W912ES25B0003.pdf

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FARGO-MOORHEAD FOREST MITIGATION PLANTING Federal contract opportunity
Solicitation number
W912ES25B0003
Issued by
Department of the Army Corps of Engineers Engineering District St Paul

About this file

This is a 53-page Invitation for Bid (IFB) solicitation document (W912ES25B0003) issued by the US Army Corps of Engineers St. Paul District for forest mitigation planting services related to the Fargo-Moorhead Metropolitan Area Flood Risk Management project. The solicitation seeks a contractor to provide all labor, materials and equipment for planting and maintaining approximately 99 acres, including 48 acres requiring new tree, grass and forb planting and 52 acres of existing forest requiring invasive species management.

The work requires a 5-year maintenance and monitoring period and includes development of planting, maintenance and invasive species control plans. This is a total small business set-aside under NAICS code 115310 (Support Activities for Forestry) with an $11.5 million size standard. The resulting contract will be firm-fixed-price. Sealed bids are due by 2:00 PM Central on January 22, 2025, with both in-person and telephone bid opening options available. Bidders must provide a bid guarantee of 20% of the bid price or $3 million, whichever is less. The contractor must be registered in SAM.gov prior to award.

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CODE

(Hour)

PAGE(S)

until 02:00 PM local t ime 22 Jan 2025

A X B X C

D

EX

G F 41 - 49

50 - 53 X H

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 53

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912ES 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

3 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

4 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 5 - 24 M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

25 - 39

PART II - CO NTRACT CLAUSES

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

651-290-5414

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

18 Dec 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912ES25B0003

See Bid Submittal Instructions

Section B - Supplies or Services and Prices

SCHEDULE OF SERVICES

CLIN # QTY UNIT PRICE TOTAL

Year 1

0001 Initial Contract Submittals 1 EACH 0002 Site Preparation Activities 47.6 ACRE 0003 Planting Bank Stabilization Areas 2.3 ACRE 0004 Planting Floodplain Forest Areas 27.2 ACRE 0005 Planting Oak Savannah Areas 18.1 ACRE 0006 Invasive Species Removal within Forest Preservation 51.5 ACRE 0007 Year 1 Maintenance and Monitoring 1 JOB 0008 Year 1 Annual Monitoring Report 1 EACH

Year 2 1001 Year 2 Establishment and Maintenance Activities 1 JOB 1002 Year 2 Invasive Species Follow-up Treatments 51.5 ACRE 1003 Year 2 Annual Monitoring Report 1 EACH

Year 3 2001 Year 3 Establishment and Maintenance Activities 1 JOB 2002 Year 3 Invasive Species Follow-up Treatments 51.5 ACRE 2003 Year 3 Annual Monitoring Report 1 EACH

Year 4 3001 Year 4 Establishment and Maintenance Activities 1 JOB 3002 Year 4 Invasive Species Follow-up Treatments 51.5 ACRE 3003 Year 4 Annual Monitoring Report 1 EACH

Year 5 4001 Year 5 Establishment and Maintenance Activities 1 JOB 4002 Fence Removal 1 JOB 4003 Year 5 Invasive Species Follow-up Treatments 51.5 ACRE 4004 Year 5 Annual Monitoring Report 1 EACH

TOTAL ALL YEARS

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

See Attachment “PWS Forest Mitigation FMM 2025.pdf”

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section H - Special Contract Requirements

SUPPLEMENTAL REQUIREMENTS

PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM:

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

ALL OR NONE QUALIFICATIONS

A vendor must provide a price on all items in this solicitation to be eligible for award. The Government will award on an “All or None” basis. Evaluation of bids/offers will be based upon only the total price included on the pricing schedule for all items. If options are included in the pricing schedule the evaluation will be conducted in accordance with the applicable option clause in the solicitation.

