Surface Finishing of Monk Seal Tank #3 and Existing Decks for all Four Tanks
Added: Jul 06, 2017 7:45 pm (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposas are being requested and a written solicitation will not be issued.(ii) The solicitation number for this procurement is WF133F17RQ0567 and is hereby issued as a request for quotation (RFQ).(iii) The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-94, 2005-95 effective January 19, 2017.(iv) This procurement is 100% set-aside for small business concerns. The associated NAICS code is 238320 with a corresponding small business size standard of $15.0 million.(v) Contract Line Item NumbersSee Attached Standard Form 18 included as a separate attachment on FBO.(vi) Description of requirements for the items to be acquiredSee the Statement of Work which is included as a separate attachment on FBO.(vii) Date(s) and place(s) of delivery and acceptance and FOB Point.Dates:See Period of PerformancePlace of Delivery:NOAA/NMFS/PIFSC1845 Wasp Boulevard, Building 176Honolulu, HI 96818All deliveries shall be FOB Destination.All Federal Acquisition Regulation (FAR) clauses listed below are available for download at https://acquisition.gov/far/.(viii) 52.212-1, Instructions to Offerors-Commercial Items (JAN 2017) applies to this acquisition. No addenda are included.(ix) 52.212-2, Evaluation-Commercial Items (OCT 2014) applies to this acquisition as follows:(a) The Government will award a contract resulting from this solicitation to theresponsible 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:Factor A -- APPROACH AND CAPABILITIES - Vendors will be evaluated based on their corporate and individual qualifications to perform the work; adequacy of equipment and materials proposed; and experience with the types of services identified in the solicitation.Factor B -- PAST PERFORMANCE -- Performance by the vendor and its subcontractor(s) as it relates to all solicitation requirements will be evaluated. The evaluation will include the quality of supplies and services previously performed, timeliness of performance, customer satisfaction and indication of ability to improve performance tough proactive management. Evaluation of this factor will be based on the information contained in the proposal and information provided by references. The government may evaluate past performance by contacting references and/or other sources and may also consider other information available.Factor C - PRICETechnical and past performance, when combined, are considered to be significantly more important when compared to price.(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.The government reserves the right to make an award to other than the lowest priced offer or if the contracting officer determines that to do so would result in the best value to the government.Note that any and all costs associated with proposal preparation, are the responsibility of the quoter and will not be reimbursed by the government.(x) The quoter must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (JAN 2017) with its quote.(xi) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (JAN 2017) applies to this acquisition.(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2017) applies to this acquisition. Additional FAR clauses cited in the clause are applicable to the acquisition, as follows. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JAN 2017)(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108- 77 and 108-78 (19 U.S.C. 3805 note)).(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.]__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (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).__ (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 (Nov 2016) (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.__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).__ (21) 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).__ (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).__ (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).__ (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) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).__ (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). Fill in information: GS 7/ Step 2 $24.00 per hour__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).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) 52.219-8, 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.(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).(xi) 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).