Amendment_1_LQP_Windows_.pdf

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Window Replacement at Lac qui Parle Federal contract opportunity
Solicitation number
W912ES19T0092
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Department of the Army Corps of Engineers Engineering District St Paul

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W81G6792046379

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 update w age rates, update the size standard from $15M to $16.5M, update the scope of w ork (section 1.1(B)(6)), and extend the closing date.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 26-Aug-2019

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 W912ES19T0092

X 9B. DATED (SEE ITEM 11)

12-Aug-2019

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

26-Aug-2019

CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

W912ES 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES19T0092

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The standard size code has changed from $15,000,000 to $16,500,000.

The required response date/time has changed from 27-Aug-2019 04:00 PM to 03-Sep-2019 02:00 PM.

The required performance has changed from Windows Replacement at Lac qui Parle Project Office near Watson, MNThis work involves removal and replacement of windows at the Lac qui Parle Project Office.This procurement is 100% small business set-aside and will result in a firm-fixed price contract. The magnitude of this requirement is less than $25,000. The North American Industry Classification System (NAICS) is 238350 with a small business size standard of $15 million. to Windows Replacement at Lac qui Parle Project Office near Watson, MNThis work involves removal and replacement of windows at the Lac qui Parle Project Office.This procurement is 100% small business set-aside and will result in a firm-fixed price contract. The magnitude of this requirement is less than $25,000. The North American Industry Classification System (NAICS) is 238350 with a small business size standard of $16.5 million..

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following have been modified:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238350.

(2) The small business size standard is $16,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

SCOPE OF WORK

U.S. ARMY CORPS OF ENGINEERS

Lac qui Parle Project Office

9055 1st Street West Watson, MN 56295

PERFORMANCE WORK STATEMENT

TO INSTALL NEW WINDOWS IN THE OFFICE/SHOP BUILDING

for

LAC QUI PARLE PROJECT OFFICE BUILDING

1.0. GENERAL.

1.1. Scope of Work. The work to be performed under this contract consists of furnishing all parts, materials, equipment, supplies, labor and transportation and performing all work as required by the contract, in accordance with the specifications and with federal, state and local laws and regulations. All work materials and services not expressly called for in the specifications or shown on the drawings but which are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no increase in cost to the Government.

A. Install fifteen (15) Energy Star qualified windows for the Lac qui Parle Project Office.

B. Windows: Windows shall conform to AAMA/WDMA/CSA 101/A440 and meet the requirements specified below with respect to materials, types, grades, performance classes and combinations indicated. Contractor shall measure and verify window sizes prior to ordering.

Windows openings are approximately 38” X 38” and be of single slider with aluminum or vinyl construction. Contractor shall make final measurements in order to properly size new windows.

Each window shall be a unit consisting of aluminum or vinyl construction, frame, sash glass, hardware, trim, casing, screen, weather stripping, and anchors. Windows (including frames and glass) shall be Energy Star qualified products as appropriate to Northern climate zone. The windows shall have a resin thermal break built into the frame and sash for improved thermal efficiency. The windows shall meet or exceed the following requirements:

1) U-Factor of 0.38 or less;

2) SHGC Coefficient of 0.22 or more;

3) VT of 0.45 or more;

4) Each window shall bear a certification label from an independent, nationally recognized testing organization validating that the product complies with AAMA/WDMA/CSA 101/A440 for the type, grade, and performance class specified.

5) Provide one insect screen for each operable exterior sash. Screens shall be easily removable and permit easy access to operating hardware.

6) Work may include removal or loosening of exterior steel siding and interior wood trim around window frame for installation. Existing or new framing materials shall be properly reinstalled and sealed around new windows. Work may also require the removal of cages / bars on the windows, these cages / bars shall not be reinstalled after the new windows are installed.

1.2. Payment. Payment will be made upon completion and acceptance of all contract work.

1.3. Government Point of Contact. (To be supplied upon contract award)

1.4. Description and Location. The Lac qui Parle site includes an office, maintenance shop and equipment storage area. The Lac qui Parle Project office is located 1.5 miles north of Watson, Minnesota at the junction of county road 13 and the Chippewa River in Chippewa County.

1.5. Work Hours. Work shall be conducted between the hours of 7:30 am and 4:30 pm, Monday through Friday excluding weekends and Federal holidays.