APPARENT CLERICAL MISTAKES

(a) For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends it’s bid to be evaluated on the basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

WORK PERFORMED BY THE CONTRACTOR

The successful bidder must furnish the Contracting Officer within 10 days after the award, the items of work which he will perform with their own forces, the percentage of the total work this represents, and the estimated cost thereof.

INSURANCE

As referenced in Contract Clause: INSURANCE--WORK ON A GOVERNMENT INSTALLATION, the following types and amounts of insurance are required under this contract.

Type Amount

Worker's Compensation and Employer's Liability Insurance:

Coverage A Compliance with State of North Dakota Worker's Compensation Worker's Compensation Law

Coverage B $ 100,000 Employer's Liability

General Liability Insurance:

Bodily Injury $1,000,000 per occurrence

Property Damage Not Required

Automobile Liability Insurance (Comprehensive Policy Form):

Bodily Injury $ 500,000 per person and

$1,000,000 per occurrence

Property Damage $ 100,000 per occurrence

SAFETY AND HEALTH REQUIREMENTS MANUAL INTERIM CHANGES, EM 385-1-1

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions). EM 385-1- 1 and its changes are available at https://www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015%20March%202024.pdf. The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

• U.S. Department of Labor Veterans’ Employment and Training Service (VETS): https://www.dol.gov/vets/

• Federal Veteran Employment Information: https://www.fedshirevets.gov/

• Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

• U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

• Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015%20March%202024.pdf https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015%20March%202024.pdf http://www.dol.gov/vets/ http://www.fedshirevets.gov/ http://www.benefits.va.gov/vow/ https://wct.army.mil/modules/employers/index.html http://www.uschamberfoundation.org/hiring-our-heroes

SCA WD 2015-4969

"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.: 2015-4969 Daniel W. Simms Division of | Revision No.: 26 Director Wage Determinations| Date Of Last Revision: 07/22/2024

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

|If the contract is entered into on or |Executive Order 14026 generally applies to |after January 30, 2022, or the |the contract.

|contract is renewed or extended (e.g., |The contractor must pay all covered workers |an option is exercised) on or after |at least $17.20 per hour (or the applicable |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | |performing on the contract in 2024.

|If the contract was awarded on or |Executive Order 13658 generally applies to |between January 1, 2015 and January 29,|the contract.

|2022, and the contract is not renewed |The contractor must pay all covered workers |or extended on or after January 30, |at least $12.90 per hour (or the applicable |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | |performing on the contract in 2024.

The applicable Executive Order minimum wage rate will be adjusted annually.

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

State: North Dakota

Area: North Dakota County of Cass

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 17.76 01012 - Accounting Clerk II 19.93 01013 - Accounting Clerk III 22.29 01020 - Administrative Assistant 30.07 01035 - Court Reporter 22.69 01041 - Customer Service Representative I 15.26*** 01042 - Customer Service Representative II 16.65*** 01043 - Customer Service Representative III 18.68 01051 - Data Entry Operator I 16.16*** 01052 - Data Entry Operator II 17.63 01060 - Dispatcher, Motor Vehicle 27.86 01070 - Document Preparation Clerk 17.59 01090 - Duplicating Machine Operator 17.59 01111 - General Clerk I 18.02 01112 - General Clerk II 19.66 01113 - General Clerk III 22.06 01120 - Housing Referral Assistant 22.99 01141 - Messenger Courier 14.36*** 01191 - Order Clerk I 17.17*** 01192 - Order Clerk II 18.74 01261 - Personnel Assistant (Employment) I 18.35 01262 - Personnel Assistant (Employment) II 20.53 01263 - Personnel Assistant (Employment) III 22.89 01270 - Production Control Clerk 27.20 01290 - Rental Clerk 17.56 01300 - Scheduler, Maintenance 18.45 01311 - Secretary I 18.45 01312 - Secretary II 20.63 01313 - Secretary III 22.99 01320 - Service Order Dispatcher 24.92 01410 - Supply Technician 30.07 01420 - Survey Worker 17.91 01460 - Switchboard Operator/Receptionist 17.27 01531 - Travel Clerk I 18.40 01532 - Travel Clerk II 20.28 01533 - Travel Clerk III 22.46 01611 - Word Processor I 16.42*** 01612 - Word Processor II 18.45 01613 - Word Processor III 20.63 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 23.45 05010 - Automotive Electrician 21.84

