Behavioral Health Specialist
Action Code: Combined Synopsis/ Solicitation NoticeNAICS Code/ PSC Code: 621330/ Q-201 Subject: Behavioral Health SpecialistSolicitation Number: ORNGMEDCOMBHOFY20Posted date: 30 August 2019Response due Date and Time: 16 September 2019 2:00pm PSTSet Aside: Total Small BusinessContracting Office Address: United States Property and Fiscal OfficeATTN: USPFO-P, 1776 Militia Way/PO Box 14350 Salem, Oregon 97309-5047 Performance Location:Lane County Armed Forces Reserve Center 3106 Pierce Parkway, Suite A, Springfield, Or 97477 Bend Readiness Center 875 Simpson Ave, Bend, OR 97702 La Grande Readiness Center 404 12th St, La Grande, OR 97850 Period of Performance (POP): 25 September 2019 - 24 September 2020 Information to Offerors All Quotes shall be firm-fixed pricing. If you have any questions or concerns regarding this Request for Quote (RFQ), please contact Spencer Winn at 503-584-3731 or at email: spencer.r.winn.civ@mail.mil. To ensure receipt of your quote, please send quote to Spencer Winn. SAM vendor registration is required. Please visit www.sam.gov. Step-by-step information on how to register is detailed on the website. Lack of registration in the SAM database will make an offeror ineligible for award. Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors' proposals shall be valid for a minimum of 30 days to be acknowledged in the offerors' proposal. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil. Clauses may be accessed electronically in full text tough https://acquisition.gov Please review FAR clause 52.229-3 for any exemptions in Federal, State and Local Taxes and their applicability pertaining to your quote for this RFQ. PRICES QUOTED MUST BE VALID FOR 30 DAYS. PLEASE PRICE IN YOUR QUOTE INTO CLIN's 0001 and 0003 of the Performance Work Statement (Under "SELECTION CRITERIA"). Attach separate documentation outlined in the Performance Work Statement (PWS) for technical evaluation as outlined in the PWS. FOB Destination TO: ORARNG 1776 Militia Way/PO Box 14350 Salem, Oregon 97309-5047 Please return this page and provide the following information. Contact Person: ________________________________________________________ E-mail Address: ________________________________________________________ Telephone: ____________________________________________________________ DUNS Number: _________________________________________ CAGE Code: ________________________________________ Federal Tax ID Number _____________________________________________ 52.232-18 -- Availability of Funds.Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.Requirements for your QuotePlease submit a quote on your company letterhead showing a price per contract line item (CLIN) with a total price at the bottom. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. You may also fill out the PDF version on FBO of the solicitation and send in by the closing due date and time. The award will only be made to an offeror that is all-inclusive of the requirements for this solicitation. DescriptionThis is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Basis for Award The Government will award one contract resulting from this solicitation in accordance with FAR 13.106 to the responsible offeror conforming to all requirements in this solicitation and quoting the lowest price offeror meeting all the requirements of the Selection Criteria outlined in the PWS. It is also required that you provide adequate technical documentation as required by the requirements of this solicitation to determine you are capable of providing the services needed. The awarded vendor will provide us with the documents listed below. This will be verified by a government representative that the person is technically acceptable before issuance of award. SELECTION CRITERIA The contractor must produce these documents along with their firm fixed priced quote in order to be considered for selection based on the following criteria, Please Place your technical certifications on a separate document entitled Performance Work Statement (Selection Criteria Documents) along with your quote listed in the bottom of this section. The price listed at the bottom of this section will be evaluated for price only: • Certification: Provide Certificates of accreditation in the following: • A master's degree in social work from a school of social work fully accredited by the Council on Social Work Education (CSWE); or show documentation that the BHS is working towards completion of their supervised hours for licensure (2 year process) or A master's degree in clinical mental health counseling from a graduate program fully accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP), or show documentation that the BHS is working towards completion of their supervised hours for licensure (2 year process). • A valid license issued by the appropriate Oregon State licensing board (i.e. Oregon Board of Licensed Social Workers, Oregon Board of Licensed Professional Counselors & Therapists) or show documentation that the BHP is working towards completion of their supervised hours for licensure (2 year process). • Training: • Provide plan that details procedures for new hire CAC access within 30 days after award. • Provide new hire training plan for each security requirement listed in paragraph 13 of the Performance Work Statement (PWS). • Past Performance: Must provide 3, but no more than 5 jobs that have been done with the government that are similar in scope. • Price (Request for Quote). CLIN 0001 Behavioral Health Specialist POP September 25th 2019 tough September 24th 2020 I/U 12 Months $_____________ TOTAL $_______________ CLIN 0002 Travel for events POP September 25th 2019 tough September 24th 2020 I/U 12 Months $_____________ TOTAL $_______________ CLIN 0003: Army Contractor Manpower Reporting Requirement (yearly requirement). See individual Line Item PWS. Include price for this reporting requirement (see requirement below) or indicate "No Charge". TOTAL $________________ TOTAL CLIN 0001 - 0003 TOTAL $_________________ FAR 13.004 -- Legal Effect of Quotations.