MODIFICATION
34 -- Jemez Closure Gates - Amendment 1
- Notice Date
- 7/1/2014
- Notice Type
- Modification/Amendment
- NAICS
- 332999
— All Other Miscellaneous Fabricated Metal Product Manufacturing
- Contracting Office
- Department of Agriculture, Forest Service, R-3 Southwestern Region/Northern Zone, 2113 Osuna Road NE, Albuguerque, New Mexico, 87113, United States
- ZIP Code
- 87113
- Solicitation Number
- AG-8379-S-14-0032
- Point of Contact
- Joseph Varoz, Phone: 5054385341
- E-Mail Address
-
jvaroz@fs.fed.us
(jvaroz@fs.fed.us)
- Small Business Set-Aside
- Total Small Business
- Description
- Document 05500 Amended Document 02446 Amended SF-30 Amendment # 1 Project Name: Jemez Closure Gates Solicitation AG-8379-S-14-0032 Contractors must be registered with the US FEDERAL GOVERNMENT SYSTEM FOR AWARD MANAGEMENT (SAM.gov), at the time of solicitation due date, in order to be considered for a Government contract. Information regarding these requirements and how to register may be obtained from http://www.sam.gov. Offers are being accepted by electronic mail at jvaroz@fs.fed.us. Offers must be submitted using the attached solicitation forms, signed by company officer with contact information, DUNS #, and are due no later than NOON 12:00 PM, MDT on July 02, 2014. US Forest Service personnel will pick up the gates from the contractor. No delivery or installation is required. Prosepctive contractors must be located within a 60-mile radius of the following address: 11 Forest Lane, Santa Fe, NM 87508 All questions regarding this Request for Quotation must be sent in writing via e-mail to Joseph Varoz at jvaroz@fs.fed.us no later than Friday, June 27th, 2014 at 5:00 PM MDT. Synopsis: This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. Solicitation AG-8379-S-14-0032 is issued as a Request for Quotation (RFQ) with an issue date of June 26, 2014 and a closing date of July 02, 2014 at 12:00 NOON Mountain Time. The attached solicitation document and incorporated provisions and clauses are in effect through Federal Acquisition Circular 2005-38. This is a Total Small Business Set-Aside under NAICS 332323. The Santa Fe National Forest Supervisor's Office is soliciting quotations on a competitive basis from qualified organizations to enter into a firm fixed price contract for fabrication, primer & painting of 27 EA closure gates per drawings and specifications. Responses to solicitation AG-8379-S-14-0032 must be in accordance with specifications which can be found in the attached solicitation documents. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK INTRODUCTION Background The Forest Service is in need of services to fabricate 27EA Closure Gates. Scope of Contract (See attached documents, drawings and specifications) This solicitation will result in a best value contract that is Firm Fixed Price. The performance period will begin approximately July 10th, 2014. Evaluation Criteria: Basis of Award: A BEST VALUE award will be made to the single offeror who submits a proposal that meets or exceeds the technically acceptable standards for non-cost (technical) factors and who also has the lowest evaluated price. M.2.1 Technical Factors M.2.1.1 Past performance. This includes all contracts held with the U.S. Government over the past three years. Please provide contact information for the Government Contracting Officer (CO). Contract award number, period of performance, dollar value of award, and name and contact information for the Contracting Officer Representative (COR). M.2.1.2 Experience of Key Personnel. Includes experience, skills, and abilities to perform the required work. M.3.1 Price. Price will be evaluated based on reasonableness for the work called for in the Scope of Work. When combined, non-price factors are approximately equal to price. