Wage_Determination.pdf
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- Berkeley Janitorial Federal contract opportunity
- Solicitation number
- W91238-16-Q-0015
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Wage Determination
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| Solicitation_W91238-16-Q-0015.pdf |
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WD 05-2051 (Rev.-17) was first posted on www.wdol.gov on 01/05/2016
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.: 2005-2051 Daniel W. Simms Division of | Revision No.: 17 Director Wage Determinations| Date Of Revision: 12/29/2015 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the 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 $10.15 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 2016. 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: California
Area: California Counties of Alameda, Contra Costa **Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 17.92 01012 - Accounting Clerk II 20.12 01013 - Accounting Clerk III 22.50 01020 - Administrative Assistant 30.87 01040 - Court Reporter 28.31 01051 - Data Entry Operator I 15.38 01052 - Data Entry Operator II 16.78 01060 - Dispatcher, Motor Vehicle 29.13 01070 - Document Preparation Clerk 15.37 01090 - Duplicating Machine Operator 15.37 01111 - General Clerk I 15.87 01112 - General Clerk II 17.31 01113 - General Clerk III 19.97 01120 - Housing Referral Assistant 28.83 01141 - Messenger Courier 14.03 01191 - Order Clerk I 16.98 01192 - Order Clerk II 18.53 01261 - Personnel Assistant (Employment) I 19.80 01262 - Personnel Assistant (Employment) II 22.18 01263 - Personnel Assistant (Employment) III 24.69 01270 - Production Control Clerk 28.05 01280 - Receptionist 17.21 01290 - Rental Clerk 18.47 01300 - Scheduler, Maintenance 23.12 01311 - Secretary I 23.12 01312 - Secretary II 25.86 01313 - Secretary III 28.83 01320 - Service Order Dispatcher 24.26 01410 - Supply Technician 30.87 01420 - Survey Worker 24.06 01531 - Travel Clerk I 15.41 http://www.wdol.gov/wdol/scafiles/std/05-2051.txt?v=17
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01532 - Travel Clerk II 17.34 01533 - Travel Clerk III 19.53 01611 - Word Processor I 20.77 01612 - Word Processor II 23.32 01613 - Word Processor III 26.09 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 24.75 05010 - Automotive Electrician 24.95 05040 - Automotive Glass Installer 21.76 05070 - Automotive Worker 24.96 05110 - Mobile Equipment Servicer 21.71 05130 - Motor Equipment Metal Mechanic 26.06 05160 - Motor Equipment Metal Worker 23.84 05190 - Motor Vehicle Mechanic 26.07 05220 - Motor Vehicle Mechanic Helper 20.54 05250 - Motor Vehicle Upholstery Worker 22.78 05280 - Motor Vehicle Wrecker 23.84 05310 - Painter, Automotive 24.96 05340 - Radiator Repair Specialist 23.84 05370 - Tire Repairer 17.31 05400 - Transmission Repair Specialist 26.07 07000 - Food Preparation And Service Occupations 07010 - Baker 15.83 07041 - Cook I 16.43 07042 - Cook II 18.65 07070 - Dishwasher 11.28 07130 - Food Service Worker 11.00 07210 - Meat Cutter 16.59 07260 - Waiter/Waitress 11.39 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 21.13 09040 - Furniture Handler 15.26 09080 - Furniture Refinisher 21.13 09090 - Furniture Refinisher Helper 17.41 09110 - Furniture Repairer, Minor 19.28 09130 - Upholsterer 21.15 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 12.97 11060 - Elevator Operator 14.10 11090 - Gardener 23.78 11122 - Housekeeping Aide 14.89 11150 - Janitor 14.89 11210 - Laborer, Grounds Maintenance 18.29 11240 - Maid or Houseman 12.80 11260 - Pruner 17.19 11270 - Tractor Operator 21.58 11330 - Trail Maintenance Worker 18.29 11360 - Window Cleaner 15.68 12000 - Health Occupations 12010 - Ambulance Driver 23.48 12011 - Breath Alcohol Technician 23.48 12012 - Certified Occupational Therapist Assistant 25.93 12015 - Certified Physical Therapist Assistant 27.94 12020 - Dental Assistant 21.98 12025 - Dental Hygienist 46.56 12030 - EKG Technician 27.59 12035 - Electroneurodiagnostic Technologist 27.59 12040 - Emergency Medical Technician 23.48 12071 - Licensed Practical Nurse I 24.53 12072 - Licensed Practical Nurse II 27.47 12073 - Licensed Practical Nurse III 30.62 12100 - Medical Assistant 20.98
