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Kinney County, Addendum to 2nd Agreement (GEO, CEC), 2017

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ADDENDUM TO SECOND AMENDED AND RESTATED
FACILITY OPERATION AND MANAGEMENT AGREEMENT
(Kinney County Detention Center)
This Addendum to Second Amended and Restated Facility Operation and Management Agreement
(hereinafter "Addendum") is entered into by anµ between KINNEY COUNTY, TEXAS (hereinafter
"County") arid COMMUNITY EDUCATION CENTERS, INC., (hereinafter called "Operator") to
become effective on the date signed.
WHEREAS, the Operator operates the Kinney County secure detention facility ("Facility") for the
County U11der a Second Amended and Restated Facility Operation and Management Agreement (hereinafter
"Operating Agreement'') dated April 1, 2012; and
WHEREAS, the Operator and County now desire to enter into an Addendum of the Second
Amended and Restated Facility Operation and Management Agreement to modify and adjust for the
increased cost to the Operator offederal wage implementation.
NOW, THEREFORE, in consideration of the mutual rights, benefits and obligations herein
exchanged, the parties do covenant, agree and bind themselves as follows:
Section 3.04 (a) of the Second Amended and Restated Facility Operation and Management
1.
Agreement is hereby amended to read as follows:
(ii)

The per diem paid by the United States Marshals Service ("USMS") to the County
under the IGA. has been increased from $55.00 to $74.25 to account for the
increased cost to the Operator attributable to the higher wages required to be paid
by the Operator pursuant to the Department of Labor Wage Detennination in
accordance with Modification No. 7 to Intergovernmental Agreement No. 80-050010. To pass through that reimbursement of cost, Operator is to receive the
$1925 adjustment as a supplemental per diem fee for USMS inmates. This
supplemental fee may increase or decrease in the future depending on the
applicable wage determinations of the DOL. JN ALL CIRCUMSTANCES,
payment of this supplemental fee is conditioned on actual receipt by the County of
the funds therefore from the USMS. [This is retroactive to the date that the County
began receiving_the $74.25 per diem from USMS]

2.

Section 14.04 is added relating to the Service Contract Act:

"14.04 FEDERAL SERVICE CONTRACT ACT. This contract is subject to the Service
Contract Act of 1965, as amended (41 U.S.C. 351 et seq.) and is subject all applicable
provisions of the Act and regulations of the Secretary of Labor issued thereunder
(29 CFR part 4). The full text of clauses of the Act is attached hereto as Exhibit A.
Addendum No. 2017-1."

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Section 14.05 is added:

"14.05 WAGE DETERMINATIONS. Wage Determination 2005-2521, Revision 17,
dated 07/08/2015 and Wage Determination 2015-5303, Revision 1, dated
02/18/2016 are attached hereto as Exhibit B. Addendum No. 2017-1. These are
the Wage Detenninations that have been incorporated into the United States
Marshal's Service IGA with the County. Operator agrees to compensate its
employees in accordance with the Wage Dete1minations, or any future
addendum or revision thereto by the Department of Labor. Upon receipt of a new
Wage Detennination, it shall be Operator's duty and responsibility to comply
with the requirements of 48 CFR 52.222-43 or other provisions of law or the
IGA in notifying the USMS of any increase or decrease to wages or fringe
benefits created by a new Wage Determination, the change in the USMS rate
requested, and other information required by regulation or the IGA. Operator
shall be responsible for undertaking all efforts to obtain the rate adjustments
needed in conjunction with Wage Detenninations received. OPERATOR
HOLDS TIIE COUNTY AND ITS OFFICERS AND E MPLOYEES
HARMLESS AND INDEMNIFIES THE COUNTY AND ITS OFFICERS AND
EMPLOYEES AGAINST LIABILITY OR PENALTY FOR NON­
COMPLIANCE WITH THE SERVICE CONTRACT ACT, THE FAIR LABOR
STANDARDS ACT, OR FEDERAL ACQUISITION REQUIREMENTS.
INCREASED LABOR COSTS WITHOUT A CORRESPONDING RATE
INCREASE UNDER THE IGA MUST BE ABSORBED BY THE OPERATOR
IF CAUSED IN WHOLE OR IN PART BY THE OPERATOR'S FAILURE TO
COMPLY WITH THE APPLICABLE REQUIREMENTS. All persons
providing services to carry out the IGA with the USMS are employees of the
Operator and are not employees of the County. Operator shall be solely
responsible for assuring that its employees are compensated in accordance with
all applicable laws, regulations, and IGA provisions. Any FAR, Service Contract
Act or other requirements contained in the IGA are incorporated herein, and
shall be met and complied with by the Operator.
4.
Equitable Adjustment. The USMS through Modification No. 7 to its Intergovernmental
Agreement No. 80-05-010 effective· as of November 27, 2016 has approved the payment of an equitable
adjustment to effect a lump sum payment for the period of time from April 2LI-, 2016 to November 26, 2016
in the amount of $1,428,111.50 ("Fund"). This amount has been agreed to as the full amount due to
Operator for increased wage costs incurred and paid to its employees from April 24, 2016 through
November 22, 2016. Operator acknowledges that the County is acting as a conduit of the Fund
from the USMS to the Operator, and that neither the payment of the Fund to the County, nor
distribution of the Fund under this Agreement to the Operator, is an admission by the County that
either it or the Kinney County Public Facility Corporation has, or has ever had, any liability or
responsibility for the matters giving rise to the payment of the Fund by the USMS. Operator
acknowledges that the County has not waived, and remains fully entitled to, all indemnifications
and promises by the Operator set forth in the operation and. management agreements. Operator
acknowledges that it is; and always has been, responsible for operating the Facility in compliance
with applicable laws and any provisions of prisoner housing contracts, such as the IGA. Operator
further acknowledges that, by contract, it has indemnified and heid harmless, and continues to
indemnify and hold harmless, the County against any claims or liability arising from its operation
of the Facility---including claims with regard to Operator's compensation o f its employees under
2

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the Fair Labor Standards Act, the Service Conh·act Act, or any Federal Acquisition Requirement.
Operator fmther acknowledges that it, not the County, is the employer of all of the employees
operating the :facilities. Operator indemnifies and holds harmless the County, the Public
Facility Corporation, and. all officials and employees of the County from and against any
liability, suit, claim, penalty, costs, or attorney's fees related to a failure of Operator to pay
the Wage Amount prescribed by the Unit�d States Marshals Service and the Department of
Labor.
5.
All other provisions in the Second Amended and Restated Facility Operation and
Managen�ent Agreement sh�emain unchanged.

•. · '"

•;i1ci��D this� of Jan�ary,.2017.

· ATTEST:

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Coui{iyclerk

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Exhibit A
Addendum No. 2017-1
SERVICE CONTRACT ACT OF 1965, AS AMENDED
(a) Defini�ions. 'Act,' as used in this clause, means the Service Contract Act of 1965, as
amended (41 U.S.C. 351, et seq.)
'Contractor,' as used in this clause or in any subcontract, shall be de�mied to refer to the
subcontractor, except in the term 'Government Prime Contractor.'
'Service employee,' as used in this clause, means any person engaged in the performance
of this contract other than any person employed in a bona fide executive, administrative,
or professional capacity, as these terms are defined in Part 541 of Title 29, Code of
Federal Regulations, as revised. It includes all such persons regardless of any contractual
relationship that may be alleged to exist between a Contractor or subcontractor and such
persons�
(b) Applicability. This contract is subject to the following provisions and to all other
. applicable provisions of the Act and regulations of the. Secretary of Labor (29 CPR Part
4). This clau·se does not apply to contracts or subcontracts administratively exempted by
the Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted in Subpart C of 29
CFRPart 4;
(c) Compensation. (1) Each service employee employed in the performance of this
contract by the. Contractor or any subcontractor shall be paid not less than the minimum
monetary wages and shall be furnished fringe benefits in accordance with the wages and
fringe benefits determined by the Secretary of Labor, or authorized representative, as
·specified in any wage determination attached to this contract.
(2)(i) If a wage determination is attached to _this contract, the Contractor shall classify any
class of service employee which is not listed therein 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) 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 class of employees shall be paid the monetary
wages and furnished the fringe benefits as are determined pursuant to the procedures in
this paragraph (c).
(ii) This conforming procedure shall be initiated by · the Contractor prior to the
perfonnance of contract work by the unlisted class of employee. The Contractor shall
submit Standard Form (SF) 1444, Request for Authorization of Additional Classification
and Rate, to the Contracting Officer no later than 30 days after the unlisted class of
employee performs any contract work. The Contracting Officer shall review the proposed
classification and rate and promptly submit the completed SF 1444 (which must include
information regarding the agreement or disagreement of the employees' authorized
representatives or the employees themselves together with the agency recommendation),
5

