W9128F-09-P-0103.pdf

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

964145

(No Collect Calls)

$12.5 MIL

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

CODE

SEE ITEM 9

X

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

06-Jul-2009

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

GUTHMILLER EARTHMOVING, INCORPORATED

BRENDA GUTHMILLER

3903 58TH AVE SE

MEDINA ND 58467-9759

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

3Z7T2

TEL. 701-486-3302

W9128F

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE G6R0Q00 16. ADMINISTERED BY

READINESS BRANCH

USAED, OMAHA CENWO-OD-E 1616 CAPITOL AVEN

OMAHA NE 68102-4901

W9128F-09-P-0103 06-Jul-2009

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

REF:

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

562111

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W59XQG91878316

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

DAVID Y KAM / Added by SUMI

TEL: (402)995-2047 EMAIL: david.y.kam@usace.army.mil

See Schedule $1,803,800.00

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

.OFFER DATED 02-Jul-2009 YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W9128F-09-P-0103

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum $265,000.00 $265,000.00

LEVEE REMOVAL JAMESTOWN, ND

FFP

Removal of Sandbags

PROJECT NO.: 149659

FOB: Destination

MILSTRIP: W59XQG91878316

PURCHASE REQUEST NUMBER: W59XQG91878316

NET AMT $265,000.00

ACRN AA

CIN: W59XQG918783160001

$265,000.00

0002 1 Lump Sum $125,000.00 $125,000.00

LEVEE REMOVAL JAMESTOWN, ND

FFP

Removal of Hesco Units

PROJECT NO: 149659

FOB: Destination

NET AMT $125,000.00

CIN: W59XQG918783160002

$125,000.00

0003 1 Lump Sum $125,000.00 $125,000.00

LEVEE REMOVAL JAMESTOWN, ND

FFP

Removal of Rapid Development Flood Walls (including sand)

PROJECT NO: 149659

NET AMT $125,000.00

CIN: W59XQG918783160003

$125,000.00

0004 1 Lump Sum $1,252,800.00 $1,252,800.00

LEVEE REMOVAL JAMESTOWN, ND

FFP

Removal of Clay

PROJECT NO: 149659

NET AMT $1,252,800.00

CIN: W59XQG918783160004

$1,252,800.00

0005 1 Lump Sum $30,000.00 $30,000.00

LEVEE REMOVAL JAMESTOWN, ND

FFP

Removal of Rock

PROJECT NO: 149659

NET AMT $30,000.00

CIN: W59XQG918783160005

$30,000.00

0006 1 Lump Sum $6,000.00 $6,000.00

LEVEE REMOVAL JAMESTOWN, ND

FFP

Removal of Construction and Demolition material

PROJECT NO: 149659

NET AMT $6,000.00

CIN: W59XQG918783160006

$6,000.00

ACCOUNTING AND APPROPRIATION DATA

AA: 96X31250000 082417 32305LJ385099993 NA 96252

AMOUNT: $1,803,800.00

CIN W59XQG918783160001: $265,000.00

CIN W59XQG918783160002: $125,000.00

CIN W59XQG918783160003: $125,000.00

CIN W59XQG918783160004: $1,252,800.00

CIN W59XQG918783160005: $30,000.00

CIN W59XQG918783160006: $6,000.00

ADDITIONAL INFORMATION

CONTRACTOR IS REQUIRED TO INCLUDE THE CONTRACT NUMBER W9128F-

09-P-0103 ON ALL INVOICES SO THAT RECEIPT AND PAYMENT FOR

PRODUCTS/SERVICES MAY BE EXPEDITIOUSLY PROCESSED.

THE FOLLOWING ARE DESIGNATED AS THE CONTRACTING OFFICER

REPRESENTATIVES:

JOHN BARTEL (605) 224-5862 EXT. 3000

ERIC STASCH (605) 224-5862 EXT. 3001

MAIL ORIGINAL INVOICE TO: US ARMY CORPS OF ENGINEERS, OMAHA

OFFICE; ATTN: PHYLLIS PISTILLO (CENWO-OD-E); 1616 CAPITOL AVENUE;

OMAHA, NE 68102.

