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." l I! '"' ' I"\ ' - '"'' "'!"' _,.. \ ,L U :;. .... r1.Lc J ..; 3. 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 �'- u ' ' 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: hq�Q,_ Mlmmi Coui{iyclerk 3 r, .• : ,, � J .., l ,-. - � ,,. • f', COMMUNITY EµUCATION CENTERS, INC. Operator ay; � PrlntName:· Title: ,Le�/4"Yu �c� C ,4:.u,,,e(llf'.<Ei::.. .,ff///-;- e,sp 4 \f_�· \ UL �.' ['" 1 '. c � -: l_ LJ ,; ,.) r ,.�� .; ..J Lt• J 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 7 \•,·1 r, ' ,- n, rr _, .. ", � 'u� U 1;. 0 �;,ut �.1::; i 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 "' u ;. • ...... \' 'I ,..\ c': , 1-., 10L _ -.-0 10 �00 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 12 u· ,.,tn: ·· -·· f ' r-=11:,L ..... r·11;, . , . L 'tu I,, ... / \.,) r.�!-. ',_,, ,__; ... 1 � � ) 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 _�, ·. '1c.l v ··, 24.06 24.40 29.85" 29.85 36:11 36.11 43.28 18.26 - 1 1 . ... :... •.c1 .0- f1 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"'' <· .i.:: :""". I \: � � L; r- 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 � ,..., ,.) 0 -,, ,� 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' ,, ... l t; .. L 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 I;�-i - • r- • ,. ... u: ;_· v._ r,.�L .. 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 - _ I, i :'"' ·-..i 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('', ,:..L V -, ,_; ,-•-, li,�L - - I j I I 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 \1�' \J� u :.._. ·- r ;, �� � [' ' � I I I I.,. I.. -....,.1 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�' - ' , uL u 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 \,'i! �- � r-: r,' �r i L V ...., \.., l"i. ,..' L �lJ J 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 http:/l�,}iVdpl.go1liw.49Vscaul�/std/15-5303.txt?v=l Id u .:; '..:_: it•.ut ._: 1 b 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 http://www.wqP-1:-�v/��o��9¢U.es(stQ/l5-5303.txt?v=1 ,�Lu "•,_; II\�, '- ' i I 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 http://www.w��.gqv/wgob,'s�l1fileslspµt5-5303.txt?v=1 1L1..7;·. \_• I/,._, _ I v 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 http://www.wdoJ..�ov{'3/d�s�aj'pes/sfcIBS-5303.txt?v=1 YL_ U ··, '-' I /\l;c .J I _,, 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 http://www.wdol.g�r�(w'4q�/ 1�at;;�e�sfs��s1 303.txt?v=1 i'LL U ··; '- fr,uc �- � ..., 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 http://www.wdol.?�;v1:J.V4?�c�rs/st9j,l?-5303.txt?v=1 iul U .,. __1 lrH., L �· L t 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) http://www.wd��f(j"r'<l?ll�c;�l�s/�,t�l5-5303.txt?v=l • V I r, .... L . ...-: � L 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 9/27/2016 Page 9of10 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 9/27/2016 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)). http://www.wdol.gov/w40:Vffll�/syVf5-5J-9¥x:t?v=1 J luL V • y- li"L w'l .) � 9/27/2016