WAGE_DETERMINATION_2015-4145_REV_12_27APR2020.pdf

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Refuse & Recycling at Nichols, NY Federal contract opportunity
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W15QKN-20-Q-5209
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Department of the Army Materiel Command Contracting Command Picatinny Arsenal

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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.: 2015-4145 Daniel W. Simms Division of | Revision No.: 12 Director Wage Determinations| Date Of Last Revision: 04/27/2020 Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.80 for calendar year 2020 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 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 $10.80 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 2020. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: New York

Area: New York Counties of Broome Tioga

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.22 01012 - Accounting Clerk II 15.96 01013 - Accounting Clerk III 17.86 01020 - Administrative Assistant 29.91 01035 - Court Reporter 18.96 01041 - Customer Service Representative I 12.74 01042 - Customer Service Representative II 14.32 01043 - Customer Service Representative III 15.62 01051 - Data Entry Operator I 13.55 01052 - Data Entry Operator II 14.78 01060 - Dispatcher Motor Vehicle 17.56 01070 - Document Preparation Clerk 15.39 01090 - Duplicating Machine Operator 15.39 01111 - General Clerk I 13.51 01112 - General Clerk II 14.74 01113 - General Clerk III 16.54 01120 - Housing Referral Assistant 20.33 01141 - Messenger Courier 14.48

01191 - Order Clerk I 16.32 01192 - Order Clerk II 17.80 01261 - Personnel Assistant (Employment) I 16.29 01262 - Personnel Assistant (Employment) II 18.23 01263 - Personnel Assistant (Employment) III 20.32 01270 - Production Control Clerk 23.45 01290 - Rental Clerk 15.01 01300 - Scheduler Maintenance 16.30 01311 - Secretary I 16.30 01312 - Secretary II 18.24 01313 - Secretary III 20.33 01320 - Service Order Dispatcher 15.36 01410 - Supply Technician 29.91 01420 - Survey Worker 17.29 01460 - Switchboard Operator/Receptionist 13.55 01531 - Travel Clerk I 11.42 01532 - Travel Clerk II 12.32 01533 - Travel Clerk III 13.23 01611 - Word Processor I 14.57 01612 - Word Processor II 16.35 01613 - Word Processor III 18.30 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer Fiberglass 23.28 05010 - Automotive Electrician 18.24 05040 - Automotive Glass Installer 17.63 05070 - Automotive Worker 17.63 05110 - Mobile Equipment Servicer 16.32 05130 - Motor Equipment Metal Mechanic 18.96 05160 - Motor Equipment Metal Worker 17.63 05190 - Motor Vehicle Mechanic 17.80 05220 - Motor Vehicle Mechanic Helper 15.63 05250 - Motor Vehicle Upholstery Worker 16.95 05280 - Motor Vehicle Wrecker 17.63 05310 - Painter Automotive 18.24 05340 - Radiator Repair Specialist 17.63 05370 - Tire Repairer 14.34 05400 - Transmission Repair Specialist 18.96 07000 - Food Preparation And Service Occupations 07010 - Baker 11.97 07041 - Cook I 12.80 07042 - Cook II 14.32 07070 - Dishwasher 11.89 07130 - Food Service Worker 12.11 07210 - Meat Cutter 19.12 07260 - Waiter/Waitress 12.09 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 22.12 09040 - Furniture Handler 17.64 09080 - Furniture Refinisher 24.33 09090 - Furniture Refinisher Helper 20.76 09110 - Furniture Repairer Minor 22.57 09130 - Upholsterer 26.28 11000 - General Services And Support Occupations 11030 - Cleaner Vehicles 14.05 11060 - Elevator Operator 12.27 11090 - Gardener 15.81

