10-T-0070 Amendment No. 0001.doc

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 30 April 2010, 4:30 PM to 10 May 2010, 4:30 PM.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

WD 05-2215 (Rev.-10) was first posted on www.wdol.gov on 01/12/2010

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

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

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

| WASHINGTON D.C. 20210

| Wage Determination No.: 2005-2215

Shirley F. Ebbesen Division of | Revision No.: 10

Director Wage Determinations| Date Of Revision: 01/07/2010

State: Kansas

Area: Kansas Counties of Allen, Barber, Barton, Bourbon, Butler, Chase, Chautauqua, Cherokee, Cheyenne, Clark, Comanche, Cowley, Crawford, Decatur, Edwards, Elk, Ellis, Ellsworth, Finney, Ford, Gove, Graham, Grant, Gray, Greeley, Greenwood, Hamilton, Harper, Harvey, Haskell, Hodgeman, Jewell, Kearny, Kingman, Kiowa, Labette, Lane, Lincoln, Logan, Marion, McPherson, Meade, Mitchell, Montgomery, Morton, Neosho, Ness, Norton, Osborne, Pawnee, Phillips, Pratt, Rawlins, Reno, Rice, Rooks, Rush, Russell, Scott, Sedgwick, Seward, Sheridan, Sherman, Smith, Stafford, Stanton, Stevens, Sumner, Thomas, Trego, Wallace, Wichita, Wilson, Woodson