(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).(xvi) 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)(xvi): 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.(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).(xix) 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). (xx) 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. (xxi) 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)Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Jan 2017). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions.(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 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. (D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (E) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (H) 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. (I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (J) ___(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). ___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (K) 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). (L) 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). (M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989). (N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (O) 52.222-59 Compliance with Labor Laws (Executive Order 13673) (OCT 2016). Note to paragraph (e)(1)(ii)(O): 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. (P) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). (Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (R) 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) (S) 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. (T) 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. (xiii) Additional contact requirements are as follows:1352.201-70 CONTRACTING OFFICER'S AUTHORITYThe Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.1352.209-73 COMPLIANCE WITH THE LAWS (APR)The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition teshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver. PERIOD OF PERFORMANCE The period of performance of this purchase order is from August 17, 2017 tough September 30, 2017. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)(a) Definitions. As used in this clause-"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors."Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern."Registered in the System for Award Management (SAM) database" means that-(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and(4) The Government has marked the record "Active"."System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.(c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-(A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet toughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.(End of clause)52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked tough an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(b) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.52.246-20 WARRANTY OF SERVICES(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 24 months of the date of acceptance by the Government. This notice shall state either-(1) That the Contractor shall correct or reperform any defective or nonconforming services; or(2) That the Government does not require correction or reperformance.(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):https://acqquisition.gov/far(End of clause)52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.(b) The use in this solicitation or contract of any clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.1330-52.242.70 SUBMITTAL OF INVOICESThe Contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.To constitute a proper invoice, the contractor's invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, "Contractor's Invoice," of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, "Invoices," applies.If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN(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 3. Identify constraints in transparency (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).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 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 items (a) tough (f) within this language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.