and all pertinent information to the Wage and Hour Division, Employment Standards
Administration, U.S. Depaitment of Labor. The Wage and Hour Division will approve,
modify, or disapprove the action or render a final determination in the event of
disagreement within 30 days of receipt or will notify the Contracting Office within 30
days of receipt that additional time is necessary.
(iii) The final determi_nation of the conformance action by the Wage and Hour Division
shall be transmitted to· the Contracting Officer who shall promptly notify the Contractor
of the action taken. 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.
(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable
relationship to those listed in a wage determination cannot be reduced to any single
formula. The approach used may vary from wage determination to wage determination
depending on the circumstances. Standard wage and salary administration practices which
rank various job classifications by pay grade pursuant to point schemes or other job
factors may, for example, be relied upon. Guidance may also be obtained from the way
different jobs are rated under Federal pay systems (Federal Wage Board Pay System and
the General Schedule) or from other wage determinations issued in the same locality.
Basic to the establishment of any conformable wage rate(s) is the concept that a pay
relationship should be maintained between job classifications based oli the skill required
and the duties perf01med.
(B) In the case of a contract modification, an exercise of an option, or extension of an
existing contract, or in any other case where a Contractor succeeds a contract under which
the classification in question was previously conformed pursuant to paragraph (c) of this
clause, a new conformed wage rate and fringe benefits may be assigned to the conformed
classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits
by an amount equal to the average (mean) percentage increase ( or decrease, where
appropriate) between the wages and fringe benefits specified for all clas�ifications to be
. used on the contract which are listed in the current wage dete1mination, and those
specified · for the corresponding classifications in the previously applicable wage
determination. Where conforming actions are accomplished in accordance with this
paragraph prior to the performance of contract work by the unlisted class of employees,
the Contractor shall advise the Contracting Officer of the action taken but the other
procedures in subdivision (c)(2)(ii) of this clause need not be followed.
(C) No employee engaged in performing work on this contract shall in any event be paid
less than the currently applicable minimum wage specified under section 6(a)(l) of the
Fair Labor Standards Act of 1938, as amended.
(v) The wage rate and fringe benefits finally determined under this subparagraph (c)(2) of
this clause shall be paid to all employees performing in the classification from the first
day on which contract work is performed by them in the classification. Failure to pay the
unlisted employees the compensation agreed upon by the interested pmties and/or finally
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.
(vi) Upon discovery of failure to comply with subparagraph (c)(2) of this clause, 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 date such class or
6

classes of employees commenced contract work.
(3) Adjustment of Compensation. If the term of this contract is more than 1 year, the
minimum monetary wages and fringe benefits required to be paid or furnished thereunder
to service employees under _this contract shall be subject to adjustment after l year and
not less often than once every 2-years, under wage determination issued by the Wage and
Hour Division.
(d) Obligation to Furnish Fringe Benefits. The Contractor or subcontractor may discharge
the obligation to furnish fringe benefits specified in the attachment or determined under
subparagraph {c)(2) of this clause by furnishing equivalent combinations of bona fide
:fringe.benefits, or by making equivalent or differential cash payments, only in accordance
with Subpart D of 29 CER Part 4.
(e) Minimum Wage. In the absence of a minimum wage attachment for this contract,
neither the Contractor nor any subcontraGtor under this contract shall pay any person
performing work under this contract (regardless of whether the person is a service
employee)_ less than the minimum wage specified by section 6(a)(l) of the Fair Labor
Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any
subcontractor of any other obligation under law or contract for payment of a higher wage
to any employee.
(f) Successor Contracts. If this contract succeeds a contract subject to the Act under
which substantially the same services were furnished in the same locality and service
employees were paid wages and fringe benefits provided for in a collective bargaining
agreement, in the absence of the minimum wage attachment for this contract setting forth
such collectively bargained wage rates and fringe benefits, neither the Contractor nor any
subcontractor under this contract shall pay any service employee performing any of tl�e
contract work (regardless of whether or not such employee was employed under the
predecessor contract), less than the wages and fringe benefits provided for in such
collective bargaining agreement, to which such employee would have been entitled if
employed under the predecessor contract, including accrued wages and fringe benefits
and any prospective increases in wages· and :fringe benefits provided for under such
agreement. No Contractor or subcontractor under this contract may be relieved of the
foregoing obligation unless the limitations of 29 CFR 4.lb(b} apply or unless the
Secretary of Labor or the Secretary's authorized representative finds, after a hearing as
provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such
agreement are substantially at variance with those which prevail for services of a
character similar in the locality, or determines, as provided in 29 CFR 4.11, that the
collective bargaining agreement applicable to service employees employed under the
predecessor contract was ncit entered into as a result_ of arm's length negotiations. Where it
is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11
and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a
predecessor Contractor's collective bargaining agreement are substantially at variance
with those which prevail for services of a character similar in the locality, and/or that the
collective bargaining agreement applicable to service employees employeµ. under the
predecessor contract was not entered into as a result of arm's length negotiations, the
Depa1tment will issue a new or revised wage determination setting forth the applicable
wage rates and fringe benefits: Such determinations shall be made pmi of the contract or
subcontract, in accordance with the decision of the Administrator, the Administrative
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Law Judge, or the Board of Service Contract Appeals, ;iS the case may be, irrespective of
whether such issuance occurs prior to or after the award ofa contract or subcontract (53
Comp. Gen. 401 (1973)). In the case ofa wage determination issued solely as a result of a
finding of substantial variance, such determination shall be effective as of the date of the
final administrative decision.
(g) Notification to Employees. The Contractor and any subcontractor under this contract
shall notify each service employee commencing work on this ·contract of the minimum
monetary wage and any fringe benefits required to be paid pursuant to this contract, or
shall post the wage determination attached to this contract. The poster provided by the
Depmtment of Labor (Publication WH 1313) shall be posted in a prominent and
accessible place at the worksite. Failure to comply with this requirement is a violation of
section 2(a)(4) ofthe Act and ofthis contract.
(h) Safe and Sanitary Working Conditions. The ·contractor or sub.contractor shall not
permit any pait ofthe services called for by this contract to be performed in buildings or
surroundings oi: under working conditions provided by or under the control or supervision
of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the
health or �afety of the service employees. The Contractor or subcontractor shall comply
with the safety and health standards applied under 29 CFR part 1925.
(i) Records. (1) The Contractor and each subcontractor performing work subject to the
Act shall make and maintain for 3 years from the completion ofthe work, and make them
available for inspection and transcription by authorized representatives of the Wage and
Hour Division, Employment Standards Administration, a record of the following:
(i) For each employee subject to the Act-'(A) Name and address and social security number;
(B) Correct work classification or classifications, rate or rates of monetary wages paid
and fringe benefits provided, rate or rates ofpayments in lieu of fringe benefits, and total
daily and weekly compensation;
(C) Daily and weekly hours worked by each employee; and
(D) Any deductions, rebates,· or refunds from the total daily or weekly compensation of
each employee.
(ii) For those classes of service employees not included iu any wage determination
attached to this contract, wage rates or fringe benefits determined by the interested parties
or by the Administrator or authorized representative under the terms of paragraph (c) of
this clause. A copy oftl?.e report required by subdivision (c)(2)(ii) ofthis clause will fulfill
this requirement.
(iii) Any list of the predecessor Contractor's employees which had been furnished to the
Contractor as prescribed by paragraph (n) ofthis clause.
(2) The Contractor shall also make available a copy. of this contract for inspection or
transcription by authorized representative of the Wage and Hour Division.
(3) Failure to make and maintain or to make available these records for inspection and
transcription shaU be a-violation of the regulations and this contact, and in the case of
failure to produce these records, the Contracting Officer, upon direction of the
Department of Labor and notification to the Contractor, shall take action to cause
suspension ofany fmther payment or advance offunds until the violation ceases.·
(4) The Contractor shall permit authorized representatives ofthe Wage and Hour Division
to conduct interviews with employees at the worksite during normal working hours.
8