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) (Applicable if contract exceeds $30,000) 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2014) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2014) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). _X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] _X__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (13) [Reserved] _X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). ___ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). ___ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). ___ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). ___ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _X__ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). ___ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) + (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. __X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). __X_ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (44) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (46) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note). ___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ___ (52) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (53) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (56) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (APR 2002) (Applicable if contract exceeds $10,000) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (Applicable if contract exceeds $10,000) 52.222-41 Service Contract Act of 1965, as Amended (JUL 2005) 52.222-50 Combating Trafficking in Persons (APR 2006) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.232-1 Payments (APR 84) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2003) 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JULY 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (SEP 2006) 52.245-2 Government Property (Fixed-Price Contracts) (MAY 2004) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES 452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988) 52.204-7 Central Contractor Registration (JUL 2006) (a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern. "Registered in the CCR database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and (2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process. (b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number- (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the CCR database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984). At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. WD 05-2511 (Rev.-17) was first posted on www.wdol.gov on 06/25/2013 ************************************************************************************ REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2005-2511 Diane C. Koplewski Division of | Revision No.: 17 Director Wage Determinations| Date Of Revision: 06/19/2013 _______________________________________|____________________________________________ States: New Mexico, Texas Area: New Mexico Counties of Chaves, Dona Ana, Eddy, Grant, Hidalgo, Lincoln, Luna, Otero, Sierra Texas Counties of Culberson, El Paso, Hudspeth ____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 12.78 01012 - Accounting Clerk II 14.46 01013 - Accounting Clerk III 16.18 01020 - Administrative Assistant 17.66 01040 - Court Reporter 15.70 01051 - Data Entry Operator I 9.57 01052 - Data Entry Operator II 10.56 01060 - Dispatcher, Motor Vehicle 13.41 01070 - Document Preparation Clerk 11.19 01090 - Duplicating Machine Operator 11.19 01111 - General Clerk I 9.61 01112 - General Clerk II 10.49 01113 - General Clerk III 11.77 01120 - Housing Referral Assistant 14.98 01141 - Messenger Courier 8.76 01191 - Order Clerk I 10.48 01192 - Order Clerk II 11.44 01261 - Personnel Assistant (Employment) I 12.80 01262 - Personnel Assistant (Employment) II 14.44 01263 - Personnel Assistant (Employment) III 15.99 01270 - Production Control Clerk 16.69 01280 - Receptionist 9.47 01290 - Rental Clerk 10.50 01300 - Scheduler, Maintenance 12.00 01311 - Secretary I 12.01 01312 - Secretary II 13.43 01313 - Secretary III 14.98 01320 - Service Order Dispatcher 11.77 01410 - Supply Technician 17.23 01420 - Survey Worker 13.70 01531 - Travel Clerk I 11.16 01532 - Travel Clerk II 12.20 01533 - Travel Clerk III 13.00 01611 - Word Processor I 12.87 01612 - Word