LRC_Packing_&_Crating_Wage_Determination_Dutchess-Orange_NY.docx
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Service Contract Act Wage Determination Number 2015-2379, Revision Number 3, Dated 30 December 2016 for Dutchess and Orange Counties NY (http://www.wdol.gov/)
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WD 15-2379 (Rev.-3) was first posted on www.wdol.gov on 01/03/2017
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
| Wage Determination No.: 2015-2379 Daniel W. Simms Division of | Revision No.: 3 Director Wage Determinations| Date Of Revision: 12/30/2016 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
State: New York
Area: New York Counties of Dutchess, Orange **Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 15.11 01012 - Accounting Clerk II 19.61 01013 - Accounting Clerk III 21.89 01020 - Administrative Assistant 28.89 01035 - Court Reporter 21.64 01051 - Data Entry Operator I 14.71 01052 - Data Entry Operator II 16.05 01060 - Dispatcher, Motor Vehicle 24.39 01070 - Document Preparation Clerk 15.56 01090 - Duplicating Machine Operator 15.56 01111 - General Clerk I 14.80 01112 - General Clerk II 17.49 01113 - General Clerk III 18.82 01120 - Housing Referral Assistant 26.92 01141 - Messenger Courier 12.07 01191 - Order Clerk I 14.82 01192 - Order Clerk II 17.67 01261 - Personnel Assistant (Employment) I 18.96 01262 - Personnel Assistant (Employment) II 21.22 01263 - Personnel Assistant (Employment) III 23.66 01270 - Production Control Clerk 23.51 01290 - Rental Clerk 18.04 01300 - Scheduler, Maintenance 21.57 01311 - Secretary I 21.57 01312 - Secretary II 24.14 01313 - Secretary III 26.92 01320 - Service Order Dispatcher 21.75 01410 - Supply Technician 28.89 01420 - Survey Worker 21.64 01460 - Switchboard Operator/Receptionist 15.67 01531 - Travel Clerk I 12.64 01532 - Travel Clerk II 13.36 01533 - Travel Clerk III 14.10 01611 - Word Processor I 17.62 01612 - Word Processor II 19.79 01613 - Word Processor III 22.13 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 21.68 05010 - Automotive Electrician 26.09 05040 - Automotive Glass Installer 24.15 05070 - Automotive Worker 24.15 05110 - Mobile Equipment Servicer 20.57 05130 - Motor Equipment Metal Mechanic 26.94 05160 - Motor Equipment Metal Worker 24.15 05190 - Motor Vehicle Mechanic 26.94 05220 - Motor Vehicle Mechanic Helper 19.94 05250 - Motor Vehicle Upholstery Worker 21.07 05280 - Motor Vehicle Wrecker 24.15 05310 - Painter, Automotive 25.66 05340 - Radiator Repair Specialist 24.15 05370 - Tire Repairer 11.23 05400 - Transmission Repair Specialist 26.94 07000 - Food Preparation And Service Occupations 07010 - Baker 15.40 07041 - Cook I 14.28 07042 - Cook II 16.80 07070 - Dishwasher 9.34 07130 - Food Service Worker 11.24 07210 - Meat Cutter 19.20 07260 - Waiter/Waitress 11.68 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 16.23 09040 - Furniture Handler 12.01 09080 - Furniture Refinisher 17.00 09090 - Furniture Refinisher Helper 13.06 09110 - Furniture Repairer, Minor 14.82 09130 - Upholsterer 16.92 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 12.94 11060 - Elevator Operator 12.94 11090 - Gardener 16.02 11122 - Housekeeping Aide 14.85 11150 - Janitor 15.70 11210 - Laborer, Grounds Maintenance 15.89 11240 - Maid or Houseman 13.34 11260 - Pruner 14.29 11270 - Tractor Operator 19.07 11330 - Trail Maintenance Worker 15.89 11360 - Window Cleaner 15.70 12000 - Health Occupations 12010 - Ambulance Driver 20.22 12011 - Breath Alcohol Technician 22.61 12012 - Certified Occupational Therapist Assistant 24.12 12015 - Certified Physical Therapist