G) Pay Periods. The Contractor shall unconditionally pay to each employee subject to the
· Act all wages due free and clear and with9ut subsequent deduction (except as othe1wise
provided by law or Regulations, 29 CFR Part 4), rebate, or kickback on any account.
These payments shall be made no later than one pay period following the end of the
regular pay period in which the wages were earned or accrued. A pay period under this
Act may not be of any"duration longer than semi-monthly.
(k) Withholding of Payments and Termination of Contract. The Contracting officer shall
withhold or cause to be withheld from the Government Prime Contractor under this or
any other Government contract -with the Prime- Contractor such sums as an appropriate
official of the Department of Labor request or such sums as the Contracting Officer
decides may be necessary to pay underpaid employees employed by the Contractor or
subcontractor. In the event offailure to pay any employees su_bject to the Act all or part of
the wages or fringe benefits due under the Act, the Contracting Officer may, after
authorization or by direction of the Depaiiment of Labor and written notification to the
Contractor, take action to cause suspension of any further payment or advance of funds
until such violations have ceased. Additionally, any failure to comply with the
requirements of this clause may be grounds for termination of the right to proceed with
the contract work. In such event, the Government may enter into other contracts or
arrangements for completion of the work, charging the Contractor in default with any
additional cost.
(1) Subcontracts. The Contractor agrees to inse1i this clause in all subcontracts subject to
the Act.
(m) Collective Bargaining Agreements Applicable to Service Employees. If wages to be
paid or - fringe benefits to be furnished any service employees e1nployed by the
Government Prime Contractor or any subcontractor under the contract are provided for in
a collective bargaining agreement which is or will be effective during any period in which
the contract is being performed, the Government Prime Contractor shall repmi such fact
to the Contracting Officer, together with full information as to the application and accrual
of such wages and fringe benefits, including any prospective increases, to· service
employees engaged in work on the contract, and a copy of the collective bargaining
agreement. Such report shall be made upon commencing performance of the contract, in
the case of collective bargaining agreements or provisions or amendments thereof
effective at a later time during the period of contract performance such agreements shall
be reported promptly after negotiation thereof.
(n) Seniority List. Not less than 10 days prior to completion of any contract being
performed at a Federal facility where service employees may be retained in the
perfonnance of the succeeding contract and subject to a wage determination which
- contains vacation or _other benefit provisions based upon length of service with a
Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor
shall furnish the Contracting Officer a certified list of the names of all service employees
on the Contractor's or subcontractor's payroll during the last month of contract
performance. Such list shall_ also contain anniversary dates of employment on the contract
either with the current or predecessor Contractors of each such service employee. The
Contracting Officer shall turn over such list to the successor Contractor at the
commencement of the succeeding contract.
(o) Ruling�---�nd Interpretations. Rulings and interpretations of the Act are contained in

9

Regul_ations, 29 CFR Part 4. (p) Contractor's Certification. (1) By entering into this contract, the Contractor (and
officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a
substantial interest in the. Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue ofthe sanctions imposed under Section 5 ofthe Act.
(2) No part of this contract shall be subcontracted to any person or firm ineligible for
award ofa Government contract under section 5 ofthe Act.
(3) The penalty for making false statements is. prescribed in the U.S. Criminal Code, 18
u.s.c. 1001.
(q) Variations, Tolerances, and Exemptions Involving Employment. Notwithstanding any
of the provisions in· paragraphs (b) through (o) of this clause, the following employees
may be employed in accordance- with the following variations, tolerances, and
exemptions, which the Secretary ofLabor, pursuant to section 4(b) of the Act prior to its
amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or
to avoid serious impairment Qfthe conduct ofGovernment business.
(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age,
physical, or mental deficiency, or injury may be employed at wages lower than the
minimum wages otherwise required by section 2(a)(l) or 2(b)(l) of the Act without
diminishing any fringe benefits or cash payments in lieu thereof required under section
2(a)(2) of the Act, in accordance with 5the conditions and procedures prescribed for the
employment of apprentices, student-learners, handicapped persons, and handicapped
clients ofsheltered workshops under section 14 of the Fair Labor Standards Act of 1938,
in the regulations issued by the Administrator (29 CFR_parts 520, 521, 524, and 525).
(2) The Administrator will issue certificates under the Act for the. employment of
apprentices, stud(;nt-learners, handicapped persons, or handicapped clients of sheltered
workshops not subject to the Fair Labor Standards Act of 1938, or subject to different
minimum rates of pay under the two acts, authorizing appropriate rates of minimum
wages (but without changing requirements concerning fringe ben�fits or supplementary
cash payments in lieu thereof), applying procedures prescribed by the · applicable
regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Pmts 520, ·s21,
524, and 525).
(3) The Administrator will also withdraw, annul, or cancel such ce1tificates in accordance
with the-regulations in 29 CPR Parts 525 and 528.
(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they perform when they are employed and individually registered in a bona
fide apprenticeship program registered with a State Apprenticeship Agency which is
recognized by the U.S. Depattment ofLabor, or if no such recognized agency exists in a
State, under a progr·am registered with the Bureau of Apprenticeship and Training,
Employment and Training Administration, U.S. Department of Labor. Any employee
who is not registered as an apprentice in an approved program shall be paid the wage rate
and fringe benefits contained in the applicable wage determination for the journeyman
classification of work actually performed. The wage rates paid apprentices shall not be
less than the wage 1;ate for their level of progress set faith in the registered program,
expressed as the. appropriate percentage of the journeyman's rate contained in the
applicable wage determination. The allowable ratio of apprentices to journeymen
employed on the contract work in any craft classification shall not be greater than the

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ratio pennitted to the Contractor as to his entire work force under the registered program.
(s) Tips. An employee engaged in an occupation in which the employee customarily and
regularly receives more than $30 a month in tips may have the amount of these tips
credited by the employer againstthe minimum wage required by section 2(a)(l) or section
2(b)(l) of the Act, in accordance with section 3{m) of the Fair Labor Standards Act and
Regulations 29 CPR Part 531. However, the amount of credit shall not exceed $1.34 per
hour beginning January 1, 1981. To use this provision-�
(1) The employer must inform tipped employees about this tip credit allowance before the
. credit is utilized;
(2) The employees must be allowed to retain all tips (individually or through a pooling
arrangement and regardless of whether the employer elects to take a credit for tips
received);
(3) The employer must be able to show by records that the employee receives at least the
applicable Service Contract Act minimum wage through the combination of direct wages
and tip credit; and
( 4) The use of such tip credit must have been permitted tinder any predecessor collective
bargaining agreement applicable by virtue of section 4(c) of the Act.
(t) Disputes Concerning Labor Standards. The U.S. Department of Labor has set forth in
29 CFR Parts 4, 6, and 8 procedures for resolving disputes concerning labor standards
requirements. Such disputes shall be resolved in accordance with those procedures and
not the Disputes clause of this contract. Disputes within the meaning of this clause
· include disputes between the Contractor (or any of its subcontractor) and the contracting
agency, the U.S. Department of Labor, or the employees or their representatives.

