JANITORIAL SERVICES FOR THE NWS WFO LOCATION AT MORRISTOWN, TN
Added: Feb 23, 2017 5:43 pm COMBINED SYNOPSIS/SOLICITATIONJanitorial Services for the National Weather Service (NWS) Knoxville/Tri-Cities Weather Forecast Office (WFO) location at Morristown, TN(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; proposals 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 NWWP9325-17-00038MWH.(III) The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-¬¬95.(IV) This solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 561720. The small business size standard is $18.0M.(V) This combined solicitation/synopsis is for purchase of the following commercial services:Line Item 0001 - Base Year; Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary to perform Janitorial Services for National Weather Service (NWS) at Morristown, TN in accordance with the statement of work for the period of eleven months.Line Item 1001 - Option Year 1; Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for Janitorial Services for National Weather Service (NWS) at Morristown, TN in accordance with the statement of work for the period of twelve months.Line Item 2001 - Option Year 2; Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for Janitorial Services for National Weather Service (NWS) at Morristown, TN in accordance with the statement of work for the period of twelve months.Line Item 3001 - Option Year 3; Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for Janitorial Services for National Weather Service (NWS) at Morristown, TN in accordance with the statement of work for the period of twelve months.Line Item 4001 - Option Year 4; Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for Janitorial Services for National Weather Service (NWS) at Morristown, TN in accordance with the statement of work for the period of twelve months.(VI) Description of requirements is as follows:See attached Statement of Work which applies to Base Year and all Option Years 1 - 4, and Department of Labor Wage Rates: WD 15-2493, Revision No. -3, dated 01/03/2017, which can be found on: www.wdol.gov.STATEMENT OF WORK - JanitorialPURCHASE REQUEST #NWWP9325-17-000381. The contractor shall be responsible for satisfactorily managing and performing programs for cleaning as specified herein at the following location:National Weather Service Office 5974 Commerce BlvdMorristown, TN 37814 The NWS Office is a 24 hour 7 day a week operation.2. Primary ResponsibilityCONTACT TO BE PROVIDED AT AWARD, Meteorologist in Charge (MIC) - * The official is referred to toughout the Specifications as the "MIC".__CONTACT TO BE PROVIDED AT AWARD___Alternate ContactIf 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. Equipment, Materials, and SuppliesAll equipment, materials, and supplies (MSDS for chemicals) shall be furnished by the Contractor and properly stored in the areas designated by the MIC including paper towels, toilet paper, paper toilet seat covers and dispenser, air freshener, hand soap, waste basket and trash can liners, cleaning supplies, and cleaning equipment. All products used are to be environmentally friendly and a list and Material Safety Data Sheets 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 cleaning environment. Services performed under this contract shall be performed during hours approved by the MIC. NOTE: All paper products shall be made of recovered materials as per EPA guidelines at the following website: www.epa.gov/epawaste/conserve/tools/cpg/products/tissue.htm.Materials Safety Data Sheets (MSDS) must be provided by the contractor to the Meteorologist in Charge (MIC) or Administrative Assistant (ASA) at each office, 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.4. Security Background InvestigationsPersonnel security investigations are required for all contractors entering the site per CAR clause 1352.237-71 Security Processing Requirements - Low Risk (Apr 2010). A full copy of the clause is provided.JANITORIAL SPECIFICATIONS FOR WEATHER SERVICE OFFICEMorristown, TN5. Conduct of Work 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.The contractor shall be responsible for satisfactorily managing and performing programs for cleaning as specified.6. Square Footage/Site ConditionsThe area covered by this contract consists of approximately 5249 square feet. All rooms in the Weather Service Office main building will be cleaned as per the scope of work (SOW) except for the Communication Room and the Electrical Room (312 sq. ft). A listing of the flooring type and size of the various rooms to be cleaned as per the SOW are: a. 145 sq. ft. of utility carpet with tile trim in the Front Entry Vestibule and Service Entry Vestibule. Glass windows and doors in both entry ways to be cleaned as per SOW.b. 1389 sq. ft. of carpeted area including the Reception/Waiting area, SOO Office, MIC Office, Conference Room, Training Room, and Main and Side Corridors.c. 2220 sq. ft. of computer tile flooring including the Primary Operations Area and 5 adjoining Cubicles, and the Equipment Room.d. 462 sq. ft. of ceramic tile flooring including the Men's Batoom, Women's Batoom, Ready Room/Kitchen and inside storage room.e. 720 sq. ft. of linoleum tile flooring in the Electronic Technician work and office area.f. 308 sq. ft. area outside the tee entryways.7. Cleaning Schedule and RequirementsDaily Six Days - Cleaning will take place anytime except during the hours of 8:00 am tough 5:00 pm except on the designated day off of Sunday. REQUIREMENTSa. Daily (six days per week except on Sunday, the designated day-off)1. Empty and damp wipe all waste baskets. If plastic bags are inserted in trash cans, damp wiping will be unnecessary.2. Remove all trash and dispose of in proper containers.3. Vacuum all carpeting.4. Clean and disinfect fixtures, handicap rails, and floors in restrooms, including sinks and walls around sinks, countertops, mirrors, toilets, urinals, and walls around urinals.5. Clean and disinfect fixtures, sinks, walls around the sink, countertop, and table in the break room/kitchen. 