05040 - Automotive Glass Installer 20.34 05070 - Automotive Worker 20.34 05110 - Mobile Equipment Servicer 17.40 05130 - Motor Equipment Metal Mechanic 23.13 05160 - Motor Equipment Metal Worker 20.34 05190 - Motor Vehicle Mechanic 23.13 05220 - Motor Vehicle Mechanic Helper 15.88*** 05250 - Motor Vehicle Upholstery Worker 18.88 05280 - Motor Vehicle Wrecker 20.34 05310 - Painter, Automotive 21.84 05340 - Radiator Repair Specialist 20.34 05370 - Tire Repairer 18.38 05400 - Transmission Repair Specialist 23.13 07000 - Food Preparation And Service Occupations 07010 - Baker 16.94*** 07041 - Cook I 17.94 07042 - Cook II 20.97 07070 - Dishwasher 14.04*** 07130 - Food Service Worker 16.03*** 07210 - Meat Cutter 19.26 07260 - Waiter/Waitress 12.73*** 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 23.76 09040 - Furniture Handler 13.89*** 09080 - Furniture Refinisher 23.76 09090 - Furniture Refinisher Helper 17.27 09110 - Furniture Repairer, Minor 20.53 09130 - Upholsterer 23.76 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 16.79*** 11060 - Elevator Operator 16.79*** 11090 - Gardener 28.01 11122 - Housekeeping Aide 17.07*** 11150 - Janitor 17.07*** 11210 - Laborer, Grounds Maintenance 20.56 11240 - Maid or Houseman 15.42*** 11260 - Pruner 18.25 11270 - Tractor Operator 25.55 11330 - Trail Maintenance Worker 20.56 11360 - Window Cleaner 19.23 12000 - Health Occupations 12010 - Ambulance Driver 17.88 12011 - Breath Alcohol Technician 23.74 12012 - Certified Occupational Therapist Assistant 29.20 12015 - Certified Physical Therapist Assistant 26.18 12020 - Dental Assistant 24.34 12025 - Dental Hygienist 39.11 12030 - EKG Technician 34.02 12035 - Electroneurodiagnostic Technologist 34.02 12040 - Emergency Medical Technician 17.88 12071 - Licensed Practical Nurse I 21.23 12072 - Licensed Practical Nurse II 23.74 12073 - Licensed Practical Nurse III 26.47 12100 - Medical Assistant 20.68

12130 - Medical Laboratory Technician 28.77 12160 - Medical Record Clerk 22.21 12190 - Medical Record Technician 27.34 12195 - Medical Transcriptionist 20.06 12210 - Nuclear Medicine Technologist 52.18 12221 - Nursing Assistant I 13.65*** 12222 - Nursing Assistant II 15.36*** 12223 - Nursing Assistant III 16.76*** 12224 - Nursing Assistant IV 18.81 12235 - Optical Dispenser 18.76 12236 - Optical Technician 21.23 12250 - Pharmacy Technician 22.35 12280 - Phlebotomist 18.15 12305 - Radiologic Technologist 32.20 12311 - Registered Nurse I 24.60 12312 - Registered Nurse II 30.09 12313 - Registered Nurse II, Specialist 30.09 12314 - Registered Nurse III 36.40 12315 - Registered Nurse III, Anesthetist 36.40 12316 - Registered Nurse IV 43.64 12317 - Scheduler (Drug and Alcohol Testing) 29.43 12320 - Substance Abuse Treatment Counselor 28.59 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 23.16 13012 - Exhibits Specialist II 28.70 13013 - Exhibits Specialist III 35.10 13041 - Illustrator I 25.48 13042 - Illustrator II 31.57 13043 - Illustrator III 38.61 13047 - Librarian 31.77 13050 - Library Aide/Clerk 15.12*** 13054 - Library Information Technology Systems 28.69 Administrator 13058 - Library Technician 19.40 13061 - Media Specialist I 20.70 13062 - Media Specialist II 23.15 13063 - Media Specialist III 25.82 13071 - Photographer I 17.96 13072 - Photographer II 20.10 13073 - Photographer III 24.88 13074 - Photographer IV 30.45 13075 - Photographer V 36.84 13090 - Technical Order Library Clerk 18.98 13110 - Video Teleconference Technician 23.63 14000 - Information Technology Occupations 14041 - Computer Operator I 19.89 14042 - Computer Operator II 22.24 14043 - Computer Operator III 24.81 14044 - Computer Operator IV 27.56 14045 - Computer Operator V 30.52 14071 - Computer Programmer I (see 1) 22.58 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1)