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations

01011 - Accounting Clerk I 12.56

01012 - Accounting Clerk II 15.89

01013 - Accounting Clerk III 17.75

01020 - Administrative Assistant 19.09

01040 - Court Reporter 22.72

01051 - Data Entry Operator I 13.20

01052 - Data Entry Operator II 14.40

01060 - Dispatcher, Motor Vehicle 16.11

01070 - Document Preparation Clerk 14.46

01090 - Duplicating Machine Operator 14.47

01111 - General Clerk I 11.59

01112 - General Clerk II 12.65

01113 - General Clerk III 14.20

01120 - Housing Referral Assistant 16.15

01141 - Messenger Courier 12.07

01191 - Order Clerk I 11.97

01192 - Order Clerk II 12.95

01261 - Personnel Assistant (Employment) I 14.14

01262 - Personnel Assistant (Employment) II 15.81

01263 - Personnel Assistant (Employment) III 17.85

01270 - Production Control Clerk 19.17

01280 - Receptionist 10.63

01290 - Rental Clerk 12.63

01300 - Scheduler, Maintenance 12.13

01311 - Secretary I 12.13

01312 - Secretary II 13.91

01313 - Secretary III 16.15

01320 - Service Order Dispatcher 13.94

01410 - Supply Technician 19.09

01420 - Survey Worker 13.37

01531 - Travel Clerk I 12.32

01532 - Travel Clerk II 12.98

01533 - Travel Clerk III 13.98

01611 - Word Processor I 11.87

01612 - Word Processor II 13.24

01613 - Word Processor III 14.74

05000 - Automotive Service Occupations

05005 - Automobile Body Repairer, Fiberglass 19.95

05010 - Automotive Electrician 18.96

05040 - Automotive Glass Installer 18.15

05070 - Automotive Worker 18.15

05110 - Mobile Equipment Servicer 16.17

05130 - Motor Equipment Metal Mechanic 19.95

05160 - Motor Equipment Metal Worker 18.15

05190 - Motor Vehicle Mechanic 20.17

05220 - Motor Vehicle Mechanic Helper 15.16

05250 - Motor Vehicle Upholstery Worker 17.16

05280 - Motor Vehicle Wrecker 18.15

05310 - Painter, Automotive 18.96

05340 - Radiator Repair Specialist 18.15

05370 - Tire Repairer 15.62

05400 - Transmission Repair Specialist 19.95

07000 - Food Preparation And Service Occupations

07010 - Baker 10.74

07041 - Cook I 10.46

07042 - Cook II 11.75

07070 - Dishwasher 7.66

07130 - Food Service Worker 8.12

07210 - Meat Cutter 12.85

07260 - Waiter/Waitress 7.91

09000 - Furniture Maintenance And Repair Occupations

09010 - Electrostatic Spray Painter 18.96

09040 - Furniture Handler 13.37

09080 - Furniture Refinisher 18.96

09090 - Furniture Refinisher Helper 15.16

09110 - Furniture Repairer, Minor 17.16

09130 - Upholsterer 18.96

11000 - General Services And Support Occupations

11030 - Cleaner, Vehicles 9.37

11060 - Elevator Operator 9.85

11090 - Gardener 11.06

11122 - Housekeeping Aide 9.76

11150 - Janitor 9.76

11210 - Laborer, Grounds Maintenance 9.95

11240 - Maid or Houseman 8.37

11260 - Pruner 9.05

11270 - Tractor Operator 10.35

11330 - Trail Maintenance Worker 9.95

11360 - Window Cleaner 10.55

12000 - Health Occupations

12010 - Ambulance Driver 16.19

12011 - Breath Alcohol Technician 14.74

12012 - Certified Occupational Therapist Assistant 21.08

12015 - Certified Physical Therapist Assistant 20.99

12020 - Dental Assistant 14.53

12025 - Dental Hygienist 29.85

12030 - EKG Technician 21.59

12035 - Electroneurodiagnostic Technologist 21.59

12040 - Emergency Medical Technician 16.19

12071 - Licensed Practical Nurse I 13.64

12072 - Licensed Practical Nurse II 15.26

12073 - Licensed Practical Nurse III 17.02

12100 - Medical Assistant 11.82

12130 - Medical Laboratory Technician 13.97

12160 - Medical Record Clerk 11.83

12190 - Medical Record Technician 14.89

12195 - Medical Transcriptionist 14.09

12210 - Nuclear Medicine Technologist 32.84

12221 - Nursing Assistant I 9.40

12222 - Nursing Assistant II 10.57

12223 - Nursing Assistant III 11.53

12224 - Nursing Assistant IV 12.95

12235 - Optical Dispenser 13.58

12236 - Optical Technician 12.60

12250 - Pharmacy Technician 13.41

12280 - Phlebotomist 12.95

12305 - Radiologic Technologist 20.17

12311 - Registered Nurse I 19.65

12312 - Registered Nurse II 24.06

12313 - Registered Nurse II, Specialist 24.06

12314 - Registered Nurse III 29.11

12315 - Registered Nurse III, Anesthetist 29.11

