W912DS22B0022-Amendment 0006.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1. Respond to bidder inquiries for informational purposes only.

2. Revise and reissue plans and specifications as outlined below (and attached).

3. Provide updated w age rates.

4. Extend the bid due date to 15 February 2023 at 2:00 PM ET.

NOTE: Bidders must acknow ledge receipt of this amendment by the date specified in the solicitation (or as amended) by one of the follow ing methods: In the space provided on the SF1442, by separate letter, or by signing the block 15 below . FAILURE TO ACKNOWLEDGE AMENDMENTS BY THE DATE AND TIME SPECIFIED MAY RESULT IN REJECTION OF YOUR BID IN ACCORDANCE WITH THE LATE BID, LATE

MODIFICATIONS OF BIDS OR LATE WITHDRAWAL OF BIDS (FAR 14.304).

1. CONTRACT ID CODE PAGE OF PAGES

1 15

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 12-Jan-2023

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912DS22B0022

X 9B. DATED (SEE ITEM 11)

23-Aug-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11-Jan-2023

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS22B0022

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 18-Jan-2023 02:00 PM to 15-Feb-2023 02:00 PM.

SECTION 00 20 00 - INSTRUCTIONS FOR PROCUREMENT

The following have been added by full text:

INSTRUCTIONS

BID SUBMISSION INSTRUCTIONS:

Contractors are required to deliver bids to 26 Federal Plaza, Room 16-300. The designated receiver of bids is Nicholas Emanuel, Contracting Officer, at (917) 790-8069. Bids are due no later than 15 February 2023 at 2:00pm EST. Bid opening will start at 2:00pm EST.

NOTE: If dropping bids off in person, please advise via email to monica.c.chahary@usace.army.mil and nicholas.p.emanuel@usace.army.mil.

Contractors are encouraged to wear a mask on the main floor and are required to wear a mask on Floor 16. The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Bidders are responsible for ensuring that bids are submitted so as to reach the designated receiver and designated location. Bidders are responsible for allowing sufficient time for the bids to be received in accordance with the instructions provided. Contractors will not be allowed to physically be in the conference room during the bid opening. However, bidders are encouraged to call into the following teleconference line:

Call number:

+1-844-800-2712 US Toll Free +1-669-234-1177 US Toll Access code: 199 476 8533

Bidders must keep their phone on mute as to not disrupt the reader. Please limit the amount of company employees calling into the line so that the line does not disconnect. The abstract of bids will be posted to the SAM.gov website.

ADDITIONAL INSTRUCTIONS:

Potential bidders are reminded that only the minimum documents are required for bid submission:

1. Signed SF1442.

2. Acknowledged amendments.

3. Filled out bid schedule and totals.

4. Bidders must check off box (d) in 52.204-8 Annual Representations and Certifications (DEC 2019) for being on SAM.gov.

5. Full bid documents on one (1) CD-ROM (optional).

CPARS:

The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web-enabled application the supports the completion, distribution and retrieval of all contract performance evaluations. Contractor Representative are responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/index.htm.

NOTICE REGARDING BID BONDS, PEFORMANCE BONDS, AND PAYMENT

BONDS:

The Standard Forms (SF24, SF25, and SF25A) for these bonds have been revised as of August 2016. When including your bid/offer, contractors/sureties shall use the revised versions. No other version will be valid and thus may render your bid/offer nonresponsive.

WAGE DETERMINATION:

A U.S. Department of Labor Wage Determination has been included. For Construction contracts, the wage rate is located at the end of this document. If a U.S. Department of Labor Wage Determination has not been included, it should be added by amendment prior to the date set for receipt of bids/proposals. In the event a Department of Labor Wage Rate has not been attached to this contract, neither the contractor nor any subcontractor under the contract shall pay any of his employees performing work under the contract (regardless of whether they are service employees) less than minimum wage specified by Section 6(a)(1) of the Fair Labor Standards Act, as amended.

The following have been deleted:

INSTRUCTIONS

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by full text:

AMENDMENT 0006

The following have been revised and reissued (as applicable):

1. Spec Section 00 90 02 – Soil Erosion and Sediment Control Certification Added approved SESC Certification.

2. Spec Section 35 22 25 – Electrically Powered Rising Stem Slide Gates (Sluice Gates) and

Flap Gates 1.2.4.b – Replace last sentence with the following:

“Slide Gate operators shall have the greater of the manufacturer’s standard warranty period or 1 year. The warranty period shall not commence until the successful completion of the field acceptance tests.”

3. Drawings

M-701

QUESTIONS AND GOVERNMENT REPLY:

(Questions that may be of general interest to all bidders and/or the Government and that are not readily answered by the proceeding changes will appear below. These questions may have been paraphrased or altered to represent several questions regarding the same subject and/or simply revised to clarify and simplify the question(s). Questions and answers are issued to the bidders “For Information Only” and do not revise the solicitation, plans or specifications.)