14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 19.89 14160 - Personal Computer Support Technician 27.56 14170 - System Support Specialist 30.75 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 32.66 15020 - Aircrew Training Devices Instructor (Rated) 39.50 15030 - Air Crew Training Devices Instructor (Pilot) 47.35 15050 - Computer Based Training Specialist / Instructor 32.66 15060 - Educational Technologist 35.48 15070 - Flight Instructor (Pilot) 47.35 15080 - Graphic Artist 22.22 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 47.35 15086 - Maintenance Test Pilot, Rotary Wing 47.35 15088 - Non-Maintenance Test/Co-Pilot 47.35 15090 - Technical Instructor 24.20 15095 - Technical Instructor/Course Developer 29.60 15110 - Test Proctor 19.53 15120 - Tutor 19.53 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 11.05*** 16030 - Counter Attendant 11.05*** 16040 - Dry Cleaner 12.88*** 16070 - Finisher, Flatwork, Machine 11.05*** 16090 - Presser, Hand 11.05*** 16110 - Presser, Machine, Drycleaning 11.05*** 16130 - Presser, Machine, Shirts 11.05*** 16160 - Presser, Machine, Wearing Apparel, Laundry 11.05*** 16190 - Sewing Machine Operator 13.52*** 16220 - Tailor 14.13*** 16250 - Washer, Machine 11.61*** 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 30.05 19040 - Tool And Die Maker 35.82 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 19.92 21030 - Material Coordinator 27.20 21040 - Material Expediter 27.20 21050 - Material Handling Laborer 19.22 21071 - Order Filler 17.52 21080 - Production Line Worker (Food Processing) 19.92 21110 - Shipping Packer 21.02 21130 - Shipping/Receiving Clerk 21.02 21140 - Store Worker I 13.44*** 21150 - Stock Clerk 18.62 21210 - Tools And Parts Attendant 19.92 21410 - Warehouse Specialist 19.92 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 30.88 23019 - Aircraft Logs and Records Technician 24.12 23021 - Aircraft Mechanic I 29.57 23022 - Aircraft Mechanic II 30.88

23023 - Aircraft Mechanic III 32.06 23040 - Aircraft Mechanic Helper 20.30 23050 - Aircraft, Painter 27.93 23060 - Aircraft Servicer 24.12 23070 - Aircraft Survival Flight Equipment Technician 27.93 23080 - Aircraft Worker 26.01 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 26.01 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 29.57