12316 - Registered Nurse IV 34.86

12317 - Scheduler (Drug and Alcohol Testing) 18.26

13000 - Information And Arts Occupations

13011 - Exhibits Specialist I 15.85

13012 - Exhibits Specialist II 19.63

13013 - Exhibits Specialist III 24.02

13041 - Illustrator I 15.85

13042 - Illustrator II 19.63

13043 - Illustrator III 24.02

13047 - Librarian 21.74

13050 - Library Aide/Clerk 12.63

13054 - Library Information Technology Systems 19.64

Administrator

13058 - Library Technician 14.40

13061 - Media Specialist I 16.19

13062 - Media Specialist II 17.44

13063 - Media Specialist III 19.45

13071 - Photographer I 13.54

13072 - Photographer II 16.29

13073 - Photographer III 20.16

13074 - Photographer IV 24.59

13075 - Photographer V 29.83

13110 - Video Teleconference Technician 14.17

14000 - Information Technology Occupations

14041 - Computer Operator I 17.92

14042 - Computer Operator II 18.26

14043 - Computer Operator III 21.46

14044 - Computer Operator IV 23.01

14045 - Computer Operator V 25.46

14071 - Computer Programmer I (see 1) 20.68

14072 - Computer Programmer II (see 1) 25.78

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 17.92

14160 - Personal Computer Support Technician 24.04

15000 - Instructional Occupations

15010 - Aircrew Training Devices Instructor (Non-Rated) 26.21

15020 - Aircrew Training Devices Instructor (Rated) 31.71

15030 - Air Crew Training Devices Instructor (Pilot) 36.41

15050 - Computer Based Training Specialist / Instructor 27.62

15060 - Educational Technologist 25.06

15070 - Flight Instructor (Pilot) 36.41

15080 - Graphic Artist 19.77

15090 - Technical Instructor 17.04

15095 - Technical Instructor/Course Developer 21.28

15110 - Test Proctor 13.60

15120 - Tutor 13.60

16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations

16010 - Assembler 8.69

16030 - Counter Attendant 8.69

16040 - Dry Cleaner 11.02

16070 - Finisher, Flatwork, Machine 8.69

16090 - Presser, Hand 8.69

16110 - Presser, Machine, Drycleaning 8.69

16130 - Presser, Machine, Shirts 8.69

16160 - Presser, Machine, Wearing Apparel, Laundry 8.69

16190 - Sewing Machine Operator 11.75

16220 - Tailor 12.48

16250 - Washer, Machine 9.44

19000 - Machine Tool Operation And Repair Occupations

19010 - Machine-Tool Operator (Tool Room) 20.86

19040 - Tool And Die Maker 27.23

21000 - Materials Handling And Packing Occupations

21020 - Forklift Operator 15.00

21030 - Material Coordinator 21.09

21040 - Material Expediter 21.09

21050 - Material Handling Laborer 10.19

21071 - Order Filler 12.00

21080 - Production Line Worker (Food Processing) 15.00

21110 - Shipping Packer 16.54

21130 - Shipping/Receiving Clerk 16.54

21140 - Store Worker I 14.51

21150 - Stock Clerk 18.59

21210 - Tools And Parts Attendant 15.00

21410 - Warehouse Specialist 15.00

23000 - Mechanics And Maintenance And Repair Occupations

23010 - Aerospace Structural Welder 23.56

23021 - Aircraft Mechanic I 22.44

23022 - Aircraft Mechanic II 23.56

23023 - Aircraft Mechanic III 24.74

23040 - Aircraft Mechanic Helper 16.79

23050 - Aircraft, Painter 20.86

23060 - Aircraft Servicer 19.00

23080 - Aircraft Worker 20.10

23110 - Appliance Mechanic 18.96

23120 - Bicycle Repairer 15.62

23125 - Cable Splicer 24.10

23130 - Carpenter, Maintenance 18.96

23140 - Carpet Layer 18.15

23160 - Electrician, Maintenance 21.21

23181 - Electronics Technician Maintenance I 22.42

23182 - Electronics Technician Maintenance II 24.57

23183 - Electronics Technician Maintenance III 30.71

23260 - Fabric Worker 17.16

23290 - Fire Alarm System Mechanic 19.95

23310 - Fire Extinguisher Repairer 16.17

23311 - Fuel Distribution System Mechanic 21.21

23312 - Fuel Distribution System Operator 17.45

23370 - General Maintenance Worker 18.15

23380 - Ground Support Equipment Mechanic 22.44

23381 - Ground Support Equipment Servicer 19.00

23382 - Ground Support Equipment Worker 20.10

23391 - Gunsmith I 16.04

23392 - Gunsmith II 17.93

23393 - Gunsmith III 19.75

23410 - Heating, Ventilation And Air-Conditioning 20.26

Mechanic

23411 - Heating, Ventilation And Air Conditioning 21.20

Mechanic (Research Facility)