Processor II 14.45 01613 - Word Processor III 16.16 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 16.41 05010 - Automotive Electrician 15.40 05040 - Automotive Glass Installer 14.37 05070 - Automotive Worker 14.37 05110 - Mobile Equipment Servicer 12.32 05130 - Motor Equipment Metal Mechanic 16.41 05160 - Motor Equipment Metal Worker 14.37 05190 - Motor Vehicle Mechanic 17.31 05220 - Motor Vehicle Mechanic Helper 11.29 05250 - Motor Vehicle Upholstery Worker 13.34 05280 - Motor Vehicle Wrecker 14.37 05310 - Painter, Automotive 15.40 05340 - Radiator Repair Specialist 14.37 05370 - Tire Repairer 11.33 05400 - Transmission Repair Specialist 16.41 07000 - Food Preparation And Service Occupations 07010 - Baker 10.51 07041 - Cook I 9.61 07042 - Cook II 11.41 07070 - Dishwasher 7.37 07130 - Food Service Worker 8.06 07210 - Meat Cutter 11.04 07260 - Waiter/Waitress 7.30 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 15.73 09040 - Furniture Handler 8.80 09080 - Furniture Refinisher 15.73 09090 - Furniture Refinisher Helper 11.05 09110 - Furniture Repairer, Minor 13.15 09130 - Upholsterer 15.73 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 8.07 11060 - Elevator Operator 8.07 11090 - Gardener 12.04 11122 - Housekeeping Aide 9.02 11150 - Janitor 9.02 11210 - Laborer, Grounds Maintenance 9.02 11240 - Maid or Houseman 7.74 11260 - Pruner 7.79 11270 - Tractor Operator 11.51 11330 - Trail Maintenance Worker 9.02 11360 - Window Cleaner 10.45 12000 - Health Occupations 12010 - Ambulance Driver 12.83 12011 - Breath Alcohol Technician 14.94 12012 - Certified Occupational Therapist Assistant 22.21 12015 - Certified Physical Therapist Assistant 21.09 12020 - Dental Assistant 12.61 12025 - Dental Hygienist 27.43 12030 - EKG Technician 25.42 12035 - Electroneurodiagnostic Technologist 25.42 12040 - Emergency Medical Technician 12.83 12071 - Licensed Practical Nurse I 16.95 12072 - Licensed Practical Nurse II 18.96 12073 - Licensed Practical Nurse III 21.15 12100 - Medical Assistant 10.86 12130 - Medical Laboratory Technician 13.77 12160 - Medical Record Clerk 13.27 12190 - Medical Record Technician 14.84 12195 - Medical Transcriptionist 14.31 12210 - Nuclear Medicine Technologist 33.37 12221 - Nursing Assistant I 9.26 12222 - Nursing Assistant II 10.41 12223 - Nursing Assistant III 11.36 12224 - Nursing Assistant IV 12.75 12235 - Optical Dispenser 11.21 12236 - Optical Technician 9.30 12250 - Pharmacy Technician 13.41 12280 - Phlebotomist 13.52 12305 - Radiologic Technologist 23.81 12311 - Registered Nurse I 23.99 12312 - Registered Nurse II 28.64 12313 - Registered Nurse II, Specialist 28.64 12314 - Registered Nurse III 34.65 12315 - Registered Nurse III, Anesthetist 34.65 12316 - Registered Nurse IV 41.55 12317 - Scheduler (Drug and Alcohol Testing) 21.37 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 19.15 13012 - Exhibits Specialist II 23.08 13013 - Exhibits Specialist III 27.03 13041 - Illustrator I 19.15 13042 - Illustrator II 23.08 13043 - Illustrator III 27.03 13047 - Librarian 24.46 13050 - Library Aide/Clerk 11.49 13054 - Library Information Technology Systems 22.09 Administrator 13058 - Library Technician 17.24 13061 - Media Specialist I 15.83 13062 - Media Specialist II 17.83 13063 - Media Specialist III 19.88 13071 - Photographer I 12.93 13072 - Photographer II 16.45 13073 - Photographer III 20.57 13074 - Photographer IV 24.45 13075 - Photographer V 27.88 13110 - Video Teleconference Technician 14.70 14000 - Information Technology Occupations 14041 - Computer Operator I 13.67 14042 - Computer Operator II 15.46 14043 - Computer Operator III 17.25 14044 - Computer Operator IV 19.17 14045 - Computer Operator V 21.22 14071 - Computer Programmer I (see 1) 21.43 14072 - Computer Programmer II (see 1) 26.56 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 13.67 14160 - Personal Computer Support Technician 22.41 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 26.13 15020 - Aircrew Training Devices Instructor (Rated) 32.14 15030 - Air Crew Training Devices Instructor (Pilot) 37.89 