Grounds Maintenance non-personal services for the Key West WFO Florida (WFO) National Weather Service Forecast Office (NWS)
Added: Apr 01, 2016 1:02 pm ***AS A REMINDER, THIS REQUIREMENT IS UNDER THE WHAT USED TO BE THE SERVICE CONTRACT ACT (SCA) AND IS NOW CALLED THE SERVICE CONTRACT LABOR STANDARDS STATUTE (SCLS), WAGE DETERMINATION (WD) WD 05-2119 REV 18. THIS WD PROVIDES THAT THE HOURLY RATE FOR GROUNDS KEEPING NON-PERSONAL SERVICES MINIMUM IS A COMBINATION OF THE HOURLY WAGE RATE OF $11.40 PLUS THE HEALTH & WELFARE AMOUNT OF $4.27 FOR A TOTAL MINIMUM HOURLY WAGE OF $15.67 WHICH YOUR COMPANY IS REQUIRED BY LAW TO PAY. COMBINED SYNOPSIS/SOLICITATIONGrounds Maintenance non-personal services for the Key West WFO Florida (WFO) National Weather Service Forecast Office (NWS)(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NWWP9201-16-00212SRG.(III) The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-87.(IV) This solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 561730. The small business size standard is $7.5 million.(V) This combined solicitation/synopsis is for purchase of the following commercial services and products:CLIN 0001 - Base Year; Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for Grounds Maintenance for the National Weather Service at Key West WFO Florida (WFO) in accordance with the statement of work for the period of twelve months.CLIN 1001 - Option Year 1; Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for Grounds Maintenance for the National Weather Service at Key West WFO Florida (WFO) in accordance with the statement of work for the period of twelve months.CLIN 2001 - Option Year 2; Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for Grounds Maintenance for the National Weather Service at Key West WFO Florida (WFO) in accordance with the statement of work for the period of twelve months.CLIN 3001 - Option Year 3; Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for Grounds Maintenance for the National Weather Service at Key West WFO Florida (WFO) in accordance with the statement of work for the period of twelve months.CLIN 4001 - Option Year 4; Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for Grounds Maintenance for the National Weather Service at Key West WFO Florida (WFO) in accordance with the statement of work for the period of twelve months.(VI) Description of requirements is as follows:1. The contractor shall be responsible for satisfactorily managing and performing programs for grounds keeping as specified herein at the following location:National Weather Service Office 1315 White StreetKey West, Florida 33040(305) 295-13162. Primary ResponsibilityMatthew Moreland, Meteorologist in Charge (MIC) - * The official is referred to toughout the Specifications as the "MIC" and Laura Kasper (Alternate Contact).If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount or the price of the contract may be reduced to reflect the reduced value of services performed. If the defects in services are not corrected by re-performance, the Government may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements. 3. Legal Requirements and PermitsThe vendor must procure and maintain at his/her expense, all necessary permits and licenses for the conduct of operations under any order resulting from this Request for Quotation, and hereby agrees to comply with all applicable municipal, State and Federal regulations. This includes Title 7, Chapter 6, Section 136 of the United States Code, Insecticides and Environmental Pesticide Control. All personnel handling pesticides or herbicides will be certified and licensed in the state in which the work is to be performed. All pesticides and/or herbicides will be authorized/approved for use by each state in which the work is to be performed. The offeror must include with the offer package, certification or license for any and all employees that will be handling or applying pesticides in performance of this Statement of Work to be considered for award.4. Supervisor and Labor. The Contractor shall enforce strict discipline and good order among the Contractor's employees. The Contractor shall exercise the necessary supervision and control to prevent Contractor's employees from violating any rules and regulations.5. Conduct of Work The Contractor should bring any noted defect, disease or insect infestation of the grounds to the attention of the MIC or designate and services under this contract must be performed in such a way that there will be no interruption to, interference with, the normal operation of Government business on the premises.6. Schedule and RequirementsREQUIREMENTS - The hours approved for these services are 8am to 4pm and Monday-Friday.Mowing will take place per the following schedule.- Once a week during -May, June, July, August, September, October, November- Every two weeks during - January, February, March, April, Decembera. Fertilizer once per month during the following months: February, May, August and October b. Chemical Weed Control once per month during the following months: March and June7. Description of Services The Contractor will be responsible for satisfactorily managing and performing exterior landscape maintenance services at the National Weather Service located at 1315 White Street, Key West, Florida. Exterior grounds consist of lawns, native grass areas, gravel, plant beds, parking lot, walks, driveways and curb. The Contractor must provide all labor, tools, equipment, supervision, herbicides, transportation and any other or services necessary, to maintain the landscaping and grounds in such a manner to present a neat and well maintained appearance. All products used are to be environmentally friendly and a list and Material Safety Data Sheets (MSDS) of these products will be supplied to the MIC for approval. The products are to be non-toxic, biodegradable, and made from renewable sources (not petroleum) to promote a healthy and green environment when possible.The MSDS must be provided by the contractor to the MIC or Administrative Assistant (ASA) where the information will be kept on file in accordance with applicable