FOR ADDITIONAL TECHNICAL INFORMATION PLEASE CONTACT PHYLLIS

PISTILLO AT (402)995-2444. BRANDY EAVES MAY BE CONTACTED WITH ANY

CONTRACTUAL CONCERNS AT (402) 995-2089.

STATE AND LOCAL SALES TAX (JAN 1982)

THE US ARMY CORPS OF ENGINEERS IS EXEMPT FROM PAYING STATE AND

LOCAL TAXES PER TITLE 4, UNITED STATES CODE 104-107.

THE GOVERNMENT SHALL HAVE THE RIGHT TO CANCEL THIS ORDER BY THE

AUTHORITY OF FAR CLAUSE 52.212-4(L), TERMINATION FOR CONVENIENCE OF

THE GOVERNMENT, UPON A WRITTEN NOTIFICATION FORWARDED TO THE

CONTRACTOR.

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009 52.244-6 Subcontracts for Commercial Items MAR 2009 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ www.dtis.mil.dfars

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111- 5).

___ (5) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (7) [Reserved].

http://farsite.hill.af.mil/ http://www.dtis.mil.dfars/

_√__ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

___ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9

___ (iii) Alternate II (OCT 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT

2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting

(APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)

(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

(U.S.C. 657 f).

_√__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.

632(a)(2)).

_√__ (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

___ (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

_√__ (21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_√__ (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_√__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other

Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_√__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

_√__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_√__ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)

(E.O. 13201).

___ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (Not Applicable until September 8, 2009.)

__√_ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) .

___ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(DEC 2007) (E.O. 13423).

___ (ii) Alternate I (DEC 2007) of 52.223-16.

___ (31) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (32)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (JAN 2004) of 52.225-3.

___ (iii) Alternate II (JAN 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (JUN 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_√__ (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_√__ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_√__ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10

U.S.C. 2307(f))

___ (38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

_√__ (39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31

U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY

1999) (31 U.S.C. 3332)

___ (41) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

__√__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__√__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

__√__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and

Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__√__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29

U.S.C. 206 and 41 U.S.C. 351, et seq.)

____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O.

13201).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (Not applicable until September 8, 2009.)

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.226-5 RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA (NOV

2007)

(a) Definitions. The definitions of the following terms used in this clause are found in the Small Business Administration regulations at 13 CFR 125.6(e): cost of the contract, cost of contract performance incurred for personnel, cost of manufacturing, cost of materials, personnel, and subcontracting.

(b) The Contractor agrees that in performance of the contract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the Contractor or employees of other businesses residing or primarily doing business in the clause at FAR 52.226--4, Notice of Disaster or Emergency Area Set-Aside;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The Contractor or employees of other businesses residing or primarily doing business in the set-aside area shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials;

(3) General construction. The Contractor will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area; or

(4) Construction by special trade Contractors. The Contractor will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area.

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2009)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

___ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) ___252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

(2) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.

2416).

(3) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).

(4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note).

(5) ___ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582).

(6) ___ 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a).

(7) ___ 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).

(8) ___ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

2533a).

(9) ___ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(10) ___ 252.225-7021, Trade Agreements (NOV 2008) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(11) ___ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.

2779).

(12) ___ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.

2755).

(13)(i) ___ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (OCT 2006) of 252.225-7036.

(14) ___ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

(15) ___ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts).

(16) ___ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

(17) ___ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(18) ___ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports(MAR 2008) (10 U.S.C. 2227).

(19) ___ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(20) ___ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).0

(21)(i) ___ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ___ Alternate I (MAR 2000) of 252.247-7023.

(iii) ___ Alternate II (MAR 2000) of 252.247-7023.

(iv) ___ Alternate III (MAY 2002) of 252.247-7023.

(22) ___ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a).