11122 - Housekeeping Aide 12.27 11150 - Janitor 12.27 11210 - Laborer Grounds Maintenance 13.57 11240 - Maid or Houseman 11.88 11260 - Pruner 17.78 11270 - Tractor Operator 15.98 11330 - Trail Maintenance Worker 13.57 11360 - Window Cleaner 13.49 12000 - Health Occupations 12010 - Ambulance Driver 18.41 12011 - Breath Alcohol Technician 18.41 12012 - Certified Occupational Therapist Assistant 25.80 12015 - Certified Physical Therapist Assistant 24.70 12020 - Dental Assistant 16.77 12025 - Dental Hygienist 29.76 12030 - EKG Technician 28.50 12035 - Electroneurodiagnostic Technologist 28.50 12040 - Emergency Medical Technician 18.41 12071 - Licensed Practical Nurse I 16.81 12072 - Licensed Practical Nurse II 18.81 12073 - Licensed Practical Nurse III 20.97 12100 - Medical Assistant 15.66 12130 - Medical Laboratory Technician 25.52 12160 - Medical Record Clerk 15.44 12190 - Medical Record Technician 19.56 12195 - Medical Transcriptionist 20.42 12210 - Nuclear Medicine Technologist 41.33 12221 - Nursing Assistant I 11.48 12222 - Nursing Assistant II 12.90 12223 - Nursing Assistant III 14.07 12224 - Nursing Assistant IV 15.80 12235 - Optical Dispenser 21.31 12236 - Optical Technician 16.81 12250 - Pharmacy Technician 15.82 12280 - Phlebotomist 16.81 12305 - Radiologic Technologist 30.48 12311 - Registered Nurse I 23.76 12312 - Registered Nurse II 29.06 12313 - Registered Nurse II Specialist 29.06 12314 - Registered Nurse III 35.16 12315 - Registered Nurse III Anesthetist 35.16 12316 - Registered Nurse IV 42.15 12317 - Scheduler (Drug and Alcohol Testing) 23.30 12320 - Substance Abuse Treatment Counselor 23.03 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 20.16 13012 - Exhibits Specialist II 24.96 13013 - Exhibits Specialist III 30.53 13041 - Illustrator I 20.16 13042 - Illustrator II 24.96 13043 - Illustrator III 30.53 13047 - Librarian 27.64 13050 - Library Aide/Clerk 13.40 13054 - Library Information Technology Systems 24.96 Administrator 13058 - Library Technician 14.40

13061 - Media Specialist I 18.01 13062 - Media Specialist II 20.16 13063 - Media Specialist III 22.46 13071 - Photographer I 17.01 13072 - Photographer II 19.02 13073 - Photographer III 23.57 13074 - Photographer IV 28.83 13075 - Photographer V 34.88 13090 - Technical Order Library Clerk 16.83 13110 - Video Teleconference Technician 17.43 14000 - Information Technology Occupations 14041 - Computer Operator I 15.89 14042 - Computer Operator II 17.78 14043 - Computer Operator III 19.82 14044 - Computer Operator IV 23.63 14045 - Computer Operator V 27.62 14071 - Computer Programmer I (see 1) 21.32 14072 - Computer Programmer II (see 1) 26.42 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II 14103 - Computer Systems Analyst III 14150 - Peripheral Equipment Operator 15.89 14160 - Personal Computer Support Technician 24.05 14170 - System Support Specialist 29.85 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 28.61 15020 - Aircrew Training Devices Instructor (Rated) 34.61 15030 - Air Crew Training Devices Instructor (Pilot) 41.48 15050 - Computer Based Training Specialist / Instructor 27.87 15060 - Educational Technologist 28.92 15070 - Flight Instructor (Pilot) 41.48 15080 - Graphic Artist 22.64 15085 - Maintenance Test Pilot Fixed Jet/Prop 41.48 15086 - Maintenance Test Pilot Rotary Wing 41.48 15088 - Non-Maintenance Test/Co-Pilot 41.48 15090 - Technical Instructor 20.41 15095 - Technical Instructor/Course Developer 24.97 15110 - Test Proctor 16.48 15120 - Tutor 16.48 16000 - Laundry Dry-Cleaning Pressing And Related Occupations 16010 - Assembler 12.90 16030 - Counter Attendant 12.90 16040 - Dry Cleaner 14.73 16070 - Finisher Flatwork Machine 12.90 16090 - Presser Hand 12.90 16110 - Presser Machine Drycleaning 12.90 16130 - Presser Machine Shirts 12.90 16160 - Presser Machine Wearing Apparel Laundry 12.90 16190 - Sewing Machine Operator 15.34 16220 - Tailor 15.99 16250 - Washer Machine 13.51 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 25.14 19040 - Tool And Die Maker 27.21