(a) Any response to this synopsis/solicitation will be considered a "quotation". "Offer" means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers.Quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a supplier's quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer.(b) When appropriate, the contracting officer may ask the supplier to indicate acceptance of an order by notification to the Government, preferably in writing, as defined at 2.101. In other circumstances, the supplier may indicate acceptance by furnishing the supplies or services ordered or by proceeding with the work to the point where substantial performance has occurred.(c) If the Government issues an order resulting from a quotation, the Government may (by written notice to the supplier, at any time before acceptance occurs) withdraw, amend, or cancel its offer. (See 13.302-4 for procedures on termination or cancellation of purchase orders.)ANTI-TERRORISM TRAININGContractor must be able to provide the below training certificates 3 days before the commencement of work is to start on or before September 26th 2018. Certificates must be provided to the Contracting Officers Representative (COR) along with copies sent to the Contracting Officer and Contract Specialist. AT Level I Training. This provision/clause/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 10 calendar days before contract start date. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR and to the Contracting Officer, within 3 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 3 calendar days of the training event start date (NLT 26 September 2018), with the results reported to the COR and KO before contract commencement. Contracting Manpower Recording Act (CMRA): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the ARMY collection site as described in this associated PWS. The contractor shall complete Contractor Manpower Reporting (CMR) in accordance with the requirements outlined in the PWS. Information regarding CMR, including contractor user guides, can be obtained at the following website: https://cmra.army.mil/help/glossary.html Unit Identification Code (UIC) for the Requiring Activity: W8BAAA Issuing Office DoDAAC: W912JV PERFORMANCE WORK STATEMENT (PWS)BEHAVIORAL HEALTH PROFESSIONAL (BHP) MEDCOMPeriod of Performance: 25 September 2019-24 September 2020 1. ORGANIZATION Vision: to be "Relevant, reliable, ready and accessible." Mission: • Federal: "Maintain properly trained and equipped units available for prompt mobilization for war, national emergency or as otherwise needed."• State: "To provide trained and disciplined forces for domestic emergencies or as otherwise required by state law." 2. BACKGROUND The Global War on Terrorism (GWOT) has significantly increased the operations and deployments within the Oregon Army National Guard (ORARNG) and has placed additional strain and requirements on our Soldiers and their families. Increased deployments and missions locally and around the globe have required Soldiers to be deployed more frequently, for longer periods in high physically and mentally stressful operations. Additional resources and programs are required to increase ORARNG medical readiness. ORARNG leadership requires support to identify and quantify the magnitude and status of medical readiness across all ORARNG units in the State of Oregon. ORARNG leadership is working to improve medical readiness to support the Army National Guard's concept for transforming the Army National Guard (ARNG) from a "Cold War" strategic reserve to a full spectrum component of the operational force. The ORARNG intends to use organic assets and contract support to identify, quantify, track and resolve medical readiness issues within the command. ORARNG leadership has an initial goal to bring all units across the State to a 90% deployable strength status six months prior to mobilization.3. SCOPE The ORARNG will provide Brigade level commands with contract and organic support assets to conduct medical readiness operations and actions across the full medical readiness spectrum. The OR Medical Command will act as the staff agent for ORARNG Medical Readiness. The contracted support provided will assist with all pending and future medical actions required to determine the medical readiness of all units. Further actions require capture, definition, tracking and resolution of all pending medical issues for our Soldiers. These actions are critical to improve deployment readiness and provide the support our Soldiers and their families deserve for their actions and service to community, state and nation. The Behavioral Health Section (BHS) is the behavioral health infrastructure within the ORARNG. The BHS supports mental fitness and wellness for operational readiness by developing and maintaining systems for identifying and resolving Soldiers' behavioral health concerns and by providing clinical oversight and coordination for the behavioral health components of the psychological, family, social, spiritual, and emotional support programs available to service members and their families. The Behavioral Health Professional(s) (BHP) will serve a vital role in supporting the ORARNG mission in the context of pending large scale deployments and demobilizations. The BHP will provide skills crucial to identifying Soldiers with behavioral health concerns and assisting in determining the disposition of these Soldiers. The objectives are: 3.1 The BHP will support in expeditiously clearing Soldiers who are fit and erroneously identified as having Behavioral Health (BH) issues. 3.2 The BHP will help identify Soldiers with BH problems that teaten medical readiness and operational effectiveness and provide assistance toward the resolution of such problems. 3.3 The BHP will accelerate the processing of Soldiers who are no longer fit for duty tough appropriate medical and/or administrative separations. 