(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

WAGE DETERMINATION

WD 05-2407 (Rev.-7) was first posted on www.wdol.gov on 06/02/2009

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.: 2005-2407 Shirley F. Ebbesen Division of | Revision No.: 7 Director Wage Determinations| Date Of Revision: 05/26/2009 State: North Dakota Area: North Dakota Statewide **Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 11.47 01012 - Accounting Clerk II 13.01 01013 - Accounting Clerk III 14.67 01020 - Administrative Assistant 18.37 01040 - Court Reporter 16.60 01051 - Data Entry Operator I 10.26 01052 - Data Entry Operator II 12.05 01060 - Dispatcher, Motor Vehicle 16.75 01070 - Document Preparation Clerk 11.66 01090 - Duplicating Machine Operator 11.66 01111 - General Clerk I 10.09 01112 - General Clerk II 11.45 01113 - General Clerk III 12.86 01120 - Housing Referral Assistant 16.02 01141 - Messenger Courier 9.67 01191 - Order Clerk I 11.53 01192 - Order Clerk II 12.59 01261 - Personnel Assistant (Employment) I 13.53 01262 - Personnel Assistant (Employment) II 15.08 01263 - Personnel Assistant (Employment) III 17.73 01270 - Production Control Clerk 18.15 01280 - Receptionist 10.12 01290 - Rental Clerk 8.85 01300 - Scheduler, Maintenance 12.84 01311 - Secretary I 12.84 01312 - Secretary II 14.51 01313 - Secretary III 16.02 01320 - Service Order Dispatcher 14.97 01410 - Supply Technician 18.37 01420 - Survey Worker 11.25 01531 - Travel Clerk I 10.51 01532 - Travel Clerk II 11.17 01533 - Travel Clerk III 11.75 01611 - Word Processor I 11.18 01612 - Word Processor II 12.58 01613 - Word Processor III 14.39 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 16.61

05010 - Automotive Electrician 15.99 05040 - Automotive Glass Installer 15.30 05070 - Automotive Worker 15.30 05110 - Mobile Equipment Servicer 13.97 05130 - Motor Equipment Metal Mechanic 16.61 05160 - Motor Equipment Metal Worker 15.30 05190 - Motor Vehicle Mechanic 16.61 05220 - Motor Vehicle Mechanic Helper 13.13 05250 - Motor Vehicle Upholstery Worker 14.67 05280 - Motor Vehicle Wrecker 15.30 05310 - Painter, Automotive 15.99 05340 - Radiator Repair Specialist 15.30 05370 - Tire Repairer 13.50 05400 - Transmission Repair Specialist 16.61 07000 - Food Preparation And Service Occupations 07010 - Baker 10.27 07041 - Cook I 9.82 07042 - Cook II 10.75 07070 - Dishwasher 7.11 07130 - Food Service Worker 9.01 07210 - Meat Cutter 11.33 07260 - Waiter/Waitress 7.04 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 16.51 09040 - Furniture Handler 12.30 09080 - Furniture Refinisher 16.51 09090 - Furniture Refinisher Helper 13.13 09110 - Furniture Repairer, Minor 14.67 09130 - Upholsterer 15.99 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 8.22 11060 - Elevator Operator 9.14 11090 - Gardener 10.79 11122 - Housekeeping Aide 9.17 11150 - Janitor 9.84 11210 - Laborer, Grounds Maintenance 9.81 11240 - Maid or Houseman 7.86 11260 - Pruner 10.48 11270 - Tractor Operator 10.47 11330 - Trail Maintenance Worker 10.70 11360 - Window Cleaner 10.37 12000 - Health Occupations 12010 - Ambulance Driver 13.29 12011 - Breath Alcohol Technician 15.40 12012 - Certified Occupational Therapist Assistant 15.67 12015 - Certified Physical Therapist Assistant 13.67 12020 - Dental Assistant 14.31 12025 - Dental Hygienist 25.17 12030 - EKG Technician 17.54 12035 - Electroneurodiagnostic Technologist 17.54 12040 - Emergency Medical Technician 13.29 12071 - Licensed Practical Nurse I 13.74 12072 - Licensed Practical Nurse II 15.40 12073 - Licensed Practical Nurse III 17.22 12100 - Medical Assistant 12.29 12130 - Medical Laboratory Technician 15.25 12160 - Medical Record Clerk 11.62 12190 - Medical Record Technician 13.54 12195 - Medical Transcriptionist 13.15 12210 - Nuclear Medicine Technologist 29.85 12221 - Nursing Assistant I 9.18 12222 - Nursing Assistant II 10.31 12223 - Nursing Assistant III 11.25 12224 - Nursing Assistant IV 12.62 12235 - Optical Dispenser 12.44 12236 - Optical Technician 11.74 12250 - Pharmacy Technician 13.00 12280 - Phlebotomist 12.62 12305 - Radiologic Technologist 18.85 12311 - Registered Nurse I 19.92 12312 - Registered Nurse II 24.38 12313 - Registered Nurse II, Specialist 24.38 12314 - Registered Nurse III 29.49 12315 - Registered Nurse III, Anesthetist 29.49