BIDDER INQUIRY GOVERNMENT RESPONSE

We note the new bid items #22, 23, & 24, as well as the new Spec Section 00 90 06 involving Mitigation Credits for the project. We have contacted Cranbury Mitigation Bank and have received a quote for the credits as well as their "terms & conditions". We offer the following notes about said quote:

1) The pricing is only good for 60 days after receipt of quote, and subject to change thereafter.

Question: As these Mitigations credits are extremely costly, and subject to significant volatility in price and availability, we request that this “extreme” risk be removed from the contractor. The inclusion of an allowance would limit the significant risk to the contractor which would inevitably be incorporated into the proposal and price.

The Government is unable to add the inclusion of an allowance. The instruction set forth in the specification is an established process.

One of the notes from Cranbury Mitigation Bank's quote reads:

"The location of impacts is within the wetland service area of the Cranbury Mitigation Bank -- Watershed Management Areas (WMA) 08, 09, or 10.

Note: GreenVest’s Cranbury Mitigation Bank is a fully approved riparian zone mitigation bank that can provide riparian credits to mitigate for permitted riparian zone impacts that occur within WMA 10. On a case by case basis, the Cranbury Mitigation Bank can provide credits to mitigation for impact in WMA’s 8 & 9 as well (NJDEP had approved credit purchases for earlier phases of the Green Brook Flood Risk Project).

As the your project is located in WMA 9, it is our understanding that the USACE has obtained approval from NJDEP to use riparian zone credits from the Cranbury Bank to provide mitigation for riparian zone impacts associated with your project."

Please confirm it is acceptable to use Mitigation Credits generated for Area 10 for Areas 08 & 09.

NJDEP has approved the purchase of riparian mitigation credits from the Cranbury Mitigation Bank.

An RFP was recently issued by the New York District Army Corps of Engineers requesting mitigation credits for the Green Brook Flood Risk Management Project in WMA-9. Please see the attached portion of the RFP.

The RFP solicits wetland and riparian zone credits for the project impacts in WMA-9.

Based on review of mitigation banks it appears that a bank serves WMA-9 for wetland credits as reflected in the RFP. However, the RFP indicates that there is a mitigation bank that serves WMA-9 for riparian zone credits. This does not appear to be the case. See the below link to the NJDEP Mitigation Bank web site as well as an excerpt from the DEP web site indicating that the riparian zone bank incorrectly cited in the RFP as serving WMA-9 only serves WMA-10.

We are unsure of the source of the incorrect riparian zone mitigation bank service area data, but request it be rectified by the NJDEP in the permitting process and the Corps in the RFP process.

Specification Section 00 90 06 has been revised to clarify that within Watershed Management Area riparian credits are not available and that NJDEP has approved the purchase of riparian credits at the Cranbury Wetland Mitigation Bank as the nearest available option

WAGE RATES 0006

"General Decision Number: NJ20230057 01/06/2023 Superseded General Decision Number: NJ20220057 State: New Jersey MY 01/11/2023 Construction Type: Heavy County: Middlesex County in New Jersey.

HEAVY CONSTRUCTION PROJECTS

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $16.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2023. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.15 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2023. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2023

BRNJ0004-001 11/01/2022

Rates Fringes

CEMENT MASON.....................$ 46.90 34.31

CARP0006-014 05/01/2022

Rates Fringes

CARPENTER........................$ 53.30 58%

The first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

CARP0715-007 05/01/2020

Rates Fringes

Millwright.....................$ 51.58 58%+0.25

Work of erection and dismantling of elevators and towers, such as concrete conveyors and temporary material elevators, scaffolding or other structures to be used as scaffolding inside or outside of buildings: the first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter.

CARP1556-003 05/01/2021

Rates Fringes

CARPENTER (Dock Builder) Concrete form work..........$ 48.05 35.50 All other work..............$ 48.05 35.50

Work on land pile driving, floating marine construction and the construction of wharves, while handling and working with creosote and creosote-impregnated products: $.25 per hour additional.

Work on hazardous/toxic/contaminated waste removal, on a hazardous/toxic/contaminated waste site, where the worker comes into contact with hazardous/toxic/contaminated waste material, and when A, B or C personal protective equipment is required and used for respiratory, skin or eye protection: 20% per hour additional.

ELEC0456-010 05/30/2022

Rates Fringes

ELECTRICIAN

Cable splicer...............$ 65.35 71.25% Electrician.................$ 55.85 71.25%

Work on line voltage of 440 volts and over: 10% per hour additional.

Work from trusses, scaffolds and ladders 40 ft. or more from the ground or floor; or under air pressure; or over conveyors or moving equipment or machinery: 10% per hour additional.

ENGI0825-021 07/01/2021

Rates Fringes

Power equipment operators:

GROUP 1.....................$ 56.02 31.80

GROUP 2.....................$ 54.43 31.80

GROUP 3.....................$ 52.52 31.80

GROUP 4.....................$ 50.89 31.80

GROUP 5.....................$ 49.18 31.80

Hazardous waste removal work:

Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: 20% per hour additional.