6. Check paper towels, toilet tissue and paper toilet seat covers supply in break room and restrooms and refill if necessary. Refill soap dispensers. Provide extra paper towels and toilet tissue in janitorial closet in the event dispensers run empty.7. Dust mop all tile (linoleum) floors, concrete and computer floors. (Note!! Never use a wet mop or allow standing liquids on computer floor)8. Sweep outside entryway and remove any windblown debris and dirt from the tee entrances with vestibules.9. Deodorize spray restrooms.10. Wipe/disinfect all door handles.11. Clean and sanitize the drinking fountain.b. Weekly (once every week)1. Dust all flat surfaces which include table tops, chairs, file cabinets, (Cubicle rails and shelf surfaces), window sills, window ledges in the vestibules, etc.2. Wet mop all tile, linoleum, and concrete floors.** 3. Wipe/disinfect restroom walls and areas around door handles.4. Wash entrance windows (vestibule windows and doors) inside and out. 5. Dust or vacuum between/under cabinets and furniture that don't require moving of them.6. Damp mop chair mats.7. Clean Microwave oven.c. Bi-Weekly (Once every two weeks)1. Buff all tile floors. ( linoleum )d. Monthly (once every month)1. Spot clean doors, walls and painted surfaces.2. Dust high ledges, cabinet tops, ventilators, light fixtures and other high areas. Clean bugs/dust from overhead light fixture covers.3. Wax tile (linoleum) floor in the ET office and break room/kitchen.4. Buff tile floors in restrooms.5. Vacuum air conditioning/heating vents.e. Quarterly (Once every 3 months during December, March, June and September)1. Wash all windows inside and out.***2. Vacuum draperies and/or dust blinds.3. Strip old wax, re-wax and buff all resilient tile (linoleum) floors in the ET office and break room/kitchen.4. Wipe down tile wall surfaces in restrooms.f. Semi-Annually (March and September)1. Shampoo all carpeting (confer with MIC or designated official).g. h. Annually (Once yearly at request of MIC)1. Clean exterior break room cabinets2. Wipe and clean break room baseboards.3. Clean interior light fixtures.i. Special Instructions1. **All sweeping of resilient floor covering shall be done by the dustless pickup method using either the laundered or the disposable type of treated cloths as appropriate. All dusting shall be done by the damp or treated cloth method.2. All rules concerning safety, smoking and the security of the building shall be observed. The contractor shall remove all waste from the premises, and plastic bags used for disposal of wastepaper and put them in trash dumpster provided.3. COMPUTER FLOOR - USE ONLY DAMP MOP, DAMP MOP WITH MILD DETERGENT WHEN NECESSARY.- Never wax, buff, polish or rinse with water containing wax. The floor surface is designed to cause a "flake-off" and any buildup of foreign substance can affect the static decay rate of the floor surface.- Never use strong abrasives, scrapers, steel wool or power scrubbers to clean the floor.- Never use excessive amounts of liquid or flood the surface with water. 4. ***Windows with sun-control film must be washed differently. Use mild soap/detergent and water. Never use sharp instruments or abrasives to clean. Confer with MIC or designated official before treatment.8. Invoicing The vendor will bill on a monthly basis in arrears.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 DayPresident's Day 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. (VII) Period of performance shall be:Base Year for an eleven month period 04/01/2017 tough 03/06/2018. Option Period 1 for a twelve month period 03/07/2018 tough 03/06/2019.Option Period 2 for a twelve month period 03/07/2019 tough 03/06/2020.Option Period 3 for a twelve month period 03/07/2020 tough 03/06/2021.Option Period 4 for a twelve month period 03/07/2021 tough 03/06/2022.(VIII) FAR 52.212-1 Instructions to Offerors -- Commercial Items (Jan 2017), applies to this 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.1. Quotes shall be fully executed and returned on the Standard Form (SF) 18 and any acknowledgements of solicitation amendments on the SF 30.2. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable and can be sent to Marilyn.Herrera@noaa.gov.3. At a minimum the contractor shall provide the following information:a) Point of contact name, telephone and E-mail address.b) DUNS Number4. Provide all evaluation criteria in accordance with 52.212-2 in this package.5. Vendor shall complete and return Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law 52.209-11 with quote, if not completed in SAM.6. Vendor shall submit a copy of the certification or license for any and all employees that will be handling or applying pesticides in performance of this contract with quote in order to be considered for contract award. 7. Vendor shall have an active registration in System for Award Management (SAM) found at https://www.sam.gov/portal/SAM/ in order to be eligible for contract award. Vendor shall also complete Representations and Certifications electronically in SAM."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".MAKE SURE YOU GET AN ACKNOWLEDGEMENT OF YOUR REQUEST.FAR 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)To request a site visit, please contact Robyn Malone by telephone 423-586-6429 or email, robyn.malone@noaa.gov.Location:National Weather Service5974 Commerce BlvdMorristown, TN 37814(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. Past Performance - quote shall include at least two current 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. This is a PASS/FAIL. If no references are provided this will be a neutral rating for the past performance.2. PriceThe Government intends to award a best value, firm fixed-price purchase order on an all or none basis with payment terms of Net 30.