21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 18.87 21030 - Material Coordinator 23.45 21040 - Material Expediter 23.45 21050 - Material Handling Laborer 13.66 21071 - Order Filler 13.99 21080 - Production Line Worker (Food Processing) 18.87 21110 - Shipping Packer 16.67 21130 - Shipping/Receiving Clerk 16.67 21140 - Store Worker I 14.45 21150 - Stock Clerk 19.13 21210 - Tools And Parts Attendant 18.87 21410 - Warehouse Specialist 18.87 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 28.53 23019 - Aircraft Logs and Records Technician 23.50 23021 - Aircraft Mechanic I 27.49 23022 - Aircraft Mechanic II 28.53 23023 - Aircraft Mechanic III 29.52 23040 - Aircraft Mechanic Helper 20.76 23050 - Aircraft Painter 26.28 23060 - Aircraft Servicer 23.50 23070 - Aircraft Survival Flight Equipment Technician 26.28 23080 - Aircraft Worker 24.97 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 24.97 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 27.49

II

23110 - Appliance Mechanic 26.28 23120 - Bicycle Repairer 22.33 23125 - Cable Splicer 36.86 23130 - Carpenter Maintenance 26.61 23140 - Carpet Layer 24.97 23160 - Electrician Maintenance 30.56 23181 - Electronics Technician Maintenance I 25.86 23182 - Electronics Technician Maintenance II 26.97 23183 - Electronics Technician Maintenance 23260 - Fabric Worker 23.50 23290 - Fire Alarm System Mechanic 25.69 23310 - Fire Extinguisher Repairer 22.33 23311 - Fuel Distribution System Mechanic 34.02 23312 - Fuel Distribution System Operator 28.12 23370 - General Maintenance Worker 17.97 23380 - Ground Support Equipment Mechanic 27.49 23381 - Ground Support Equipment Servicer 23.50 23382 - Ground Support Equipment Worker 24.97 23391 - Gunsmith I 22.33 23392 - Gunsmith II 24.97 23393 - Gunsmith III 27.49 23410 - Heating Ventilation And Air-Conditioning 25.86 Mechanic 23411 - Heating Ventilation And Air Contidioning 26.84 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 25.67 23440 - Heavy Equipment Operator 30.39 23460 - Instrument Mechanic 27.49

23465 - Laboratory/Shelter Mechanic 26.28 23470 - Laborer 13.60 23510 - Locksmith 26.28 23530 - Machinery Maintenance Mechanic 26.41 23550 - Machinist Maintenance 20.79 23580 - Maintenance Trades Helper 18.69 23591 - Metrology Technician I 27.49 23592 - Metrology Technician II 28.53 23593 - Metrology Technician III 29.52 23640 - Millwright 27.49 23710 - Office Appliance Repairer 20.09 23760 - Painter Maintenance 19.60 23790 - Pipefitter Maintenance 27.88 23810 - Plumber Maintenance 25.73 23820 - Pneudraulic Systems Mechanic 27.49 23850 - Rigger 27.49 23870 - Scale Mechanic 24.97 23890 - Sheet-Metal Worker Maintenance 26.58 23910 - Small Engine Mechanic 22.09 23931 - Telecommunications Mechanic I 29.92 23932 - Telecommunications Mechanic II 31.05 23950 - Telephone Lineman 25.89 23960 - Welder Combination Maintenance 18.96 23965 - Well Driller 27.49 23970 - Woodcraft Worker 27.49 23980 - Woodworker 22.33 24000 - Personal Needs Occupations 24550 - Case Manager 15.05 24570 - Child Care Attendant 13.09 24580 - Child Care Center Clerk 16.34 24610 - Chore Aide 12.41 24620 - Family Readiness And Support Services 15.05 Coordinator 24630 - Homemaker 15.05 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 27.78 25040 - Sewage Plant Operator 24.73 25070 - Stationary Engineer 27.78 25190 - Ventilation Equipment Tender 21.06 25210 - Water Treatment Plant Operator 24.73 27000 - Protective Service Occupations 27004 - Alarm Monitor 23.97 27007 - Baggage Inspector 15.27 27008 - Corrections Officer 29.19 27010 - Court Security Officer 28.93 27030 - Detection Dog Handler 17.09 27040 - Detention Officer 29.19 27070 - Firefighter 33.12 27101 - Guard I 15.27 27102 - Guard II 17.09 27131 - Police Officer I 30.10 27132 - Police Officer II 33.45 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 15.98 28042 - Carnival Equipment Repairer 17.19 28043 - Carnival Worker 12.35