12316 - Registered Nurse IV 35.34 12317 - Scheduler (Drug and Alcohol Testing) 18.84 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 17.19 13012 - Exhibits Specialist II 20.55 13013 - Exhibits Specialist III 23.23 13041 - Illustrator I 17.19 13042 - Illustrator II 20.55 13043 - Illustrator III 23.23 13047 - Librarian 19.53 13050 - Library Aide/Clerk 8.66 13054 - Library Information Technology Systems 16.51 Administrator 13058 - Library Technician 12.85 13061 - Media Specialist I 12.61 13062 - Media Specialist II 14.10 13063 - Media Specialist III 15.73 13071 - Photographer I 13.50 13072 - Photographer II 15.82 13073 - Photographer III 19.60 13074 - Photographer IV 23.97 13075 - Photographer V 29.00 13110 - Video Teleconference Technician 15.87 14000 - Information Technology Occupations 14041 - Computer Operator I 12.48 14042 - Computer Operator II 14.30 14043 - Computer Operator III 15.88 14044 - Computer Operator IV 17.71 14045 - Computer Operator V 20.66 14071 - Computer Programmer I (see 1) 16.96 14072 - Computer Programmer II (see 1) 21.01 14073 - Computer Programmer III (see 1) 25.70 14074 - Computer Programmer IV (see 1) 27.62 14101 - Computer Systems Analyst I (see 1) 24.37 14102 - Computer Systems Analyst II (see 1) 27.62 14103 - Computer Systems Analyst III (see 1) 27.62 14150 - Peripheral Equipment Operator 12.29 14160 - Personal Computer Support Technician 21.97 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 23.46 15020 - Aircrew Training Devices Instructor (Rated) 29.02 15030 - Air Crew Training Devices Instructor (Pilot) 34.05 15050 - Computer Based Training Specialist / Instructor 25.60 15060 - Educational Technologist 25.46 15070 - Flight Instructor (Pilot) 30.95 15080 - Graphic Artist 16.79 15090 - Technical Instructor 15.96 15095 - Technical Instructor/Course Developer 19.52 15110 - Test Proctor 13.04 15120 - Tutor 13.04 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 8.12 16030 - Counter Attendant 8.12 16040 - Dry Cleaner 9.49 16070 - Finisher, Flatwork, Machine 8.12 16090 - Presser, Hand 8.12 16110 - Presser, Machine, Drycleaning 8.12 16130 - Presser, Machine, Shirts 8.12 16160 - Presser, Machine, Wearing Apparel, Laundry 8.12 16190 - Sewing Machine Operator 9.95 16220 - Tailor 10.41 16250 - Washer, Machine 8.50 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 17.90 19040 - Tool And Die Maker 21.01 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 14.82 21030 - Material Coordinator 18.15 21040 - Material Expediter 18.15 21050 - Material Handling Laborer 10.52 21071 - Order Filler 10.10 21080 - Production Line Worker (Food Processing) 14.82 21110 - Shipping Packer 12.11 21130 - Shipping/Receiving Clerk 12.11