3.4 Aside from upcoming deployments, the BHP will assist in building, sustaining, restoring, and enhancing the psychological well-being of the ORARNG community. The BHP will evaluate and monitor the mental status of ORARNG personnel in accordance with military regulations. The goal is to identify and provide for service members suffering from behavioral health related difficulties, as well as identify and monitor those considered "at-risk" for developing psychological problems in the future. When emotional and behavioral problems are identified, the BHP will be charged with understanding the nature of the problems, connecting the service member with available resources, and monitoring the service member's compliance to, progress in, and outcome of treatment. 4. TECHNICAL SPECIFICATIONS/TASKS TO BE PERFORMED The following services are required to successfully deliver the objectives. Services are to be performed in accordance with the highest professional standards and the following requirements: Behavioral Health Professional (BHP): 4.1 Evaluates and monitors the mental status of ORARNG personnel in accordance with military regulations, to include the AR 40-501. Performs initial assessment, determines provisional diagnosis, formulates appropriate treatment plan, and provides follow up evaluation. 4.2 Advises respective Brigade personnel on behavioral health issues; consults with and trains military commands and service professionals as needed. 4.3 Assists the ORARNG Director of Psychological Health (DPH) and Medical Readiness NCOs (MRNCOs) and Care Coordinators in identifying and providing for service members dealing with behavioral health related difficulties. 4.4 Assists the MRNCO in identifying and monitoring personnel "at risk" for developing psychological problems in the future. 4.5 Creates and maintains a database of providers for referrals, comprised of licensed and credentialed behavioral health professionals who demonstrate knowledge of military culture, assessment and treatment of the type of BH needs common to a service member (SM). 4.6 Connects identified service members with available resources, and monitors compliance, progress, and outcomes of any remediation. 4.7 Partners with and augments activities of the Service Member and Family Support Office (SMFS), Office of the Chaplain, Oregon Substance Abuse Program (OSAP), and other Guard entities and programs related to psychological well-being. 4.8 Collaborates with behavioral health personnel at all organizational levels, from brigade to unit level. 4.9 Assists in identifying problems and gaps in service in the current behavioral health delivery system, devising methods to improve and enhance the system. 4.10 Maintains a working knowledge and proficiency in linkage and referral to the array of resources available to ORARNG personnel. 4.11 Maintains Health Insurance Portability and Accountability Act of 1996 (HIPAA) standards and guidelines. 4.12 Enters clinical documentation and paperwork into the appropriate data system within 72 hours of service being rendered, including but not limited to MEDCHART, eProfile, Behavioral Health Data Portal (BHDP), and the DOD Case Management System (CMS). 4.13 Ensures all medical documentation received from the Soldier and/or their medical/BH providers is received and placed in appropriated electronic record, as well as the Soldier's hard copy record. Maintain Soldier medical records in accordance with Army Regulation (AR) 40-66. 4.14 Maintains a management reporting system to include database spreadsheets. Operates a personal (GFP) computer to input, store, retrieve, and manipulate data for various reports. Must be proficient in Microsoft Excel and Word. 4.15 Completes a variety of correspondence, reports, and other documents. Proofreads/edits correspondence and documents for correct grammar, spelling, capitalization, punctuation, and format, as well as errors that would lead the intended recipients to draw faulty conclusions. 4.16 Performs other responsibilities and tasks which meet the organizational needs of the medical branch. 5. EMPLOYMENT REQUIREMENTS AND NOTES 5.1 The Contractor is responsible for providing the credentialing service to document that personnel meet the standards directed by Army Regulation (AR) 40-68. Further, Contractors are required to provide proof of Professional Liability Insurance for all Medical Personnel supporting clinical requirements. Non-clinical personnel may be covered by the Contractor's General Liability Insurance Policy.The Behavioral Health Professional (BHP) must possess: 5.2.1 A master's degree in social work from a school of social work fully accredited by the Council on Social Work Education (CSWE) or master's degree in clinical mental health counseling from a graduate program fully accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP). 5.2.2 A valid license issued by the appropriate Oregon State licensing board (i.e. Oregon Board of Licensed Social Workers, Oregon Board of Licensed Professional Counselors & Therapists) or show documentation that the BHP is working towards completion of their supervised hours for licensure (2 year process). 5.2.3 An exception to licensure completion may be granted to an incumbent or applicant with prior experience with the ORARNG BH Section. 5.3 In order to successfully meet the performance objectives, the contract employee should possess the following knowledge/skills: 5.3.1 The BHP must have a minimum of two years of experience providing mental health services in a supervised setting. A range of experiences in terms of clientele and professional activities is preferred. 5.3.2 An understanding of available systems of care and experience collaborating with social service agencies to integrate resources, plan, and deliver comprehensive services, is considered essential. Assist in identifying problems and gaps in service in current behavioral health delivery system and devising methods to improve and enhance system. 5.3.3 Knowledge of military culture and issues (e.g., combat-related stress, family separation, reunion and reintegration) and experience intervening with military personnel is also preferred. 