11

Exhibit B
Addendum No. 2017-1

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WD 05-2521 (Rev.-17) was first posted on www.wdol.gov on 07/14/2015
************************************************************************************
U.S. DEPARTMENT OF LABOR
REGISTER OF WAGE DETERMINATIONS UNDER
I
THE SERVICE CONTRACT ACT
I EMPLOYMENT STANDARDS ADMINISTRATION
WAGE AND HOUR DIVISION
By direction of the Secretary of.Labor
I
WASHINGTON D.C:. 20210
I

Daniel W. Simms
Division of
Wage Determinations
Director

I
I
I
I Wage Determination No.: 2005-2521
Revision No.: 17
I
Date
of Revision: 07/08/2015
I
I

Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies
to all contracts subject to the Service Contract Act for which the solicitation is issued on Of 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 $10.10 (or the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent performing on the contract. 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: Texas
Area: Texas Counties of Atascosa, Bandera, Bexar, Comal, De Witt, Edwards, Gillespie, Gonzales,
Guadalupe; Karnes, Kendall, Kerr, Kinney; McMullen, Medina, Real, Uvalde, Val Verde, Wilson
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE
FOOTNOTE
01000 -Administrative.Support and Clerical Occupations
01011 - Accounting Clerk I
01012 -Accounting Clerk II
01013 -Accounting Clerk Ill
01020 -Administrative Assistant
01040 -Court Reporter
01051- Data Entry Operator I
01052 -Data Entry Operator II
01060 - Dispatcher, Motor Vehicle
01070- Document Preparation Clerk
01090- Duplicating Machine Operator
01111- General Clerk I
01112 - General Clerk II
01113 -General Clerk Ill
01120- Housing Referral Assistant
01141- Messenger Courier
01191- Order Clerk I

Attachment 2
VA257-15-R-1576

RATE
13.82
15.51
17.35
21.9_6
22.14
11.59
12.65
16.11.
13.27
13.27
11.26
13.21
15.45
19.91
11.03
12.49

DoL Wage Determination 2005-2521, Rev. 17
Pagel of 13

t

01192 - Order Clerk II
01261-Personnel Assistant (Employment} I
01262 - Personnel Assistant {Employment}.11
01263 - Personnel Assistant (Employment}_ Ill
01270 - Production Control Clerk
01280 - Receptionist
01290- Rental Clerk
01300 - Scheduler, Maintenance
01311- Secretary I
01312 - Secretary II
01313- Secretary Ill
01320 -Service Order Dispatcher
01410 - Supply Technician
01420-Survey Worker
01531- Travel Clerk I
01532 - Travel Clerk II
01533 - Travel Clerk Ill
01611- Word Processor I
01612 - Word Processor II
01613 - Word Processor Ill
05000 - Automotive Service Occupations
05005 -Automobil_e Body Repairer, Fiberglass
05010-Automotive Electrician
05040 -Automotive Glass Installer
05070 - Automotive Worker
05110 - Mobile Equipment Servicer
05130 - Motor Equipment Metal Mechanic
05160 - Motor Equipment Metal Worker
05190 - Motor Vehicle Mechanic
05220 - Motor Vehicle Mechanic Helper
05250- Motor Vehicle Upholstery Worker
05280 - Motor Vehicle Wrecker
05310 - Painter, Automotive
_05340 - Radiator Repair Specialist
05370-Tire Repairer
05400- Transmission Repair Specialist
07000 - Food Preparation and Service Occupations
07010 -Baker
07041- Cook I
07042 - Cook II
07070 - Dishwasher
07130 - Food Service Worker
07210-Meat Cutter
07260 - Waiter/Waitress
09000 - Furniture Maintenance and Repair Occupations

A ttachment2
VA257- 15-R-15 76

13.63
17.04
19.23
21.26
1�.59
11.89
14.90
15.96
15.96
17.86
19.91
14.26
21.96
16.65
12.19
12.94
13.60
13.33.
14,96
16.73
18.41
17.75
16.77
16.77
14.96
18.68
16.77
'18.41
14.17
15.83
16.77
17.75
16.77
11.12
18.68
12.53
9.42
11.33
7.76
8.51
12.63
7.94

DoL Wage Determination2005-2521, Rev. 17
Page2ofl3

'

p

09010- Electrostatic Spray Painter
- 09040- Furniture Handler
09080- Furniture Refinisher
09090 - Furniture Refinisher Helper
09110- Furniture Repairer, Minor
09130- Upholsterer
11000 - General Services and Support Occupations
11030-Cleaner, Vehicles
11060- Elevator Operator
11090- Gardener
11122-- Housekeeping Aide
11150-Janitor
11210 - Laborer, Grounds Maintenance
11240- Maid or Houseman
11260- Pruner
11270-Tractor Operator
11330-Trail Maintenance Worker
11360 - Window Cleaner
12000- Health Occupations
12010-Ambulance Driver
12011- Breath Alcohol Technician
12012-Certified Occupational Therapist Assistant
12015- Certified Physical Therapist Assistant
12020- Dental Assistant
12025- Dental Hygienist
12030- EKGTechnician
. 12035- ElectroneurodiagnosticTechnologist ·
12040- Emergency MedicalTechnician
12071- Licensed Practical Nurse I
12072-· Licensed Practical Nurse II
12073 - Licensed Practical Nurse Ill
12100- Medical Assistant
12130- Medical Laboratory Technician
12160- Medical Record Clerk
12190- Medical Record Technician
12195- MedicalTranscriptionist
12210- Nuclear MedicineTechnologist
12221- Nursing Assistant I
12222- Nursing Assistant fl
12223- Nursing Assistant Ill
12224 - Nursing Assistant IV
12235 - Optical Dispenser
12236- OpticalTechnician
12250- Pharmacy Technician
12280- Phlebotomist

Attachment2
VA257-15-R-1576

15.03
10.46
.15.03
12.00
13.42
15.03
9.02
9.02
13.57
10.53
10.53
11.41
8.80
10.36
12.91
11.41
11.60
14.40
14.74
28.34
26.24
14.50
32.84
23.56
23.56
14.40
15.73
17.60
19.62
13.01
16.80
13.61
14.86
13.76
29.68
10.42
11.71
12.78
14.35
14.94
15.20
16.23
14.35

DoL Wage Determination2005-2521, Rev. 17
Page3 of 13

12305 - Radiologic Technologist
12311- Registered Nurse I
12312- Registered Nurse II
12313 -_Registered Nurse II, Specialist
12314 -Registered f'Jurse Ill
12315 -Registered Nurse Ill, Anesthetist
12316-Registered Nurse IV
.12317 · Scheduler(Drug and Alcohol Testing)
13000 - Information and Arts Occupations
13011-Exhibits Specialist I
13012 - Exhibits Specialist II
13013 -Exhibits Specialist Ill
13041- Illustrator I
13042- Illustrator II ·
13043- Illustrator III
13047 - Librarian
13050- Library Aide/Clerk
13054 -Library Information Technology Systems
Administrator
13058- Library Technician
13061- Media Sp!;!cialist I
13062 - Media Specialist II
13063 - Media Specialist III
13071- Photographer I
13072- Photographer II
13073 - Photographer III
13074 - Photographer IV
13075 -Photographer V
13110 -Video Teleconference Technician
14000 -Information Technology Occupations
14041.- Computer Operator I
14042 -Computer Operator II
14043 - Computer Operator Ill
14044-Computer Operator IV
14045 - Computer Operator V
14071- Computer Programmer I
14072- Computer Programmer II
14073- Computer Programmer Ill
14074- Computer Programmer IV
14101- Computer Systems Analyst I
14102 - Computer Systems Analyst II
14103 -Computer Systems Analyst Ill
14150- Peripheral Equipment Operator
14160- Personal Computer Support Technician
15000-Instructional Occupations

r
---

18.12
22.45
27.46
18.68
23.15
26.62
25.63
11.03
23.15
14.44
15.87
17.79
19.84
14.29
16.15
18.92
21.54
26.14
16.33

(see 1)

(see 1)
(see 1)

(see 1)
(see 1)
(see 1)
(see 1)

15.51
17.35
19.35
21,50
23.80
22.29

15.51
21.50

DoL Wage Determination 2005-2521, Rev. 17
Page4 of 13

Attachment 2
VA257-15-R-1576
\:''I _�, ·.
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24.06
24.40
29.85"
29.85
36:11
36.11
43.28
18.26