(X) FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (Dec 2016)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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) tough (t) of this provision. (a) Definitions. As used in this provision- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."Civil judgment" means-(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance."DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces'". The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces. "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."Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-(1) Department of Labor Wage and Hour Division (WHD) for-(i) The Fair Labor Standards Act;(ii) The Migrant and Seasonal Agricultural Worker Protection Act;(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);(2) Department of Labor Occupational Safety and Health Administration (OSHA) for-(i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans;(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-(i) Section 503 of the Rehabilitation Act of 1973;(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and(5) Equal Employment Opportunity Commission (EEOC) for-(i) Title VII of the Civil Rights Act of 1964;(ii) The Americans with Disabilities Act of 1990;(iii) The Age Discrimination in Employment Act of 1967; and(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act)."Forced or indentured child labor" means all work or service-(6) 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(7) 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). "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters."Labor laws" means the following labor laws and E.O.s:(1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970.(3) The Migrant and Seasonal Agricultural Worker Protection Act.(4) The National Labor Relations Act.(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).(8) Section 503 of the Rehabilitation Act of 1973.(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act.(11) Title VII of the Civil Rights Act of 1964.(12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967.(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws"."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."Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor."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."Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often tough acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances."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.Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (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 (t) 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 □ is, □ 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 unique entity identifier 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.(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last tee years.(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last tee years (if more than one predecessor, list in reverse conological order):Predecessor CAGE code: ________ (or mark "Unknown")Predecessor legal name: _________________________(Do not use a "doing business as" name)(s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision. (1)(i) For solicitations issued on or after October 25, 2016 tough April 24, 2017: The Offeror □ does □ does not anticipate submitting an offer with an estimated contract value of greater than $50 million.(ii) For solicitations issued after April 24, 2017: The Offeror □ does □ does not anticipate submitting an offer with an estimated contract value of greater than $500,000.(2) If the Offeror checked "does" in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the Offeror's knowledge and belief [Offeror to check appropriate block]: □ (i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for tee years preceding the date of the offer, whichever period is shorter; or□ (ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for tee years preceding the date of the offer, whichever period is shorter.(3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide-(A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS): (1) The labor law violated.(2) The case number, inspection number, charge number, docket number, or other unique identification number.(3) The date rendered.(4) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision;(B) The administrative merits determination, arbitral award or decision, or civil judgment document, to the Contracting Officer, if the Contracting Officer requires it;(C) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and(D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)). (ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as part of making a responsibility determination.(B) A representation that any labor law decision(s) were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.(C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403. (4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate.(5) The representation in paragraph (s)(2) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS).Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (End of provision)Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)____ Black American.____ Hispanic American.____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).____ Individual/concern, other than one of the preceding.(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or tough its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or tough its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporting program.(3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:_________________.The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/.(XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Jan 2017)(XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2017) applies to this acquisition. : (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 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:__ (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). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _XX_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved].__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _XX_ (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) (41 U.S.C. 2313). __ (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]_XX_ (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) of 52.219-9. _XX_ (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 (Jan 2017) (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). _XX_ (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)). _XX_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _XX_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). _XX_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _XX_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). _XX_ (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). _XX_ (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 tough April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. __ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). __ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (40)(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. __ (41)(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. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (43)(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. _XX_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3.__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (49)(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. __ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _XX_ (51) 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). __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _XX_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). __ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). _XX_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). _XX_ (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).This Statement is for Information Only: It is not a wage determinationEmployee Class Monetary Wage-Fringe BenefitsJanitor $10.91 + 30%(End of clause)_XX_ (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). _XX_ (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). _XX_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). _XX_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (11) 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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. (iv) 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. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xiii) 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). (xiv) 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). (xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 tough April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 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. (xxiii) 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: FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) (Reference)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)FAR 52.203-18 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (Reference)FAR 52.204-7 Central Contractor Registration (Oct 2016) (Reference)FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) (Reference)FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)(a) 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-(1) 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(2) 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.(b) The Offeror represents that-(1) 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(2) 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)FAR 52.214-34 Submission of Offers in the English Language (Apr 1991) (Reference)FAR 52.214-35 Submission of Offer in U.S. Currency (Apr 1991) (Reference)FAR 52.216-1 Type of Contract (APR 1994)The Government contemplates award of a firm fixed-price contract resulting from this solicitation. (End of provision)FAR 52.217-5 Evaluation of Options (JUL 1990) (Reference)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 30 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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) (Reference) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) (Reference)FAR 52.223-3 I Hazardous Material Identification and Material Safety Data (JAN 1997) - Alternate I (Jul 1995) (Reference)FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) (Reference)FAR 52.223-10, Waste Reduction Program (May 2011) (Reference)FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN 2016)(a) Definition. As used in this clause- "Global warming potential" means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0."High global warming potential hydrofluorocarbons" means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR Part 82 subpart G with supplemental tables of alternatives available at (http://www.epa.gov/snap/). "Hydrofluorocarbons" means compounds that only contain hydrogen, fluorine, and carbon."Ozone-depleting substance," means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as-(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or(2) Class II, including, but not limited to, hydrochlorofluorocarbons.(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows: WARNINGContains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.* The Contractor shall insert the name of the substance(s).