5.3.4 The BHP must have a developing expertise in conducting mental status evaluations. 5.3.5 Ability to make accurate assessments of service members' mental status under the direct supervision of the Senior Behavioral Health Officer. This assessment may be conducted with limited available collateral information and with service members who have a vested interest in appearing well. Thus, the BHP must be skilled enough to make sound clinical decisions in the context of diagnostic uncertainty. 5.3.6 Ability to make referrals to and link service members to appropriate resources. 5.3.7 Confidence to make affirmative recommendations based on the results of evaluations. The BHP must be willing and able to act on the results of evaluations. This will require substantial interpersonal confidence and comfort in a role that may seem adversarial to some service members. 5.3.8 Skill in establishing and maintaining effective working relationships with personnel at all levels. The objective is that the BHP be viewed as a resource and asset from the brigade to unit level. 5.3.9 Computer skills sufficient to create, maintain, and send reports. Effective verbal and written communication skills. 6. HOURS OF OPERATION Due to the scope and demand of work, the contractor must commit to a 20 hour work week in order to dedicate the appropriate amount of time needed to accomplish the job, although greater than 20 hours per week may be necessary. Typical work hours are 0800-1630 however some variation from a traditional work schedule (i.e. evenings and weekends) may be required in order to complete assigned tasks. Overtime, however, is not authorized. Dress code will be business casual. 7. PLACE AND PERFORMANCE OF SERVICE Contractor employees may be required to travel to execute any missions to support and augment the ORARNG consistent with all services described within the PWS as shown below. This may include support to service members in remote areas, mobilization events (SRPs, PHAs) and/or required program meetings/trainings. Travel to and from the primary worksite will not be reimbursed.7.1 LOCATION OF SERVICESLane County Armed Forces Reserve Center 3106 Pierce Parkway, Suite A, Springfield, Or 97477 Historically, this location has utilized one full time BHP to accomplish the designated tasks with performance taking place during the hours referenced in Section 6: Hours of Operation. It is the responsibility of the awardee to provide the adequate manpower to accomplish the tasks detailed in this Performance Work Statement. Bend Readiness Center 875 Simpson Ave, Bend, OR 97702 Historically, this location has utilized one half time BHP to accomplish the designated tasks with performance taking place during the hours referenced in Section 6: Hours of Operation. It is the responsibility of the awardee to provide the adequate manpower to accomplish the tasks detailed in this Performance Work Statement. La Grande Readiness Center 404 12th St, La Grande, OR 97850 Historically, this location has utilized one half time BHP to accomplish the designated tasks with performance taking place during the hours referenced in Section 6: Hours of Operation. It is the responsibility of the awardee to provide the adequate manpower to accomplish the tasks detailed in this Performance Work Statement. 8. TRAVEL There may be anticipated travel for this PWS. Contractor must be prepared to work in Oregon with periodic travel within assigned Oregon region. Contractor shall be required to comply with travel policies as outlined in the DoD Financial Management Regulation and the Joint Travel Regulation (JTR). Anticipated travel for this task order is 15 TDYs estimated at $500.00 for training and travel expenses associated with this position.9. GOVERNMENT FURNISHED FACILITIES AND EQUIPMENT/PROPERTY The equipment at, and facilities of, each professional office shall be provided by the Government in accordance with guidelines and standards of DoD, General Service Administration or other guidelines or standards applicable to the Federal organization for which services are provided. Each office shall be maintained as a professional environment that ensures the safety, privacy and confidentiality of all employees. The government shall provide adequate office space (in designated armory or facility) to include a workstation and chair, laptop computer, expendable supplies, and internet/intranet/Local Area Network (LAN) (and support). The Government will also provide the contractor access to a fax machine, copy machine, printer, mail service and postage. All Government furnished supplies and services shall be For Official Use Only (FOUO). The contractor shall assume both the responsibility and liability for loss or damage of equipment and/or facilities provided by the Government if the damage or loss is caused by other than normal operating usage or is attributable to negligence of the contractor. 11. PERIOD OF PERFORMANCE The period of performance shall be for a basic period of 12 months. The Period of Performance for this will be September 25th 2019 tough September 24th 2020. 12. OBSERVANCE OF FEDERAL HOLIDAYSGovernment holidays are as follows: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Cistmas Day 13. SECURITY 13.1 Use of Government Information Systems (IS) and access to Government networks is a revocable privilege, not a right. Users are the foundation of the DoD strategy and their actions affect the most vulnerable portion of the AEI. Contractor employees shall have a favorable background investigation and hold a security clearance and access approvals commensurate with the level of information processed or available on the system. Contractor employees shall: 13.1.1 Comply with the command's Acceptable Use Policy (AUP) for Government owned IS and sign an AUP prior to or upon account activation. 