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15010-Aircrew Training Devices Instructor (Non-Rated)
15020-Aircrew Training Devices Instructor {Rated)
15030-Air Crew Training Devices Instructor (Pilot)
15050- Computer Based Training Specialist/ Instructor
15060- Educational Technologist
15070- Flight Instructor {Pilot)
15080- Graphic Artist
15090- Technical Instructor
i5095- Technical Instructor/Course Developer
15110- Test Proctor
15120- Tutor
16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations
16010-Assembler
16030- Counter Attendant
16040- Dry Cleaner
16070- Finisher, Flatwork, Machine
16090- Presser, Hand
16110- Presser, Machine, Dry cleaning
16130 -: Presser, Machine, Shirts
16160- Presser, Machine, Wearing Apparel, Laundry
16190- Sewing Machine Operator
16220- Tailor
16250- Washer, Machine
19000 - Machine Tool Operation and Repair Occupations
19010- Machine-Tool Operator (Tool Room)
19040- Tool and Die Maker
21000 - Materials Handling And Packing Occupations
21020- Forklift Operator
21030- Material Coordinator
21040- Material Expediter
21050- Material Handling Laborer
21071- Order Filler
21080- Production Line Worker (Food Processing)
21110- Shipping Packer
21130- Shipping/Receiving Clerk
21140- Store Worker I
21150- Stock Clerk
21210- Tools and Parts Attendant
21410- Warehouse Specialist
23000 - Mechanics and Maintenance and Repair Occupations
23010-Aerospace Structural Welder
23021-Aircraft Mechanic I
23022-Aircraft Mechanic II
23023 -Aircraft Mechanic"III
23040-Aircraft Mechanic Helper

Attachment 2
VA257-15-R-1576
11"''

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26.31
31.51
37.76
26.31
26.86
37.76
22.57
18.93
23.16
15.28
15.28
8.64
8.64
10.50
8.64
8.64
8.64
8.64
8.64
11.08
11.63
·9.37
16.35
19.26
12.22
18.59
18.59
10.58
11.28
12.22
12.67
12.67
10.23
13.18
12.22
12.22
20.73
19.59
20.73
21.85
13.74

DoL Wage Detenninatfon 2005-2521, Rev. 17
Pages of 13

f

23050 - Aircraft, Painter
23060- Aircraft Servicer
23080- Aircraft Worker·
23110- Appliance Mechanic
23120- Bicycle Repairer
23125- Cable Splicer
23130- Carpenter, Maintenance
23140- Carpet Layer
23160- Electrician, Maintenance
23181- ElectronicsTechnician Maintenance I
23182- Electronics Technician Maintenance II
23183- Electronics Technician Maintenance Ill
23260- Fabric Worker
23290- Fire Alarm System Mechanic
23310- Fire Exting1,1isher Repairer
23311- Fuel Distribution System Mechanic
23312- Fuel Distribution System Operator
23370- General Maintenance Worker
23380- Ground Support Equipment Mechanic
23381- Ground Support Equipment Servicer
23382 - Ground Support Equipment Worker
23391- Gunsmith I
23392- Gunsmith II
23393- Gunsmith Ill
23410- Heating, Ventilation and Air-Conditioning
Mechanic
23411- Heating, Ventilation and Air Conditioning
Mechanic (Research Facility)
23430- Heavy Equipment Mechanic
23440- Heavy Equipment Operator
23460 -Instrument Mechanic
23465 - Laboratory/Shelte·r Mechanic
23470- Laborer
23510- Locksmith
23530- Machinery Maintenance Mechanic
23550- Machinist, Maintenance
23580 � MaintenanceTrades Helper
23591- MetrologyTechnician I
23592 - MetrologyTechnician II
23593 - MetrologyTechnician Ill
23640 - Millwright
23710- Office Appliance Repairer
23760- Painter, Maintenance
23790 - Pipefitter, Maintenance
23810 - Plumber, Maintenance

Attachment 2
VA257-15-R-1576

17.58
15.39
16.41
17.25
11.12
19.50
16.16
15.04
19.55
·22.30
23.80
25.32
14.33
17.71
·13,77
17.42
14.33
15.37
19.59
15.10
16.10
14.33
15.37
17.42
17.42
18.44
17.55
17.42
20.11
16.41
10.03
15.48
17.57
17.42
12.21
20.11
21.29
22.45
19.02
16.68
16.16
19.33
18.21

DoL Wage Determination 2005-2521, Rev. 17
Page6 ofl3
�
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23820- Pneudraulic Systems Mechanic
23850- Rigger
23870 - Scale Mechanic
23890 - Sheet-Metal Worker, Maintenance
23�10 - Small Engine Mechanic
23931- Telecommunications Mechanic I
23932- Telecommunications Mechanic II
23950-Telephone Lineman
23960- Welder, Combination, Maintenance
23965- Well Driller
23970- Woodcraft Worker
23980- Woodworker
24000 - Personal Needs Occupations
24570- Child Care Attendant
24580 - Child Care Center Clerk
24610- Chore Aide
24620- Family Readiness and Support Services
Coordinator
24630- Homemaker
25000-Plant and System Operations Occupations
25010- Boiler Tender
25040 - Sewage Plant Operator
25070- Stationary Engineer
25190- Ventilation Equipment Tender
25210-Water Treatment Plant Operator
27000- Protective Service Occupations
27004 - Alarm Monitor
27007- Baggage Inspector
27008- Corrections Officer
27010-Court Security Officer
27030 - Detection Dog Handler
27040- Detention Officer
27070- Firefighter
27101- Guard I
27102 - Guard II
27131-Police Officer I
27132-Police Officer II
28000-Recreation Occupations
28041- Carnival Equipment Operator
28042 - Carnival Equipment Repairer
28043-Carnival Equipment Worker
28210 - Gate Attendant/Gate Tender
28310- Lifeguard
28350-Park Attendant (Aide)
28510 - Recreation Aide/Health Facility Attendant

Attachment 2
VA257-15-R-1576
r' ,, ...
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17.42
17.42
. 15.13
17.78
15.37
21.97
23.21
20.66
17.15
17.15
17.42
13.16
9.45
12.07
10.57
10.76
13.69
18.19
16.47
18.19
12.13
16.43
14.89
11.24
21.15
21.15
14.37
21.15
22.59
11.24
14.20
23.14
25.77
9.89
10.39
8.25
12.51
11.05
13.88
10.13

DoL Wage Determination 2005-2521, Rev. 17
Page 7ofl3

),
;�

28515- Recreation Specialist
28630-Sports Official
28690 - Swimming Pool Operator
29000-Stevedoring/Longshoremen Occupational Services
29010-Blocker and Bracer
29020- HatchTender
29030-Line Handler
29041-Stevedore I
29042-Stevedore II
30000-Technical Occupations
(see 2)
3001□- - AirTraffic Control Specialist, Center (HFO}
(see 2)
30011- AirTraffic Control-Specialist, Station (HFO}
30012-AirTraffic Control Specialist,Terminal (HFO) (see 2)
30021-ArcheologicalTechnician I
30022-ArcheologicalTechnician II
30023 -ArcheologicalTechnician Ill
30030 - CartographicTechnician
30040-Civil EngineeringTechnician
30061-Drafter/CAD Operator I
30062-Drafter/CAD Operator II
30063 -Drafter/CAD Operator Ill
30064 - Drafter/CAD Operator IV
30081- EngineeringTechnician I
30082-EngineeringTechnician II
30083 -Engineering Technician Ill
30084-EngineeringTechnician IV
30085 -EngineeringTechnician V
30086 - EngineeringTechnician VI
30090 - EnvironmentalTechnician
30210 -Laboratory.Technician
30240 - MathematicalTechnician
30361 -Paralegal/Legal Assistant I
30362 - Paralegal/Legal Assistant II
30363 -Paralegal/Legal Assistant Ill
30364- Paralegal/Legal Assistant IV
30390 - Photo-OpticsTechnician
30461-Technical Writer I
30462-Technical Writer II
30463 -Technical Writer Ill
30491-Unexploded Ordnance (UXO) Technician I
30492 -Unexploded Ordnance (UXO)Technician II
30493 - Unexploded Ordnance (UXO)Technician Ill
30494 -Unexploded (UXO) Safety Escort
30495 - Unexploded (UXO) Sweep Personnel
(see 2)
30620 - Weather Observer, Combined Upper Air or