15050 - Computer Based Training Specialist / Instructor 26.13 15060 - Educational Technologist 32.13 15070 - Flight Instructor (Pilot) 37.89 15080 - Graphic Artist 19.52 15090 - Technical Instructor 18.06 15095 - Technical Instructor/Course Developer 22.09 15110 - Test Proctor 14.58 15120 - Tutor 14.58 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 7.64 16030 - Counter Attendant 7.64 16040 - Dry Cleaner 9.31 16070 - Finisher, Flatwork, Machine 7.64 16090 - Presser, Hand 7.64 16110 - Presser, Machine, Drycleaning 7.64 16130 - Presser, Machine, Shirts 7.64 16160 - Presser, Machine, Wearing Apparel, Laundry 7.64 16190 - Sewing Machine Operator 9.84 16220 - Tailor 10.41 16250 - Washer, Machine 8.19 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 15.73 19040 - Tool And Die Maker 20.26 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 10.91 21030 - Material Coordinator 16.69 21040 - Material Expediter 16.69 21050 - Material Handling Laborer 9.14 21071 - Order Filler 10.49 21080 - Production Line Worker (Food Processing) 10.91 21110 - Shipping Packer 10.48 21130 - Shipping/Receiving Clerk 10.49 21140 - Store Worker I 8.93 21150 - Stock Clerk 12.82 21210 - Tools And Parts Attendant 10.91 21410 - Warehouse Specialist 10.91 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 26.14 23021 - Aircraft Mechanic I 23.82 23022 - Aircraft Mechanic II 26.14 23023 - Aircraft Mechanic III 27.45 23040 - Aircraft Mechanic Helper 16.39 23050 - Aircraft, Painter 18.67 23060 - Aircraft Servicer 19.25 23080 - Aircraft Worker 20.78 23110 - Appliance Mechanic 16.14 23120 - Bicycle Repairer 11.33 23125 - Cable Splicer 21.87 23130 - Carpenter, Maintenance 15.73 23140 - Carpet Layer 14.64 23160 - Electrician, Maintenance 18.27 23181 - Electronics Technician Maintenance I 19.57 23182 - Electronics Technician Maintenance II 21.02 23183 - Electronics Technician Maintenance III 22.67 23260 - Fabric Worker 13.46 23290 - Fire Alarm System Mechanic 16.62 23310 - Fire Extinguisher Repairer 12.26 23311 - Fuel Distribution System Mechanic 19.79 23312 - Fuel Distribution System Operator 15.20 23370 - General Maintenance Worker 14.64 23380 - Ground Support Equipment Mechanic 23.82 23381 - Ground Support Equipment Servicer 19.25 23382 - Ground Support Equipment Worker 20.78 23391 - Gunsmith I 12.26 23392 - Gunsmith II 14.64 23393 - Gunsmith III 16.96 23410 - Heating, Ventilation And Air-Conditioning 16.12 Mechanic 23411 - Heating, Ventilation And Air Contditioning 17.24 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 17.80 23440 - Heavy Equipment Operator 16.96 23460 - Instrument Mechanic 18.50 23465 - Laboratory/Shelter Mechanic 15.73 23470 - Laborer 9.14 23510 - Locksmith 15.73 23530 - Machinery Maintenance Mechanic 16.96 23550 - Machinist, Maintenance 16.31 23580 - Maintenance Trades Helper 11.27 23591 - Metrology Technician I 18.50 23592 - Metrology Technician II 19.66 23593 - Metrology Technician III 20.93 23640 - Millwright 17.46 23710 - Office Appliance Repairer 15.62 23760 - Painter, Maintenance 14.67 23790 - Pipefitter, Maintenance 17.63 23810 - Plumber, Maintenance 16.55 23820 - Pneudraulic Systems Mechanic 16.96 23850 - Rigger 16.96 23870 - Scale Mechanic 14.64 23890 - Sheet-Metal Worker, Maintenance 15.63 23910 - Small Engine Mechanic 14.64 23931 - Telecommunications Mechanic I 21.99 23932 - Telecommunications Mechanic II 23.51 23950 - Telephone Lineman 19.48 23960 - Welder, Combination, Maintenance 16.96 23965 - Well Driller 16.96 23970 - Woodcraft Worker 16.96 23980 - Woodworker 12.26 24000 - Personal Needs Occupations 24570 - Child Care Attendant 8.41 24580 - Child Care Center Clerk 10.49 24610 - Chore Aide 8.29 24620 - Family Readiness And Support Services 11.01 Coordinator 24630 - Homemaker 12.70 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 19.71 25040 - Sewage Plant Operator 17.19 25070 - Stationary Engineer 18.43 25190 - Ventilation Equipment Tender 12.83 25210 - Water Treatment Plant Operator 17.19 27000 - Protective Service Occupations 27004 - Alarm Monitor 15.20 27007 - Baggage Inspector 