(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall- (1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by-(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.); (ii) Contract number; and (iii) Equipment/appliance;(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after- (i) Annually by November 30 of each year during contract performance; and(ii) At the end of contract performance.(d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap. (End of clause)FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008) (Reference)FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (OCT 2015) (Reference)FAR 52.232-18 Availability of Funds (Apr 1984) (Reference)FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) (Reference)Department of Commerce Clauses:FOR FULL TEXT OF COMMERCE ACQUISITION CLAUSE OR PROVISIONS YOU MAY TO GO THE FOLLOWING WEBSITE: http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=0ff3b424806038599b185d9296e7950e&ty=HTML&h=L&mc=true&n=pt48CAR 1352.201-70, Contracting Officer's Authority (Apr 2010) (Reference)CAR 1352.209-73 Compliance With the Laws (Apr 2010) (Reference)CAR 1352.209-74 Organizational Conflict of Interest (Apr 2010) (Reference)CAR 1352.215-72 Inquiries (Apr 2010)Offerors must submit all questions concerning this solicitation in writing to Marilyn.Herrera@noaa.gov. Questions should be received no later than 4:00 P.M. MST, March 2, 2017. 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 provision)CAR 1352.237-71 Security Processing Requirements - Low Risk Contracts (Apr 2010) (Reference)CAR 1352.233-70 Agency Protests (Apr 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 Romberg-GarrettContracting OfficerWestern Acquisitions Division325 Broadway, SOU6Boulder, CO 80305-3328FAX: 303-497-3163(c) 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 20230FAX: 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 provision)CAR 1352.233-71 GAO and Court of Federal Claims protests (Apr 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 provision)1330-52.237-70 Contractor Communications (NAM Apr 2010)(a) A contractor employee shall be identified both by the individual's name and the contractor's name when:1. Included in NOAA's locator, and2. When submitting any type of electronic correspondence to any NOAA employee or stakeholder.(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.(End of clause)CAR 1352.270-70 Period of performance. (APR 2010)(a) The base period of performance of this contract is from April 7, 2017 tough March 6, 2018. If an option is exercised, the period of performance shall be extended tough the end of that option period.(b) The option periods that may be exercised are as follows:Period Start Date - End DateOption Year 1 03/07/2018 - 03/06/2019Option Year 2 03/07/2019 - 03/06/2020Option Year 3 03/07/2020 - 03/06/2021Option Year 4 03/07/2021 - 03/06/2022(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.(End of clause)NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (Oct 2016)a. The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:1. Allow contractors to better prepare for and propose on business opportunities.2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from.3. Identify constraints in transparency and process.b. The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.c. Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer's decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.d. There are several constraints to the scope of the AGO Ombudsman's authority, for instance:1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions,activities involving A-76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.).2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S. Government.7. The AGO Ombudsman is not NOAA's agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).e. After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued tough more formal venues.f. The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.g. Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.(End of solicitation and contract language)(XIV) Defense Priorities and Allocations System (DPAS) and assigned rating do not apply.(XV) Quotes are required to be received in the contracting office no later 4;00 p.m. MST on Monday, March 6, 2017. All quotes must be faxed or emailed to the attention of Marilyn Herrera. The fax number is 303-497-3163 and the email address is Marilyn.Herrera@noaa.gov.(XVI) Any questions regarding this solicitation should be directed to Marilyn Herrera tough the email address: Marilyn.Herrera@noaa.gov or fax: 303-497-3163.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.WD 15-2493 (Rev.-3) was first posted on www.wdol.gov on 01/03/2017************************************************************************************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.: 2015-2493Daniel W. Simms Division of | Revision No.: 3Director Wage Determinations| Date Of Revision: 12/30/2016_______________________________________|____________________________________________Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 forcalendar year 2017 applies to all contracts subject to the Service ContractAct for which the contract is awarded (and any solicitation was issued) on orafter January 1, 2015. If this contract is covered by the EO, the contractormust pay all workers in any classification listed on this wage determinationat least $10.20 per hour (or the applicable wage rate listed on this wagedetermination, if it is higher) for all hours spent performing on the contractin calendar year 2017. The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections underthe EO is available at www.dol.gov/whd/govcontracts.