HEALTH & WELFARE: $5.55 per hour, up to 40 hours per week, or $222.00 per week or $962.00 per month HEALTH & WELFARE EO 13706: $5.09 per hour, up to 40 hours per week, or $203.60 per week, or $882.27 per month* *This rate is to be used only when compensating employees for performance on an SCA- covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706. | VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 8 years, 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) | HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: This wage determination does not apply to any individual employed in a bona fide executive, administrative, or professional capacity, as defined in 29 C.F.R. Part 541. (See 41 C.F.R. 6701(3)). Because most Computer Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or at least $684 per week if paid on a salary or fee basis) likely qualify as exempt computer professionals under 29 U.S.C. 213(a)(1) and 29 U.S.C. 213(a)(17), this wage determination may not include wage rates for all occupations within those job families. In such instances, a conformance will be necessary if there are nonexempt employees in these job families working on the contract. Job titles vary widely and change quickly in the computer industry, and are not determinative of whether an employee is an exempt computer professional. To be exempt, computer employees who satisfy the compensation requirements must also have a primary duty that consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). Any computer employee who meets the applicable compensation requirements and the above duties test qualifies as an exempt computer professional under both section 13(a)(1) and section 13(a)(17) of the Fair Labor Standards Act. (Field Assistance Bulletin No. 2006-3 (Dec. 14, 2006)). Accordingly, this wage determination will not apply to any exempt computer employee regardless of which of these two exemptions is utilized. 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). ** HAZARDOUS PAY DIFFERENTIAL ** An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of """"wash and wear"""" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. ** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS ** The duties of employees under job titles listed are those described in the """"Service Contract Act Directory of Occupations"""", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated. ** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard Form 1444 (SF-1444) ** Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the U.S. Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour Division's decision to the contractor. 6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)). Information required by the Regulations must be submitted on SF-1444 or bond paper. When preparing a conformance request, the """"Service Contract Act Directory of Occupations"""" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1)).
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Procurement Services Home Staff MUPS Newsletter Rules, Policies & Procedures Policies & Procedures Purchasing and Payment Guidelines Procurement Communications Terms and Conditions Purchasing Handbook MUBOG Purchasing Policy FA-9 Code of Ethics Computer & Software Purchases Training Quick Guide Basic Training Guides Direct Award Training Contracts University Contracts WV Statewide Contracts WVNET Contracts Forms Vendor Resources Bid and Proposal Opportunities Vendor Registration & Euna Procurement Login Suppliers Guide Terms and Conditions Marshall Marketplace Marketplace Punchout Catalogs Catalog Order Checklist Non-Catalog Order Checklist Purchasing Handbook Whether you are a new employee joining the University for the first time or you are just interested in refreshing your knowledge of procurement procedures, this handbook is designed to guide you through Marshall University’s purchasing process. If you would prefer a downloadable PDF version of the Purchasing Handbook, please click here . OVERVIEW The Office of Purchasing The Marshall University Office of Purchasing maintains a central purchasing office that assists faculty and staff with the acquisition of goods and services. The purchasing office is responsible for academic, support, medical education departments of the University and the Marshall University Research Corporation. To give you the best possible service, one person will be assigned to your department. Other Information For further information about the purchasing process at Marshall, consult the Purchasing website and the Banner website. PURPOSE Purchasing exists to serve you, our customer. Our primary goal is to buy what you need as quickly and efficiently as we can at the best price from a responsible vendor. Very simply, we are here to help you get what you want for your department. Additionally, the office is the liaison between the University and Vendor communities. AUTHORITY TO PURCHASE AND OBLIGATE FUNDS West Virginia State Code vests the Board of Governors with the authority to purchase and acquire materials, supplies, equipment, services, construction and printing for the State’s colleges and universities. Authority is also given to the Board to set purchasing policy and prepare rules and regulations. Marshall University’s Office of Purchasing adheres to the Marshall University Board of Governors (MUBOG) FA9 Purchasing Policy. In accordance with the procedures, the President of the University appoints the Chief Procurement Officer (CPO) and Director of Purchasing. The CPO is responsible for the procurement of all goods and services for Marshall University. All of the guidelines and directives governing University purchasing policy are described in detail in State law, the Marshall University Board of Governor’s FA9 Purchasing Policy, the University’s Green book, MURC purchasing guidelines and this handbook. The University’s procurement officers and CPO delegated designees are the only individuals authorized to effect and sign non-credit card and non-essential service purchases, and agreements or contracts for Marshall University. Faculty and staff outside of Purchasing may not obligate University funds, regardless of source. The Attorney General, the Audit Division, and the Department of Finance and Administration only accept purchasing documents signed by procurement officers. Only University procurement officers or designees may issue confirming orders to vendors. Although the University is essentially its own manager in purchasing, numerous