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12130 - Medical Laboratory Technician 23.05 12160 - Medical Record Clerk 21.00 12190 - Medical Record Technician 23.48 12195 - Medical Transcriptionist 20.55 12210 - Nuclear Medicine Technologist 45.90 12221 - Nursing Assistant I 13.66 12222 - Nursing Assistant II 15.35 12223 - Nursing Assistant III 16.75 12224 - Nursing Assistant IV 18.81 12235 - Optical Dispenser 21.80 12236 - Optical Technician 18.22 12250 - Pharmacy Technician 21.69 12280 - Phlebotomist 18.81 12305 - Radiologic Technologist 35.21 12311 - Registered Nurse I 43.85 12312 - Registered Nurse II 53.66 12313 - Registered Nurse II, Specialist 53.66 12314 - Registered Nurse III 64.90 12315 - Registered Nurse III, Anesthetist 64.90 12316 - Registered Nurse IV 77.80 12317 - Scheduler (Drug and Alcohol Testing) 34.02 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 25.45 13012 - Exhibits Specialist II 31.05 13013 - Exhibits Specialist III 37.98 13041 - Illustrator I 24.07 13042 - Illustrator II 29.81 13043 - Illustrator III 36.48 13047 - Librarian 35.64 13050 - Library Aide/Clerk 20.80 13054 - Library Information Technology Systems 31.06 Administrator 13058 - Library Technician 26.04 13061 - Media Specialist I 22.42 13062 - Media Specialist II 25.08 13063 - Media Specialist III 27.96 13071 - Photographer I 20.39 13072 - Photographer II 22.81 13073 - Photographer III 28.23 13074 - Photographer IV 34.56 13075 - Photographer V 39.08 13110 - Video Teleconference Technician 23.30 14000 - Information Technology Occupations 14041 - Computer Operator I 19.80 14042 - Computer Operator II 22.18 14043 - Computer Operator III 24.69 14044 - Computer Operator IV 27.43 14045 - Computer Operator V 30.39 14071 - Computer Programmer I (see 1) 27.62 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 19.80 14160 - Personal Computer Support Technician 27.43 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 36.80 15020 - Aircrew Training Devices Instructor (Rated) 44.51 15030 - Air Crew Training Devices Instructor (Pilot) 53.36 15050 - Computer Based Training Specialist / Instructor 36.97
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15060 - Educational Technologist 32.38 15070 - Flight Instructor (Pilot) 53.36 15080 - Graphic Artist 31.77 15090 - Technical Instructor 28.46 15095 - Technical Instructor/Course Developer 34.82 15110 - Test Proctor 22.97 15120 - Tutor 22.97 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 10.71 16030 - Counter Attendant 10.71 16040 - Dry Cleaner 14.57 16070 - Finisher, Flatwork, Machine 10.71 16090 - Presser, Hand 10.71 16110 - Presser, Machine, Drycleaning 10.71 16130 - Presser, Machine, Shirts 10.71 16160 - Presser, Machine, Wearing Apparel, Laundry 10.71 16190 - Sewing Machine Operator 15.86 16220 - Tailor 17.13 16250 - Washer, Machine 12.01 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 21.02 19040 - Tool And Die Maker 26.94 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 19.56 21030 - Material Coordinator 26.53 21040 - Material Expediter 26.53 21050 - Material Handling Laborer 16.69 21071 - Order Filler 15.60 21080 - Production Line Worker (Food Processing) 19.56 