guidelines of the OSHA Hazard Communications Standard. Requirements pertaining to recordkeeping will be strictly followed, with copy(s) provided to MIC as necessary and upon request.MAINTAIN IMPROVED/SEMI-IMPROVED GROUNDSa. Mow Improved, Semi-Improved Grounds and Native Grassed Areas. Grass cutting of all lawn areas must be completed as per schedule. Grass clippings must be removed or mulched when visible after mowing. All improved and semi-improved grounds and native grassed areas must lock well manicured at all times.b. Edging. Sidewalks, driveways curbs and other concrete or asphalt edges located in the improved/semi-improved grounds must be concurrent with mowing per schedule. Edging will include removal of vegetation from cracks in sidewalks, driveways, and curbsc. Grass/Weed Trimming. Grass and weeds must be trimmed around trees, subs, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks, boulders, road shoulders and other fixed obstacles concurrent with mowing schedule. Damage to trees and subs from trimming must be repaired by the contractor.d. Remove Debris/Police Grounds. The Contractor must perform general litter patrol on all grounds. Responsibilities will include, but will not be limited to, the removal and disposal of all natural debris (tree limbs, dry brush, rodent habitats, dead animals, etc) and manmade debris. All grass clippings must be properly removed and disposed of offsite (not in the office dumpster). Sidewalks and paved areas must be cleaned of all lawn clippings after each mowing. Parking Lots/areas, walks, curb-gutter, sidewalks and concrete flat-work must be kept debris free (includes bark debris, dust and dirt). With the debris properly removed and disposed of offsite. Removal of debris and policing of grounds will be concurrent with mowing schedule.e. Application of Fertilizer. The Contractor must apply an effective fertilizer on all lawns, subs, plants and ground cover per Schedule. All fertilizers must be applied in accordance with manufacturer's instructions (4 times per year).f. Trimming and Pruning. The Contractor must maintain a neat and well maintained appearance of all plants, subs, and trees, by proper pruning, clipping, pinching back and shape maintenance. Also, contractor shall prune trees as necessary and/or at the request of the MIC or ASA. Subs and ground cover should be pruned as necessary to maintain a well manicured appearance.g. Weed Control. The Contractor must keep all lawns (includes semi-improved and native grassed areas), sub beds, ground-cover beds, flower beds, graveled areas, parking lot, and all other adjacent areas free of weeds at all times. Any herbicides must be applied by certified or licensed personnel. This should take place two (2) times a year, once in March and again in June.h. Fire Ant Control. The Contractor must provide fire ant control in lawn and flower beds concurrent with mowing schedule.i. Mulch. Contractor shall provide and spread enough mulch trees, subs, plants, and ground cover at a depth of at least two inches. (Note: 500 bags of compost mulch will be provided by the contractor.)j. Disease control. Contractor shall maintain trees, plants, lawn, and ground cover free of insects and disease. (Note: The treatment of insects and diseases will be provided by the contractor.)k. Sprinklers. The Contractor will provide routine maintenance of the sprinkler system, at no additional charge to the Government. Sprinklers should be kept in good working condition, with good areal coverage and pressure. Any damage or problems with the sprinkler system will be promptly reported to the National Weather Service Office. PERMANENT CHANGE IN SCOPEl. Special care for grounds at front section of building. This includes the 25 foot wide section of foliage at the front of the building including grass, subbery, and trees. This area will be cleaned and trimmed initially, and will be maintained as part of the regular grounds maintenance. Landscaping Material SpecificsSt. Augustine Grass. Mowing schedule will be devised to maintain grass at 3 inches high. Property has Sprinkler System. Watering will be scheduled at a minimum rate of 1 inch (25mm) per week. Repairs to damaged sprinkler heads or irrigation lines due to the carelessness on the part of the contractor's employees, will be the responsibility of the landscape contractor.Fertilizer. Slow-Release Fertilizer: Granular or pelleted fertilizer consisting of 50 percent water-insoluble nitrogen, phosphorus, and potassium in the following composition: Nitrogen, phosphorous, and potassium in amounts recommended in soil reports from a qualified soil-testing agency.MulchesA. Mulch shall be Eucalyptus mulch or other approved non native tree bark mulch. It must be uniformly sedded and be free from pieces of bark larger than 1", foreign matter, weed seeds and any other organic material. Submit sample for approval. B. Compost mulch: Well-composted, stable, and wed-free organic matter, pH range of 5.5 to 8; moisture content 35 to 55 percent by weight; 100 percent passing tough 1-inch (25-mm) sieve; soluble salt content of 5 to 10 decisiemens/m; not exceeding 0.5 percent inert contaminants and free of substances toxic to plantings; and as follows:1. Organic Matter Content: 50 to 60 percent of dry weight.2. Feedstock: Agricultural, food, or industrial residuals; biosolids, yard trimmings; or source-separated or compostable mixed solid waste. C. Mulches composed of Cypress as product or a byproduct are highly discouraged.D. Pea rock (crushed limestone) mulches are discouraged because of problems for plants at a later time. Pea rock dons not lower pH and may keep it high by releasing more lime.Planting Material Should Consist Of The Following Composition.• 1/3 Topsoil combined with 1/3 Peat consisting of Sphagnum peat moss, partially decomposed, finely divided or granular texture, with a pH range of 3.4 to 4.8 and Peat that is finely divided or granular texture, with a pH range of 6 to 7.5, containing partially decomposed moss peat, native peat, or reed-sedge peat and having a water-absorbing capacity of 1100 to 2000 percent.