DOCUMENT
H -- UST AND AST TESTING & INSPECTION OF FUEL STRGE TANKS - Attachment
- Notice Date
- 10/23/2014
- Notice Type
- Attachment
- NAICS
- 541380
— Testing Laboratories
- Contracting Office
- Department of Veterans Affairs;VA Caribbean Healthcare System;Administrative Building;#10 Calle Casia Suite #4M440;San Juan PR 00921-3201
- ZIP Code
- 00921-3201
- Solicitation Number
- VA24815R0098
- Response Due
- 11/13/2014
- Archive Date
- 11/19/2014
- Point of Contact
- Mary Jane Gugliano
- E-Mail Address
-
mary.gugliano@va.gov
(mary.gugliano@va.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- Amendment to add to the VA248-15-R-0098 Wage determination No. 2005-2461 WD 05-2461 (Rev.-16) was first posted on www.wdol.gov on 08/05/2014 ************************************************************************************ 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.: 2005-2461 Diane C. Koplewski Division of | Revision No.: 16 Director Wage Determinations| Date Of Revision: 07/25/2014 _______________________________________|____________________________________________ State: Puerto Rico Area: Puerto Rico Statewide ____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 9.72 01012 - Accounting Clerk II 11.73 01013 - Accounting Clerk III 14.27 01020 - Administrative Assistant 13.07 01040 - Court Reporter 13.69 01051 - Data Entry Operator I 8.71 01052 - Data Entry Operator II 9.96 01060 - Dispatcher, Motor Vehicle 10.80 01070 - Document Preparation Clerk 10.32 01090 - Duplicating Machine Operator 10.32 01111 - General Clerk I 8.99 01112 - General Clerk II 9.81 01113 - General Clerk III 11.29 01120 - Housing Referral Assistant 13.48 01141 - Messenger Courier 8.26 01191 - Order Clerk I 9.94 01192 - Order Clerk II 10.85 01261 - Personnel Assistant (Employment) I 10.82 01262 - Personnel Assistant (Employment) II 12.10 01263 - Personnel Assistant (Employment) III 13.50 01270 - Production Control Clerk 14.78 01280 - Receptionist 7.99 01290 - Rental Clerk 8.04 01300 - Scheduler, Maintenance 9.05 01311 - Secretary I 9.05 01312 - Secretary II 10.34 01313 - Secretary III 13.48 01320 - Service Order Dispatcher 10.23 01410 - Supply Technician 13.32 01420 - Survey Worker 9.33 01531 - Travel Clerk I 11.37 01532 - Travel Clerk II 12.51 01533 - Travel Clerk III 13.79 01611 - Word Processor I 9.84 01612 - Word Processor II 11.05 01613 - Word Processor III 12.36 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 13.01 05010 - Automotive Electrician 12.45 05040 - Automotive Glass Installer 11.87 05070 - Automotive Worker 11.87 05110 - Mobile Equipment Servicer 10.74 05130 - Motor Equipment Metal Mechanic 13.01 05160 - Motor Equipment Metal Worker 11.87 05190 - Motor Vehicle Mechanic 13.01 05220 - Motor Vehicle Mechanic Helper 10.14 05250 - Motor Vehicle Upholstery Worker 11.63 05280 - Motor Vehicle Wrecker 11.87 05310 - Painter, Automotive 13.70 05340 - Radiator Repair Specialist 11.87 05370 - Tire Repairer 9.43 05400 - Transmission Repair Specialist 13.01 07000 - Food Preparation And Service Occupations 07010 - Baker 8.02 07041 - Cook I 7.31 07042 - Cook II 8.02 07070 - Dishwasher 7.25 07130 - Food Service Worker 7.58 07210 - Meat Cutter 8.20 07260 - Waiter/Waitress 7.25 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 12.45 09040 - Furniture Handler 8.60 09080 - Furniture Refinisher 12.45 09090 - Furniture Refinisher Helper 10.14 09110 - Furniture Repairer, Minor 11.67 09130 - Upholsterer 12.45 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 7.98 11060 - Elevator Operator 7.79 11090 - Gardener 7.79 11122 - Housekeeping Aide 7.79 11150 - Janitor 7.79 11210 - Laborer, Grounds Maintenance 7.67 11240 - Maid or Houseman 7.25 11260 - Pruner 9.75 11270 - Tractor Operator 9.15 11330 - Trail Maintenance Worker 7.67 11360 - Window Cleaner 8.30 12000 - Health Occupations 12010 - Ambulance Driver 10.93 12011 - Breath