21140 - Store Worker I 10.14 21150 - Stock Clerk 13.72 21210 - Tools And Parts Attendant 14.82 21410 - Warehouse Specialist 14.82 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 21.06 23021 - Aircraft Mechanic I 20.06 23022 - Aircraft Mechanic II 21.06 23023 - Aircraft Mechanic III 22.12 23040 - Aircraft Mechanic Helper 15.86 23050 - Aircraft, Painter 18.78 23060 - Aircraft Servicer 17.72 23080 - Aircraft Worker 18.47 23110 - Appliance Mechanic 16.96 23120 - Bicycle Repairer 13.50 23125 - Cable Splicer 25.77 23130 - Carpenter, Maintenance 15.99 23140 - Carpet Layer 15.30 23160 - Electrician, Maintenance 20.46 23181 - Electronics Technician Maintenance I 19.04 23182 - Electronics Technician Maintenance II 23.14 23183 - Electronics Technician Maintenance III 23.90 23260 - Fabric Worker 16.12 23290 - Fire Alarm System Mechanic 19.76 23310 - Fire Extinguisher Repairer 14.87 23311 - Fuel Distribution System Mechanic 24.95 23312 - Fuel Distribution System Operator 20.99 23370 - General Maintenance Worker 16.26 23380 - Ground Support Equipment Mechanic 20.06 23381 - Ground Support Equipment Servicer 17.72 23382 - Ground Support Equipment Worker 18.47 23391 - Gunsmith I 14.87 23392 - Gunsmith II 17.38 23393 - Gunsmith III 19.76 23410 - Heating, Ventilation And Air-Conditioning 18.07 Mechanic 23411 - Heating, Ventilation And Air Contditioning 18.86 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 20.26 23440 - Heavy Equipment Operator 18.69 23460 - Instrument Mechanic 20.09 23465 - Laboratory/Shelter Mechanic 18.65 23470 - Laborer 10.52 23510 - Locksmith 17.22 23530 - Machinery Maintenance Mechanic 20.38 23550 - Machinist, Maintenance 19.15 23580 - Maintenance Trades Helper 13.13 23591 - Metrology Technician I 20.09 23592 - Metrology Technician II 21.43 23593 - Metrology Technician III 22.26 23640 - Millwright 22.90 23710 - Office Appliance Repairer 17.22 23760 - Painter, Maintenance 15.99 23790 - Pipefitter, Maintenance 20.59 23810 - Plumber, Maintenance 19.82 23820 - Pneudraulic Systems Mechanic 19.76 23850 - Rigger 19.76 23870 - Scale Mechanic 17.38 23890 - Sheet-Metal Worker, Maintenance 17.01 23910 - Small Engine Mechanic 15.30 23931 - Telecommunications Mechanic I 22.38 23932 - Telecommunications Mechanic II 23.35 23950 - Telephone Lineman 18.74 23960 - Welder, Combination, Maintenance 18.14 23965 - Well Driller 18.16 23970 - Woodcraft Worker 19.76 23980 - Woodworker 13.97 24000 - Personal Needs Occupations 24570 - Child Care Attendant 9.24 24580 - Child Care Center Clerk 11.64 24610 - Chore Aide 8.90 24620 - Family Readiness And Support Services 11.18 Coordinator 24630 - Homemaker 17.31