PAID HOLIDAYS:

New Year's Day, Washington's Birthday observed, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided

1) that the worker works three of the preceding five work days before the holiday; or, the work day before the holiday and the work day after the holiday; and, 2) that the worker works the work day before and the work day after the holiday.

DEFINITION OF GROUPS:

GROUP 1:

Backhoe, Including Backhoe Track; Boom; Concrete Paving Machine; Crane (all types, including overhead and straddle traveling type); Drill (down-the-hole drill, rotary drill, self-propelled hydraulic drill, self-powered drill);

Elevating Grader; Excavator; Front End Loader (5 cu. yd.

and over); Piledriver (length of boom, including length of leads, shall determine premium rate applicable)

GROUP 2:

Backhoe Loader Combo; Concrete Pumper; Grader/Blade (Finish);

Hoist; Hydraulic Crane, 10 Tons and under; Front End Loader (2 cu. yd. but less than 5 cu. yd.); Scraper; Side Boom

GROUP 3:

Asphalt Spreader; Bulldozer; Compressor(2 or 3) (in Battery) (within 100 ft.); Crusher; Forklift; Front End Loader (1

cu. yd. and over but less than 2 cu. yd.); Lull; Mechanic;

Paver, Asphalt; Roller, Blacktop; Tractor;

GROUP 4:

Broom; Compressor (Single); Farm Tractor; Front End Loader (under 1 cu. yd.); Roller, Grade; Pump

GROUP 5:

Oiler

IRON0011-011 07/01/2022

MIDDLESEX COUNTY (Northern Half of County)

Rates Fringes

Ironworkers:

Reinforcing.................$ 45.39 47.42 Structural, Ornamental, Rigger......................$ 46.44 46.72

IRON0399-019 07/01/2022

MIDDLESEX COUNTY (Southern Half of County)

Rates Fringes

Ironworker Reinforcing.................$ 50.54 36.10 Structural, Ornamental, Rigger......................$ 51.54 36.10

Hazardous waste removal work, on a state or federally designated hazardous waste site, where the worker is required to wear Level A, B or C personal protection: $3.00 per hour additional.

LABO0077-008 07/01/2012

Rates Fringes

LABORER

MASON TENDER:

Cement/Concrete.............$ 29.35 23.07

LABO0172-009 03/01/2021

Rates Fringes

Laborers:

Common or General Laborer;

Landscape Laborer, Power Tool Operator...............$ 43.50 32.35 Pipelayer...................$ 44.20 32.35

Hazardous waste removal work:

Work on a state or federally designated hazardous waste site, where the worker is required to wear Level A, B or C personal protection: $3.00 per hour additional.

Work on a state or federally designated hazardous waste site, where the worker is not required to wear Level A, B, or C personal protection: $1.00 per hour additional.

New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided that the worker works three days for the same employer within a period of ten working days consisting of five working days before and five working days after the day upon which the holiday falls or is observed.

PAIN0711-023 06/01/2022

Rates Fringes

Painters:

Work on bridges (Major Bridges Designed for Commercial Navigation)......$ 57.23 32.85

PAIN0711-024 05/01/2017

Rates Fringes

Painters:

New Construction Brush and roller...........$ 40.19 22.72 Repaint work, on projects on which no major alterations occur.

Brush and roller...........$ 29.05 18.91

PLUM0009-028 03/01/2017

MIDDLESEX COUNTY (does not include the Boroughs of Dunellen and Middlesex; Borough of South Plainfield)

PIPEFITTER.......................$ 47.47 35.51

Service and Repair..........$ 37.48 21.08

PLUMBER..........................$ 47.47 35.51

Service and Repair..........$ 37.48 21.08

PLUM0024-021 05/01/2017

MIDDLESEX COUNTY (Boroughs of Dunellen and Middlesex; Township of Piscataway; Borough of South Plainfield)

PLUMBER..........................$ 52.66 33.54

PLUM0475-021 05/01/2022

MIDDLESEX COUNTY (Boroughs of Dunellen and Middlesex; Township of Piscataway; Borough of South Plainfield)

PIPEFITTER.......................$ 53.60 44.49

TEAM0469-008 05/01/2022

Rates Fringes

Truck drivers:

Dump Truck; Flatbed Truck;Pick up truck.........$ 44.81 36.775 Off the Road Truck..........$ 44.96 36.775

Hazardous waste removal work:

Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: $3.00 per hour additional.

Work on a state or federally designated hazardous waste site, in a zone requiring Level A personal protection for any workers other than the truck driver: $3.00 per hour additional.

Work on a state or federally designated hazardous waste site where the worker is not working in a zone requiring Level A, B or C personal protection: $1.00 per hour additional.

New Year's Day, President's Day, Decoration Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day.

VACATION PAY CREDIT:

Workers working or receiving pay for 80 days within a year receive one week paid vacation (48 hours); 125 days receive two weeks paid vacation (96 hours); 145 days receive 15 days paid vacation (120 hours); 15 years seniority and 145 days receive 4 weeks paid vacation (160 hours).

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

(End of Summary of Changes)