,500, to obtain and incorporate the appropriate wage determination(s) in covered contracts.

Obtaining SCA Wage Determinations Two Methods

SCA wage determinations can now be obtained from the WDOL website

(http://www.wdol.gov) by the contracting agency in two different ways. The contracting agency has total discretion as to which method to follow. See Final R published in the Federal Register on August 26, 2005, 70 Fed. Reg. 50888-50899).

First Method .

For each proposed contract exceeding $2,500, the contracting agency may request SCA wage determinations from the WHD by electronically submitting contract. The wage determination(s) issued in response to each request must be incorporated into the bid specifications and the resultant contract.

ify the:

Relevant procurement dates.

County and state where the work will be performed.

Type of services to be performed under the contract.

Occupational classes and the number of service employees who will perform work on the contract. Occupational titles and corresponding code numbers found in the SCA Directory of Occupations should be used where applicable. A detailed discussion of the SCA Directory of Occupations is provided in this chapter of the resource book. For occupations not contained in the Directory, an appropriate job title and job description must be provided.

Hourly rates or federal grade levels that would be paid if such workers were federal direct hires.

Information on the incumbent contract, i.e., incumbent contractor, previous wage determination, and any CBA that may apply.

A correct e-mail address, as most responses will be provided via e-mail.

If the incumbent contractor has furnished substantially the same services in the same locality through the use of service employees whose wages and fringe benefits are the subject of one or more CBAs, the contracting agency should reference the union an for instructions on how to submit the CBA. Upon receipt of the CBA, WHD will provide an e-mail response to the contracting agency attaching a copy of a section 4(c) wage determination based on the CBA.

system automatically provides an amended response if the applicable wage determination is revised, and such amended response will be provided via e-mail and will be deemed to be received by the contracting agency.

A ld be submitted by the contracting agency if the bid opening date, or if contract commencement, is delayed by more than 60 days.

Second Method WDOL process pursuant to 29 C.F.R. § 4.4(c).

Contracting agencies may use the WDOL website to select the proper wage determination for a proposed contract. The WDOL website provides assistance to the contracting agency in the selection of the correct wage determination.

The contracting agency is fully responsible for selecting the correct wage determination. If the DOL determines that the correct SCA wage determination was not included in a covered contract, the contracting agency shall amend the contract within 30 days of DOL notice to incorporate the correct wage determination as determined by the WHD. 29 C.F.R. § 4.5(c)(2).

If an applicable prevailing wage determination is not available on the WDOL

The contracting agency shall monitor the WDOL website to determine whether the applicable wage determination has been revised. Revisions published on the WDOL website or otherwise communicated to the contracting officer are applicable and to be included in the contract under the following time frames:

For advertised procurement 10 days before the date set for bid opening, unless the contracting agency determines there is not reasonable time to notify bidders of the revision within 10 days;

For negotiated procurement before the award date if start of performance is within 30 days, or 10 days before commencement of the contract if start of performance is beyond 30 days.

If the incumbent contractor furnished substantially the same services in the same locality through the use of service employees whose wages and fringe benefits are the subject of one or more CBAs, the contracting agency may prepare a wage determination referencing and incorporate a complete copy of the CBA(s) into the successor contract action. A copy of the CBA(s) need not be submitted to the WHD unless requested.

The general public may also access the WDOL website at no cost to obtain available wage determinations for INFORMATION PURPOSES ONLY. The contracting agency is required to incorporate the applicable wage determination(s) into the contract. Thus, only those wage determinations inserted into the contract at award, or by modification, are applicable.

Multi-Year Procurement

In the case of multi-year contracts subject to annual fiscal appropriations of

Congress, the contracting agency must obtain a new wage determination each year for use on the anniversary date of the contract. 29 C.F.R. §§ 4.4(a)(1) and 4.145(a).

If the multi-year contract is not subject to annual fiscal appropriations, the contracting agency must obtain a new wage determination and apply it to the contract at least every two years, on the biennial anniversary date of the contract.

SCA§ 4(d), recodified at 41 U.S.C. § 6707(d), and 29 C.F.R. § 4.145(b).

Two-Step Procurements

When the place of performance of a contract is unknown at the time of solicitation, the contracting agency should follow the two-step procedure, as required by 29 C.F.R. § 4.4(a)(3):

In the first step, the contracting agency will issue an initial solicitation with no wage determination, from which it identifies all interested bidders and their possible places of performance.