• 1/3 Manure that is well-rotted, unleached, stable or cattle manure containing not more than 25 percent by volume of straw, sawdust, or other bedding material; free of toxic substances, stones, sticks, soil, weed seed, and material harmful to plant growth.Planting Accessories. Selective Herbicides: EPA registered and approved, of type recommended by manufacturer for application.Considerations For Replacing Dying Plants, Trees And Palms. The landscape design at the National Weather Service's White Street property consists of Florida Keys native plants. The landscape design is intended to conserve water, provide low maintenance, and promote indigenous planting. Existing plantings should be replaced with like plants, trees, and palms. Any additional plants, trees, or palms are expected to be native to the Florida Keys and will need prior approval from the MIC before going into the ground. Area Dimensions For Landscape Maintenance Considerations• Overall grass area is approximately 53,000 square feet.• Sidewalks and landings equal 6,600 square feet.• The grated parking area with tree plantings is 11,860 square feet.• Concrete paving equals 7,230 square feet.8. Invoicing The vendor will bill on a monthly basis in arrears. The vendor will complete a service ticket and have the ticket signed by the site manager on completion of each site visit. All pertinent copies of completed forms shall accompany monthly invoices.9. OBSERVANCE OF LEGAL HOLIDAYS AND SITE CLOSURE INFORMATIONThe Contractor hereby agrees to observe the following Federal holidays, plus any other day off work designated by Federal Statute, by Executive Order, or by Presidential proclamation:New Year's Day Labor DayMartin Luther King's Birthday Columbus DayWashington's Birthday Veteran's DayMemorial Day Thanksgiving DayIndependence Day Cistmas DayWhen any holiday falls on a Saturday, the preceding Friday is observed; when any holiday falls on a Sunday, the following Monday is observed. All personnel assigned to this contract shall limit their observation of holidays to those set forth above.In each instance, the Contractor agrees to continue to provide sufficient personnel to perform requirements of any critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the MIC. In the event of a site dismissal or closure due to weather, emergency or other circumstances, the contractor is instructed to contact the MIC or Alternate MIC for guidance.Department of Labor Wage Rates: WD 05-2119, Revision No. 18, dated 12/29/2016 and which can be found on: www.wdol.gov.(VII) Period of performance shall be:Base Year for a twelve month period 06/01/2016 tough 05/31/2017.Option Period 1 for a twelve month period 06/01/2017 tough 05/31/2018.Option Period 2 for a twelve month period 06/01/2018 tough 05/31/2019.Option Period 3 for a twelve month period 06/01/2019 tough 05/31/2020.Option Period 4 for a twelve month period 06/01/2020 tough 05/31/2021.(VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (OCT 2015), applies to this acquisition. This is a Best Value Acquisition.NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.Quotes shall be fully executed and returned on the Standard Form (SF) 18 or your own company quote form and any acknowledgements of solicitation amendments on the SF 30. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable (preferred) and can be sent to Suzanne Garrett, email suzanne.garrett@noaa.gov or Faxed to 303-497-3163.At a minimum the contractor shall provide the following information:a) Point of contact name, telephone and E-mail address.b) DUNS Number"THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT".1352.215-72 Inquiries (APR 2010)OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING TO SUZANNE.GARRETT@NOAA.GOV. QUESTIONS SHOULD BE RECEIVED NO LATER THAN 4:00 P.M. MDT/MST, 4/8/2016. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause)To request to be included in a site visit contacts MATTHEW MORELAND AT 817-978-1111 X151 MATTHEW.MORELAND@NOAA.GOV & LAURA KASPER AT 817-978-4621 X151 LAURA.KASPER@NOAA.GOV. Make sure you get an acknowledgement of your request.52.237-1 SITE VISIT (APR 1984) Vendors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (End of provision)NOTE: NOT ATTENDING THE SITE VISIT WILL NOT BE AN ACCEPTABLE CAUSE TO JUSTIFY A LATER REQUEST FOR ADDITIONAL FUNDS.(IX) FAR 52.212-2, Evaluation - Commercial Items (OCT 2014), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a) 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. The following factors shall be used to evaluate offers. All factors have the same value:1. Price - This pricing must follow the regulations, laws and statute. Two of these are the minimum wage standards provided by the DOL and SCLS.2. Past Performance - quote shall include at least two references that can provide information pertaining to the offeror's performance of relevant work. Contractors past performance evaluation will be based on responsiveness, quality, and customer services. Past Performance is more important than price.(X) THE OFFEROR MUST SUBMIT A COMPLETED COPY OF THE PROVISION AT FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (MAR 2016), with its quote. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed tough http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) tough (q) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program."Forced or indentured child labor" means all work or service-(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties."Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner."Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees."Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-(1) PSC 5510, Lumber and Related Basic Wood Materials;(2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials;(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture."Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan;(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or(6) Have been voluntarily suspended."Sensitive technology"-(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-(i) To restrict the free flow of unbiased information in Iran; or(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"-(1) Means a small business concern-(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation."Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition."Subsidiary" means an entity in which more than 50 percent of the entity is owned-(1) Directly by a parent corporation; or(2) Tough another subsidiary of a parent corporation."Veteran-owned small business concern" means a small business concern-(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans."Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women."Women-owned small business concern" means a small business concern-(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and(2) Whose management and daily business operations are controlled by one or more women."Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed tough http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) tough (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any.These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition teshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.(d) Representations required to implement provisions of Executive Order 11246-(1) Previous contracts and compliance. The offeror represents that-(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and(ii) It □ has, □ has not filed all required compliance reports.(2) Affirmative Action Compliance. The offeror represents that- (i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Baainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Baainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Free Trade Agreement Country End Products (Other than Baainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Canadian End Products:Line Item No._____________________________________________________________________________________________________________________[List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Canadian or Israeli End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Baainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":Free Trade Agreement Country End Products (Other than Baainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements."(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.Other End Products:Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition teshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;(2) □ Have, □ have not, within a tee-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and(4) □ Have, □ have not, within a tee-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.(i) Taxes are considered delinquent if both of the following criteria apply:(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at .] (1) Listed end products. Listed End Product Listed Countries of Origin___________________ ______________________________________ ___________________(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] □ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.□ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or(2) □ Outside the United States.(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] □ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. □ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies-(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) tough (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). □ TIN: ________________________________.□ TIN has been applied for.□ TIN is not required because:□ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;□ Offeror is an agency or instrumentality of a foreign government;□ Offeror is an agency or instrumentality of the Federal Government.(4) Type of organization. □ Sole proprietorship;□ Partnership;□ Corporate entity (not tax-exempt);□ Corporate entity (tax-exempt);□ Government entity (Federal, State, or local);□ Foreign government;□ International organization per 26 CFR 1.6049-4;□ Other ________________________________.(5) Common parent. □ Offeror is not owned or controlled by a common parent;□ Name and TIN of common parent:Name ________________________________.TIN _________________________________.(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations.(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that- (i) It □ is, □ is not an inverted domestic corporation; and(ii) It □ is, □ is not a subsidiary of an inverted domestic corporation.(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if-(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products.(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation.(1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information:Immediate owner CAGE code: ____________________.Immediate owner legal name: _____________________.(Do not use a "doing business as" name)Is the immediate owner owned or controlled by another entity: □ Yes or □ No.(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:Highest-level owner CAGE code: __________________.Highest-level owner legal name: ___________________.(Do not use a "doing business as" name)(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that-(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.(2) The Offeror represents that-(i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and(ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(End of provision)The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/.(End of provision)(XI) THE CLAUSE AT FAR 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2015) APPLIES TO THIS ACQUISITION.(XII) THE CLAUSE AT FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS. (MAR 2016)(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (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 and 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). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) __ (5) [Reserved].__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) __ (10) [Reserved].__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved]_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 (Oct 2015) of 52.219-9. _X_ (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-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.) __ (35)(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.) __ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(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. __ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (45) 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). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995)_X_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013__ (52) 52.232-36, Payment by Third Party (May 2014) __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) __ (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:__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). _X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). This Statement is for Information Only:It is not a Wage DeterminationEmployee Class/Monetary Wage - Fringe Benefits.Grounds Maintenance $10.11, $4.27_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _X_ (4) 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). __ (5) 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). __ (6) 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). __ (7) 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). _X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 teshold, 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 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 $700,000 ($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 (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 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). (xiii) 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). (xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016). (xvi) 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). (xvii) 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. (xviii) 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.(End of clause)(XIII) The following clauses are also applicable to this acquisition: RFQ FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:https://acquisition.gov/far/FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998), this contract incorporates on or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/index.html (End of clause)The following additional terms and conditions apply:FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)FAR 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (MAY 2014)FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)FAR 52.214-35 SUBMISSION OF OFFER IN U.S. CURRENCY (APR 1991)52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS.FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)FAR 52.217-5 EVALUATION OF OPTIONS (JULY 1990)Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision)FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 3 days. (End of clause)FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End of clause)FAR 52.223-1, BIOBASED PRODUCT CERTIFICATION (MAY 2012) FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)FAR 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)FAR 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)FAR 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1994) (INSURANCE CERTIFICATE MUST TO BE PROVIDED YEARLY)FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond 5/31/2017. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 5/31/2017, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.(End of clause)RFQ FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Commerce Acquisition Regulation (48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision)FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of Commerce Acquisition Regulation (48 CFR Chapter 1352) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause)RFQ FAR DEVIATION 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS -REPRESENTATIONS (DEVIATION 2015-02) (FEB 2015)(a) In accordance with section 743 of Division E, Title VII, of the Consolidated andFurther Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision)FAR DEVIATION 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-02) (FEB 2015).(a) The Contractor shall not require employees or subcontractors seeking to reportfraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.(End of clause)DEPARTMENT OF COMMERCE CLAUSES - FOR FULL TEXT OF A COMMERCE ACQUISITION CLAUSE OR PROVISION YOU MAY GO TO THE FOLLOWING WEBSITE, http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm:CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APRIL 2010)CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APRIL 2010)CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APRIL 2010)CAR 1352.233-70, Agency Protests (APRIL 2010)(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)(b) Agency protests filed with the Contracting Officer shall be sent to the following address: Suzanne A. Romberg-GarrettContracting OfficerNOAA/AGO Western Acquisition Division-Boulder325 Broadway SOU6Boulder, CO 80305FAX: 303-497-5110(a) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry BerkowitzSenior Procurement Executive andDirector, Office of Acquisition ManagementU.S. Department of CommerceRoom 6422Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington DC 20230 FAX: 202-482-1711(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows:U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230.FAX: (202) 482-5858(End of clause)CAR 1352.233-71, GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APRIL 2010)(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows:U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230.FAX: (202) 482-5858(End of clause)(XIV) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.(XV) Quotes are required to be received in the contracting office no later than 4:00 P.M. MST ON 4/12/2016. All quotes must be faxed or emailed (preferred) to the attention of Suzanne Romberg-Garrett. The fax number is 303- 497-3163 and email address is Suzanne.Garrett@noaa.gov.(XVI) Any questions regarding this solicitation should be directed to Suzanne Garrett's email address of Suzanne.garrett@noaa.gov. WD 05-2119 (Rev.