21110 - Shipping Packer 17.51 21130 - Shipping/Receiving Clerk 17.51 21140 - Store Worker I 14.54 21150 - Stock Clerk 20.01 21210 - Tools And Parts Attendant 19.56 21410 - Warehouse Specialist 19.56 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 30.51 23021 - Aircraft Mechanic I 29.02 23022 - Aircraft Mechanic II 30.51 23023 - Aircraft Mechanic III 31.80 23040 - Aircraft Mechanic Helper 22.12 23050 - Aircraft, Painter 27.52 23060 - Aircraft Servicer 25.34 23080 - Aircraft Worker 26.87 23110 - Appliance Mechanic 24.30 23120 - Bicycle Repairer 16.15 23125 - Cable Splicer 30.82 23130 - Carpenter, Maintenance 26.08 23140 - Carpet Layer 25.09 23160 - Electrician, Maintenance 37.22 23181 - Electronics Technician Maintenance I 30.54 23182 - Electronics Technician Maintenance II 32.27 23183 - Electronics Technician Maintenance III 34.02 23260 - Fabric Worker 24.18 23290 - Fire Alarm System Mechanic 24.69 23310 - Fire Extinguisher Repairer 23.32 23311 - Fuel Distribution System Mechanic 29.93 23312 - Fuel Distribution System Operator 23.97 23370 - General Maintenance Worker 22.50 23380 - Ground Support Equipment Mechanic 29.02 23381 - Ground Support Equipment Servicer 25.34 23382 - Ground Support Equipment Worker 26.87
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23391 - Gunsmith I 23.32 23392 - Gunsmith II 26.46 23393 - Gunsmith III 29.48 23410 - Heating, Ventilation And Air-Conditioning 28.32 Mechanic 23411 - Heating, Ventilation And Air Contditioning 29.77 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 30.65 23440 - Heavy Equipment Operator 33.19 23460 - Instrument Mechanic 32.04 23465 - Laboratory/Shelter Mechanic 27.92 23470 - Laborer 16.00 23510 - Locksmith 23.20 23530 - Machinery Maintenance Mechanic 28.28 23550 - Machinist, Maintenance 27.28 23580 - Maintenance Trades Helper 17.19 23591 - Metrology Technician I 32.04 23592 - Metrology Technician II 33.68 23593 - Metrology Technician III 35.11 23640 - Millwright 32.53 23710 - Office Appliance Repairer 23.42 23760 - Painter, Maintenance 23.13 23790 - Pipefitter, Maintenance 31.65 23810 - Plumber, Maintenance 30.33 23820 - Pneudraulic Systems Mechanic 29.48 23850 - Rigger 29.56 23870 - Scale Mechanic 26.46 23890 - Sheet-Metal Worker, Maintenance 31.09 23910 - Small Engine Mechanic 20.20 23931 - Telecommunications Mechanic I 28.12 23932 - Telecommunications Mechanic II 29.56 23950 - Telephone Lineman 26.42 23960 - Welder, Combination, Maintenance 24.28 23965 - Well Driller 29.48 23970 - Woodcraft Worker 29.48 23980 - Woodworker 22.25 24000 - Personal Needs Occupations 24570 - Child Care Attendant 13.57 24580 - Child Care Center Clerk 16.04 24610 - Chore Aide 11.44 24620 - Family Readiness And Support Services 19.02 Coordinator 24630 - Homemaker 16.68 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 38.18 25040 - Sewage Plant Operator 32.79 25070 - Stationary Engineer 38.18 25190 - Ventilation Equipment Tender 27.90 25210 - Water Treatment Plant Operator 32.79 27000 - Protective Service Occupations 27004 - Alarm Monitor 29.88 27007 - Baggage Inspector 14.34 27008 - Corrections Officer 38.39 27010 - Court Security Officer 39.43 27030 - Detection Dog Handler 30.14 27040 - Detention Officer 38.39 27070 - Firefighter 36.20 27101 - Guard I 14.34 27102 - Guard II 30.14 27131 - Police Officer I 42.92 27132 - Police Officer II 47.21 28000 - Recreation Occupations