Alcohol Technician 10.07 12012 - Certified Occupational Therapist Assistant 12.56 12015 - Certified Physical Therapist Assistant 9.05 12020 - Dental Assistant 10.93 12025 - Dental Hygienist 16.11 12030 - EKG Technician 11.22 12035 - Electroneurodiagnostic Technologist 11.22 12040 - Emergency Medical Technician 10.93 12071 - Licensed Practical Nurse I 9.07 12072 - Licensed Practical Nurse II 10.14 12073 - Licensed Practical Nurse III 11.93 12100 - Medical Assistant 11.83 12130 - Medical Laboratory Technician 10.75 12160 - Medical Record Clerk 10.61 12190 - Medical Record Technician 14.10 12195 - Medical Transcriptionist 10.82 12210 - Nuclear Medicine Technologist 16.93 12221 - Nursing Assistant I 7.86 12222 - Nursing Assistant II 8.84 12223 - Nursing Assistant III 9.64 12224 - Nursing Assistant IV 10.82 12235 - Optical Dispenser 10.16 12236 - Optical Technician 10.16 12250 - Pharmacy Technician 13.41 12280 - Phlebotomist 10.82 12305 - Radiologic Technologist 11.81 12311 - Registered Nurse I 13.59 12312 - Registered Nurse II 16.62 12313 - Registered Nurse II, Specialist 16.62 12314 - Registered Nurse III 20.11 12315 - Registered Nurse III, Anesthetist 20.11 12316 - Registered Nurse IV 24.10 12317 - Scheduler (Drug and Alcohol Testing) 12.57 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 12.32 13012 - Exhibits Specialist II 14.97 13013 - Exhibits Specialist III 18.31 13041 - Illustrator I 13.55 13042 - Illustrator II 15.85 13043 - Illustrator III 19.07 13047 - Librarian 16.59 13050 - Library Aide/Clerk 9.78 13054 - Library Information Technology Systems 13.61 Administrator 13058 - Library Technician 10.27 13061 - Media Specialist I 10.97 13062 - Media Specialist II 12.28 13063 - Media Specialist III 13.69 13071 - Photographer I 13.83 13072 - Photographer II 15.67 13073 - Photographer III 17.78 13074 - Photographer IV 23.75 13075 - Photographer V 27.73 13110 - Video Teleconference Technician 11.25 14000 - Information Technology Occupations 14041 - Computer Operator I 10.09 14042 - Computer Operator II 11.29 14043 - Computer Operator III 13.95 14044 - Computer Operator IV 18.82 14045 - Computer Operator V 20.84 14071 - Computer Programmer I 16.35 14072 - Computer Programmer II 20.85 14073 - Computer Programmer III 24.85 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I 23.61 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 10.09 14160 - Personal Computer Support Technician 19.66 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 25.61 15020 - Aircrew Training Devices Instructor (Rated) 28.56 15030 - Air Crew Training Devices Instructor (Pilot) 34.23 15050 - Computer Based Training Specialist / Instructor 24.52 15060 - Educational Technologist 22.64 15070 - Flight Instructor (Pilot) 34.23 15080 - Graphic Artist 16.96 15090 - Technical Instructor 14.07 15095 - Technical Instructor/Course Developer 19.06 15110 - Test Proctor 11.36 15120 - Tutor 11.36 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 8.81 16030 - Counter Attendant 8.81 16040 - Dry Cleaner 9.70 16070 - Finisher, Flatwork, Machine 8.81 16090 - Presser, Hand 8.81 16110 - Presser, Machine, Drycleaning 8.81 16130 - Presser, Machine, Shirts 8.81 16160 - Presser, Machine, Wearing Apparel, Laundry 8.81 16190 - Sewing Machine Operator 10.01 16220 - Tailor 10.29 16250 - Washer, Machine 9.11 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 11.73 19040 - Tool And Die Maker 13.49 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 9.66 21030 - Material Coordinator 14.78 21040 - Material Expediter 14.78 21050 - Material Handling Laborer 8.81 21071 - Order Filler 8.26 21080 - Production Line Worker (Food Processing) 9.66 21110 - Shipping Packer 10.31 21130 - Shipping/Receiving Clerk 10.31 21140 - Store Worker I 8.05 21150 - Stock Clerk 10.92 21210 - Tools And Parts Attendant 9.66 21410 - Warehouse Specialist 9.66 