II

23110 - Appliance Mechanic 28.15 23120 - Bicycle Repairer 20.82 23125 - Cable Splicer 50.15 23130 - Carpenter, Maintenance 25.56 23140 - Carpet Layer 25.43 23160 - Electrician, Maintenance 32.78 23181 - Electronics Technician Maintenance I 30.66 23182 - Electronics Technician Maintenance II 32.92 23183 - Electronics Technician Maintenance III 34.86 23260 - Fabric Worker 25.96 23290 - Fire Alarm System Mechanic 28.85 23310 - Fire Extinguisher Repairer 23.94 23311 - Fuel Distribution System Mechanic 31.82 23312 - Fuel Distribution System Operator 23.94 23370 - General Maintenance Worker 22.92 23380 - Ground Support Equipment Mechanic 29.57 23381 - Ground Support Equipment Servicer 24.12 23382 - Ground Support Equipment Worker 26.01 23391 - Gunsmith I 23.94 23392 - Gunsmith II 27.98 23393 - Gunsmith III 31.82 23410 - Heating, Ventilation And Air-Conditioning 30.52 Mechanic 23411 - Heating, Ventilation And Air Contidioning 31.87 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 30.34 23440 - Heavy Equipment Operator 28.81 23460 - Instrument Mechanic 31.82 23465 - Laboratory/Shelter Mechanic 30.05 23470 - Laborer 19.22 23510 - Locksmith 26.12 23530 - Machinery Maintenance Mechanic 29.20 23550 - Machinist, Maintenance 27.72 23580 - Maintenance Trades Helper 21.50 23591 - Metrology Technician I 31.82 23592 - Metrology Technician II 33.23 23593 - Metrology Technician III 34.50 23640 - Millwright 29.00 23710 - Office Appliance Repairer 25.00 23760 - Painter, Maintenance 23.58 23790 - Pipefitter, Maintenance 30.51 23810 - Plumber, Maintenance 28.81 23820 - Pneudraulic Systems Mechanic 31.82 23850 - Rigger 31.82

23870 - Scale Mechanic 27.98 23890 - Sheet-Metal Worker, Maintenance 31.20 23910 - Small Engine Mechanic 25.16 23931 - Telecommunications Mechanic I 34.55 23932 - Telecommunications Mechanic II 36.08 23950 - Telephone Lineman 33.19 23960 - Welder, Combination, Maintenance 25.56 23965 - Well Driller 28.85 23970 - Woodcraft Worker 31.82 23980 - Woodworker 23.94 24000 - Personal Needs Occupations 24550 - Case Manager 21.20 24570 - Child Care Attendant 13.76*** 24580 - Child Care Center Clerk 17.16*** 24610 - Chore Aide 17.16*** 24620 - Family Readiness And Support Services 21.20 Coordinator 24630 - Homemaker 21.20 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 28.16 25040 - Sewage Plant Operator 31.34 25070 - Stationary Engineer 28.16 25190 - Ventilation Equipment Tender 19.33 25210 - Water Treatment Plant Operator 31.34 27000 - Protective Service Occupations 27004 - Alarm Monitor 22.89 27007 - Baggage Inspector 17.72 27008 - Corrections Officer 24.79 27010 - Court Security Officer 24.54 27030 - Detection Dog Handler 19.82 27040 - Detention Officer 24.79 27070 - Firefighter 24.29 27101 - Guard I 17.72 27102 - Guard II 19.82 27131 - Police Officer I 31.70 27132 - Police Officer II 35.24 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 19.48 28042 - Carnival Equipment Repairer 21.34 28043 - Carnival Worker 13.92*** 28210 - Gate Attendant/Gate Tender 21.67 28310 - Lifeguard 13.47*** 28350 - Park Attendant (Aide) 24.24 28510 - Recreation Aide/Health Facility Attendant 17.70 28515 - Recreation Specialist 30.04 28630 - Sports Official 19.31 28690 - Swimming Pool Operator 24.96 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 31.83 29020 - Hatch Tender 31.83 29030 - Line Handler 31.83 29041 - Stevedore I 29.53 29042 - Stevedore II 34.18 30000 - Technical Occupations