Assistant 22.28 12020 - Dental Assistant 16.75 12025 - Dental Hygienist 35.31 12030 - EKG Technician 28.65 12035 - Electroneurodiagnostic Technologist 28.65 12040 - Emergency Medical Technician 20.22 12071 - Licensed Practical Nurse I 21.76 12072 - Licensed Practical Nurse II 24.34 12073 - Licensed Practical Nurse III 24.48 12100 - Medical Assistant 16.66 12130 - Medical Laboratory Technician 20.63 12160 - Medical Record Clerk 18.65 12190 - Medical Record Technician 20.55 12195 - Medical Transcriptionist 18.65 12210 - Nuclear Medicine Technologist 36.93 12221 - Nursing Assistant I 12.37 12222 - Nursing Assistant II 13.91 12223 - Nursing Assistant III 15.82 12224 - Nursing Assistant IV 16.79 12235 - Optical Dispenser 24.64 12236 - Optical Technician 16.64 12250 - Pharmacy Technician 14.58 12280 - Phlebotomist 16.79 12305 - Radiologic Technologist 28.08 12311 - Registered Nurse I 32.76 12312 - Registered Nurse II 38.41 12313 - Registered Nurse II, Specialist 38.41 12314 - Registered Nurse III 49.39 12315 - Registered Nurse III, Anesthetist 49.39 12316 - Registered Nurse IV 59.22 12317 - Scheduler (Drug and Alcohol Testing) 26.17 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 27.03 13012 - Exhibits Specialist II 30.45 13013 - Exhibits Specialist III 34.25 13041 - Illustrator I 25.89 13042 - Illustrator II 30.45 13043 - Illustrator III 34.25 13047 - Librarian 34.02 13050 - Library Aide/Clerk 15.79 13054 - Library Information Technology Systems 25.15 Administrator 13058 - Library Technician 21.67 13061 - Media Specialist I 21.21 13062 - Media Specialist II 23.84 13063 - Media Specialist III 26.70 13071 - Photographer I 20.03 13072 - Photographer II 23.82 13073 - Photographer III 29.53 13074 - Photographer IV 33.78 13075 - Photographer V 40.89 13110 - Video Teleconference Technician 24.33 14000 - Information Technology Occupations 14041 - Computer Operator I 19.00 14042 - Computer Operator II 21.26 14043 - Computer Operator III 23.71 14044 - Computer Operator IV 26.35 14045 - Computer Operator V 29.17 14071 - Computer Programmer I (see 1) 27.56 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 19.00 14160 - Personal Computer Support Technician 26.35 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 39.54 15020 - Aircrew Training Devices Instructor (Rated) 43.75 15030 - Air Crew Training Devices Instructor (Pilot) 51.69 15050 - Computer Based Training Specialist / Instructor 39.20 15060 - Educational Technologist 32.92 15070 - Flight Instructor (Pilot) 51.69 15080 - Graphic Artist 27.68 15090 - Technical Instructor 27.17 15095 - Technical Instructor/Course Developer 31.35 15110 - Test Proctor 20.72 15120 - Tutor 20.72 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.79 16030 - Counter Attendant 9.79 16040 - Dry Cleaner 12.92 16070 - Finisher, Flatwork, Machine 9.79 16090 - Presser, Hand 9.79 16110 - Presser, Machine, Drycleaning 9.79 16130 - Presser, Machine, Shirts 9.79 16160 - Presser, Machine, Wearing Apparel, Laundry 9.79 16190 - Sewing Machine Operator 13.96 16220 - Tailor 14.99 16250 - Washer, Machine 10.84 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 18.99 19040 - Tool And Die Maker 24.02 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 16.96 21030 - Material Coordinator 23.51 21040 - Material Expediter 23.51 21050 - Material Handling Laborer 14.24 21071 - Order Filler 12.98 21080 - Production Line Worker (Food Processing) 16.96 21110 - Shipping Packer 15.09 21130 - Shipping/Receiving Clerk 15.09 21140 - Store Worker I 11.51 21150 - Stock Clerk 15.77 21210 - Tools And Parts Attendant 16.96 21410 - Warehouse Specialist 16.96 