(End of solicitation and contract language) The following provisions also apply:SITE VISIT Vendors are urged to inspect the worksite prior to submitting a quote for this procurement. Vendors should note that the site is located at an active military base. Therefore, vendors participating in the site visit should be U.S. citizens or permanent residents with the proper credentials to access Ford Island. Government escorts onto the base will not be provided. Vendors shall visit the site to be thoroughly familiar with all details of the work and working conditions and must verify dimensions of the work to be performed. If any discrepancies are noted, the Contracting Officer should be notified. In no event shall failure to attend the site visit constitute grounds for submittal of a protest or claim. (b) An organized site visit has been scheduled for:JULY 13, 2017 @ 9:30 - 10:00 AM (HST)(c) Participants will meet at:NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATIONDANIEL K. INOUYE REGIONAL CENTER1845 WASP BOULEVARDHONOLULU, HI 96818FRONT ENTRANCE SECURITY DESKQUOTATION REQUIREMENTSVendors are responsible for submitting quotations to the Government office designated in the solicitation by the time specified. The vendor's initial quotation should contain the best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received.To be considered, vendors must furnish detailed information with their quote:(1) Vendor Information Form (included with this RFQ).(2) A technical proposal showing how the vendor intends to meet the requirements in the scope of work with sufficient detail to allow the Government to evaluate the quotation in accordance with the evaluation factors stated in the solicitation.(3) Recent and relevant past performance information for similar contracts performed (including contract number, points of contact name and telephone number and a brief description of the work performed).(4) SF18 Form along with a breakdown of the price proposed.1352.233-70 AGENCY PROTESTS(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 FR 16,651 (April 6, 1999).(b) Agency protests filed with the Contracting Officer shall be sent to the following address: National Marine Fisheries ServicePacific Islands Fisheries Science Center1845 Wasp Boulevard, Building 176Honolulu, HI 96818.(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:U.S. Department of CommerceOffice of Assistant General Counsel for Finance and LitigationContract Law DivisionHerbert C. Hoover Building 14th Street and Constitution Avenue NW, Room H5882Washington DC 20230FAX: (202) 482-5858(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 Commerce, Office of the General CounselChief, Contract Law Division, Room 5893Herbert C. Hoover Building 14th Street and Constitution Avenue, NWWashington, DC 20230. FAX: (202) 482-58581352.233-71 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 Counsel Chief, Contract Law DivisionRoom 5893Herbert C. Hoover Building 14th Street and Constitution Avenue, NW.Washington, DC 2023052.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):https://acquisition.gov/far/(xiv) Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply.(xv) Quotes are required to be received in the contracting office no later than 2:00 p.m. Hawaii-Aleutian Standard Time (HAST) on July 17, 2017.(xvi) All quotes must be emailed to the attention of Stephanie Garnett, Contracting Officer at: stephanie.m.garnett@noaa.gov. For information regarding the solicitation, the Contracting Officer may be contacted via phone at (808) 725-5356.All vendors doing business with the Government are required to be registered in the System for Award Management (SAM) database prior to award of a purchase order. Vendors may register with SAM by calling 1 (866) 606-8220. In order to be eligible to receive an award, offerors must have a Dun & Bradstreet Number. A Dun & Bradstreet number may be acquired free of charge by contacting Dun & Bradstreet on-line at https://iupdate.dnb.com/iUpdate/companylookup.htm.VENDOR INFORMATION FORMFORM MUST BE RETURNED WITH QUOTEQUOTED BY: ______________________DATE: ____________________________COMPANY NAME: __________________EMAIL ADDRESS: __________________PHONE: __________________________SMALL BUSINESS?: _______________ FAX: ____________________________ADDRESS: ____________________________________________________________________________________________DUNS NO: _________________________CAGE CODE: ______________________SAM EXPIRATION DATE: _____________All vendors doing business with the Government are required to be registered with the System for Award Management (SAM). NO award can be made unless the vendor is registered in SAM. For additional information and to register in SAM, please access the following website: www.sam.gov. In order to register with the SAM and to be eligible to receive an award for this acquisition, all offerors must also have a Dun &Bradstreet Number. A Dun & Bradstreet number may be acquired free of charge by contacting Dun & Bradstreet on-line at https://www.dnb.com/product/eupdate/requestOptions.html or by phone at (800) 333-0505.This procurement also requires offerors to complete the electronic representations and certifications at the SAMwebsite. All responsible and fully responsive sources may submit a proposal which will be considered by theAgency. WD 15-5691 (Rev.