In the second step, the contracting agency will obtain separate wage determination(s) for the various localit(ies) identified in the first step, to be incorporated in the solicitation prior to the submission of final bids. The appropriate wage determination(s) applicable to the geographic locations identified by the successful bidder must be incorporated in the resultant contract and must be observed, regardless of whether the contractor subsequently changes the place(s) of contract performances.

Using the WDOL Website to Obtain SCA Wage Determinatio

To facilitate contracting officers selecting the appropriate SCA wage determination, the WDOL website provides a series of questions. Based upon the responses to these questions, the WDOL site will either identify an SCA wage determination or direct the requester to submit an e98.

A direct link to the e98 site is provided. The WDOL site gives the requester the option of going directly to the e98 site without going throu wage determination selection process. If a contracting officer has any question regarding the selection of the proper SCA wage determination, the WDOL site directs the contracting officer to the e98.

The WDOL website has a sections that focus on helpful information on SCA and DBA use of the website.

As discussed previously, and as clearly indicated on the WDOL website, compliance with the decision tree selection process and the guidance provided by the requirement to carefully review the contract or solicitation, the FAR (48 C.F.R., including any relevant FAR Supplement or other Federal agency acquisition regulations), and the DOL regulations related to these actions.

Selecting SCA WDs option. Respond to each question beginning with the state and county until you have obtained the appropriate wage determination.

are identical except for the fringe benefit requirements. Because the fringe benefit compliance standards are different, the two types of prevailing wage determinations are not interchangeable.

ODD-NUMBERED wage determinations (e.g., 2005-2011) apply to most

SCA contracts. These wage determinations require the contractor to per employee basis. Compliance must be calculated using all hours paid for (including paid time off) up to 40 hours a week, 2080 hours a year, and the contractor must meet the minimum fringe benefit requirement as specified by the wage determination for each individual employee.

EVEN-NUMBERED wage determinations (e.g., 2005-2012) are to be applied only to contracts where an even-numbered SCA wage determination applied to the preceding contract of the same federal agency for the same services in the same location. These wage determinations allow the contractor to comply with the fringe benefit requirement on an chapter of this resource book.

wages and benefits in specific service industries in designated localities. In the WDOL SCA wage determination selection process, the user will be asked to determine if the contract services are non-standard as designated by DOL.

The menu will provide a drop-down listing of such designated Non-http://www.wdol.gov/usrguide/appdxa.html also lists non-standard services.

determination description.

- available from the WDOL website is appropriate for a particular contract action, the contracting officer should request an appropri -from DOL using the e98 system.

source contract with a county, state or municipality where wages and benefits are already established. The SCA wage determination applicable to such a contract will reflect the rates established by the sole-source contractor. (Note that not all sole-source contract actions are subject to a

DOL issues wage determinations based on the provisions of section 4(c) of the

SCA (as reflected in 41 U.S.C. § 6707(c) and as required pursuant to 29 C.F.R.

§§ 4.1(b) and 4.163)) (c) determinations recognize the wages and fringe benefits contained in a

(c) be created by a federal agency using the WDOL website, as described below, and may be obtained by interested parties from the contracting agency.

Examples of t to Select and Obtain SCA Wage Determinations

Following are examples that show the sequences of questions and answers that enable the wage determination selection system to provide users with appropriate SCA wage determinations. The sequences are shown in these examples as they appear in the WDOL system for obtaining SCA wage determinations. Related the chapter of this resource book.

The first example shows a common sequence YES NO that take the WDOL user to a standard SCA wage determination.

YES NO

obtaining a non-standard wage determination.

Following these examples is a copy of the blank e98 request form.

Example 1 Standard SCA wage determination

Select state & county where the services are to be performed then click Continue.

If you do not find the locality listed, please request a WD by e-98.

WDOL User's Guide: Sec. B.5.a

Were these services previously performed at this locality under an SCA-Covered contract?

--> YES

Are any of the employees performing work subject to a Collective Bargaining Agreement (CBA)? WDOL User's Guide: Sec. B.5.b.

--> NO

Are the contract services to be performed listed below as Non-Standard Services?

If so, high-light the service by clicking on it, and click "Yes". If the contract services are not listed below, then click "No".

--> NO

Description:

To see a description of each Non-Standard Service, please select it from the above drop-down list.

If the contract services are not listed as Non-Standard, or covered by the classifications listed on the Standard WD, the contracting officer must use the DOL e-98 to request an appropriate SCA WD.