28210 - Gate Attendant/Gate Tender 14.97 28310 - Lifeguard 12.07 28350 - Park Attendant (Aide) 16.76 28510 - Recreation Aide/Health Facility Attendant 12.23 28515 - Recreation Specialist 20.75 28630 - Sports Official 13.34 28690 - Swimming Pool Operator 19.22 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 24.97 29020 - Hatch Tender 24.97 29030 - Line Handler 24.97 29041 - Stevedore I 23.50 29042 - Stevedore II 26.28 30000 - Technical Occupations 30010 - Air Traffic Control Specialist Center (HFO) (see 2) 39.89 30011 - Air Traffic Control Specialist Station (HFO) (see 2) 27.50 30012 - Air Traffic Control Specialist Terminal (HFO) (see 2) 30.29 30021 - Archeological Technician I 16.43 30022 - Archeological Technician II 19.13 30023 - Archeological Technician III 22.39 30030 - Cartographic Technician 23.74 30040 - Civil Engineering Technician 24.20 30051 - Cryogenic Technician I 25.23 30052 - Cryogenic Technician II 27.38 30061 - Drafter/CAD Operator I 16.43 30062 - Drafter/CAD Operator II 19.13 30063 - Drafter/CAD Operator III 21.29 30064 - Drafter/CAD Operator IV 25.23 30081 - Engineering Technician I 15.83 30082 - Engineering Technician II 17.77 30083 - Engineering Technician III 19.93 30084 - Engineering Technician IV 24.63 30085 - Engineering Technician V 30.12 30086 - Engineering Technician VI 36.44 30090 - Environmental Technician 22.39 30095 - Evidence Control Specialist 22.39 30210 - Laboratory Technician 20.15 30221 - Latent Fingerprint Technician I 24.80 30222 - Latent Fingerprint Technician II 27.38 30240 - Mathematical Technician 23.49 30361 - Paralegal/Legal Assistant I 18.56 30362 - Paralegal/Legal Assistant II 22.99 30363 - Paralegal/Legal Assistant III 28.12 30364 - Paralegal/Legal Assistant IV 34.02 30375 - Petroleum Supply Specialist 27.38 30390 - Photo-Optics Technician 23.49 30395 - Radiation Control Technician 27.38 30461 - Technical Writer I 24.16 30462 - Technical Writer II 29.56 30463 - Technical Writer III 35.76 30491 - Unexploded Ordnance (UXO) Technician I 25.35 30492 - Unexploded Ordnance (UXO) Technician II 30.67 30493 - Unexploded Ordnance (UXO) Technician III 36.76 30494 - Unexploded (UXO) Safety Escort 25.35 30495 - Unexploded (UXO) Sweep Personnel 25.35 30501 - Weather Forecaster I 25.23

30502 - Weather Forecaster II 30.53 30620 - Weather Observer Combined Upper Air Or (see 2) 21.29 Surface Programs 30621 - Weather Observer Senior (see 2) 22.77 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 30.67 31020 - Bus Aide 15.05 31030 - Bus Driver 20.06 31043 - Driver Courier 13.92 31260 - Parking and Lot Attendant 12.05 31290 - Shuttle Bus Driver 14.97 31310 - Taxi Driver 12.94 31361 - Truckdriver Light 14.97 31362 - Truckdriver Medium 17.61 31363 - Truckdriver Heavy 20.82 31364 - Truckdriver Tractor-Trailer 20.82 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 14.95 99030 - Cashier 11.77 99050 - Desk Clerk 12.47 99095 - Embalmer 30.02 99130 - Flight Follower 25.35 99251 - Laboratory Animal Caretaker I 14.05 99252 - Laboratory Animal Caretaker II 15.10 99260 - Marketing Analyst 31.70 99310 - Mortician 30.02 99410 - Pest Controller 23.06 99510 - Photofinishing Worker 13.32 99710 - Recycling Laborer 17.60 99711 - Recycling Specialist 20.72 99730 - Refuse Collector 16.01 99810 - Sales Clerk 12.06 99820 - School Crossing Guard 13.18 99830 - Survey Party Chief 25.36 99831 - Surveying Aide 15.24 99832 - Surveying Technician 20.85 99840 - Vending Machine Attendant 20.72 99841 - Vending Machine Repairer 24.92 99842 - Vending Machine Repairer Helper 20.72

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: $4.54 per hour up to 40 hours per week or $181.60 per week or $786.93 per month

HEALTH & WELFARE EO 13706: $4.22 per hour up to 40 hours per week or $168.80 per week or $731.47 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 8 years 4 weeks after 15 years and 5 weeks after 25 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 ten paid holidays per year: New Year's Day Martin Luther King Jr.'s Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE

FOLLOWING:

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

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))."

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