-18) was first posted on www.wdol.gov on 01/05/2016************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABORTHE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION| WASHINGTON D.C. 20210|||| Wage Determination No.: 2005-2119Daniel W. Simms Division of | Revision No.: 18Director Wage Determinations| Date Of Revision: 12/29/2015_______________________________________|____________________________________________Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 forcalendar year 2016 applies to all contracts subject to the Service ContractAct for which the solicitation was issued on or after January 1, 2015. If thiscontract is covered by the EO, the contractor must pay all workers in anyclassification listed on this wage determination at least $10.15 per hour (orthe applicable wage rate listed on this wage determination, if it is higher)for all hours spent performing on the contract in calendar year 2016. The EOminimum wage rate will be adjusted annually. Additional information oncontractor requirements and worker protections under the EO is available atwww.dol.gov/whd/govcontracts.____________________________________________________________________________________State: FloridaArea: Florida Counties of Collier, Dade, Monroe____________________________________________________________________________________**Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations01011 - Accounting Clerk I 14.1101012 - Accounting Clerk II 16.2401013 - Accounting Clerk III 18.1701020 - Administrative Assistant 22.6401040 - Court Reporter 18.8201051 - Data Entry Operator I 12.9201052 - Data Entry Operator II 14.0901060 - Dispatcher, Motor Vehicle 16.8201070 - Document Preparation Clerk 12.6701090 - Duplicating Machine Operator 12.6701111 - General Clerk I 12.6201112 - General Clerk II 13.8801113 - General Clerk III 15.5901120 - Housing Referral Assistant 20.8801141 - Messenger Courier 12.3901191 - Order Clerk I 12.7101192 - Order Clerk II 13.8601261 - Personnel Assistant (Employment) I 15.8801262 - Personnel Assistant (Employment) II 18.0701263 - Personnel Assistant (Employment) III 20.3001270 - Production Control Clerk 20.0001280 - Receptionist 13.4401290 - Rental Clerk 14.9301300 - Scheduler, Maintenance 16.7401311 - Secretary I 16.7401312 - Secretary II 18.7301313 - Secretary III 20.8801320 - Service Order Dispatcher 14.6601410 - Supply Technician 23.2101420 - Survey Worker 18.8201531 - Travel Clerk I 12.5701532 - Travel Clerk II 13.4801533 - Travel Clerk III 14.3301611 - Word Processor I 13.3001612 - Word Processor II 14.9301613 - Word Processor III 16.9805000 - Automotive Service Occupations05005 - Automobile Body Repairer, Fiberglass 17.4405010 - Automotive Electrician 16.6105040 - Automotive Glass Installer 15.5205070 - Automotive Worker 15.5205110 - Mobile Equipment Servicer 13.3405130 - Motor Equipment Metal Mechanic 17.5605160 - Motor Equipment Metal Worker 15.5205190 - Motor Vehicle Mechanic 17.3405220 - Motor Vehicle Mechanic Helper 12.2405250 - Motor Vehicle Upholstery Worker 14.4205280 - Motor Vehicle Wrecker 15.5205310 - Painter, Automotive 16.6205340 - Radiator Repair Specialist 15.5205370 - Tire Repairer 11.4105400 - Transmission Repair Specialist 17.5307000 - Food Preparation And Service Occupations07010 - Baker 12.6507041 - Cook I 11.0807042 - Cook II 12.9007070 - Dishwasher 8.7207130 - Food Service Worker 9.8907210 - Meat Cutter 12.7507260 - Waiter/Waitress 9.8509000 - Furniture Maintenance And Repair Occupations09010 - Electrostatic Spray Painter 14.9809040 - Furniture Handler 7.7109080 - Furniture Refinisher 14.9809090 - Furniture Refinisher Helper 11.0309110 - Furniture Repairer, Minor 13.0009130 - Upholsterer 16.4811000 - General Services And Support Occupations11030 - Cleaner, Vehicles 9.8011060 - Elevator Operator 10.3911090 - Gardener 14.1311122 - Housekeeping Aide 10.3911150 - Janitor 10.3911210 - Laborer, Grounds Maintenance 11.4011240 - Maid or Houseman 9.5911260 - Pruner 9.9311270 - Tractor Operator 14.3611330 - Trail Maintenance Worker 11.4011360 - Window Cleaner 11.9412000 - Health Occupations12010 - Ambulance Driver 15.3412011 - Breath Alcohol Technician 17.3312012 - Certified Occupational Therapist Assistant 26.4612015 - Certified Physical Therapist Assistant 24.1512020 - Dental Assistant 15.1312025 - Dental Hygienist 31.9112030 - EKG Technician 22.0112035 - Electroneurodiagnostic Technologist 22.0112040 - Emergency Medical Technician 15.3412071 - Licensed Practical Nurse I 15.4912072 - Licensed Practical Nurse II 17.3312073 - Licensed Practical Nurse III 19.3212100 - Medical Assistant 15.3812130 - Medical Laboratory Technician 17.8912160 - Medical Record Clerk 14.6912190 - Medical Record Technician 15.3812195 - Medical Transcriptionist 15.8612210 - Nuclear Medicine Technologist 34.4512221 - Nursing Assistant I 10.5512222 - Nursing Assistant II 11.8712223 - Nursing Assistant III 12.9512224 - Nursing Assistant IV 14.5312235 - Optical Dispenser 17.5712236 - Optical Technician 15.2412250 - Pharmacy Technician 15.8412280 - Phlebotomist 14.5312305 - Radiologic Technologist 25.4612311 - Registered Nurse I 26.3212312 - Registered Nurse II 29.8012313 - Registered Nurse II, Specialist 29.8012314 - Registered Nurse III 36.6112315 - Registered Nurse III, Anesthetist 36.6112316 - Registered Nurse IV 43.2212317 - Scheduler (Drug and Alcohol Testing) 19.2813000 - Information And Arts Occupations13011 - Exhibits Specialist I 19.0113012 - Exhibits Specialist II 23.5413013 - Exhibits Specialist III 28.8013041 - Illustrator I 20.6413042 - Illustrator II 25.5713043 - Illustrator III 31.2713047 - Librarian 31.8613050 - Library Aide/Clerk 12.3713054 - Library Information Technology Systems 26.99Administrator13058 - Library Technician 16.5313061 - Media Specialist I 16.1713062 - Media Specialist II 18.4113063 - Media Specialist III 20.5413071 - Photographer I 15.5413072 - Photographer II 17.8313073 - Photographer III 21.4313074 - Photographer IV 27.0013075 - Photographer V 32.6613110 - Video Teleconference Technician 16.8814000 - Information Technology Occupations14041 - Computer Operator I 16.4114042 - Computer Operator II 18.3614043 - Computer Operator III 20.4714044 - Computer Operator IV 22.7514045 - Computer Operator V 25.1914071 - Computer Programmer I (see 1) 22.7614072 - Computer Programmer II (see 