30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 45.21 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 31.17 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 34.34 30021 - Archeological Technician I 19.10 30022 - Archeological Technician II 21.36 30023 - Archeological Technician III 26.47 30030 - Cartographic Technician 26.47 30040 - Civil Engineering Technician 29.48 30051 - Cryogenic Technician I 29.31 30052 - Cryogenic Technician II 32.37 30061 - Drafter/CAD Operator I 19.10 30062 - Drafter/CAD Operator II 21.36 30063 - Drafter/CAD Operator III 23.81 30064 - Drafter/CAD Operator IV 29.31 30081 - Engineering Technician I 16.82*** 30082 - Engineering Technician II 18.89 30083 - Engineering Technician III 21.71 30084 - Engineering Technician IV 26.89 30085 - Engineering Technician V 32.90 30086 - Engineering Technician VI 39.41 30090 - Environmental Technician 27.51 30095 - Evidence Control Specialist 26.47 30210 - Laboratory Technician 23.81 30221 - Latent Fingerprint Technician I 29.31 30222 - Latent Fingerprint Technician II 32.37 30240 - Mathematical Technician 26.47 30361 - Paralegal/Legal Assistant I 21.00 30362 - Paralegal/Legal Assistant II 26.02 30363 - Paralegal/Legal Assistant III 31.82 30364 - Paralegal/Legal Assistant IV 38.51 30375 - Petroleum Supply Specialist 32.37 30390 - Photo-Optics Technician 26.47 30395 - Radiation Control Technician 32.37 30461 - Technical Writer I 26.47 30462 - Technical Writer II 32.37 30463 - Technical Writer III 39.16 30491 - Unexploded Ordnance (UXO) Technician I 28.73 30492 - Unexploded Ordnance (UXO) Technician II 34.76 30493 - Unexploded Ordnance (UXO) Technician III 41.67 30494 - Unexploded (UXO) Safety Escort 28.73 30495 - Unexploded (UXO) Sweep Personnel 28.73 30501 - Weather Forecaster I 29.31 30502 - Weather Forecaster II 35.65 30620 - Weather Observer, Combined Upper Air Or (see 2) 23.81 Surface Programs 30621 - Weather Observer, Senior (see 2) 26.47 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 34.76 31020 - Bus Aide 14.77*** 31030 - Bus Driver 21.78 31043 - Driver Courier 20.21 31260 - Parking and Lot Attendant 13.12*** 31290 - Shuttle Bus Driver 17.44 31310 - Taxi Driver 15.70***

31361 - Truckdriver, Light 22.15 31362 - Truckdriver, Medium 24.02 31363 - Truckdriver, Heavy 27.79 31364 - Truckdriver, Tractor-Trailer 27.79 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 16.95*** 99030 - Cashier 14.24*** 99050 - Desk Clerk 14.88*** 99095 - Embalmer 36.04 99130 - Flight Follower 28.73 99251 - Laboratory Animal Caretaker I 16.49*** 99252 - Laboratory Animal Caretaker II 18.02 99260 - Marketing Analyst 29.33 99310 - Mortician 36.04 99410 - Pest Controller 26.96 99510 - Photofinishing Worker 15.10*** 99710 - Recycling Laborer 30.30 99711 - Recycling Specialist 37.66 99730 - Refuse Collector 26.90 99810 - Sales Clerk 16.39*** 99820 - School Crossing Guard 14.73*** 99830 - Survey Party Chief 28.03 99831 - Surveying Aide 18.82 99832 - Surveying Technician 24.61 99840 - Vending Machine Attendant 19.54 99841 - Vending Machine Repairer 25.04 99842 - Vending Machine Repairer Helper 19.54

***Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20 per hour) or 13658 ($12.90 per hour). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 and 13658 are not currently being enforced as to contracts or contract-like instruments entered into with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands. The minimum wage requirements of Executive Order 14026 also are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract 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 the 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.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $5.36 per hour, up to 40 hours per week, or $214.40 per week or $929.07 per month

HEALTH & WELFARE EO 13706: $4.93 per hour, up to 40 hours per week, or $197.20 per week, or $854.53 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 10 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (See 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, Memorial Day, Juneteenth National Independence 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: This wage determination does not apply to any individual employed in a bona fide executive, administrative, or professional capacity, as defined in 29 C.F.R. Part 541. (See 41 C.F.R. 6701(3)). Because most Computer Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or at least $684 per week if paid on a salary or fee basis) likely qualify as exempt computer professionals under 29 U.S.C. 213(a)(1) and 29 U.S.C. 213(a)(17), this wage determination may not include wage rates for all occupations within those job families. In such instances, a conformance will be necessary if there are nonexempt employees in these job families working on the contract.