-2) was first posted on www.wdol.gov on 03/28/2017************************************************************************************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.: 2015-5691Daniel W. Simms Division of | Revision No.: 2Director Wage Determinations| Date Of Revision: 03/17/2017_______________________________________|____________________________________________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: HawaiiArea: Hawaii Counties of Hawaii, KauaiOCCUPATION NOTE:STEVEDORING AND LONGSHOREMEN: Wage rates and fringe benefits can be found onWage Determination 2000-0085____________________________________________________________________________________**Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations01011 - Accounting Clerk I 14.2001012 - Accounting Clerk II 15.9301013 - Accounting Clerk III 17.7301020 - Administrative Assistant 26.4801035 - Court Reporter 18.5901041 - Customer Service Representative I 13.7401042 - Customer Service Representative II 15.4401043 - Customer Service Representative III 16.8401051 - Data Entry Operator I 13.1601052 - Data Entry Operator II 14.3601060 - Dispatcher, Motor Vehicle 17.6501070 - Document Preparation Clerk 13.8601090 - Duplicating Machine Operator 13.8601111 - General Clerk I 12.5301112 - General Clerk II 13.6701113 - General Clerk III 15.4501120 - Housing Referral Assistant 23.7701141 - Messenger Courier 13.7201191 - Order Clerk I 14.5001192 - Order Clerk II 15.8201261 - Personnel Assistant (Employment) I 15.7901262 - Personnel Assistant (Employment) II 17.8801263 - Personnel Assistant (Employment) III 19.6801270 - Production Control Clerk 19.5401290 - Rental Clerk 15.7901300 - Scheduler, Maintenance 19.0501311 - Secretary I 19.0501312 - Secretary II 21.3101313 - Secretary III 23.7701320 - Service Order Dispatcher 15.4601410 - Supply Technician 26.4801420 - Survey Worker 17.1001460 - Switchboard Operator/Receptionist 16.9401531 - Travel Clerk I 14.7801532 - Travel Clerk II 15.9701533 - Travel Clerk III 17.1201611 - Word Processor I 14.3601612 - Word Processor II 16.1101613 - Word Processor III 18.0305000 - Automotive Service Occupations05005 - Automobile Body Repairer, Fiberglass 22.1905010 - Automotive Electrician 22.4305040 - Automotive Glass Installer 22.0005070 - Automotive Worker 22.0005110 - Mobile Equipment Servicer 18.9905130 - Motor Equipment Metal Mechanic 24.4105160 - Motor Equipment Metal Worker 22.0005190 - Motor Vehicle Mechanic 25.6505220 - Motor Vehicle Mechanic Helper 17.3905250 - Motor Vehicle Upholstery Worker 20.8005280 - Motor Vehicle Wrecker 22.0005310 - Painter, Automotive 23.1905340 - Radiator Repair Specialist 22.0005370 - Tire Repairer 13.7805400 - Transmission Repair Specialist 24.3707000 - Food Preparation And Service Occupations07010 - Baker 16.3107041 - Cook I 14.4907042 - Cook II 16.8207070 - Dishwasher 12.7807130 - Food Service Worker 12.2507210 - Meat Cutter 19.1807260 - Waiter/Waitress 12.0109000 - Furniture Maintenance And Repair Occupations09010 - Electrostatic Spray Painter 19.1509040 - Furniture Handler 12.8809080 - Furniture Refinisher 21.0709090 - Furniture Refinisher Helper 15.6109110 - Furniture Repairer, Minor 18.2909130 - Upholsterer 19.1511000 - General Services And Support Occupations11030 - Cleaner, Vehicles 11.7711060 - Elevator Operator 14.1811090 - Gardener 18.0411122 - Housekeeping Aide 14.5211150 - Janitor 14.5211210 - Laborer, Grounds Maintenance 14.9111240 - Maid or Houseman 15.9411260 - Pruner 13.3411270 - Tractor Operator 18.0711330 - Trail Maintenance Worker 14.9111360 - Window Cleaner 16.2212000 - Health Occupations12010 - Ambulance Driver 22.1912011 - Breath Alcohol Technician 20.7012012 - Certified Occupational Therapist Assistant 21.6412015 - Certified Physical Therapist Assistant 20.2512020 - Dental Assistant 16.2812025 - Dental Hygienist 33.1412030 - EKG Technician 28.6212035 - Electroneurodiagnostic Technologist 28.6212040 - Emergency Medical Technician 22.1912071 - Licensed Practical