Texas Bexar Continue

Yes No

Yes No

Aerial Photographers/Seeding/Spraying Services Aircraft Services (Large Multi-Engine Aircraft including CNET Postal Contracts) Auto Concession Services Baggage Inspection Services

Were these services previously performed under an SCA wage determination that ends in an even number? Example: 1994-2104; or 1994-2114. WDOL User's Guide: Sec. B.5.a.(1)

--> NO

The Wage Determ inat ion you have requested is below.

Please scroll down to review the WD carefully to ensure that it is appropriate for the specific cont ract act ion.

Printer Friendly Version

WDOL User's Guide Sec. B.6.f

By c , NOTE: Wage Determination No. 2005-2521, Revision No. 4, dated September 26, 2007, was generated by WDOL in response to the answers, shown above. In response to determination that ends in a NO the WDOL wage determination selection system provided an even numbered standard wage determination for the State/County identified by the user. As

H&W fringe benefit requirement.

YES

determination selection process would have provided, instead, Wage Determination NO. 2005-2522, Revision No. 5, dated September 26, 2007. The classifications and

Yes No

WD 05-2521 (Rev.-4) was first posted on www.wdol.gov on 10/02/2007

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

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRAT

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

| WASHINGTON D.C. 20210

| Wage Determination No.: 2005-2521 William W.Gross Division of | Revision No.: 4 Director Wage Determinations| Date Of Revision: 09/26/2007 State: Texas

Sign Up for Alert Service Find Another WD Exit wage requirements listed are identical. The difference is that Wage Determination

NO. 2005-

hod of achieving compliance may be very different, as explained elsewhere in this chapter and in the

This illustrates the importance of users responding carefully to the questions in the

WDOL decision tree for obtaining SCA wage determinations for use in SCA contracts.

The screen that would have led to the even-numbered wage determination Wage

Determination No 2005-2522, Revision 5, also dated September 26, 2007, for the same area was:

The Wage Determ inat ion you have requested is below.

Please scroll down to review the WD carefully to ensure that it is appropriate for the specific cont ract act ion.

See the H&

WD 05-2522 (Rev.-5) was first posted on www.wdol.gov on 10/02/2007

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

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRAT

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

| WASHINGTON D.C. 20210

| Wage Determination No.: 2005-2522 William W.Gross Division of | Revision No.: 5 Director Wage Determinations| Date Of Revision: 09/26/2007 State: Texas

Sign Up for Alert Service Find Another WD Exit

Example 2 Non-standard SCA wage determination

Are any of the employees performing work subject to a Collective Bargaining Agreement (CBA)? WDOL User's Guide: Sec. B.5.b.

--> NO

Are the contract services to be performed listed below as Non-Standard Services?

If so, high-light the service by clicking on it, and click "Yes". If the contract services are not listed below then click "No".

Description:

To see a description of each Non-Standard Service, please select it from the above drop-down list.

If the contract services are not listed as Non-Standard, or covered by the classifications listed on the Standard WD, the contracting officer must use the DOL e-98 to request an appropriate SCA WD.

District of Columbia Statewide Continue

Yes No

Yes No

Residential and Halfway House Services River Transportation Towing and Tender Vessels

This WD may be used only for contracts for moving from one building to another or f

The Wage Determ inat ion you have requested is below.

Please scroll down to review the WD carefully to ensure that it is appropriate for the specific cont ract act ion.

See WD No. 1995-0

Example 3 4(c) wage determination

Are any of the employees performing work subject to a Collective Bargaining Agreement (CBA)? WDOL User's Guide: Sec. B.5.b.

WD 95-0819 (Rev.-20) was first posted on www.wdol.gov on 06/05/2007

FL/HH/MS

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

THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATIO

By direction of the Secretary of Labor WAGE AND HOUR DIVISION

WASHINGTON, D.C. 20210

William W. Gross Division of Wage Wage Determination No: 1995-0819 Director Determinations Revision No: 20 Date Of Revision: 05/29/2007 States: District of Columbia, Maryland, Virginia Area: District of Columbia Statewide

Sign Up for Alert Service Find Another WD Exit

Texas Bexar Continue

Is the WD in the current contract based on a Collective Bargaining Agreement (CBA)?

If you have previously created a Collective Bargaining Agreement (CBA) WD applicable to this contract using this system, click Get CBA WD. If not click Continue to create a new CBA WD.