Job titles vary widely and change quickly in the computer industry, and are not determinative of whether an employee is an exempt computer professional. To be exempt, computer employees who satisfy the compensation requirements must also have a primary duty that 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).

Any computer employee who meets the applicable compensation requirements and the above duties test qualifies as an exempt computer professional under both section 13(a)(1) and section 13(a)(17) of the Fair Labor Standards Act. (Field Assistance Bulletin No. 2006-3 (Dec. 14, 2006)). Accordingly, this wage determination will not apply to any exempt computer employee regardless of which of these two exemptions is utilized.

2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.

If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).

** HAZARDOUS PAY DIFFERENTIAL **

An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, 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 re-grading 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 ordnance, (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 ordnance, 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 ordnance, 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.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the ""Service Contract Act Directory of Occupations"", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.

** 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 (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). 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 the 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 U.S.

Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)).

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 Division's decision to the contractor.

6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)).

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"" should be used to compare job definitions to ensure 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 (See 29 CFR 4.152(c)(1))."

SCA WD 1991-0354

"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.: 1991-0354 Daniel W. Simms Division of | Revision No.: 61 Director Wage Determinations| Date Of Last Revision: 07/22/2024

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

|If the contract is entered into on or |Executive Order 14026 generally applies to |after January 30, 2022, or the |the contract.

|contract is renewed or extended (e.g., |The contractor must pay all covered workers |an option is exercised) on or after |at least $17.20 per hour (or the applicable |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | |performing on the contract in 2024.

|If the contract was awarded on or |Executive Order 13658 generally applies to |between January 1, 2015 and January 29,|the contract.

|2022, and the contract is not renewed |The contractor must pay all covered workers |or extended on or after January 30, |at least $12.90 per hour (or the applicable |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | |performing on the contract in 2024.

The applicable Executive Order minimum wage rate will be adjusted annually.

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

State: North Dakota Area: North Dakota Statewide **Fringe Benefits Required Follow the Occupational Listing**

Employed on service contracts for forestry, land management, the cleaning of public use areas and timber inventory services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner 17.03*** 08040 - Choker Setter 16.66*** 08070 - Faller/Bucker 20.31 08100 - Fire Lookout 17.03*** 08130 - Forestry Equipment Operator 22.19 08160 - Forestry/Logging Heavy Equipment Operator 26.00 08190 - Forestry Technician 26.00 08250 - General Forestry Laborer 18.24 08280 - Nursery Specialist 22.57 08310 - Slash Piler/Burner 17.03*** 08340 - Tree Climber 18.20 08370 - Tree Planter 17.03*** 08400 - Tree Planter, Mechanical 17.03***

***Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20 per hour) or 13658 ($12.90 per hour). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 and 13658 are not currently being enforced as to contracts or contract-like instruments entered into with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands. The minimum wage requirements of Executive Order 14026 also are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract 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 the 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.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $5.36 per hour, up to 40 hours per week, or $214.40 per week or $929.07 per month

HEALTH & WELFARE EO 13706: $4.93 per hour, up to 40 hours per week, or $197.20 per week, or $854.53 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 10 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (See 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, Memorial Day, Juneteenth National Independence 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)

** 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.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as ""approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc."" (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting ""arm's length negotiation"" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the ""Service Contract Act Directory of Occupations"", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.

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 (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(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…

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