Nurse I 18.5112072 - Licensed Practical Nurse II 20.7012073 - Licensed Practical Nurse III 23.0912100 - Medical Assistant 15.3412130 - Medical Laboratory Technician 21.4612160 - Medical Record Clerk 17.8212190 - Medical Record Technician 19.9312195 - Medical Transcriptionist 21.7112210 - Nuclear Medicine Technologist 34.8912221 - Nursing Assistant I 11.3912222 - Nursing Assistant II 12.8112223 - Nursing Assistant III 13.9812224 - Nursing Assistant IV 15.6912235 - Optical Dispenser 20.0312236 - Optical Technician 16.4012250 - Pharmacy Technician 17.9012280 - Phlebotomist 15.6912305 - Radiologic Technologist 29.0412311 - Registered Nurse I 29.2912312 - Registered Nurse II 35.8212313 - Registered Nurse II, Specialist 35.8212314 - Registered Nurse III 43.3412315 - Registered Nurse III, Anesthetist 43.3412316 - Registered Nurse IV 51.9412317 - Scheduler (Drug and Alcohol Testing) 25.6612320 - Substance Abuse Treatment Counselor 17.7513000 - Information And Arts Occupations13011 - Exhibits Specialist I 20.4613012 - Exhibits Specialist II 25.3313013 - Exhibits Specialist III 31.0013041 - Illustrator I 20.7113042 - Illustrator II 25.6713043 - Illustrator III 31.4013047 - Librarian 28.7113050 - Library Aide/Clerk 15.5913054 - Library Information Technology Systems 21.89Administrator13058 - Library Technician 19.1013061 - Media Specialist I 17.4513062 - Media Specialist II 19.5113063 - Media Specialist III 21.7613071 - Photographer I 15.4013072 - Photographer II 18.1913073 - Photographer III 21.5713074 - Photographer IV 26.3913075 - Photographer V 31.8913090 - Technical Order Library Clerk 15.8213110 - Video Teleconference Technician 20.3014000 - Information Technology Occupations14041 - Computer Operator I 17.5414042 - Computer Operator II 19.6214043 - Computer Operator III 22.8014044 - Computer Operator IV 24.8114045 - Computer Operator V 27.4514071 - Computer Programmer I (see 1)14072 - Computer Programmer II (see 1)14073 - Computer Programmer III (see 1)14074 - Computer Programmer IV (see 1)14101 - Computer Systems Analyst I (see 1)14102 - Computer Systems Analyst II (see 1)14103 - Computer Systems Analyst III (see 1)14150 - Peripheral Equipment Operator 17.5414160 - Personal Computer Support Technician 24.8114170 - System Support Specialist 25.1415000 - Instructional Occupations15010 - Aircrew Training Devices Instructor (Non-Rated) 30.8315020 - Aircrew Training Devices Instructor (Rated) 37.3015030 - Air Crew Training Devices Instructor (Pilot) 43.0915050 - Computer Based Training Specialist / Instructor 30.8315060 - Educational Technologist 25.8015070 - Flight Instructor (Pilot) 43.0915080 - Graphic Artist 22.9715085 - Maintenance Test Pilot, Fixed, Jet/Prop 38.6915086 - Maintenance Test Pilot, Rotary Wing 38.6915088 - Non-Maintenance Test/Co-Pilot 38.6915090 - Technical Instructor 19.6915095 - Technical Instructor/Course Developer 24.0915110 - Test Proctor 19.4715120 - Tutor 19.4716000 - Laundry, Dry-Cleaning, Pressing And Related Occupations16010 - Assembler 12.1216030 - Counter Attendant 12.1216040 - Dry Cleaner 15.0116070 - Finisher, Flatwork, Machine 12.1216090 - Presser, Hand 12.1216110 - Presser, Machine, Drycleaning 12.1216130 - Presser, Machine, Shirts 12.1216160 - Presser, Machine, Wearing Apparel, Laundry 12.1216190 - Sewing Machine Operator 15.9816220 - Tailor 16.8316250 - Washer, Machine 13.1019000 - Machine Tool Operation And Repair Occupations19010 - Machine-Tool Operator (Tool Room) 26.2019040 - Tool And Die Maker 32.9321000 - Materials Handling And Packing Occupations21020 - Forklift Operator 20.9321030 - Material Coordinator 21.8921040 - Material Expediter 21.8921050 - Material Handling Laborer 16.8921071 - Order Filler 13.9321080 - Production Line Worker (Food Processing) 20.9321110 - Shipping Packer 15.2221130 - Shipping/Receiving Clerk 14.6921140 - Store Worker I 13.9321150 - Stock Clerk 19.5521210 - Tools And Parts Attendant 20.9321410 - Warehouse Specialist 20.9323000 - Mechanics And Maintenance And Repair Occupations23010 - Aerospace Structural Welder 31.6123019 - Aircraft Logs and Records Technician 24.8923021 - Aircraft Mechanic I 29.7323022 - Aircraft Mechanic II 31.6123023 - Aircraft Mechanic III 33.4723040 - Aircraft Mechanic Helper 21.4623050 - Aircraft, Painter 27.8023060 - Aircraft Servicer 24.8923070 - Aircraft Survival Flight Equipment Technician 27.8023080 - Aircraft Worker 26.5823091 - Aircrew Life Support Equipment (ALSE) Mechanic 26.58I23092 - Aircrew Life Support Equipment (ALSE) Mechanic 29.73II23110 - Appliance Mechanic 