--> Continue

The Agency Contracting Officer should complete the following form in order to obtain a Collective Bargaining Agreement (CBA) WD for an SCA-applicable collective bargaining agreement. The Contracting Officer must prepare a separate CBA WD for each covered CBA applicable to a contract action (including separate CBA WDs for prime and subcontractors) WDOL User's Guide Sec. B.5.b.(2)

NOTE:

chapter of this resource book.

Get CBA WD Continue e98

NOTICE OF INTENTION TO MAKE

A SERVICE CONTRACT AND RESPONSE TO NOTICE

Click Here For Help With This Form

Rev. Feb. 1973

1. Notice No. TBA

Procurement Type

If Sole Source type of procurement, name of organization agreement is with

2. Estimated Solicitation Date

3. Estimated Date Bids or Proposals to be Opened or Negotiations Begun

4. Date Contract Performance to Begin

5. Places of Performance State Counties

Counties Selected

6. Services to be Performed

Description of Services to be Performed

7. Information about Performance

A. Services now performed by contractors

B. Services now performed by Federal employees

C. Services not presently being performed

If box A in item 7 is marked, complete item 8 as applicable.

8a. Name and Address of Incumbent Contractor

Number of Contractors:

8b. Year and Sequence Number of any wage determinations in incumbent's contracts

Number of Wage Determinations:

8c. Name of Union if services are being performed under collective bargaining agreements

Mail or email copies of current applicable collective bargaining agreements (CBA) to DOL (Click Here for CBA Mailing Directions).

Number of Unions:

9. Official Submitting Notice 10. Department, Agency, Bureau, or Division mm/dd/yyy mm/dd/yyy mm/dd/yyy

None - - - - - - - - - - - -

Other

First Name:

Last Name:

Email:

Phone:

Ext:

Fax:

Date: 5/18/2013

11. Name and address of contact person

Name:

Address:

City:

State: Zip:

Standard Occupations

Number of Standard Occupations:

Non Standard Occupations

Number of Non-Standard Occupations:

15. Comments

For help with the SF-98 Form please contact the Wage and Hour Division at

(202) 515-2666.

Help Desk is open Monday through Friday, 8:00 AM until 5:00 PM EST.

CONTENTS OF AN SCA WAGE DETERMINATION

Standard prevailing wage determinations are most frequently issued and applied to SCA-covered contracts. These wage determinations contain the following types of information:

Wage Determination Number is generally eight digits, that start with the year a new edition of the SCA Directory of Occupations is issued. For example, 2005-2xxx or 2005-3xxx (previously issued using 1994-2xxx or 1994-3xxx). Note: Two identical wage determinations, except with respect to fringe benefits, are issued for each locality.

Odd-number wage determinations, when incorporated in a covered contract, require compliance with the health and welfare fringe frequently.

Even-number wage determinations, when incorporated in a covered contract, require compliance with the health and welfare fringe issued such wage determinations only for successor contracts. Thus, agencies should use even-numbered wage determinations only when a bid solicitation (or RFP) succeeds a contract that previously contained chapter of this resource book for information on how to comply with each of these fringe benefit requirements.

Revision No. is assigned when the wage determination is modified.

Date of Revision the date the wage determination was issued by the

WHD. This date does not necessarily reflect the effective date of the wage determination in any particular contract.

Locality each wage determination will specify its geographic scope, usually by state and county.

Occupations standard wage determinations list approximately 350 occupations in 21 broad occupational categories (e.g.

SCA

Directory of Occupations.

Wage Rates are specified for each occupation listed in the wage determination and are the minimum rates that must be paid to service employees working on the contract.

The wage rates and fringe benefits listed in prevailing in the locality wage determinations are based on the wages and fringe benefits determined to prevail in the locality covered by the wage determination. The best available information is used to determine what is prevailing, while giving due consideration to federal wage rates that would apply if the workers were federal employees.

Health and Welfare Fringe Benefits required by the wage determination for all occupations are specified in a footnote that follows the schedule of wage rates for the various occupations listed in the wage

The footnote for the health and welfare fringe benefit requirement is a single line specifying hourly, weekly, and monthly contribution amounts. For example:

HEALTH & WELFARE: $4.02 per hour or $160.80 per week or

$696.79 per month.

The footnote for the health and welfare fringe benefit requirement is a brief paragraph listing types of benefits and an hourly contribution amount. For example:

HEALTH & WELFARE: Life, accident, and health insurance plans, sick leave, pension plans, civic and personal leave, severance pay, and savings and thrift plans. Minimum employer contributions must cost an average of $4.02 per hour computed on the basis of all hours worked by service employees employed on the contract.