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18.90
18.90
18.90
17.63
20.19
35.77
24.66
. 27.16
16.47
17.18
23.40
23.74
20.21
17.13
19.16
21.37
26.29
15.91
17.86
19.98
24.75
30.27
36.63
19._43
19.16
23.74
16.70
21.82
26.68
32.25
23.74
.24.59
30.08
34.17
22.74
27.51
32.97
22.74
22.74
21.37

DoL Wage Determination 2005-2521, Rev. 17
Page8ofl3

Attachment 2
VA257-15-R-1576
\I�'

14.76
11.05
13.35

-

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Surface Programs
30621- Weather Observer, Senior
(see 2) .
31000 - Transportation/Mobile Equipment Operation Occupations
31020- Bus Aide
31030- Bus Driver
31043-Driver Courier
31260 - Parking and Lot Attendant
31290- Shuttle Bus Driver
31310- Taxi Driver
31361- Truck driver, Light
31362- Truck driver, Medium
31363- Truck driver, Heavy
31364- Truck driver, Tractor-Trailer.
99000 - Miscellaneous Occupations
99030- Cashier
99050-Desk Clerk
99095 - Embalmer
99251- Laboratory Animal Caretaker I
99252- Laboratory Animal Caretaker II
99310-Mortician
99410 - Pest Controller
99510- Photofinishing Worker
99710- Recycling Laborer
99711- Recycling Specialist
99730 - Refuse Collector
99810- Sales Clerk
99820 - School Crossing Guard
99830 - Survey Party Chief
99831- Surveying Aide
99832- Surveying Technician
99840 - Vending Machine Attendant
99841-Vending Machine Repairer
99842 - Vending Machine Repairer Helper

23.74
12.95
16.78.
B.17
9.64
14.18
11.35
14.18
15.07
16.69
16.69
9.41
9.68
18.80
10.07
10.84
22.43
15,42
11.95
13.34
14.83
12.11
10.86
10.97
18.41
12.83
15.33
11.39
14.08
11.39

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after S
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. (Reg. 29 CFR 4.173)

DoL Wage Determination 2005-2521, Rev. 17
Page 9ofl3

Attachment 2
VA257-15-R-1576
\/�I('',
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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 4174)
THE OCCUPATIONSWHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determhiation does not apply to
any employee who individually qualifies as a bo·na 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 i-ate 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, �he
exell)ption applies only to computer employees who s·atisfy the compensation requirements and whose
primary duty consists of:
(1) The application of systems an_alysis techniques and procedures, including consulting with users, to
determine hardware, software or system functional specifications;
(2) The de?ign, 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, document_ation, 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).

DoL Wage Determination 2005-2521, Rev. 17
Page lOof 13

Attachment 2
VA257-15-R-1576
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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 ordnance, explosives, and pyrotechnic compositions such as lead azide, black
powder and photoflash p_owder. 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 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 applicableto work that has been specifically
designated by the agency for ordnance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE**
If employees are requir_ed 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 actu_al cost of t_he 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.
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:ljwww.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at
http://wdol.gov/.

Attachment 2
VA257-15-R-1576

DoL Wage Determination 2005-2521, Rev. 17
Page 11 of 13

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.€!., 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 fur11ished 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:

j

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 l;!mployees 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.

Attachment 2
VA257-15-R-1576
\1�' - '
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DoL WageDetermination 2005-2521, Rev. 17
Page12 of13

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.

DoL Wage Determination 2005-2521, Rev. 17
Page 13 of 13

Attac!tme11t 2
VA257-15-R-1576
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Page I of 10

WD 15-5303 (Rev.-1) was first posted on www.wdol.gov on 02/23/2016
************************************************************************************
REGISTER OF WAGE DETERMINATIONS UNDER
U.S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION.
THE SERVICE CONTRACT ACT
WAGE AND HOUR DIVISION
By direction of the Secretary of Labor
WASHINGTON D.C. 20210

Daniel W. Simms
Director

Division of
Wage Determinations!
.

Wage Determination No.: 2015-5303
Revision No:: 1
Date Of Revision: 02/18/2016

I --:----::----::--;--------::--::-::-::--::-::--:.

-

-Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for
calendar year 2016 applies to all contracts subject to the Service Contract
Act for which the 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 $10.15 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 2016. The EO
minimum wage rate will be adjusted annually. Addit�onal information on
· contractor requirements and worker protections under the EO is available at
www.dol.gov/whd/govcontracts.

-

State: Texas
Area: Texas Counties of Edwards, Kinney, Real, Uvalde, Val Verde
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE.
FOOTNOTE ·
01000 - Administrative Support And Clerical Occupations
. 01011 - Accounting Clerk I
01012 - Accounting Clerk II
01013 - Accounting Clerk III
01020 - Administrative Assistant
01035 - Court Reporter
01041 - Customer Service Representative I
01042 - Customer Service Representative· II
01043 - Customer Service Representative III
01051 - Data Entry Operator I
01052 - Data Entry Operator II
Dispatcher, Motor �ehicle
01060
Document Preparation Clerk
01070
Duplicating Machine Operator
01090
01111 - General Clerk I.
01112 - General Clerk II
01113 - General Clerk III
01120 - Housing Referral Assistant
01141 - Messenger Courier
01191 - Order Clerk I
01192 - Order Clerk II
01261 - Personnel Assistant (Employment) I
Personnel Assistant (Employment) II
01262
01263 - Personnel Assistant (Employment) III
Production Confrol Clerk
01270
01290 - Rental Clerk
01300 - Scheduler, Maintenance
01311
Secretary I
01312 - Secretary II
01313 - Secretary III
01320 - Service Order Dispatcher
01410 - supply Technician

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RATE
13.82
15.51
17.35
21.96
22.14
10.16
11.43
12.47
11.59
12.65
16.11
13.27
13.27
11.26
13.21
15.45
19.91
11.03
12.49
13.63
17.04
19.23
21.26
19.91
14.90
15.96
15.96
17.86
19.91
14.26
21.96

9/27/2016

Page2 of IO
Survey Worker
01420
Switchboard Operator/Receptionist
01460
01531 - Travel Clerk I
01532 - Travel Clerk II
01533 - Travel Clerk III
01611 · - Word Processor I
01612 - Word Processo�.II
01613 - Word.Processor III
05000 - Automotive ·service Occupations
05005.- Automobile Body Repairer, Fiberglass
05010 - Automotive Electrician
05040 - Automotive Glass Installer
05070 - Automotive Worker
05110 - Mobile Equipment Servicer
05130 - Motor Equipment Metal Mechanic
05160 - Motor Equipment Metal Worker
05190 - Motor Vehicle Mechanic
05220 - Motor Vehicle Mechanic Helper
05250 - Motor Vehicle Upholstery Worker
05280 - Motor Vehicle Wrecker
05310 - Painter, Automotive
05340 - Radiator Repair Specialist
05370 - Tire Repairer
05400 - Transmission Repair Specialist
07000 - Food Preparation And Service
Occupations
·
07010 - Baker
07041 - Cook I
07042 - Cook II
07070 - Dishwasher
07130
Food Service Worker
07210 - Meat Cutter
07260 - Waiter/Waitress
09000 - Furniture Maintenance And Repair Occupations
09010 - Electrostatic Spray Painter
09040 - Furniture Handler
090B0 - Furniture Refinisher ·
09090 - Furniture Refinisher Helper
091�0 - Furniture Repairer,
· Minor
09130 - Upholsterer
11000 - General Services And Support Occupations
11030 - Cleaner, Vehicles
11060 - Elevator Operator
11090 - Gardener
11122 - Housekeeping Aide
11150 - Janitor
11210 - Laborer, Grounds Maintenance
11240 - Maid or Houseman
11260 - Pruner
11270 - Tractor Operator
11330 - Trail Maintenance Worker
11360 - Window Cleaner
12000 - Health Occupations
12010 - Ambulance Driver
12011 - Breath Alcohol Technician
12012 - Certified Occupational Therapist Assist.ant
12015 - Certified Physical Therapist Assistant
12020 - Dental Assistant
12025 - Dental Hygienist
12030 - EKG Technician
12035 - Electr·oneurodiagnostic Technologist
12040 � Emergency Medical Technician
12071 - Licensed Practical Nurse I
12072 - Licensed Practical Nurse II