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 26.62 23021 - Aircraft Mechanic I 25.33 23022 - Aircraft Mechanic II 26.62 23023 - Aircraft Mechanic III 27.73 23040 - Aircraft Mechanic Helper 19.67 23050 - Aircraft, Painter 19.10 23060 - Aircraft Servicer 22.57 23080 - Aircraft Worker 23.04 23110 - Appliance Mechanic 14.17 23120 - Bicycle Repairer 9.43 23125 - Cable Splicer 16.87 23130 - Carpenter, Maintenance 12.45 23140 - Carpet Layer 12.30 23160 - Electrician, Maintenance 11.94 23181 - Electronics Technician Maintenance I 13.28 23182 - Electronics Technician Maintenance II 14.32 23183 - Electronics Technician Maintenance III 15.03 23260 - Fabric Worker 12.56 23290 - Fire Alarm System Mechanic 13.66 23310 - Fire Extinguisher Repairer 12.03 23311 - Fuel Distribution System Mechanic 14.78 23312 - Fuel Distribution System Operator 12.12 23370 - General Maintenance Worker 11.88 23380 - Ground Support Equipment Mechanic 25.33 23381 - Ground Support Equipment Servicer 22.57 23382 - Ground Support Equipment Worker 23.04 23391 - Gunsmith I 11.08 23392 - Gunsmith II 12.30 23393 - Gunsmith III 13.66 23410 - Heating, Ventilation And Air-Conditioning 13.01 Mechanic 23411 - Heating, Ventilation And Air Contditioning 13.66 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 13.01 23440 - Heavy Equipment Operator 13.01 23460 - Instrument Mechanic 16.42 23465 - Laboratory/Shelter Mechanic 13.00 23470 - Laborer 8.81 23510 - Locksmith 11.48 23530 - Machinery Maintenance Mechanic 14.62 23550 - Machinist, Maintenance 12.56 23580 - Maintenance Trades Helper 9.63 23591 - Metrology Technician I 16.42 23592 - Metrology Technician II 17.26 23593 - Metrology Technician III 17.98 23640 - Millwright 18.02 23710 - Office Appliance Repairer 12.34 23760 - Painter, Maintenance 12.45 23790 - Pipefitter, Maintenance 13.01 23810 - Plumber, Maintenance 12.45 23820 - Pneudraulic Systems Mechanic 13.66 23850 - Rigger 14.18 23870 - Scale Mechanic 13.35 23890 - Sheet-Metal Worker, Maintenance 13.01 23910 - Small Engine Mechanic 12.58 23931 - Telecommunications Mechanic I 16.40 23932 - Telecommunications Mechanic II 17.14 23950 - Telephone Lineman 16.14 23960 - Welder, Combination, Maintenance 13.01 23965 - Well Driller 13.07 23970 - Woodcraft Worker 13.66 23980 - Woodworker 10.74 24000 - Personal Needs Occupations 24570 - Child Care Attendant 8.86 24580 - Child Care Center Clerk 10.61 24610 - Chore Aide 7.25 24620 - Family Readiness And Support Services 10.24 Coordinator 24630 - Homemaker 11.83 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 17.26 25040 - Sewage Plant Operator 13.50 25070 - Stationary Engineer 17.26 25190 - Ventilation Equipment Tender 10.95 25210 - Water Treatment Plant Operator 12.56 27000 - Protective Service Occupations 27004 - Alarm Monitor 8.47 27007 - Baggage Inspector 7.62 27008 - Corrections Officer 11.65 27010 - Court Security Officer 11.89 27030 - Detection Dog Handler 8.52 27040 - Detention Officer 11.65 27070 - Firefighter 11.12 27101 - Guard I 7.62 27102 - Guard II 8.52 27131 - Police Officer I 12.95 27132 - Police Officer II 14.38 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 8.15 28042 - Carnival Equipment Repairer 8.57 28043 - Carnival Equpment Worker 7.63 28210 - Gate Attendant/Gate Tender 12.73 28310 - Lifeguard 10.54 28350 - Park Attendant (Aide) 14.24 28510 - Recreation Aide/Health Facility Attendant 8.86 28515 - Recreation Specialist 13.00 28630 - Sports Official 11.10 28690 - Swimming Pool Operator 12.07 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 13.18 29020 - Hatch Tender 13.18 29030 - Line Handler 13.18 29041 - Stevedore I 11.23 29042 - Stevedore II 13.36 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.77 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.66 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 - Archeological Technician I 12.51 30022 - Archeological Technician