____________________________________________________________________________________State: TennesseeArea: Tennessee Counties of Campbell, Grainger, Hamblen, Jefferson, Morgan,Roane____________________________________________________________________________________**Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations01011 - Accounting Clerk I 13.0301012 - Accounting Clerk II 14.6301013 - Accounting Clerk III 16.3601020 - Administrative Assistant 20.1101035 - Court Reporter 16.8701051 - Data Entry Operator I 11.5901052 - Data Entry Operator II 13.1901060 - Dispatcher, Motor Vehicle 16.8701070 - Document Preparation Clerk 12.9101090 - Duplicating Machine Operator 12.9101111 - General Clerk I 11.3101112 - General Clerk II 12.5801113 - General Clerk III 14.1201120 - Housing Referral Assistant 19.9201141 - Messenger Courier 11.5401191 - Order Clerk I 11.8601192 - Order Clerk II 13.6501261 - Personnel Assistant (Employment) I 12.8401262 - Personnel Assistant (Employment) II 16.4101263 - Personnel Assistant (Employment) III 18.3001270 - Production Control Clerk 18.2501290 - Rental Clerk 13.0501300 - Scheduler, Maintenance 16.3101311 - Secretary I 16.3101312 - Secretary II 18.1001313 - Secretary III 19.9201320 - Service Order Dispatcher 17.0501410 - Supply Technician 20.11Page 1 of 10https://www.wdol.gov/wdol/scafiles/std/15-2493.txt?v=3 2/21/201701420 - Survey Worker 17.1901460 - Switchboard Operator/Receptionist 11.7201531 - Travel Clerk I 12.7201532 - Travel Clerk II 13.5401533 - Travel Clerk III 14.5801611 - Word Processor I 12.2701612 - Word Processor II 13.6201613 - Word Processor III 16.8705000 - Automotive Service Occupations05005 - Automobile Body Repairer, Fiberglass 19.7205010 - Automotive Electrician 16.0305040 - Automotive Glass Installer 15.2605070 - Automotive Worker 15.2605110 - Mobile Equipment Servicer 13.6805130 - Motor Equipment Metal Mechanic 16.7805160 - Motor Equipment Metal Worker 15.2605190 - Motor Vehicle Mechanic 16.5505220 - Motor Vehicle Mechanic Helper 13.0605250 - Motor Vehicle Upholstery Worker 14.4705280 - Motor Vehicle Wrecker 15.2605310 - Painter, Automotive 18.1805340 - Radiator Repair Specialist 15.2605370 - Tire Repairer 11.0305400 - Transmission Repair Specialist 16.5507000 - Food Preparation And Service Occupations07010 - Baker 11.1707041 - Cook I 10.0807042 - Cook II 11.2407070 - Dishwasher 8.5507130 - Food Service Worker 9.6107210 - Meat Cutter 13.9707260 - Waiter/Waitress 7.8609000 - Furniture Maintenance And Repair Occupations09010 - Electrostatic Spray Painter 17.0309040 - Furniture Handler 11.8509080 - Furniture Refinisher 17.0309090 - Furniture Refinisher Helper 13.6609110 - Furniture Repairer, Minor 15.3209130 - Upholsterer 17.0311000 - General Services And Support Occupations11030 - Cleaner, Vehicles 8.9611060 - Elevator Operator 10.4911090 - Gardener 13.2111122 - Housekeeping Aide 10.4911150 - Janitor 11.2511210 - Laborer, Grounds Maintenance 10.8811240 - Maid or Houseman 8.4511260 - Pruner 10.6911270 - Tractor Operator 13.8111330 - Trail Maintenance Worker 10.8811360 - Window Cleaner 12.0312000 - Health Occupations12010 - Ambulance Driver 14.5412011 - Breath Alcohol Technician 14.9812012 - Certified Occupational Therapist Assistant 21.9912015 - Certified Physical Therapist Assistant 20.9412020 - Dental Assistant 15.2812025 - Dental Hygienist 28.0912030 - EKG Technician 18.3512035 - Electroneurodiagnostic Technologist 18.3512040 - Emergency Medical Technician 14.54Page 2 of 10https://www.wdol.gov/wdol/scafiles/std/15-2493.txt?v=3 2/21/201712071 - Licensed Practical Nurse I 14.1412072 - Licensed Practical Nurse II 15.8212073 - Licensed Practical Nurse III 17.6412100 - Medical Assistant 12.7612130 - Medical Laboratory Technician 14.5212160 - Medical Record Clerk 11.7212190 - Medical Record Technician 14.8912195 - Medical Transcriptionist 13.4212210 - Nuclear Medicine Technologist 25.0512221 - Nursing Assistant I 9.6212222 - Nursing Assistant II 10.8112223 - Nursing Assistant III 11.8012224 - Nursing Assistant IV 13.2412235 - Optical Dispenser 14.6512236 - Optical Technician 13.2112250 - Pharmacy Technician 16.2312280 - Phlebotomist 13.2412305 - Radiologic Technologist 23.6312311 - Registered Nurse I 22.8212312 - Registered Nurse II 27.9112313 - Registered Nurse II, Specialist 27.9112314 - Registered Nurse III 31.5112315 - Registered Nurse III, Anesthetist 31.5112316 - Registered Nurse IV 37.4012317 - Scheduler (Drug and Alcohol Testing) 18.5113000 - Information And Arts Occupations13011 - Exhibits Specialist I 17.1013012 - Exhibits Specialist II 21.1813013 - Exhibits Specialist III 25.9013041 - Illustrator I 16.6413042 - Illustrator II 21.1813043 - Illustrator III 25.9013047 - Librarian 23.0313050 - Library Aide/Clerk 11.4113054 - Library Information Technology Systems 20.21Administrator13058 - Library Technician 13.6513061 - Media Specialist I 13.2713062 - Media Specialist II 14.8513063 - Media Specialist III 16.6313071 - Photographer I 15.3513072 - Photographer II 17.1713073 - Photographer III 21.2713074 - Photographer IV 26.0313075 - Photographer V 31.4813110 - Video Teleconference Technician 16.5514000 - Information Technology Occupations14041 - Computer Operator I 15.7714042 - Computer Operator II 17.6414043 - Computer Operator III 19.6714044 - Computer Operator IV 21.8614045 - Computer Operator V 24.2014071 - Computer Programmer I (see 1) 22.5414072 - Computer Programmer II (see 1) 25.4014073 - 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 15.7714160 - Personal Computer Support Technician 21.86Page 3 of 10https://www.wdol.gov/wdol/scafiles/std/15-2493.txt?v=3 2/21/201715000 - Instructional Occupations15010 - Aircrew Training Devices Instructor (Non-Rated) 28.5215020 - Aircrew Training Devices Instructor (Rated) 34.5315030 - Air Crew Training Devices Instructor (Pilot) 37.9715050 - Computer Based Training Specialist / Instructor 28.5215060 - Educational Technologist 27.3915070 - Flight Instructor (Pilot) 37.9715080 - Graphic Artist 20.6015090 - Technical Instructor 19.4415095 - Technical Instructor/Course Developer 23.7815110 - Test Proctor 15.6915120 - Tutor 15.6916000 - Laundry, Dry-Cleaning, Pressing And Related Occupations16010 - Assembler 9.0616030 - Counter Attendant 9.0616040 - Dry Cleaner 11.6816070 - Finisher, Flatwork, Machine 9.0616090 - Presser, Hand 9.0616110 - Presser, Machine, Drycleaning 9.0616130 - Presser, Machine, Shirts 9.0616160 - Presser, Machine, Wearing Apparel, Laundry 9.0616190 - Sewing Machine Operator 12.5016220 - Tailor 13.3116250 - Washer, Machine 10.0219000 - Machine Tool Operation And Repair Occupations19010 - Machine-Tool Operator (Tool Room) 18.1919040 - Tool And Die Maker 21.7321000 - Materials Handling And Packing Occupations21020 - Forklift Operator 13.1221030 - Material Coordinator 18.2521040 - Material Expediter 18.2521050 - Material Handling Laborer 12.6221071 - Order Filler 11.3121080 - Production Line Worker (Food Processing) 13.1221110 - Shipping Packer 13.0121130 - Shipping/Receiving Clerk 13.0121140 - Store Worker I 11.6421150 - Stock Clerk 15.7421210 - Tools And Parts Attendant 13.1221410 - Warehouse Specialist 13.1223000 - Mechanics And Maintenance And Repair Occupations23010 - Aerospace Structural Welder 21.7623021 - Aircraft Mechanic I 20.7323022 - Aircraft Mechanic II 21.7623023 - Aircraft Mechanic III 22.8423040 - Aircraft Mechanic Helper 15.5423050 - Aircraft, Painter 19.7923060 - Aircraft Servicer 17.4323080 - Aircraft Worker 18.4323110 - Appliance Mechanic 17.4623120 - Bicycle Repairer 12.7723125 - Cable Splicer 22.1823130 - Carpenter, Maintenance 16.1923140 - Carpet Layer 16.8923160 - Electrician, Maintenance 20.7923181 - Electronics Technician Maintenance I 19.6223182 - Electronics Technician Maintenance II 20.6323183 - Electronics Technician Maintenance III 21.7223260 - Fabric Worker 15.8623290 - Fire Alarm System Mechanic 17.6323310 - Fire Extinguisher Repairer 14.94Page 4 of 10https://www.wdol.gov/wdol/scafiles/std/15-2493.txt?v=3 2/21/201723311 - Fuel Distribution System Mechanic 21.2623312 - Fuel Distribution System Operator 17.1423370 - General Maintenance Worker 16.1623380 - Ground Support Equipment Mechanic 20.7323381 - Ground Support Equipment Servicer 17.4323382 - Ground Support Equipment Worker 18.4323391 - Gunsmith I 14.9423392 - Gunsmith II 16.8923393 - Gunsmith III 18.7123410 - Heating, Ventilation And Air-Conditioning 17.84Mechanic23411 - Heating, Ventilation And Air Conditioning 18.67Mechanic (Research Facility)23430 - Heavy Equipment Mechanic 18.5723440 - Heavy Equipment Operator 16.4723460 - Instrument Mechanic 22.5723465 - Laboratory/Shelter Mechanic 17.7723470 - Laborer 12.1023510 - Locksmith 17.7723530 - Machinery Maintenance Mechanic 19.8923550 - Machinist, Maintenance 19.5523580 - Maintenance Trades Helper 13.6023591 - Metrology Technician I 22.5723592 - Metrology Technician II 23.6223593 - Metrology Technician III 24.6423640 - Millwright 19.1923710 - Office Appliance Repairer 17.7723760 - Painter, Maintenance 17.0323790 - Pipefitter, Maintenance 18.6423810 - Plumber, Maintenance 17.7823820 - Pneudraulic Systems Mechanic 18.7123850 - Rigger 18.7123870 - Scale Mechanic 16.8923890 - Sheet-Metal Worker, Maintenance 19.7323910 - Small Engine Mechanic 16.1823931 - Telecommunications Mechanic I 24.5123932 - Telecommunications Mechanic II 25.7123950 - Telephone Lineman 22.0123960 - Welder, Combination, Maintenance 17.7423965 - Well Driller 17.8423970 - Woodcraft Worker 18.7123980 - Woodworker 14.9424000 - Personal Needs Occupations24570 - Child Care Attendant 9.6124580 - Child Care Center Clerk 11.9724610 - Chore Aide 10.0024620 - Family Readiness And Support Services 12.40Coordinator24630 - Homemaker 14.8725000 - Plant And System Operations Occupations25010 - Boiler Tender 23.3225040 - Sewage Plant Operator 18.9725070 - Stationary Engineer 23.3225190 - Ventilation Equipment Tender 16.7825210 - Water Treatment Plant Operator 19.1027000 - Protective Service Occupations27004 - Alarm Monitor 14.8527007 - Baggage Inspector 10.9727008 - Corrections Officer 14.9627010 - Court Security Officer 16.1127030 - Detection Dog Handler 12.66Page 5 of 10https://www.wdol.gov/wdol/scafiles/std/15-2493.txt?v=3 2/21/201727040 - Detention Officer 14.9627070 - Firefighter 17.3327101 - Guard I 10.9727102 - Guard II 12.6627131 - Police Officer I 17.6127132 - Police Officer II 19.5628000 - Recreation Occupations28041 - Carnival Equipment Operator 10.8628042 - Carnival Equipment Repairer 11.5828043 - Carnival Worker 8.6328210 - Gate Attendant/Gate Tender 13.0528310 - Lifeguard 11.1228350 - Park Attendant (Aide) 14.6028510 - Recreation Aide/Health Facility Attendant 10.6628515 - Recreation Specialist 16.5828630 - Sports Official 11.6328690 - Swimming Pool Operator 16.2029000 - Stevedoring/Longshoremen Occupational Services29010 - Blocker And Bracer 18.1629020 - Hatch Tender 18.1629030 - Line Handler 18.1629041 - Stevedore I 17.2229042 - Stevedore II 19.2830000 - Technical Occupations30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.7730011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.6630012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.1630021 - Archeological Technician I 17.1130022 - Archeological Technician II 17.3930023 - Archeological Technician III 21.6230030 - Cartographic Technician 23.5030040 - Civil Engineering Technician 20.2130061 - Drafter/CAD Operator I 15.6630062 - Drafter/CAD Operator II 17.5830063 - Drafter/CAD Operator III 21.0230064 - Drafter/CAD Operator IV 26.0430081 - Engineering Technician I 15.8430082 - Engineering Technician II 17.7930083 - Engineering Technician III 20.1130084 - Engineering Technician IV 24.9230085 - Engineering Technician V 30.1530086 - Engineering Technician VI 36.5030090 - Environmental Technician 27.6930210 - Laboratory Technician 21.0530240 - Mathematical Technician 21.5630361 - Paralegal/Legal Assistant I 16.7230362 - Paralegal/Legal Assistant II 20.0230363 - Paralegal/Legal Assistant III 24.4930364 - Paralegal/Legal Assistant IV 29.6330390 - Photo-Optics Technician 22.2830461 - Technical Writer I 