Wage Determination 2009 0043 dated 15 March 2022.pdf

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.: 2009-0043 Daniel W. Simms Division of | Revision No.: 30 Director Wage Determinations| Date Of Last Revision: 03/15/2022

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 |With certain exceptions, Executive Order |after January 30, 2022, or the |14026 applies to 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 $15.00 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 2022.

|If the contract was awarded on or |With certain exceptions, Executive Order |between January 1, 2015 and January 29,|13658 applies to 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 $11.25 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 2022.

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 https://www.dol.gov/agencies/whd/government-contracts.

States: New Mexico, Texas

Area: New Mexico Counties of Dona Ana, Otero Texas Statewide

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

(not set) - Lead Role Player 17.46 (not set) - Foreign Language Speaker 15.61 (not set) - Civilian on the Battle Field 10.97***

***Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00 per hour) or 13658 ($11.25 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.

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: $4.60 per hour, up to 40 hours per week, or $184.00 per week or $797.33 per month

HEALTH & WELFARE EO 13706: $4.23 per hour, up to 40 hours per week, or $169.20 per week, or $733.20 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 after 20 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, 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.

** 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 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 Wage and Hour Division, U.S. Department of Labor, 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 decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to 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.

** OCCUPATIONS NOT INCLUDED IN THE SCA DIRECTORY OF OCCUPATIONS **

Civilian on the Battle Field A COB role player replicates various positions and groups of people representing possible situations military units may face during deployment. COB role players participate in various Situation Training Exercises and other training events to replicate mission scenarios in order to provide the essential training experience to

Soldiers preparing for combat operation I varying conditions. An COB may represent such individuals as a member of a specific cultural community: Security Forces (police service, facility protection service, civil defense corps, military);

various civilians potentially encountered on the battlefield (local governance authorities), a local tribe leader, a member of religious group and its leader, a refugee, a displaced person oppressed by the former regime, a member of non-governmental organization. Qualifications: shall be physically capable of performing their assigned work under normally anticipated climate conditions, such as extreme weather conditions (snow, sleet, rain, heat, humidity, etc.) Role players shall be physically capable of walking and standing for extended period of time, be able to carry up to 20 pounds, operate radios, and be capable of performing duties in a military environment: With training, be able to safely operated blank-firing weapons. Other Qualifications: Preferred Military Experience/Former Non- Commissioned Officer. Candidates must be eligible to work in the United States, provide proof of legal residency and will be subject to background checks. COBs are subject to and shall agree to all required and desired pre-employment background checks and screening, and agree to random on demand substance abuse checks.

Foreign Language Speaker A Foreign Language Speaker experienced in speaking the ethnic language required to meet the specific needs of the position. An FLS will participate in various Situational Training Exercises and other training events to replicate mission scenarios in order to provide the essential training experience to Soldiers preparing for combat operation I varying conditions. An FLS may represent such individuals as a member of a specific cultural community: Security Forces (police service, facility protection service, civil defense corps, military); various civilians potentially encountered on the battlefield (local governance authorities), a local tribe leader, a member of religious group and its leader, a refugee, a displaced person oppressed by the former regime, a member of a non-governmental organization. Qualifications: shall be physically capable of performing their assigned work under normally anticipated climate conditions, such as extreme weather conditions (snow, sleet, rain, heat, humidity, etc.) Role players shall be physically capable of walking and standing for extended period of time, be able to carry up to 20 pounds, operate radios, and be capable of performing duties in a military environment: With training, be able to safely operated blank-firing weapons.

Other Qualifications: Preferred Military Experience/Former Non-Commissioned Officer. Candidates must be eligible to work in the United States, provide proof of legal residency and will be subject to background checks. FLS are subject to and shall agree to all required and desired pre-employment background checks and screening, and agree to random on demand substance abuse checks.

Lead Role Player A Lead Role Player will exercise low-level supervision of a group of Role Players, assist to ensure the Role Player are in the right place at the right time and coordinate with the Senior Military Representative on site. A Lead Role Player will interface with the Project Manager or Assistant PM/Scheduler reporting on status and other pertinent information. Lead Role Player job duties for not include management-level supervisory duties and do not require the Lead Role Player to sign timesheets, give performance reviews, or carry other supervisory duties. The Lead Role Player is more or less a squad-level supervisor, wrangling role players together each day.

Lead Role Player also ensure other role players are where they should be at the start of each day, and ensures other role player get their timesheets filled out on a daily basis. A Lead Role Player must also perform all the requirements of a regular Role Player. Qualifications: Lead Role Player shall be physically capable of performing their assigned work under normally anticipated climate conditions, such as extreme weather conditions (snow, sleet, rain, heat humidity, etc.) Role players shall be physically capable of walking and standing for extended period of time, be able to carry up to 20 pounds, operate radios, and be capable of performing duties in a military environment: With training, be able to safely operated blank-firing weapons. Other Qualifications: Preferred Military Experience/Former Non- Commissioned Officer. Candidates must be eligible to work in the United States, provide proof of legal residency and will be subject to background checks. Role Players are subject to and shall agree to all required and desired pre-employment background checks and screening, and agree to random on demand substance abuse checks.