Paid Vacation Benefits are specified in a footnote following the health and welfare fringe benefits footnote. Vacation benefits vary from locality to locality and by total length of service of the service employee with the current contractor and any predecessor contractor(s).

Paid Holiday Benefits are specified in a footnote following the vacation benefits footnote.

Remaining footnotes include:

Specific occupational footnotes;

Hazardous Pay Differential;

Uniform Allowance;

SCA Directory, which edition applies and how to obtain a copy; and, Request for Authorization of Additional Classification and Wage Rate

(SF 1444)

- have most of the same information as the standard wage determinations.

Non-standard wage determinations are issued for specific contracts or types of contracts. They may be based on different data sources that may be industry specific and they often cover different geographic areas that may be either narrower or broader that the standard wage determinations for the area.

For example, a non-standard wage determination may apply only to a specific contract or federal facility rather than the broader geographic area listed on the standard wage determination. Conversely, the non-standard wage determination may apply statewide or regionwide to particular classification(s).

Non-standard wage determinations have numbers that reflect the year the wage determination was first issued. For example, a non-standard wage and carries a wage determination number of 2002-0147 Revision No. 20 reflect the predecessor criteria are met.

i.e., they identify the specific contract, locality, the parties signatory to the CBA, and a brief statement regarding the application of section 4(c) to the contract.

If the wage determination is issued by DOL, it will include an eight digit wage determination number starting with the year of first issuance (e.g., 2007-0248 (Revision No. 1)) issued by the contracting agency via the wdol.gov website, it will include not have a copy of it on file.

The wage and fringe benefits required under wage determinations are based on the wage rates and fringe benefits, including any accrued and prospective increases, contained in a

See SCA § 4(c), 41 U.S.C. § 6707(c), and 29 C.F.R. §§ 4.1(b) and 4.163.

Note: Compliance with the SCA is determined by the wage determination contained in the federal service contract.

WAGE DETERMINATION SAMPLE MATERIALS

Excerpts from WD Nos. 2005-2521 & 2005-2522

(1ST page and last 3 pages of each, showing footnotes; H&W different )

WD No. 95-0819 (Rev.-32)

(An example of a WD for non-standard classifications)

WD Format

WD 05-2521 (Rev.-4) was first posted on www.wdol.gov on 10/02/2007

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.: 2005-2521 William W.Gross Division of | Revision No.: 4 Director Wage Determinations| Date Of Revision: 09/26/2007 State: Texas

Area: Texas Counties of Atascosa, Bandera, Bexar, Comal, De Witt, Edwards, Gillespie, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Kinney, McMullen, Medina, Real, Uvalde, Val Verde, Wilson

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 12.58 01012 - Accounting Clerk II 14.11 01013 - Accounting Clerk III 15.78 01020 - Administrative Assistant 19.97 01040 - Court Reporter 16.64 01051 - Data Entry Operator I 10.73 01052 - Data Entry Operator II 11.72 01060 - Dispatcher, Motor Vehicle 15.18 01070 - Document Preparation Clerk 12.10 01090 - Duplicating Machine Operator 12.10 01111 - General Clerk I 10.45 01112 - General Clerk II 12.10 01113 - General Clerk III 15.45 01120 - Housing Referral Assistant 18.16 01141 - Messenger Courier 9.73 01191 - Order Clerk I 10.97 01192 - Order Clerk II 12.73 01261 - Personnel Assistant (Employment) I 14.73 01262 - Personnel Assistant (Employment) II 16.48 01263 - Personnel Assistant (Employment) III 18.38 01270 - Production Control Clerk 16.98 01280 - Receptionist 9.83 01290 - Rental Clerk 13.43 01300 - Scheduler, Maintenance 14.56 01311 - Secretary I 14.56 01312 - Secretary II 16.29 01313 - Secretary III 18.16 01320 - Service Order Dispatcher 13.44 01410 - Supply Technician 19.97 01420 - Survey Worker 15.14 01531 - Travel Clerk I 11.01 01532 - Travel Clerk II 11.72 01533 - Travel Clerk III 12.31 01611 - Word Processor I 12.30

31290 - Shuttle Bus Driver 12.89 31310 - Taxi Driver 10.81 31361 - Truckdriver, Light 12.89 31362 - Truckdriver, Medium 13.70 31363 - Truckdriver, Heavy 16.02 31364 - Truckdriver, Tractor-Trailer 16.02 99000 - Miscellaneous Occupations 99030 - Cashier 8.58 99050 - Desk Clerk…