24.1323120 - Bicycle Repairer 16.6823125 - Cable Splicer 28.3923130 - Carpenter, Maintenance 30.9923140 - Carpet Layer 24.8623160 - Electrician, Maintenance 31.0823181 - Electronics Technician Maintenance I 26.8323182 - Electronics Technician Maintenance II 28.6923183 - Electronics Technician Maintenance III 30.5623260 - Fabric Worker 22.8023290 - Fire Alarm System Mechanic 25.8123310 - Fire Extinguisher Repairer 21.1123311 - Fuel Distribution System Mechanic 27.9023312 - Fuel Distribution System Operator 21.5823370 - General Maintenance Worker 20.3023380 - Ground Support Equipment Mechanic 29.7323381 - Ground Support Equipment Servicer 24.8923382 - Ground Support Equipment Worker 26.5823391 - Gunsmith I 21.1123392 - Gunsmith II 24.5023393 - Gunsmith III 27.9023410 - Heating, Ventilation And Air-Conditioning 26.14Mechanic23411 - Heating, Ventilation And Air Contditioning 27.79Mechanic (Research Facility)23430 - Heavy Equipment Mechanic 28.2923440 - Heavy Equipment Operator 34.1123460 - Instrument Mechanic 29.9623465 - Laboratory/Shelter Mechanic 26.2023470 - Laborer 16.4923510 - Locksmith 25.8023530 - Machinery Maintenance Mechanic 27.1723550 - Machinist, Maintenance 24.5823580 - Maintenance Trades Helper 16.4223591 - Metrology Technician I 29.9623592 - Metrology Technician II 31.8623593 - Metrology Technician III 33.7323640 - Millwright 27.9023710 - Office Appliance Repairer 23.7223760 - Painter, Maintenance 25.2923790 - Pipefitter, Maintenance 30.4623810 - Plumber, Maintenance 28.2823820 - Pneudraulic Systems Mechanic 27.9023850 - Rigger 27.9023870 - Scale Mechanic 24.5023890 - Sheet-Metal Worker, Maintenance 31.3123910 - Small Engine Mechanic 22.5923931 - Telecommunications Mechanic I 30.2723932 - Telecommunications Mechanic II 30.8623950 - Telephone Lineman 26.6023960 - Welder, Combination, Maintenance 25.0423965 - Well Driller 27.6523970 - Woodcraft Worker 27.9023980 - Woodworker 19.4424000 - Personal Needs Occupations24550 - Case Manager 16.1924570 - Child Care Attendant 11.6224580 - Child Care Center Clerk 15.1424610 - Chore Aide 11.4024620 - Family Readiness And Support Services 16.19Coordinator24630 - Homemaker 20.1125000 - Plant And System Operations Occupations25010 - Boiler Tender 27.9025040 - Sewage Plant Operator 23.0225070 - Stationary Engineer 27.9025190 - Ventilation Equipment Tender 19.4025210 - Water Treatment Plant Operator 23.0227000 - Protective Service Occupations27004 - Alarm Monitor 18.6927007 - Baggage Inspector 13.3427008 - Corrections Officer 23.1527010 - Court Security Officer 23.2827030 - Detection Dog Handler 16.5727040 - Detention Officer 23.1527070 - Firefighter 23.6927101 - Guard I 13.3427102 - Guard II 16.5727131 - Police Officer I 26.3727132 - Police Officer II 29.3028000 - Recreation Occupations28041 - Carnival Equipment Operator 13.7228042 - Carnival Equipment Repairer 14.5928043 - Carnival Worker 10.9228210 - Gate Attendant/Gate Tender 16.9428310 - Lifeguard 17.4228350 - Park Attendant (Aide) 18.9528510 - Recreation Aide/Health Facility Attendant 14.5128515 - Recreation Specialist 23.5828630 - Sports Official 15.0928690 - Swimming Pool Operator 18.8529000 - Stevedoring/Longshoremen Occupational Services29010 - Blocker And Bracer29020 - Hatch Tender29030 - Line Handler29041 - Stevedore I29042 - Stevedore II30000 - Technical Occupations30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 37.7230011 - Air Traffic Control Specialist, Station (HFO) (see 2) 26.0130012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.6330021 - Archeological Technician I 17.6930022 - Archeological Technician II 19.7930023 - Archeological Technician III 24.5130030 - Cartographic Technician 24.5130040 - Civil Engineering Technician 23.7130051 - Cryogenic Technician I 27.1530052 - Cryogenic Technician II 29.9930061 - Drafter/CAD Operator I 17.6930062 - Drafter/CAD Operator II 19.7930063 - Drafter/CAD Operator III 22.0630064 - Drafter/CAD Operator IV 27.1530081 - Engineering Technician I 15.9130082 - Engineering Technician II 18.6430083 - Engineering Technician III 22.5030084 - Engineering Technician IV 29.7430085 - Engineering Technician V 32.6030086 - Engineering Technician VI 39.4130090 - Environmental Technician 22.2130095 - Evidence Control Specialist 24.5130210 - Laboratory Technician 23.0130221 - Latent Fingerprint Technician I 27.1530222 - Latent Fingerprint Technician II 29.9930240 - Mathematical Technician 25.7830361 - Paralegal/Legal Assistant I 18.6630362 - Paralegal/Legal Assistant II 23.1330363 - Paralegal/Legal Assistant III 28.3030364 - Paralegal/Legal Assistant IV 34.2330375 - Petroleum Supply Specialist 29.9930390 - Photo-Optics Technician 25.7830395 - Radiation Control Technician 29.9930461 - Technical Writer I 24.5130462 - Technical Writer II 29.9930463 - Technical Writer III 36.2830491 - Unexploded Ordnance (UXO) Technician I 23.9730492 - Unexploded Ordnance (UXO) Technician II 29.0030493 - Unexploded Ordnance (UXO) Technician III 34.7630494 - Unexploded (UXO) Safety Escort 23.9730495 - Unexploded (UXO) Sweep Personnel 23.9730501 - Weather Forecaster I 27.1530502 - Weather Forecaster II 33.0230620 - Weather Observer, Combined Upper Air Or (see 2) 22.06Surface Programs30621 - Weather Observer, Senior (see 2) 24.5131000 - Transportation/Mobile Equipment Operation Occupations31010 - Airplane Pilot 29.0031020 - Bus Aide 13.2831030 - Bus Driver 18.9231043 - Driver Courier 14.1031260 - Parking and Lot Attendant 9.2431290 - Shuttle Bus Driver 14.9831310 - Taxi Driver 11.8331361 - Truckdriver, Light 14.9831362 - Truckdriver, Medium 17.2631363 - Truckdriver, Heavy 20.1031364 - Truckdriver, Tractor-Trailer 20.1099000 - Miscellaneous Occupations99020 - Cabin Safety Specialist 14.1499030 - Cashier 11.7399050 - Desk Clerk 18.4699095 - Embalmer 24.5799130 - Flight Follower 23.9799251 - Laboratory Animal Caretaker I 12.7199252 - Laboratory Animal Caretaker II 17.6799260 - Marketing Analyst 30.1499310 - Mortician 24.5799410 - Pest Controller 17.3399510 - Photofinishing Worker 15.2599710 - Recycling Laborer 21.1199711 - Recycling Specialist 25.4199730 - Refuse Collector 18.9099810 - Sales Clerk 14.3999820 - School Crossing Guard 15.8299830 - Survey Party Chief 26.4199831 - Surveying Aide 14.4499832 - Surveying Technician 19.7999840 - Vending Machine Attendant 13.9099841 - Vending Machine Repairer 16.5799842 - Vending Machine Repairer Helper 13.90 ____________________________________________________________________________________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: $1.78 per hour, or $71.02 per week, or $308.53 per month for allemployees on whose behalf the contractor provides health care benefits pursuant tothe Hawaii prepaid Health Care Act. For those employees not receiving mandatedhealth care benefits mandated by the Hawaii prepaid Health Care Act, the new healthand welfare amount will remain at $4.27 per hour.VACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor, 3 weeks after 10 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. (See 29 CFR 4.173)HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin LutherKing Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day,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 sensitiveordnance, 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 RATE, StandardForm 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 (See 29 CFR4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractorprior to the performance of contract work by such unlisted class(es) of employees(See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a finaldetermination of conformed classification, wage rate, and/or fringe benefits whichshall be paid to all employees performing in the classification from the first dayof work on which contract work is performed by them in the classification. Failureto pay such unlisted employees the compensation agreed upon by the interestedparties and/or fully determined by the Wage and Hour Division retroactive to thedate such class of employees commenced contract work shall be a violation of the Actand this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations areincluded 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 U.S.Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)).4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, 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 Division's decision to thecontractor.6) Each affected employee shall be furnished by the contractor with a written copyof such determination or it shall be posted as a part of the wage determination (See29 CFR 4.6(b)(2)(iii)).Information required by the Regulations must be submitted on SF-1444 or bond paper.When preparing a conformance request, the "Service Contract Act Directory ofOccupations" should be used to compare job definitions to ensure that dutiesrequested are not performed by a classification already listed in the wagedetermination. 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 (See 29 CFR 4.152(c)(1)).
WE133F17RQ0567 Department of Commerce National Oceanic and Atmospheric Administration
7/6/17, 7:45 PM