23430 - Heavy Equipment Mechanic 20.66

23440 - Heavy Equipment Operator 19.95

23460 - Instrument Mechanic 19.96

23465 - Laboratory/Shelter Mechanic 18.83

23470 - Laborer 10.19

23510 - Locksmith 20.86

23530 - Machinery Maintenance Mechanic 21.70

23550 - Machinist, Maintenance 19.95

23580 - Maintenance Trades Helper 15.16

23591 - Metrology Technician I 19.96

23592 - Metrology Technician II 20.95

23593 - Metrology Technician III 21.82

23640 - Millwright 20.56

23710 - Office Appliance Repairer 19.00

23760 - Painter, Maintenance 18.96

23790 - Pipefitter, Maintenance 22.07

23810 - Plumber, Maintenance 20.97

23820 - Pneudraulic Systems Mechanic 19.95

23850 - Rigger 19.95

23870 - Scale Mechanic 18.15

23890 - Sheet-Metal Worker, Maintenance 21.95

23910 - Small Engine Mechanic 18.15

23931 - Telecommunications Mechanic I 22.82

23932 - Telecommunications Mechanic II 23.86

23950 - Telephone Lineman 23.77

23960 - Welder, Combination, Maintenance 19.95

23965 - Well Driller 19.95

23970 - Woodcraft Worker 19.95

23980 - Woodworker 16.17

24000 - Personal Needs Occupations

24570 - Child Care Attendant 9.27

24580 - Child Care Center Clerk 11.59

24610 - Chore Aide 9.10

24620 - Family Readiness And Support Services 12.61

Coordinator

24630 - Homemaker 14.77

25000 - Plant And System Operations Occupations

25010 - Boiler Tender 22.93

25040 - Sewage Plant Operator 21.78

25070 - Stationary Engineer 22.93

25190 - Ventilation Equipment Tender 16.68

25210 - Water Treatment Plant Operator 20.86

27000 - Protective Service Occupations

27004 - Alarm Monitor 16.74

27007 - Baggage Inspector 12.11

27008 - Corrections Officer 15.13

27010 - Court Security Officer 16.04

27030 - Detection Dog Handler 17.18

27040 - Detention Officer 15.13

27070 - Firefighter 17.61

27101 - Guard I 12.11

27102 - Guard II 17.18

27131 - Police Officer I 17.54

27132 - Police Officer II 19.38

28000 - Recreation Occupations

28041 - Carnival Equipment Operator 10.40

28042 - Carnival Equipment Repairer 10.98

28043 - Carnival Equipment Worker 8.45

28210 - Gate Attendant/Gate Tender 14.00

28310 - Lifeguard 10.82

28350 - Park Attendant (Aide) 15.66

28510 - Recreation Aide/Health Facility Attendant 11.52

28515 - Recreation Specialist 18.91

28630 - Sports Official 12.47

28690 - Swimming Pool Operator 15.81

29000 - Stevedoring/Longshoremen Occupational Services

29010 - Blocker And Bracer 17.93

29020 - Hatch Tender 17.93

29030 - Line Handler 17.93

29041 - Stevedore I 15.43

29042 - Stevedore II 18.83

30000 - Technical Occupations

30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.15

30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.24

30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 26.69

30021 - Archeological Technician I 17.30

30022 - Archeological Technician II 18.01

30023 - Archeological Technician III 21.79

30030 - Cartographic Technician 22.11

30040 - Civil Engineering Technician 19.65

30061 - Drafter/CAD Operator I (see 3) 15.42

30062 - Drafter/CAD Operator II 17.24

30063 - Drafter/CAD Operator III 19.23

30064 - Drafter/CAD Operator IV 23.66

30081 - Engineering Technician I 16.25

30082 - Engineering Technician II 18.25

30083 - Engineering Technician III 22.54

30084 - Engineering Technician IV 24.28

30085 - Engineering Technician V 33.08

30086 - Engineering Technician VI (see 3) 40.00

30090 - Environmental Technician 20.73

30210 - Laboratory Technician 20.33

30240 - Mathematical Technician 23.48

30361 - Paralegal/Legal Assistant I 17.69

30362 - Paralegal/Legal Assistant II 23.48

30363 - Paralegal/Legal Assistant III 28.72

30364 - Paralegal/Legal Assistant IV 33.95

30390 - Photo-Optics Technician 23.48

30461 - Technical Writer I 20.36

30462 - Technical Writer II 24.93

30463 - Technical Writer III 30.16

30491 - Unexploded Ordnance (UXO) Technician I 22.34

30492 - Unexploded Ordnance (UXO) Technician II 27.03

30493 - Unexploded Ordnance (UXO) Technician III 32.40

30494 - Unexploded (UXO) Safety Escort 22.34

30495 - Unexploded (UXO) Sweep Personnel 22.34

30620 - Weather Observer, Combined Upper Air Or 19.23

Surface Programs

30621 - Weather Observer, Senior 21.36

31000 - Transportation/Mobile Equipment Operation Occupations

31020 - Bus Aide 9.86

31030 - Bus Driver 13.88

31043 - Driver Courier 10.82

31260 - Parking and Lot Attendant 9.19

31290 - Shuttle Bus Driver 11.46

31310 - Taxi Driver 9.26

31361 - Truckdriver, Light 11.46

31362 - Truckdriver, Medium 11.70

31363 - Truckdriver, Heavy 17.38

31364 - Truckdriver, Tractor-Trailer 17.38

99000 - Miscellaneous Occupations

99030 - Cashier 8.17

99050 - Desk Clerk 9.27

99095 - Embalmer 24.91

99251 - Laboratory Animal Caretaker I 8.96

99252 - Laboratory Animal Caretaker II 9.49

99310 - Mortician 24.91

99410 - Pest Controller 18.68

99510 - Photofinishing Worker 11.74

99710 - Recycling Laborer 13.78

99711 - Recycling Specialist 15.92

99730 - Refuse Collector 11.59

99810 - Sales Clerk 11.62

99820 - School Crossing Guard 9.39

99830 - Survey Party Chief 18.80

99831 - Surveying Aide 11.59

99832 - Surveying Technician 15.91

99840 - Vending Machine Attendant 13.31

99841 - Vending Machine Repairer 15.81

99842 - Vending Machine Repairer Helper 13.31

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 20 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin

Luther King Jr's Birthday, Washington's Birthday, Good Friday, 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).

3) Does not apply to employees employed in a bona fide executive, administrative, or professional capacity as defined and delineated in 29 CFR 541. (See CFR 4.156)

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 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.

SECTION I - CONTRACT CLAUSES

52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE (JAN 1999)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) General. (1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(c) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for--

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(d) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (c) of this clause will be performed by the HUBZone small business participant or participants.

(e) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(End of clause)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JUL 2005)

(a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants.

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts.

(End of clause)

The following were previously included by reference and are now included by full text:

52.222-6 DAVIS-BACON ACT (JUL 2005)

(a) Definition.--Site of the work –

(1) Means--

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is--

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided--

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the ``primary site of the work'' as defined in paragraph (a)(1)(i), or the

``secondary site of the work'' as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the ``site of the work.'' Such permanent, previously established facilities are not a part of the ``site of the work'' even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(iv) With respect to helpers, such a classification prevails in the area in which the work is performed

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(End of clause)

(End of Summary of Changes)