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28041 - Carnival Equipment Operator 13.91 28042 - Carnival Equipment Repairer 16.16 28043 - Carnival Equpment Worker 10.77 28210 - Gate Attendant/Gate Tender 18.04 28310 - Lifeguard 13.82 28350 - Park Attendant (Aide) 20.19 28510 - Recreation Aide/Health Facility Attendant 15.30 28515 - Recreation Specialist 17.44 28630 - Sports Official 15.85 28690 - Swimming Pool Operator 21.68 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 29.10 29020 - Hatch Tender 29.10 29030 - Line Handler 29.10 29041 - Stevedore I 27.42 29042 - Stevedore II 30.75 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 42.35 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 29.02 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 32.16 30021 - Archeological Technician I 23.47 30022 - Archeological Technician II 27.47 30023 - Archeological Technician III 34.44 30030 - Cartographic Technician 34.44 30040 - Civil Engineering Technician 31.67 30061 - Drafter/CAD Operator I 24.86 30062 - Drafter/CAD Operator II 27.80 30063 - Drafter/CAD Operator III 30.99 30064 - Drafter/CAD Operator IV 38.15 30081 - Engineering Technician I 18.90 30082 - Engineering Technician II 21.22 30083 - Engineering Technician III 23.73 30084 - Engineering Technician IV 29.40 30085 - Engineering Technician V 35.98 30086 - Engineering Technician VI 43.51 30090 - Environmental Technician 27.51 30210 - Laboratory Technician 23.42 30240 - Mathematical Technician 35.89 30361 - Paralegal/Legal Assistant I 23.52 30362 - Paralegal/Legal Assistant II 29.13 30363 - Paralegal/Legal Assistant III 35.65 30364 - Paralegal/Legal Assistant IV 43.11 30390 - Photo-Optics Technician 35.89 30461 - Technical Writer I 25.89 30462 - Technical Writer II 32.03 30463 - Technical Writer III 38.31 30491 - Unexploded Ordnance (UXO) Technician I 26.92 30492 - Unexploded Ordnance (UXO) Technician II 32.56 30493 - Unexploded Ordnance (UXO) Technician III 39.03 30494 - Unexploded (UXO) Safety Escort 26.92 30495 - Unexploded (UXO) Sweep Personnel 26.92 30620 - Weather Observer, Combined Upper Air Or (see 2) 27.82 Surface Programs 30621 - Weather Observer, Senior (see 2) 30.90 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 14.41 31030 - Bus Driver 20.03 31043 - Driver Courier 17.77 31260 - Parking and Lot Attendant 12.24 31290 - Shuttle Bus Driver 19.22 31310 - Taxi Driver 13.64 31361 - Truckdriver, Light 19.22
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31362 - Truckdriver, Medium 20.55 31363 - Truckdriver, Heavy 21.78 31364 - Truckdriver, Tractor-Trailer 21.78 99000 - Miscellaneous Occupations 99030 - Cashier 12.06 99050 - Desk Clerk 13.00 99095 - Embalmer 25.13 99251 - Laboratory Animal Caretaker I 14.45 99252 - Laboratory Animal Caretaker II 15.64 99310 - Mortician 29.47 99410 - Pest Controller 18.10 99510 - Photofinishing Worker 17.25 99710 - Recycling Laborer 24.32 99711 - Recycling Specialist 27.68 99730 - Refuse Collector 21.87 99810 - Sales Clerk 15.51 99820 - School Crossing Guard 12.89 99830 - Survey Party Chief 31.52 99831 - Surveying Aide 18.98 99832 - Surveying Technician 27.74 99840 - Vending Machine Attendant 16.67 99841 - Vending Machine Repairer 19.22 99842 - Vending Machine Repairer Helper 16.67
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, 4 weeks after 15 years, and 5 weeks after 25 years.
Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of 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
7 of 10 1/21/2016 2:13 PM 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 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
8 of 10 1/21/2016 2:13 PM 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.
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 WHD home page at http://www.dol.
gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) 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 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
9 of 10 1/21/2016 2:13 PM 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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