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Kittitas CO Patrol Services, Washington SOLICITATION NO. 140L4325Q0056 <br />BLM Spokane District Page 31 of 65 <br />Worker- <br />(1) <br />(i)Means any person engaged in performing work on, or in connection with, a contract <br />covered by Executive Order 14026, and- <br />(A)Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. <br />chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements <br />(Construction) statute (40 U.S.C. chapter 31, subchapter IV); <br />(B)Other than individuals employed in a bona fide executive, administrative, or professional <br />capacity, as those terms are defined in 29 CFR part 541; and <br />(C)Regardless of the contractual relationship alleged to exist between the individual and <br />the employer. <br />(ii)Includes workers performing on, or in connection with, the contract whose wages are calculated <br />pursuant to special certificates issued under 29 U.S.C. 214(c). <br />(iii)Also includes any person working on, or in connection with, the contract and individually <br />registered in a bona fide apprenticeship or training program registered with the Department of Labor's <br />Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency <br />recognized by the Office of Apprenticeship. <br />(2) <br />(i)A worker performs on a contract if the worker directly performs the specific services called <br />for by the contract; and <br />(ii)A worker performs in connection with a contract if the worker's work activities are <br />necessary to the performance of a contract but are not the specific services called for by the contract. <br />(b)Executive Order Minimum wage rate. <br />(1)The Contractor shall pay to workers, while performing in the United States, and performing <br />on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning <br />January 30, 2022. <br />(2)The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, <br />and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the <br />Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in <br />the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The <br />Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any <br />successor website), and a general notice on all wage determinations issued under the Service Contract Labor <br />Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on <br />the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage <br />is incorporated by reference into this contract. <br />(3) <br />(i)The Contractor may request a price adjustment only after the effective date of the new <br />annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including <br />subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated <br />labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases <br />that result from changes in social security and unemployment taxes and workers' compensation insurance, <br />but will not otherwise include any amount for general and administrative costs, overhead, or profit.