13.1.2 Complete initial and/or annual Information Assurance (IA) training as required by the ORARNG S6 SOP. 13.2 Access and General Protection/Security Policy and Procedures: Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DoD, Headquarters Department of the Army (HQDA) and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.13.3 AT Level 1 Awareness Training: All contractor employees, to include subcontractor employees, requiring access Active Component Army installations, facilities and controlled access areas shall complete AT Level I awareness training. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR and to the Contracting Officer within 30 calendar days after contract start date and within 15 calendar days of new employees commencing performance. AT Level I awareness training is available at the following website: http://jko.jten.mil.13.4 COMSEC/IT Security. All communications with DOD organizations are subject to communications security (COMSEC) review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, the Contractor is advised any time Contractor place or receive a call they are subject to COMSEC procedures. The Contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DOD information. The Contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings. 13.5 Use of Government Information Systems (IS): Access to Government networks is a revocable privilege, not a right. Users are the foundation of the DoD strategy and their actions affect the most vulnerable portion of the AEI. Contractor employees shall have a favorable background investigation or hold a security clearance and access approvals commensurate with the level of information processed or available on the system. Contractor employees shall: Comply with the command's Acceptable Use Policy (AUP) for Government owned IS and sign an AUP prior to or upon account activation. Complete initial and/or annual Information Assurance (IA) training as defined in the IA Best Business Practices (BBP) training (https://informationassurance.us.army.mil). Mark and safeguard files, output products, and storage media per classification level and disseminate them only to individuals authorized to receive them with a valid need to know. Protect IS and IS peripherals located in their respective areas in accordance with physical security and data protection requirements. Practice safe network and Internet operating principles and take no actions teatening the integrity of the system or network. 13.6 Protection of Personally Identifiable Information: The Contractor shall protect all Personally Identifiable Information (PII) encountered in the performance of services in accordance with DFARS 224.103 and DoDD 5400.11, Department of Defense Privacy Program, and DoD 5400.11-R. If a PII breach results from the Contractor's violation of the aforementioned policies, the Contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals who's PII has been compromised. 13.7 Common Access Card (CAC) Requirements: The Common Access Card (CAC) is the Department of Defense (DOD) Federal Personal Identity Verification (PIV) credential. In accordance with Directive Type Memorandum (DTM) 08-003, December 1, 2008, incorporating Change 5, October 8, 2013, Initial issuance of a CAC requires at a minimum, the completion of FBI fingerprint check with favorable results reflecting "No Record" and submission of a National Agency Check with Inquiries (NACI) to the Office of Personnel Management (OPM), or a DoD-determined equivalent investigation. The issuance of a CAC will be based on four criteria; (a) eligibility for a CAC; (b) verification of DoD affiliation from an authoritative data source; (c) completion of background vetting requirements according to the Federal Information Processing Standards Publication 201-1, Personal Identity Verification (PIV) of Federal Employees and Contractors, March 2006, and DOD Regulation 5200.2-R, Department of Defense Personnel Security Program, January 1987, and (d) verification of a claimed identity. CAC eligible personnel must be registered in the Defense Enrollment Eligibility Reporting System (DEERS) tough either an authoritative personnel data feed from the appropriate Service or Agency or Trusted Associate Sponsorship System (TASS). 13.8 HSPD-12 Background Investigation Requirements: The Contractor ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel assigned to work on the Government site and by personnel requiring access to a DoD network (and other eligible populations as specified in DTM-08-003 Attachment 3, paragraph 3a.) are required to, at a minimum, have received a favorable FBI fingerprint check and must have submitted to the Office of Personnel Management (OPM) a National Agency Check with Inquiries (NACI) or equivalent/higher investigation. It is the responsibility of the Contractor to ensure all employees requiring an initial background investigation complete a Personnel Security Investigation Portal (PSIP) form at attachment, at the earliest possible date and that this form is forwarded to the COR immediately. The COR will review the form for completeness and accuracy and forward to the NGB Personnel Security manager who will initiate the investigation process via the PSIP. Contractor personnel will then receive two e-mail messages; the first will confirm the request has been received by the Office of Personnel Management, and the second will provide instructions for the completion of the appropriate form via the Electronic Questionnaires for Investigations Processing (e-QIP) system. Upon completion of the e-QIP questionnaire and submittal of all required documents, including fingerprint card to the security manager, the BI will be initiated. The Contractor shall ensure all instructions regarding background investigation processing, including those provided verbally, by e-mail or via a Government system are complied with immediately. The Contractor is cautioned the entire process from submittal of the PSIP form to return of the FBI fingerprint check may routinely take from 2-6 weeks and shall factor this lead time into its hiring/placement process. The Contractor shall make all reasonable efforts to ensure Contractor employees meet CAC eligibility standards upon assignment to the contract and shall be held responsible for delays, failure to meet performance requirements or decreases in efficiency in accordance with the applicable inspection clause. 