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16.65
11.89
12.19
12.94
13.60
13.33
15.96
17.86
18.41
17.75
16. 77
16.77
14.96
18.68
16. 77
18.41
14.17
15.83
16.77
17. 75
16.77
11.43
18.6B
12.53
9.42
11.33
8.52
8.70
12.63
8.52
15.03
10.46
15.03
12.00
13·.42
15.03
9.02
9.02
13.57
10.53
10.53
11.41
8.83
10.36
12.91
11.41
11.60
15.72
16.21
28.34
26.24
14.50
36.12
23.56
23.56
15.72
15.73
17,60

9/27/2016

Page 3 of 10
12073 - Licensed Practical Nurse III
12100 - Medical Assistant
12130 Medical Laboratory Technician
12160 - Medical Record Clerk
12190 - Medical Record Technician
12195 - Medical Transcriptionist
12210 - Nuclear Medicine Technologist
12241 - Nursing Assistant I
12222 - Nursing Assistant II
12223 - Nursing Assistant III
12224 - Nursing Assistant IV
12235 - Optical Dispenser
12236 - Optical Technician
i2250 - Pharmacy Technician
12280
Phlebotomist
12305 - Radiologic Technologist
12311 - Registered Nur.se I ·
12312 - Registered Nurse II
12313 - ·Registered Nurse II, Specialist
12314 - Registered Nurse III
12315 - Registered Nurse III, Anesthetist
12316 - Registered Nurse IV
12317 - Scheduler (Drug and Alcohol Testing)
12320 - Substance Abuse Treatment counselor
13000 - Information And Arts Occupations
13011 - Exhibits Specialist I
13012 -. Exhibits Specialist II
Exhibits Specialist III
13013
13041
Illustrator I
13042 - Illustrator II
13043 - Illustrator III
13047
Librarian
13050 - Library Aide/Clerk
13054 - Library Information Technology Systems
Administrator
13058 - Library Technician
13061 - Media Specialist I
13062 - Media Specialist II
13063 - Media-specialist III
13071 - Photographer I
13072 - Photographer II
13073 - Phot�grapher �II
13074 - Photographer IV
13075 - Photographer V
13090 - Technical Order Library Clerk
13110 - Video Teleconference Technician
14000 - Information Technology Occupations
14041 - Computer Operator I
14042 - Computer Operator II
14043 - Computer Operator III
14044 - Computer Operator IV
14045 - Computer Operator·v
14071 - Computer Programmer I
14072 - Computer Programmer II
14073 - Computer Programmer III
14074 - Computer Programmer IV
14101
Computer Systems Analyst I
14102 - Computer Systems Analyst II
14103 - Computer Systems Analyst III
14150 - Periphera_l Equipment Operator
14160 - Personal Computer Support Technician
14170 - System Support Specialist
15000 - Instructional Occupations

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19.62
13.01
17.43
13.61
14.86
15.14
32.65
10.42
11.71
12.78
14.35
16.43
15.73
16.23
14.35
25.09
24.40
29.85
29.85
· 36.11
36.11
43.28
19.20
19.20
18.12
22.45
27.46
18.68
23.15
26; 62
25.63
11.03
23.15
14.44
15.96
17 .86
19.90
15. 72
17.77
20.81
23.69
28.75
12.06
16.33

(see
(see
(see
(see
(see
(see
(see

1)
1)
1)
1)
1)
1)
1)

15.51
17.35
19.35
21.50
23.80
22.29

15.51
21.50
25.82

9/27/2016

Page4ofl0
Aircrew Training· Devices Instructor (Non-Rated)
15010
Aircrew Training Devices Instructor (Rated)
15020
15030 - Air Crew Training Devices Instructor (Pilot)
15050 - Computer Based Training Specialist / Instructor
15060 - Educational Technologist
1507.0 - Flight Instructor (Pilot)
15080 - Graphic Artist
15085 - Maintenance Test Pilot, Fixed, Jet/Prop
15086 - Maintenance Test Pilot, Rotary Wing
15088 - Non-Maintenance Test/Co-Pilot
15090 - Technical Instructor
15095 - Technical Instructor/Course Developer
15110 - Test Proctor
15120 - Tutor·
16000 - Laundry, Dry-Cleaning, Pressing A.nd Related Occupations
16010 - Assembler
16030 - Counter Attendant
16040 - Dry Cleaner
16070 - Finisher, Flatwork, Machine
16090 � Presser, Hand
16110 - Presser, Machine, Drycleaning
16130 - Presser, Machine, Shirts
16160 - Presser,-Machine, Wearing Apparel, Laundry
16190 - Sewing Machine Operator
16220 - Tailor
16250 - Washer, Machine
19000 - Machine Tool Operation And Repair Occupations
19010 - Machine-Tool Operator (Tool Room)
19040 - Tool And Die Maker
21000 - Materials Handling And Packing Occupations
21020 - Forklift Operator
21030 - Material Coordinator
21040 - Material Expediter
21050 - Material Handling Laborer
21071 - Order Filler
21080 - Production Line Worker (Food Process_ing)
21110 - Shipping Packer
21130 - Shipping/Receiving_Cler-k
21140 - Store Worker I
21150 - Stock Clerk
21210 - Tools And Parts Attendant
21410 - Warehouse Specialist
23000 - Mechanics And Maintenance And Repair Occupations
23010 - Aerospace Structural Welder
23019 - Aircraft Logs and Records Technician
23021 - Aircraft Mechanic I
23022 - Aircraft Mechanic II
23023 - Aircraft Mechanic III
23040 - Aircraft Mechanic Helper
23050 - Aircraft, Painter
23060 - Aircraft Servicer
23070 - Aircraft Survival Flight Equipment Technician
23080 - Aircraft Worker
23091 - Aircrew Life Support Equipment (ALSE) Mechanic
I
23092 - Aircrew Life Support Equipment (ALSE) Mechanic
II

23110
23120
23125
23130
23140
23160

-

Appliance Mechanic
Bicycle.Repairer
Cable Splicer
Carpenter, Maintenance
Carpet Layer
Electrician, Maintenance

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26.31
31.51
37.76
26.31
29.55
37.76
22.,57
36.23
36.23
36.23
20.82
25.48
16.81
16.81
. 8.64
8.64
10.50
8.64
8.64
8.64
8.64
8. 64
11.08
11.63
9.37
17.99
21.19
12.22
18.59
18.59
10.58
11.28
12.22
12.67
12. 67
10.64
14.50
12.22
12.22
22.80
16.93
21.55
22.80
24.04
15.11
19.34
16.93
19.34
18.05
18.05
21.55
18.45
12.23
21.45
16.16
16.54
19.55