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 29.81 23021 - Aircraft Mechanic I 27.11 23022 - Aircraft Mechanic II 29.81 23023 - Aircraft Mechanic III 30.66 23040 - Aircraft Mechanic Helper 19.26 23050 - Aircraft, Painter 23.26 23060 - Aircraft Servicer 21.84 23080 - Aircraft Worker 23.20 23110 - Appliance Mechanic 20.10 23120 - Bicycle Repairer 10.66 23125 - Cable Splicer 31.81 23130 - Carpenter, Maintenance 29.55 23140 - Carpet Layer 27.98 23160 - Electrician, Maintenance 36.84 23181 - Electronics Technician Maintenance I 24.19 23182 - Electronics Technician Maintenance II 25.81 23183 - Electronics Technician Maintenance III 25.80 23260 - Fabric Worker 26.22 23290 - Fire Alarm System Mechanic 20.95 23310 - Fire Extinguisher Repairer 20.85 23311 - Fuel Distribution System Mechanic 29.94 23312 - Fuel Distribution System Operator 24.09 23370 - General Maintenance Worker 19.92 23380 - Ground Support Equipment Mechanic 27.11 23381 - Ground Support Equipment Servicer 21.84 23382 - Ground Support Equipment Worker 23.20 23391 - Gunsmith I 20.85 23392 - Gunsmith II 24.03 23393 - Gunsmith III 27.25 23410 - Heating, Ventilation And Air-Conditioning 26.97 Mechanic 23411 - Heating, Ventilation And Air Contditioning 29.04 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 26.10 23440 - Heavy Equipment Operator 32.03 23460 - Instrument Mechanic 30.86 23465 - Laboratory/Shelter Mechanic 25.64 23470 - Laborer 12.82 23510 - Locksmith 20.70 23530 - Machinery Maintenance Mechanic 23.95 23550 - Machinist, Maintenance 19.74 23580 - Maintenance Trades Helper 15.09 23591 - Metrology Technician I 30.86 23592 - Metrology Technician II 33.24 23593 - Metrology Technician III 34.64 23640 - Millwright 29.72 23710 - Office Appliance Repairer 21.80 23760 - Painter, Maintenance 22.59 23790 - Pipefitter, Maintenance 29.88 23810 - Plumber, Maintenance 27.38 23820 - Pneudraulic Systems Mechanic 27.25 23850 - Rigger 24.36 23870 - Scale Mechanic 24.03 23890 - Sheet-Metal Worker, Maintenance 29.46 23910 - Small Engine Mechanic 19.18 23931 - Telecommunications Mechanic I 29.87 23932 - Telecommunications Mechanic II 31.25 23950 - Telephone Lineman 31.86 23960 - Welder, Combination, Maintenance 22.17 23965 - Well Driller 22.28 23970 - Woodcraft Worker 29.26 23980 - Woodworker 15.58 24000 - Personal Needs Occupations 24570 - Child Care Attendant 13.05 24580 - Child Care Center Clerk 16.26 24610 - Chore Aide 10.62 24620 - Family Readiness And Support Services 14.89 Coordinator 24630 - Homemaker 19.80 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 29.03 25040 - Sewage Plant Operator 25.19 25070 - Stationary Engineer 29.03 25190 - Ventilation Equipment Tender 21.58 25210 - Water Treatment Plant Operator 25.19 27000 - Protective Service Occupations 27004 - Alarm Monitor 19.12 27007 - Baggage Inspector 17.16 27008 - Corrections Officer 30.97 27010 - Court Security Officer 30.66 27030 - Detection Dog Handler 20.36 27040 - Detention Officer 30.97 27070 - Firefighter 31.42 27101 - Guard I 17.16 27102 - Guard II 20.36 27131 - Police Officer I 32.37 27132 - Police Officer II 35.94 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 13.45 28042 - Carnival Equipment Repairer 14.22 28043 - Carnival Worker 10.96 28210 - Gate Attendant/Gate Tender 16.49 28310 - Lifeguard 13.00 28350 - Park Attendant (Aide) 18.46 28510 - Recreation Aide/Health Facility Attendant 15.76 28515 - Recreation Specialist 20.98 28630 - Sports Official 14.69 28690 - Swimming Pool Operator 16.95 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 26.00 29020 - Hatch Tender 26.00 29030 - Line Handler 26.00 29041 - Stevedore I 22.10 29042 - Stevedore II 22.81 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 40.33 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 27.82 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 30.63 30021 - Archeological Technician I 19.69 30022 - Archeological Technician II 22.02 30023 - Archeological Technician III 27.27 30030 - Cartographic Technician 27.27 30040 - Civil Engineering Technician 25.21 30061 - Drafter/CAD Operator I 19.69 30062 - Drafter/CAD Operator II 22.02 30063 - Drafter/CAD Operator III 24.55 30064 - Drafter/CAD Operator IV 27.68 30081 - Engineering Technician I 19.62 30082 - Engineering Technician II 22.47 30083 - Engineering Technician III 25.28 30084 - Engineering Technician IV 31.22 30085 - Engineering Technician V 39.40 30086 - Engineering Technician VI 43.34 30090 - Environmental Technician 20.12 30210 - Laboratory Technician 21.37 30240 - Mathematical Technician 26.27 30361 - Paralegal/Legal Assistant I 20.15 30362 - Paralegal/Legal Assistant II 22.81 30363 - Paralegal/Legal Assistant III 35.39 30364 - Paralegal/Legal Assistant IV 35.57 30390 - Photo-Optics Technician 27.27 30461 - Technical Writer I 27.81 30462 - Technical Writer II 32.99 30463 - Technical Writer III 39.10 30491 - Unexploded Ordnance (UXO) Technician I 25.63 30492 - Unexploded Ordnance (UXO) Technician II 31.02 30493 - Unexploded Ordnance (UXO) Technician III 37.18 30494 - Unexploded (UXO) Safety Escort 25.63 30495 - Unexploded (UXO) Sweep Personnel 25.63 30620 - Weather Observer, Combined Upper Air Or (see 2) 24.55 Surface Programs 30621 - Weather Observer, Senior (see 2) 27.27 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 15.14 31030 - Bus Driver 19.89 31043 - Driver Courier 16.45 31260 - Parking and Lot Attendant 10.12 31290 - Shuttle Bus Driver 17.80 31310 - Taxi Driver 13.51 31361 - Truckdriver, Light 17.80 31362 - Truckdriver, Medium 19.15 31363 - Truckdriver, Heavy 24.52 31364 - Truckdriver, Tractor-Trailer 24.52 99000 - Miscellaneous Occupations 99030 - Cashier 10.53 99050 - Desk Clerk 13.34 99095 - Embalmer 30.19 99251 - Laboratory Animal Caretaker I 12.33 99252 - Laboratory Animal Caretaker II 13.37 99310 - Mortician 34.44 99410 - Pest Controller 16.49 99510 - Photofinishing Worker 16.23 99710 - Recycling Laborer 18.13 99711 - Recycling Specialist 21.48 99730 - Refuse Collector 18.36 99810 - Sales Clerk 14.70 99820 - School Crossing Guard 13.82 99830 - Survey Party Chief 22.56 99831 - Surveying Aide 14.74 99832 - Surveying Technician 20.42 99840 - Vending Machine Attendant 14.60 99841 - Vending Machine Repairer 19.09 99842 - Vending Machine Repairer Helper 15.77
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 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) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.
400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.
Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:
(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).
** HAZARDOUS PAY DIFFERENTIAL **
An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.
** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
Standard Form 1444 (SF-1444)
Conformance Process:
The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(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 the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. 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, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).
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 ensure 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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