13.9 Trusted Associate Sponsorship System (TASS): The Contractor is responsible for processing applications for Common Access Cards (CAC) for every Contractor employee who deploys with the military force OR who has need to access any government computer network in accordance with FAR 52.204-9, "Personal Identity Verification of Contractor Personnel." The Contractor is responsible for managing requests for new or renewal CAC cards in sufficient time to ensure all Contractor employees have them when needed to perform work under this contract. The norm is at least ten calendar days advance notice to the Trusted Agent (TA), unless there are extenuating circumstances approved by the Contracting Officer's Representative (COR) or Contracting Officer. It is recommend a "Corporate Facility Security Officer" (FSO) be designated to serve as your firm's single point of contact for Background Investigation (BI), the TASS application process and other CAC and security related matters. If a FSO is not established, each Contractor employee requiring a CAC will be required to process their own applications. CAC applications shall be processed tough the TASS. The Contractor's FSO or Contractor employee shall submit requests for a CAC via email to the designated TASS Trusted Agent (TA) before accessing the TASS website. The TASS TA for this requirement will be: The government will establish a TASS application account for each CAC Request and will provide each Contractor employee a USER ID and Password, via email, to the FSO. The FSO or Contractor employee shall access the TASS account and complete the CAC application (entering/editing Contractor information as applicable) https://www.dmdc.osd.mil/tass/. 13.10 The FSO or Contractor employee will submit completed applications in TASS and will follow up to ensure the TA is processing the request. A CAC cannot be issued without evidence the FSO has initiated a National Agency Check with Written Inquires (NACI). The government will inform the Contractor's applicant, via email, of one of the following: Approved.* Upon approval, the information is transferred to the Defense Enrollment Eligibility Reporting System (DEERS) database and an email notification is sent to the Contractor with instructions on obtaining their CAC. The Contractor proceeds to a Real-Time Automated Personnel Identification System (RAPIDS) station (RAPIDS Site Locator: http://www.dmdc.osd.mil/rsl/). Rejected.* The Government, in separate correspondence, will provide reason(s) for rejection. Returned. Additional information or correction to the application required by the Contractor employee.* The Contractor shall maintain records of all approved and rejected applications. At the RAPIDS station, the RAPIDS Verification Officer will verify the Contractor by SSN and two forms of identification. Identity source Documents must come from the list of acceptable documents included in Form I-9, OMB No. 115-0136, "Employment Eligibility Verification." Consistent with applicable law, at least one document from the Form I-9 list shall be a valid (unexpired) State or Federal Government-issued picture identification (ID). The Identity documents will be inspected for authenticity and scanned and stored in the DEERS upon issuance of an ID. The photo ID requirement cannot be waived, consistent with applicable statutory requirements. The Verification Officer will capture primary and alternate fingerprints, picture, and updates to DEERS and will then issue a CAC. Issued CACs shall be for a period of performance not longer than tee (3) years or the individual's contract end date (inclusive of any options), whichever is earlier. The Contractor shall return issued CAC's to the COR/KO office upon departure or dismissal of each Contractor employee. 13.11 The Contractor shall obtain an Army Knowledge Online (AKO) email address for each applicant, including subcontractors, who may be deployed or require logical access to a government computer network. This can be done by going to: http://www.us.army.mil and register as an "Army Guest," with the sponsor being the COR or a COR designated individual if the COR is ineligible to Serve as an AKO Sponsor. Note: If an employee of a Contractor loses the Privilege to access AKO, they lose the ability to renew their CAC. Therefore it is critical Contractor employees maintain their AKO accounts. 13.12 Identification of Contractor Employees: Contractor employees will require badges to be worn at all times in the performance of this contract. All Contractor personnel attending meetings, answering Government telephones are required to identify themselves as contract employees to avoid creating an impression they are Government employees. The Contractor shall ensure all documents or reports produced by Contractor personnel are suitably marked as Contractor products or Contractor participation is appropriately disclosed. The Contractor's status as a "Contractor" shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities/ Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word "Contractor" displayed. The Contractor shall retrieve all identification media (including vehicle passes) from their employees who depart employment for any reason. All identification media (i.e., badges and vehicles passes) shall be returned to the COR/KO within 14 calendar days of an employee's departure. 13.13 Physical Security: The Contractor shall safeguard all Government property provided for Contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured. 14. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the Contracting Officer or Contract Specialist. The Contracting Officer (KO), Contract Specialist (KS), Contracting Officer's Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the contactor performance. 