9/27/2016

Page5 of 10
23181 - Electronics Technician Maintenance I
23182 -.Electronics Technician-Maintenance II
23183 - Electronics Technician Maintenance III
23260
Fabric Worker
23290 - Fire Alarm System Mechanic
· 23310 - Fire Extinguisher Repairer
23311
Fuel Distribution System Mechanic
23312 - Fuel Distribution System Operator
23370 - General Maintenance Worker
23380 - Ground Support Equipment Mechanic
23381 - Ground Support Equipment Servicer
23382 - Ground Support Equipment Worker
23391 - Gunsmith I
23392.- Gunsmith II
23393 - Gunsmith III
23_410 ·- Heating, Ventilation And Air-Conditioning
Mechanic
23411 - Heating, Ventilation And Air Contditioning
Me·chanic (Research Facility)
23430 - Heavy Equipment Mechanic
23440
Heavy Equipment Operator
Instrument Mechanic
23.460
23465
Laboratory/Shelter Mechanic
23_470
Laborer
Locksmith
23510
23530
Machinery Maintenance Mechanic
Machinist, _Maintenance
23550
23580
Maintenance Trades Helper
23591
Metrology Technician I
23592
Metrology Technician II
23593
Metrology Technician III
23640 - Millwright
23710
Office Appliance Repairer
23760
Painter, Maintenance
23790
Pipefitter, Maintenance
23810
Plumber, Maintenance
23820
Pneudraulic Systems Mechanic
23850 Rigger
23870
Scale Mechanic
23890
Sheet-Metal Worker, Maintenance
23910 - Small Engine Mechanic
23931 - Telecommunications Mechanic I
23932 - Telecommunications Mechanic II
23950 - Telephone Lineman
23960
Welder, Combination, Maintenance
23965
Well Driller
23970 - Woodcraft Worker
23980 - Woodworker
24000 - Personal Needs Occupations
24550
Case Manager
24570 - Child Care Attendant
24580
Child Care Center Clerk
24610 - Chore Aide
24620
Family Readiness And Support Services
Coordinator
24630 - Homemaker
25.000 - Plant And System Operations Occupations
25010 - Boiler Tender
Sewage Plant Operator
25040
Stationary Engineer
25070
25190 - Ventilation Equipment Tender
Water Treatment Plant Operator
25210
27000 - Protective Service Occupations

1

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22.32
23.80
25.32
15.76
19.48
14.99
17.42
14.33
15.3·7
21.55
16.61
17.71
14.99
16-.91
19.16
17 .42
18.44
17.55
17.42
20.11
18.05
10.03
17.03
19.33
19.16
12.21
20.11
21.29
22 .45
19.61
16.68
16.16
19.33
18.21
19.16
19.16
16.64
19.56
16.91
23.02
24.35
20.99
18.87
18.87
19.16
14.48
-10.76
9.45
12.07
10.57
10.76
13.69
19.61
16.47
19.61
13.34
16.43

9/27/2016

Page 6 of 10
27004 - Alarm Monitor
27007
Baggage Inspector
27008 - Corrections Officer
27010 - Court Security.Officer
27030 - Detection Dog Handler
27040 - Detention Officer
27070 - Firefighter
27101 - Guard I
27102 - Guard II
27131 - Pol.ice Officer I
27132
Police Officer II
28000 - Recreation Occupations
28041 - Carnival Equipment Operator
28·042 - Carnival Equipment Repairer
28043 - Carnival Worker
28210
Gate Attendant/Gate Tender
28310 - Lifegu�rd
28350 - Park Attendant (Aide)
28510 - Recreation Aide/Health Facility Attendant
28515 - Recreation Specialist
28630 - Sports Official
28690 - Swimming Pool Operator
29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer
29020 - Hatch Tender
29030 - Line Handler
29041.- Stevedore I
29042 - Stevedore II
30000 - Technical Occupations
(see 2)
30010 - Air Traffic Control Specialist, Center (HFO)
30011 - Air Traffic Control Specialist, Station (HFO) (see 2)
30012 - Air Traffic Control Specialist, Terminal (HFO} (see 2)
30021 - Archeological Technician I
30022 - Archeological Technician .II
30023 - Archeological Technician III
30030 - Cartographic Technician
30040 - Civil Engineering Technician
30051 - Cryogenic T�chnician I
30052 - Cryogenic Technician II
30061 - Drafter/CAD Operator I
30062 - Drafter/CAD Operator II
30063 - Drafter/CAD Operator III
30064 - Drafter/CAD Operator IV
30081 - Engineering Technician I
30082 - Engineering Technician II
30083
Engineering Technician III
30084 - Engineering Technician IV
30085 - Engineering Technician V
30086 - Engineering Technician VI
30090 - Environmental Technician
30095 - Evidence Control Specialist
30210 - Laboratory Technician
30221 - Latent Fingerprint Technician I
30222 - Latent Fingerprint Technician II
30240 - Mathematical Technician
30361 - �aralegal/Legal Assistant I
30362 - Paralegal/Legal Assistant II
30363 - Paralegal/Legal Assistant III
30364 - Paralegal/Legal Assistant IV
30375 - Petroleum Supply Specialist
30390 - Photo-Optics Technician
30395 - Radiation Control Technician
30461 - Technical Writer I

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14.89
li.24
21.15
21.15
14.37
21.15
22.59
11.24
14.20
23.14
25.77
10.BB
11.43
9.08
12.51
11.05
13.88
10.13
14.78
11.05
14.69
18.90
18.90
18.90
17.63
20.19
36.49
25.17
27.71
17 .13
18.90
23.40
23.74
20.21
21.00
23.19
17.13
19.16
21. 37
26.29
15.91
17 .86
19.98
24.75
30.27
36.63
19.43
21.82
19.16
21.00
23.19
23.74
16.70
21.82
26.68
32.25
23.19
23.74
23.19
24.59

9/27/2016

P!ige 7 of 10
Technical Writer II
30462
Technical Writer III
30463
30491 - Unexploded Ordnance (UXO) Technician I
30492 - Unexploded Ordnance (UXOJ Technician II
30493 - Unexploded Ordnance (UXO) Technician III
30494 - Unexploded (UXO) ·safety Escort
30495 - Unexploded (UXO) Sweep Personnel
30501 - Weather Forecaster I
30502 - Weather Forecaster II
(see 2)
30620 - Weather Observer, Combined Upper Air Or
Surface Programs
(see 2)
30621 - Weather Observer, Senior
31000 - Transportation/Mobile Equipment Operation Occupations
31010 - Airplane Pilot
31020 -.Bus Aide
31030 - Bus Driver
31043 - Driver Courier
31260 - Parking and Lot Attendant
31290 - Shuttie Bus Driver
31310 - Taxi Driver
31361
Truckdriver, Light
31362 - Truckdriver, Medium
31363 - Truckdriver, Heavy
31364 - Truckdriver, Tractor-Trailer
99000 --Miscellaneous Occupations
99020 - Cabin ·safety Specialist
99030 - Cashier
99050 - Desk Clerk
99095 - Embalmer
99130 - Flight Follower
99251 - Laboratory Animal Caretaker I
99252 - Laboratory Animal Caretaker II
99260 - Marketing Analyst
99310 - Mortician
99410 - Pest Controller
99510 - Photofinishing Worker
99710 - Recycling Laborer
99711 - Recycling Specialist
99730 - Refuse Collector
99810 - Sales Clerk
99820 - School Crossing Guard
99830
survey Party Chief
99831 - Surveying Aide
99832 - Surveying Technician
99840 - Vending Machine Attendant
99841 - Vending Machine Repairer
99842 - Vending Machine Repairer Helper

30.08
.34.17
23.19
28.06
33.63
23.19
23.19
26.29
25.54
21.37
23.74
28.06
12.95
16.78
13.17
10.56
14.18
11.35
14.18
15.07
17.87
17.87
13.68
9.41
9.68
20.68
23�19
11.08
11.92
32.61
23.19
15.42
12.19
13.34
14.98
12 •.11
10.86
10.97
18.41
12.83
15.33
12.53
15.49
12.53

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE· FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or
successor, 3 weeks after 8 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)

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9/27/2016

Page 8 of IO
\
f

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther
King Jr.·• s Birthda·y,· Washington's Birthday, Memorial Day, Independence Day,
Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A
contractor may substitute for �ny of the named holidays another day off wi.th 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 B(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 neyertheless 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 c,:msists of:
(1) The application of systems analysis techniques and procedures, including
consulting with users, to detennine hardware, software or system functional
specifications;
(2} The design, development, documentation, analysis, creation, testing or
modification of computer systems or programs, including protot'ypes, based on and
related to user or system design specificati9ns;
(3) The design, documentation, testing, creation. or modification of. compute·r
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
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

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and cleaning of artillery ranges,
A 4 percent differential is applicable to �mployees 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 f�r
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 wili 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 un�form 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 a� to the actual cos.t); 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'i, 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 i's 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

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Page 10 of 10
date such class of employees commenced contrac.t 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 i_ncluding 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.G(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.
Wheri 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 t�e 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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