25000 - Plant And System Operations Occupations 25010 - Boiler Tender 18.00 25040 - Sewage Plant Operator 17.43 25070 - Stationary Engineer 18.00 25190 - Ventilation Equipment Tender 13.13 25210 - Water Treatment Plant Operator 17.43 27000 - Protective Service Occupations 27004 - Alarm Monitor 14.20 27007 - Baggage Inspector 11.07 27008 - Corrections Officer 17.50 27010 - Court Security Officer 17.54 27030 - Detection Dog Handler 13.11 27040 - Detention Officer 17.50 27070 - Firefighter 19.46 27101 - Guard I 11.07 27102 - Guard II 13.11 27131 - Police Officer I 19.61 27132 - Police Officer II 21.79 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 10.22 28042 - Carnival Equipment Repairer 10.98 28043 - Carnival Equpment Worker 8.60 28210 - Gate Attendant/Gate Tender 12.73 28310 - Lifeguard 11.01 28350 - Park Attendant (Aide) 14.24 28510 - Recreation Aide/Health Facility Attendant 10.09 28515 - Recreation Specialist 14.18 28630 - Sports Official 11.34 28690 - Swimming Pool Operator 15.59 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 19.38 29020 - Hatch Tender 19.38 29030 - Line Handler 19.38 29041 - Stevedore I 19.31 29042 - Stevedore II 21.76 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 33.96 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 23.41 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 25.78 30021 - Archeological Technician I 15.27 30022 - Archeological Technician II 17.07 30023 - Archeological Technician III 21.34 30030 - Cartographic Technician 23.25 30040 - Civil Engineering Technician 18.91 30061 - Drafter/CAD Operator I 15.40 30062 - Drafter/CAD Operator II 17.95 30063 - Drafter/CAD Operator III 19.21 30064 - Drafter/CAD Operator IV 23.64 30081 - Engineering Technician I 15.56 30082 - Engineering Technician II 18.04 30083 - Engineering Technician III 21.71 30084 - Engineering Technician IV 26.89 30085 - Engineering Technician V 32.90 30086 - Engineering Technician VI 39.41 30090 - Environmental Technician 23.25 30210 - Laboratory Technician 17.42 30240 - Mathematical Technician 23.63 30361 - Paralegal/Legal Assistant I 15.46 30362 - Paralegal/Legal Assistant II 19.15 30363 - Paralegal/Legal Assistant III 24.53 30364 - Paralegal/Legal Assistant IV 28.34 30390 - Photo-Optics Technician 23.25 30461 - Technical Writer I 17.94 30462 - Technical Writer II 21.95 30463 - Technical Writer III 26.55 30491 - Unexploded Ordnance (UXO) Technician I 21.58 30492 - Unexploded Ordnance (UXO) Technician II 26.11 30493 - Unexploded Ordnance (UXO) Technician III 31.30 30494 - Unexploded (UXO) Safety Escort 21.58 30495 - Unexploded (UXO) Sweep Personnel 21.58 30620 - Weather Observer, Combined Upper Air Or (see 2) 19.21 Surface Programs 30621 - Weather Observer, Senior (see 2) 21.34 31000 - Transportation/Mobile Equipment Operation Occupations

31020 - Bus Aide 8.31 31030 - Bus Driver 12.01 31043 - Driver Courier 12.62 31260 - Parking and Lot Attendant 9.02 31290 - Shuttle Bus Driver 12.62 31310 - Taxi Driver 10.72 31361 - Truckdriver, Light 12.62 31362 - Truckdriver, Medium 13.32 31363 - Truckdriver, Heavy 16.46 31364 - Truckdriver, Tractor-Trailer 16.46 99000 - Miscellaneous Occupations 99030 - Cashier 7.62 99050 - Desk Clerk 8.46 99095 - Embalmer 20.58 99251 - Laboratory Animal Caretaker I 9.83 99252 - Laboratory Animal Caretaker II 10.74 99310 - Mortician 29.66 99410 - Pest Controller 16.28 99510 - Photofinishing Worker 11.36 99710 - Recycling Laborer 13.15 99711 - Recycling Specialist 16.45 99730 - Refuse Collector 11.96 99810 - Sales Clerk 10.61 99820 - School Crossing Guard 10.99 99830 - Survey Party Chief 21.05 99831 - Surveying Aide 14.14 99832 - Surveying Technician 18.49 99840 - Vending Machine Attendant 11.51 99841 - Vending Machine Repairer 13.53 99842 - Vending Machine Repairer Helper 11.51

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.35 per hour or $134.00 per week or $580.66 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 10 years, and 4 after 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 4174)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

1) 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 ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives.

Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used.

All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made 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 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…