15. Contract Administration: The contactor shall provide a primary point of contact and alternate who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the Contractor when the individual is absent, shall be designated in writing to the COR/KO/KS. The individual or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The individual shall work with the COR, (or the KO if a COR is not assigned), to resolve issues, receive technical instructions, and ensure adequate performance of services. The individual(s) shall ensure Contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The individual(s) shall ensure Contractor employees understand services performed outside the scope of the contract are not permitted. 16. Quality Control: The Contractor shall provide a preliminary Quality Control Plan (QCP) with their proposal. The level of detail, management controls, and processes to ensure responsiveness to corrective actions will be used in evaluating potential Contractors. The QCP shall include a detailed discussion of the steps proposed to ensure quality, adherence to schedule, proactive communication and adherence to budget. The QCP shall include a description of corrective action steps to take should the Contractor performance be substandard. An organizational depiction of the project team and chain(s)-of-command shall also be included in the QCP. A comprehensive written QCP is to be delivered within 30 days after contract award. 17. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and Contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government's zero tolerance policy, the actions will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up to and including termination, against employees or subcontractors violate the US Government policy as described at FAR 22.17. 18. Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. 19. Organizational Conflicts of Interest (OCI): The Contractor and Sub-Contractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever it becomes aware such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor's mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI. 20. Training: The Government will provide training for eCase and MODS to the Contractor via VTC or on site with organic HSS assets for training. 21. Invoices: The contractor will invoice in WAWF on a monthly basis following award. The Government does not define the contractors pay schedule (weekly, bi-weekly, monthly), but does define that it be timely and consistent toughout the lifecycle of the contract. 22. Contractor Manpower Reporting Application (CMRA): a. The Contractor shall report ALL Contractor labor hours (including Sub-Contractor labor hours) required for performance of services provided under this contract for the ORARNG via a secure data collection site. b. The Contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 tough September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at http://www.ecmra.mil 23. Glossary: CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government designated by the KO to monitor Contractor performance. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as the direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. DEFECTIVE SERVICE. A service output which does not meet the standard of performance associated with the Performance Work Statement. DELIVERABLE.A deliverable is anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports. KEY PERSONNEL. Contractor personnel who may be required to be used in the performance of a contract as Key Personnel listed in the PWS. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property. QUALITY ASSURANCE. The government procedures to verify services being performed by the Contractor are performed according to acceptable standards. QUALITY ASSURANCE. SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance. QUALITY CONTROL. All necessary measures taken by the Contractor to assure the quality of an end product or service meets contract requirements. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have priority of contract with the subcontractor. WORK HOURS. The number of hours per day the Contractor provides services in accordance with the contract. WORK WEEK. Monday tough Friday, 40 hours per week. 24. Acronyms: AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation AT/OPSEC Antiterrorism/Operational SecurityAUP Authorized Use PolicyBHDP Behavioral Health Data PortalBHP Behavioral Health Professional BHS Behavioral Health SectionCAC Common Access CardCACREP Council for Accreditation of Counseling and Related Educational ProgramsCFR Code of Federal Regulations CMS Case Management SystemCONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf CSWE Council on Social Work EducationDA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense DPH Director of Psychological HealthFAR Federal Acquisition RegulationFOUO For Official Use onlyFPCON Force Protection ConditionGFP/M/E/S Government Furnished Property/Material/Equipment/ServicesGWOT Global War on Terrorism HIPAA Health Insurance Portability and Accountability ActHQDA Headquarters Department of the Army IA Information AssuranceIS Information System(s)JTR Joint Travel RegulationKO Contracting Officer LAN Local Area NetworkMRNCO Medical Readiness Non Commissioned OfficerNCO Non Commissioned officer OCI Organizational Conflict of Interest ODC Other Direct CostsORARNG Oregon Army National GuardOSAP Oregon Substance Abuse ProgramPHA Periodic Health Assessment PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SM Service MemberSMFS Service Member Family SupportSRP Soldier Readiness PhysicalTDY Temporary Duty TE Technical Exhibit TECHNICAL EXHIBIT 1Performance Requirements Summary PWS PAR-AG-APH TASK PERFORMANCE STANDARD ACCEPTABLE QUALITY LEVEL METHOD OF SURVEILLANCE/WHOM4.1, 4.3 The contractor shall provide behavioral health screening and referral services in person, telephonically or by email. Access clinically, and have no validated complaints during any month of performance per coordinator. Access to clinically screen SMs expect for holidays, and/or