1.6. Contract Period. All contract work must be completed by 22 November 2019.

1.7. Safety. All work shall be performed in accordance with all state, federal and local laws and regulations and the Corps of Engineers Safety and Health Manual, EM-385-1-1. A copy of this manual can be found on line at:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf?ver=2015-04-09-142531-467

Contractor shall coordinate efforts with other contractors and Government personnel as necessary to complete work.

1.8. Orientation. Prior to the start of work, the Government may conduct a preconstruction meeting and provide an orientation to the Contractor and their personnel which may include discussion of contract requirements, facility inventory, safety considerations, quality control, security and administration.

2.0. SPECIFICATIONS

2.1. Office Building Description. The office is a single story metal framed building with steel siding. The building is 40 feet X 100 feet with a total of 15 windows. See section 2.4 for diagram of building layout.

2.2. Disposal. The Contractor shall dispose of old windows, trim and any materials not used to an off-site location in accordance to local and state disposal codes.

2.3. Work Area. The Contractor is responsible for leaving the work area in the same condition as before the start of contract work. Any damages shall be repaired at the Contractor’s expense.

All construction debris shall be removed and disposed of off-site in accordance with local and state regulations.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

WAGE RATES

General Decision Number: MN20190071 08/16/2019 Superseded General Decision Number: MN20180136 State: Minnesota Construction Type: Building County: Chippewa County in Minnesota.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 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, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/04/2019 1 02/01/2019 2 06/21/2019 3 07/26/2019 4 08/16/2019

ASBE0034-001 06/01/2019

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR........................$ 38.15 33.40

BOIL0647-008 03/01/2018

Rates Fringes

BOILERMAKER......................$ 37.22 27.14

BRMN0001-006 05/01/2018

Rates Fringes

BRICKLAYER.......................$ 27.57 18.71

CARP0930-017 05/01/2015

Rates Fringes

CARPENTER (Includes Acoustical Ceiling Installation and Excludes Soft Floor Layer)................$ 23.60 15.23

ENGI0049-004 05/01/2019

Rates Fringes

POWER EQUIPMENT OPERATOR

Bulldozer...................$ 40.08 20.55 Forklift....................$ 40.08 20.55 Loader......................$ 40.08 20.55 Oiler.......................$ 37.45 20.55

IRON0512-029 05/01/2018

Rates Fringes

IRONWORKER (Reinforcing and Structural)......................$ 37.10 27.85

LABO0563-053 05/01/2018

Rates Fringes

LABORER (ASBESTOS ABATEMENT

(Removal from Ceilings, Floors, and Walls))..............$ 33.78 16.61

PAIN0386-008 05/06/2019

Rates Fringes

PAINTER

Brush & Roller..............$ 37.20 22.86 Spray.......................$ 37.20 22.86

PAIN0681-005 05/01/2018

Rates Fringes

DRYWALL FINISHER/TAPER...........$ 29.01 17.55

PAIN1324-002 02/26/2018

GLAZIER..........................$ 30.43 14.90

* PLAS0633-005 05/01/2019

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 39.81 20.42

PLUM0539-016 05/01/2018

Rates Fringes

PIPEFITTER (Excludes HVAC Duct Installation)...............$ 36.84 27.82

ROOF0096-020 06/01/2019

Rates Fringes

ROOFER...........................$ 33.64 18.36

SFMN0669-004 04/01/2018

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 37.58 19.49

SHEE0010-043 09/05/2017

Rates Fringes

SHEET METAL WORKER (Includes HVAC Duct Installation)..........$ 33.84 17.63

* UAVG-MN-0003 01/01/2019

Rates Fringes

LABORER: Pipelayer..............$ 31.45 16.32

* UAVG-MN-0007 01/01/2019

Rates Fringes

CARPENTER (Soft Floor Layer Only)............................$ 31.03 17.61

* UAVG-MN-0008 01/01/2019

LABORER: Mason Tender - Brick...$ 33.01 17.22

* UAVG-MN-0009 01/01/2019

Rates Fringes

OPERATOR: Crane.................$ 38.87 20.30

SUMN2015-006 06/22/2018

Rates Fringes

ELECTRICIAN......................$ 29.18 12.89

LABORER: Common or General......$ 23.39 12.78

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 28.95 17.20

PLUMBER..........................$ 30.68 17.58

TILE SETTER......................$ 25.66 11.35

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 www.dol.gov/whd/govcontracts.

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 Regional Office for the area in which the survey was conducted because those Regional Offices have 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)

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