10.38 27008 - Corrections Officer 18.66 27010 - Court Security Officer 18.66 27030 - Detection Dog Handler 14.84 27040 - Detention Officer 18.66 27070 - Firefighter 19.83 27101 - Guard I 10.38 27102 - Guard II 14.84 27131 - Police Officer I 21.41 27132 - Police Officer II 23.78 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 11.64 28042 - Carnival Equipment Repairer 12.69 28043 - Carnival Equpment Worker 8.45 28210 - Gate Attendant/Gate Tender 13.37 28310 - Lifeguard 11.90 28350 - Park Attendant (Aide) 14.96 28510 - Recreation Aide/Health Facility Attendant 10.92 28515 - Recreation Specialist 14.10 28630 - Sports Official 11.92 28690 - Swimming Pool Operator 16.36 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 17.06 29020 - Hatch Tender 17.06 29030 - Line Handler 17.06 29041 - Stevedore I 15.68 29042 - Stevedore II 18.98 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.77 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.66 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 - Archeological Technician I 18.13 30022 - Archeological Technician II 20.27 30023 - Archeological Technician III 25.11 30030 - Cartographic Technician 25.12 30040 - Civil Engineering Technician 19.04 30061 - Drafter/CAD Operator I 15.03 30062 - Drafter/CAD Operator II 16.81 30063 - Drafter/CAD Operator III 19.99 30064 - Drafter/CAD Operator IV 26.25 30081 - Engineering Technician I 15.71 30082 - Engineering Technician II 17.63 30083 - Engineering Technician III 20.27 30084 - Engineering Technician IV 24.96 30085 - Engineering Technician V 29.90 30086 - Engineering Technician VI 36.17 30090 - Environmental Technician 19.33 30210 - Laboratory Technician 19.91 30240 - Mathematical Technician 24.90 30361 - Paralegal/Legal Assistant I 16.54 30362 - Paralegal/Legal Assistant II 20.49 30363 - Paralegal/Legal Assistant III 25.07 30364 - Paralegal/Legal Assistant IV 30.33 30390 - Photo-Optics Technician 22.90 30461 - Technical Writer I 26.05 30462 - Technical Writer II 31.87 30463 - Technical Writer III 38.56 30491 - Unexploded Ordnance (UXO) Technician I 22.74 30492 - Unexploded Ordnance (UXO) Technician II 27.51 30493 - Unexploded Ordnance (UXO) Technician III 32.97 30494 - Unexploded (UXO) Safety Escort 22.74 30495 - Unexploded (UXO) Sweep Personnel 22.74 30620 - Weather Observer, Combined Upper Air Or (see 3) 19.99 Surface Programs 30621 - Weather Observer, Senior (see 3) 20.83 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 9.98 31030 - Bus Driver 15.52 31043 - Driver Courier 11.32 31260 - Parking and Lot Attendant 7.85 31290 - Shuttle Bus Driver 12.39 31310 - Taxi Driver 10.33 31361 - Truckdriver, Light 12.39 31362 - Truckdriver, Medium 14.19 31363 - Truckdriver, Heavy 17.82 31364 - Truckdriver, Tractor-Trailer 17.82 99000 - Miscellaneous Occupations 99030 - Cashier 7.93 99050 - Desk Clerk 10.35 99095 - Embalmer 22.74 99251 - Laboratory Animal Caretaker I 9.70 99252 - Laboratory Animal Caretaker II 10.76 99310 - Mortician 22.69 99410 - Pest Controller 14.84 99510 - Photofinishing Worker 11.95 99710 - Recycling Laborer 11.26 99711 - Recycling Specialist 14.37 99730 - Refuse Collector 9.72 99810 - Sales Clerk 10.14 99820 - School Crossing Guard 8.48 99830 - Survey Party Chief 17.09 99831 - Surveying Aide 11.84 99832 - Surveying Technician 13.97 99840 - Vending Machine Attendant 9.87 99841 - Vending Machine Repairer 12.54 99842 - Vending Machine Repairer Helper 9.87 ____________________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $3.81 per hour or $152.40 per week or $660.40 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of 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 OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An employee is entitled to pay for all work performed between the hours of 6:00 P.M. and 6:00 A.M. at the rate of basic pay plus a night pay differential amounting to 10 percent of the rate of basic pay. 3) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol. gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.
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