special instructions are often directed by outside agencies such as the Governor’s Office, the Attorney General’s Office, the Board of Governors, WVNET, or the Auditor’s Office. Both Purchasing and University departments are required to follow these guidelines. DELEGATED AUTHORITY For better management of both the budget and purchasing processes, it is highly desirable that one person in the department be responsible for submitting purchase requisitions. It is the responsibility of the department to accurately include all necessary accounting and purchasing data on the electronic requisition form. Accounts Payable has delegated authority to approve encumbrance documents for specific services Departments have delegated authority to spend on the purchasing card for procurements less than $10,000. Revocation of Delegated Authority The Chief Procurement Officer may revoke delegated authority to an individual or department at his or her discretion. When delegated authority is revoked, the Chief Procurement Officer shall, in writing, notify the State Auditor of the effective date of revocation. ETHICS West Virginia Governmental Ethics Act The West Virginia Governmental Ethics Act is applicable to all purchasing and receiving activities performed under the jurisdiction of the Governing Board. INTERNAL PURCHASING AUDITS The Chief Procurement Officer may provide for an independent audit of the University’s Procurement Services function, and for any delegations of purchasing authority. The Chief Procurement Officer may also carry out the audit at the request of the President, or the Senior Vice President of Operations / Chief of Staff. The audit will be documented in an internal report and provided to the University Auditor. AFTER-THE-FACT PURCHASES Purchases made without the prior approval of Purchasing are unauthorized purchases and become the personal responsibility of the person making the purchase. Known as “after-the- fact” purchases, they will require an explanation and justification that will be subject to approval. Those less than 30 days old will be reviewed by the Director of Purchasing. Those that are more than 30 days old will be reviewed by the Chief Operations Officer and also be approved by the appropriate departmental dean or higher level administrator. Original letters, e-mails, or faxed correspondence will be acceptable. Letters of Justification must: 1. Explain why University policy was not followed 2. Describe efforts instituted to preclude it from happening in the future. Any person who is not authorized to approve a purchase or contract, or who does so in a manner that is in violation of state law may be held personally liable for the cost of such purchase or contract as provided in state law. Purchases or contracts violating state law shall be void and of no effect. EXPLANATIONS FOR NON-COMPETING OR NOT ACCEPTING THE LOW BID An explanation is required from the department whenever they choose not to accept the low bid/quote or desire a sole source purchase over $25,000. A letter of explanation is expected from the department whenever the department has failed to utilize one of the procurement alternatives. If the situation was such that they could have “worked within the system” and did not, they have violated University policy and may be held personally accountable for obligating the University. Letters of justification for “after-the-fact” purchases less than 30 days old will be reviewed by the Director of Purchasing. Those that are more than 30 days old will be reviewed by the Senior Vice President of Administration and also be approved by the appropriate departmental dean or higher level administrator. PRE-PURCHASE ENCUMBRANCE OF FUNDS West Virginia state law requires that all expenditures be made within the limits of available appropriations and funds relating to expenditure schedules and quarterly allotments. Funds must be encumbered in advance of any purchase, agreement or contract being awarded. Exceptions require the prior approval of the Chief Financial Officer or designee. Estimates are encouraged. FUND SOURCES All funds deposited with the University, regardless of source, are University funds and must be managed in accordance with University policy. There are generally four kinds of funds at the University: State appropriated, State special appropriated, Federal grant and private funds in the Marshall University Foundation or Research Corporation. Each fund may have different expiration dates or other spending restrictions. VENDOR REGISTRATION In accordance with West Virginia State Code, every person, firm or corporation selling goods or services to the University in excess of $50,000 per order must complete and file a Vendor Registration and Disclosure Statement (Form WV-1 or WV1A) with the State Purchasing Division. A Vendor only has to register once. However, if the ownership, services offered or organizational structure change, the vendor must update the original registration by filling out a new form. The registration must be received by the State Purchasing Division in Charleston prior to award of a bid. When registering, the Federal Employer’s Identification Number (FEIN) of the firm or partnership must be given. If the registrant is an individual, his or her Social Security number must be supplied. After the form is completed, it must be signed, notarized and filed with the State Purchasing Division. A vendor may obtain a registration form by contacting the University’s Office of Purchasing or the State Purchasing Division. Also each fiscal year, vendors who have completed the WV-1 must pay a fee to the State. Vendors supplying sole source commodities are not required to pay the annual fee but must complete the WV-1A registration form. PURCHASES FROM WEST VIRGINIA VENDORS It is the policy of the Office of Purchasing to purchase as many goods and services as possible from West Virginia vendors. Departments are actively encouraged to support this policy for the benefit of these vendors and the State’s economy. Departments are especially encouraged to buy from state vendors who are minority, small, woman-owned, or disadvantaged businesses. FORMS There are several forms used to initiate the purchase of goods and services for the departments at the University. The following Marshall University forms are essential documents for the purchase of certain services, supplies or equipment. Instructions for completing th
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