II 12.83 30023 - Archeological Technician III 17.33 30030 - Cartographic Technician 17.33 30040 - Civil Engineering Technician 14.98 30061 - Drafter/CAD Operator I 12.51 30062 - Drafter/CAD Operator II 14.09 30063 - Drafter/CAD Operator III 15.60 30064 - Drafter/CAD Operator IV 19.20 30081 - Engineering Technician I 13.01 30082 - Engineering Technician II 14.62 30083 - Engineering Technician III 16.34 30084 - Engineering Technician IV 20.24 30085 - Engineering Technician V 24.76 30086 - Engineering Technician VI 30.37 30090 - Environmental Technician 14.81 30210 - Laboratory Technician 15.91 30240 - Mathematical Technician 17.33 30361 - Paralegal/Legal Assistant I 13.40 30362 - Paralegal/Legal Assistant II 16.60 30363 - Paralegal/Legal Assistant III 20.31 30364 - Paralegal/Legal Assistant IV 24.57 30390 - Photo-Optics Technician 18.24 30461 - Technical Writer I 17.95 30462 - Technical Writer II 21.69 30463 - Technical Writer III 25.29 30491 - Unexploded Ordnance (UXO) Technician I 22.74 30492 - Unexploded Ordnance (UXO) Technician II 27.51 30493 - Unexploded Ordnance (UXO) Technician III 32.97 30494 - Unexploded (UXO) Safety Escort 22.74 30495 - Unexploded (UXO) Sweep Personnel 22.74 30620 - Weather Observer, Combined Upper Air Or (see 2) 15.60 Surface Programs 30621 - Weather Observer, Senior (see 2) 17.33 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 7.72 31030 - Bus Driver 10.47 31043 - Driver Courier 7.44 31260 - Parking and Lot Attendant 7.25 31290 - Shuttle Bus Driver 8.04 31310 - Taxi Driver 9.08 31361 - Truckdriver, Light 8.04 31362 - Truckdriver, Medium 9.96 31363 - Truckdriver, Heavy 10.57 31364 - Truckdriver, Tractor-Trailer 10.57 99000 - Miscellaneous Occupations 99030 - Cashier 7.25 99050 - Desk Clerk 7.68 99095 - Embalmer 21.06 99251 - Laboratory Animal Caretaker I 8.45 99252 - Laboratory Animal Caretaker II 8.37 99310 - Mortician 21.06 99410 - Pest Controller 10.20 99510 - Photofinishing Worker 10.85 99710 - Recycling Laborer 8.72 99711 - Recycling Specialist 10.40 99730 - Refuse Collector 7.88 99810 - Sales Clerk 8.09 99820 - School Crossing Guard 13.81 99830 - Survey Party Chief 11.06 99831 - Surveying Aide 9.24 99832 - Surveying Technician 10.06 99840 - Vending Machine Attendant 9.21 99841 - Vending Machine Repairer 10.22 99842 - Vending Machine Repairer Helper 10.04 ____________________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $4.02 per hour or $160.80 per week or $696.79 per month VACATION: 3 weeks paid vacation after 1 year of service with a contractor or successor; 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. (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, Good Friday, 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) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty 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). 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 ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, 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 regrading 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 ordance, (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 ordance, 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 ordance, 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. ** 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. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol. gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/. 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. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (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 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, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4). 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 insure 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.
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