19.9230462 - Technical Writer II 24.3630463 - Technical Writer III 29.4830491 - Unexploded Ordnance (UXO) Technician I 22.7430492 - Unexploded Ordnance (UXO) Technician II 27.5130493 - Unexploded Ordnance (UXO) Technician III 32.9730494 - Unexploded (UXO) Safety Escort 22.7430495 - Unexploded (UXO) Sweep Personnel 22.7430620 - Weather Observer, Combined Upper Air Or (see 2) 21.02Surface Programs30621 - Weather Observer, Senior (see 2) 22.04Page 6 of 10https://www.wdol.gov/wdol/scafiles/std/15-2493.txt?v=3 2/21/201731000 - Transportation/Mobile Equipment Operation Occupations31020 - Bus Aide 9.7231030 - Bus Driver 13.6531043 - Driver Courier 14.6531260 - Parking and Lot Attendant 9.3631290 - Shuttle Bus Driver 15.6331310 - Taxi Driver 11.1431361 - Truckdriver, Light 15.6331362 - Truckdriver, Medium 16.5131363 - Truckdriver, Heavy 18.0031364 - Truckdriver, Tractor-Trailer 18.0099000 - Miscellaneous Occupations99030 - Cashier 9.6599050 - Desk Clerk 10.9699095 - Embalmer 25.3799251 - Laboratory Animal Caretaker I 11.1499252 - Laboratory Animal Caretaker II 13.0699310 - Mortician 25.3799410 - Pest Controller 15.9399510 - Photofinishing Worker 11.9599710 - Recycling Laborer 14.6499711 - Recycling Specialist 17.3199730 - Refuse Collector 13.2599810 - Sales Clerk 11.5199820 - School Crossing Guard 11.8799830 - Survey Party Chief 18.7299831 - Surveying Aide 12.4099832 - Surveying Technician 17.0299840 - Vending Machine Attendant 13.5299841 - Vending Machine Repairer 16.0599842 - Vending Machine Repairer Helper 13.52____________________________________________________________________________________Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for FederalContractors, applies to all contracts subject to the Service Contract Act for whichthe contract is awarded (and any solicitation was issued) on or after January 1,2017. If this contract is covered by the EO, the contractor must provide employeeswith 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paidsick leave each year. Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, including preventive care; toassist a family member (or person who is like family to the employee) who is ill,injured, or has other health-related needs, including preventive care; or forreasons resulting from, or to assist a family member (or person who is like familyto the employee) who is the victim of, domestic violence, sexual assault, orstalking. Additional information on contractor requirements and worker protectionsunder the EO is available at www.dol.gov/whd/govcontracts.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, and 4 weeks after 15 years. Length of serviceincludes the whole span of continuous service with the present contractor orsuccessor, wherever employed, and with the predecessor contractors in theperformance 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 LutherPage 7 of 10https://www.wdol.gov/wdol/scafiles/std/15-2493.txt?v=3 2/21/2017King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day,Labor Day, 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 4.174)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 employees employed in a position thatrepresents a high degree of hazard when working with or in close proximity toordnance, explosives, and incendiary materials. This includes work such asscreening, blending, dying, mixing, and pressing of sensitive ordnance, explosives,and pyrotechnic compositions such as lead azide, black powder and photoflash powder.All dry-house activities involving propellants or explosives. Demilitarization,modification, renovation, demolition, and maintenance operations on sensitivePage 8 of 10https://www.wdol.gov/wdol/scafiles/std/15-2493.txt?v=3 2/21/2017ordnance, explosives and incendiary materials. All operations involving re-gradingand 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 toordnance, (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 the like;minimal damage to immediate or adjacent work area or equipment being used. Alloperations involving, unloading, storage, and hauling of ordnance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordnance, 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.** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **The duties of employees under job titles listed are those described in the"Service Contract Act Directory of Occupations", Fifth Edition (Revision 1),dated September 2015, unless otherwise indicated.REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATEStandard Form 1444 (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 (See 29 CFR 4.6(b)(2)(i)). Such conformingprocedures shall be initiated by the contractor prior to the performance of contractwork by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wageand Hour Division shall make a final determination of conformed classification, wagePage 9 of 10https://www.wdol.gov/wdol/scafiles/std/15-2493.txt?v=3 2/21/2017rate, and/or fringe benefits which shall be retroactive to the commencement date ofthe contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinationsare included in a contract, a separate SF-1444 should be prepared for each wagedetermination to which a class(es) is to be conformed.The process for preparing a conformance request is as follows:1) When preparing the bid, the contractor identifies the need for a conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in orderthe proposed 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, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).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 ensurethat 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.Page 10 of 10https://www.wdol.gov/wdol/scafiles/std/15-2493.txt?v=3 2/21/2017
NWWP9325-17-00038MWH Department of Commerce National Oceanic and Atmospheric Administration
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