1)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 16.4114160 - Personal Computer Support Technician 22.7515000 - Instructional Occupations15010 - Aircrew Training Devices Instructor (Non-Rated) 31.4815020 - Aircrew Training Devices Instructor (Rated) 38.0815030 - Air Crew Training Devices Instructor (Pilot) 42.9015050 - Computer Based Training Specialist / Instructor 31.4815060 - Educational Technologist 26.0615070 - Flight Instructor (Pilot) 42.9015080 - Graphic Artist 25.9615090 - Technical Instructor 21.3815095 - Technical Instructor/Course Developer 26.1615110 - Test Proctor 17.2615120 - Tutor 17.2616000 - Laundry, Dry-Cleaning, Pressing And Related Occupations16010 - Assembler 9.6216030 - Counter Attendant 9.6216040 - Dry Cleaner 11.8616070 - Finisher, Flatwork, Machine 9.6216090 - Presser, Hand 9.6216110 - Presser, Machine, Drycleaning 9.6216130 - Presser, Machine, Shirts 9.6216160 - Presser, Machine, Wearing Apparel, Laundry 9.6216190 - Sewing Machine Operator 12.5216220 - Tailor 13.1816250 - Washer, Machine 10.4119000 - Machine Tool Operation And Repair Occupations19010 - Machine-Tool Operator (Tool Room) 17.5119040 - Tool And Die Maker 22.2921000 - Materials Handling And Packing Occupations21020 - Forklift Operator 14.8121030 - Material Coordinator 19.0221040 - Material Expediter 19.0221050 - Material Handling Laborer 12.1721071 - Order Filler 11.6021080 - Production Line Worker (Food Processing) 14.8121110 - Shipping Packer 14.8121130 - Shipping/Receiving Clerk 14.8121140 - Store Worker I 9.4521150 - Stock Clerk 14.4321210 - Tools And Parts Attendant 14.8121410 - Warehouse Specialist 14.8123000 - Mechanics And Maintenance And Repair Occupations23010 - Aerospace Structural Welder 24.8123021 - Aircraft Mechanic I 23.3123022 - Aircraft Mechanic II 24.8123023 - Aircraft Mechanic III 26.2823040 - Aircraft Mechanic Helper 15.5923050 - Aircraft, Painter 18.8823060 - Aircraft Servicer 18.8023080 - Aircraft Worker 20.3323110 - Appliance Mechanic 18.5323120 - Bicycle Repairer 11.4123125 - Cable Splicer 24.6123130 - Carpenter, Maintenance 17.5523140 - Carpet Layer 17.3323160 - Electrician, Maintenance 19.2523181 - Electronics Technician Maintenance I 21.4323182 - Electronics Technician Maintenance II 23.3223183 - Electronics Technician Maintenance III 25.7523260 - Fabric Worker 17.6323290 - Fire Alarm System Mechanic 18.8323310 - Fire Extinguisher Repairer 14.7123311 - Fuel Distribution System Mechanic 20.5923312 - Fuel Distribution System Operator 15.4923370 - General Maintenance Worker 16.4423380 - Ground Support Equipment Mechanic 23.3123381 - Ground Support Equipment Servicer 18.8023382 - Ground Support Equipment Worker 20.3323391 - Gunsmith I 14.7123392 - Gunsmith II 17.4023393 - Gunsmith III 19.8523410 - Heating, Ventilation And Air-Conditioning 19.01Mechanic23411 - Heating, Ventilation And Air Contditioning 20.23Mechanic (Research Facility)23430 - Heavy Equipment Mechanic 19.9423440 - Heavy Equipment Operator 18.2023460 - Instrument Mechanic 18.6923465 - Laboratory/Shelter Mechanic 18.6223470 - Laborer 11.5123510 - Locksmith 16.1923530 - Machinery Maintenance Mechanic 22.4823550 - Machinist, Maintenance 18.0023580 - Maintenance Trades Helper 13.1123591 - Metrology Technician I 18.6923592 - Metrology Technician II 19.8923593 - Metrology Technician III 21.0823640 - Millwright 21.1923710 - Office Appliance Repairer 17.9423760 - Painter, Maintenance 17.5123790 - Pipefitter, Maintenance 20.2023810 - Plumber, Maintenance 19.2323820 - Pneudraulic Systems Mechanic 19.8523850 - Rigger 19.8523870 - Scale Mechanic 17.4023890 - Sheet-Metal Worker, Maintenance 18.2423910 - Small Engine Mechanic 15.1623931 - Telecommunications Mechanic I 23.9223932 - Telecommunications Mechanic II 25.4623950 - Telephone Lineman 21.1623960 - Welder, Combination, Maintenance 18.6923965 - Well Driller 18.7123970 - Woodcraft Worker 19.8523980 - Woodworker 14.7124000 - Personal Needs Occupations24570 - Child Care Attendant 8.8124580 - Child Care Center Clerk 15.3324610 - Chore Aide 9.4024620 - Family Readiness And Support Services 14.45Coordinator24630 - Homemaker 17.0525000 - Plant And System Operations Occupations25010 - Boiler Tender 19.0125040 - Sewage Plant Operator 20.1625070 - Stationary Engineer 19.0125190 - Ventilation Equipment Tender 12.9025210 - Water Treatment Plant Operator 20.1627000 - Protective Service Occupations27004 - Alarm Monitor 20.4727007 - Baggage Inspector 10.6127008 - Corrections Officer 25.1527010 - Court Security Officer 28.5027030 - Detection Dog Handler 18.1127040 - Detention Officer 25.1527070 - Firefighter 26.0927101 - Guard I 10.6127102 - Guard II 18.1127131 - Police Officer I 30.9027132 - Police Officer II 34.3428000 - Recreation Occupations28041 - Carnival Equipment Operator 13.3728042 - Carnival Equipment Repairer 14.7428043 - Carnival Equpment Worker 9.4028210 - Gate Attendant/Gate Tender 14.6328310 - Lifeguard 13.4928350 - Park Attendant (Aide) 16.3928510 - Recreation Aide/Health Facility Attendant 11.9628515 - Recreation Specialist 20.3028630 - Sports Official 13.0428690 - Swimming Pool Operator 19.7729000 - Stevedoring/Longshoremen Occupational Services29010 - Blocker And Bracer 22.7629020 - Hatch Tender 22.7629030 - Line Handler 22.7629041 - Stevedore I 20.8629042 - Stevedore II 24.6730000 - Technical Occupations30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 37.8530011 - Air Traffic Control Specialist, Station (HFO) (see 2) 26.1030012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.7430021 - Archeological Technician I 15.9830022 - Archeological Technician II 18.2530023 - Archeological Technician III 24.9830030 - Cartographic Technician 25.8630040 - Civil Engineering Technician 24.7330061 - Drafter/CAD Operator I 18.6630062 - Drafter/CAD Operator II 20.8930063 - Drafter/CAD Operator III 23.2830064 - Drafter/CAD Operator IV 28.6630081 - Engineering Technician I 17.9330082 - Engineering Technician II 21.9230083 - Engineering Technician III 24.5330084 - Engineering Technician IV 27.9030085 - Engineering Technician V 34.1330086 - Engineering Technician VI 41.2930090 - Environmental Technician 19.8530210 - Laboratory Technician 18.6230240 - Mathematical Technician 25.8630361 - Paralegal/Legal Assistant I 17.9130362 - Paralegal/Legal Assistant II 22.1830363 - Paralegal/Legal Assistant III 27.1430364 - Paralegal/Legal Assistant IV 32.8330390 - Photo-Optics Technician 25.8630461 - Technical Writer I 23.2530462 - Technical Writer II 28.4630463 - Technical Writer III 31.3630491 - Unexploded Ordnance (UXO) Technician I 24.0630492 - Unexploded Ordnance (UXO) Technician II 29.1030493 - Unexploded Ordnance (UXO) Technician III 34.8930494 - Unexploded (UXO) Safety Escort 24.0630495 - Unexploded (UXO) Sweep Personnel 24.0630620 - Weather Observer, Combined Upper Air Or (see 2) 23.28Surface Programs30621 - Weather Observer, Senior (see 2) 25.8631000 - Transportation/Mobile Equipment Operation Occupations31020 - Bus Aide 9.7831030 - Bus Driver 15.0431043 - Driver Courier 14.9231260 - Parking and Lot Attendant 9.4631290 - Shuttle Bus Driver 16.4531310 - Taxi Driver 10.6731361 - Truckdriver, Light 16.4531362 - Truckdriver, Medium 17.9931363 - Truckdriver, Heavy 19.5431364 - Truckdriver, Tractor-Trailer 19.5499000 - Miscellaneous Occupations99030 - Cashier 9.3199050 - Desk Clerk 10.6799095 - Embalmer 22.4899251 - Laboratory Animal Caretaker I 10.7599252 - Laboratory Animal Caretaker II 11.8699310 - Mortician 24.5299410 - Pest Controller 14.4599510 - Photofinishing Worker 11.9599710 - Recycling Laborer 15.3199711 - Recycling Specialist 19.3099730 - Refuse Collector 13.3399810 - Sales Clerk 12.4599820 - School Crossing Guard 11.8099830 - Survey Party Chief 18.8099831 - Surveying Aide 10.2499832 - Surveying Technician 16.7899840 - Vending Machine Attendant 12.8599841 - Vending Machine Repairer 16.6899842 - Vending Machine Repairer Helper 12.85 ____________________________________________________________________________________ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 5 years, 4 weeks after 15 years, and 5 weeks after 20 years.Length of service includes the whole span of continuous service with the presentcontractor or successor, wherever employed, and with the predecessor contractors inthe 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 LutherKing Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, LaborDay, Columbus Day, Veterans' Day, Thanksgiving Day, and Cistmas Day. (Acontractor may substitute for any of the named holidays another day off with pay inaccordance 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 doesnot 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. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) 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 occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations 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 theconformance procedures described in the conformance note included on this wagedetermination.Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of:(1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications;(2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications;(3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or(4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand 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 yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium 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 consideredovertime work).HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employeesemployed in a position that represents a high degree of hazard when working with orin close proximity to ordinance, explosives, and incendiary materials. Thisincludes work such as screening, blending, dying, mixing, and pressing of sensitiveordance, explosives, and pyrotechnic compositions such as lead azide, black powderand photoflash powder. All dry-house activities involving propellants or explosives.Demilitarization, modification, renovation, demolition, and maintenance operationson sensitive ordnance, explosives and incendiary materials. All operationsinvolving regrading and cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee engaged in the operation, irritation of the skin, minor burns and thelike; minimal damage to immediate or adjacent work area or equipment being used.All operations involving, unloading, storage, and hauling of ordance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordance, 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 orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof 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. Alinks to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or tough the Wage Determinations On-Line (WDOL) Web site athttp://wdol.gov/.REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form1444 (SF 1444)}Conformance Process:The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination. Suchconformed classes of employees shall be paid the monetary wages and furnished thefringe benefits as are determined. Such conforming process shall be initiated bythe contractor prior to the performance of contract work by such unlisted class(es)of employees. The conformed classification, wage rate, and/or fringe benefits shallbe 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 1444should be prepared for each wage determination to which a class(es) is to beconformed.The process for preparing a conformance request is as follows:1) When preparing the bid, the contractor identifies the need for a conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in orderproposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation including the position of the contractor and the employees, to the Wageand 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, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe 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 ofOccupations" (the Directory) should be used to compare job definitions to insurethat duties requested are not performed by a classification already listed in thewage determination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination.
NWWP9201-16-00212SRG Department of Commerce National Oceanic and Atmospheric Administration
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