service interruptions. Validated customer complaint, or COR4.5, 4.12, 4.11, 4.13, The contractor shall provide clinical case management services. Enter all case notes in online databases notes within 72 hours of contact. Access to clinically screen SMs expect for holidays, and/or service interruptions. Validated customer complaint, or COR4.5, 4.7, 4.10 The contractor shall engage in wellness promotion focused activities events in order to facilitate the prevention and education of mental health issues, early intervention, crisis response, and post-intervention Attend all events as scheduled. Zero no-shows, notify the COR or DPH if not available 48 hours priorto event Validatedcustomer complaint, DPH or COR 4.2, 4.4, 4.8 The contractor shall provide clinical and non-clinical consultations to leaders/units IAW ORARNG DPH standards in order to foster quality care, mission readiness, and address behavioral health and wellness issues No validated complaints during any month. All non- compliant services corrected upon discovery. Validatedcustomer complaint, DPH or COR 4.3, 4.16 The contractor shall engage in two types of critical interventions, Crisis Response & Critical Incident Response Immediate response to any CIE upon notification according to approved plan. Immediate response to any CIE upon notification according to approved plan Validatedcustomer complaint, DPH or COR TECHNICAL EXHIBIT 2 Deliverables SchedulePWS Reference /Deliverable Title Frequency # ofCopies MediumOr Format SubmitTo Paragraph 13AUP/IA Training Certificates, register for AKO account. Provide within 15 calendar days after employee completes training. 1 Electronic Submission CORParagraph 5.1-5.2.2Contractor shall submit copies of each Key Personnel final candidate's resume, license/certification, and proof of professional liability insurance. Provide within 15 calendar days after employee starts POP. 1 Electronic Submission CORParagraph 13.7-13.11Contractor shall fully and promptly comply with requests by COR to obtain security clearance for personnel working under this contract. Submit application for security clearance and all TASS required tasks within one week of each request 1 Electronic Submission COR Provisions and ClausesIncorporated by Reference (IBR) FAR 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or StatementsFAR 52.204-7, Systems for Award Management.FAR 52.204-9 Personal Identity Verification of Contractor PersonnelFAR 52.204-10 Reporting Executive Compensation and Firs-Tier Subcontract AwardsFAR 52.204-13 System for Award Management MaintenanceFAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-22 Alternate Line Item ProposalFAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for DebarmentFAR 52.209-10 Prohibition on Contracting With Inverted Domestic CorporationsFAR 52.212-1, Instructions to Offerors-Commercial. advantageous to the government, lowest price of all item "all or none". FAR 52.212-3, Offerors Representation and Certifications Commercial Item or complete electronic annual representations and certifications via the System for Award Management (SAM).FAR 52.219-6, Notice of Total Small Business Set-Aside.FAR 52.219-28, Post Award Small Business Representation.FAR 52.222-3 Convict LaborFAR 52.222-21, Prohibition of Segregated Facilities.FAR 52.222-26, Equal Opportunity.FAR 52.222-41, Service Contract Labor StandardsFAR 52.222-50, Combating Trafficking in Persons.FAR 52.222-55, Minimum Wages Under Executive Order 13658.FAR 52.222-62 Paid Sick Leave Under Executive Order 13706FAR 52.223-5 Pollution Prevention and Right to Know Information. FAR 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving.FAR 52.225-13, Restrictions on Certain Foreign Purchases.FAR 52.232-18 Availability of Funds FAR 52.232-33, Payment by Electronic Funds Transfer--System for Award Management.FAR 52.232-40, Providing Accelerated Payment to Small Business SubcontractorsFAR 52.233-3, Protest after AwardFAR 52.233-4, Applicable Law for breach of Contract Claim.FAR 52.237-2, Protection of Government Buildings, Equipment and Vegetation.FAR 52.237-7, Indemnification and Medical liability Insurance. FAR 52.253-1, Computer Generated Forms (when contractor is required to submit data).DFARS 252.201-7000 Contracting Officer's Representative252.204-7011 Alternate Line Item StructureDFARS 252.222-7007 Representation Regarding Combating Trafficking in PersonsDFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights.DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials.DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls.DFARS 252.204-7012, Safeguarding Unclassified Controlled Technical Information. DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors DFARS 252.225-7002, Qualifying Country Sources as Subcontractors.DFARS 252.225-7031, Secondary Arab Boycott of Israel DFARS 252.232-7003, Electronic Submission of Payment Requests. DFARS 252.232-7010, Levies on Contract PaymentsDFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor PersonnelDFARS 252.244-7000 Subcontracts for Commercial ItemsDFARS 252.246-7000, Material Inspection and Receiving Report. Full Text (FT)52.212-4 -- Contract Terms and Conditions -- Commercial Items.As prescribed in 12.301(b)(3), insert the following clause:Contract Terms and Conditions -- Commercial Items (Jan 2017)(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --(1) Within a reasonable time after the defect was discovered or should have been discovered; and(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.(g) Invoice. (1) The Contractor shall submit an original invoice and tee copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --(i) Name and address of the Contractor;(ii) Invoice date and number;(iii) Contract number, line item number and, if applicable, the order number;(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;(vi) Terms of any discount for prompt payment offered;(vii) Name and address of official to whom payment is to be sent;(viii) Name, title, and phone number of person to notify in event of defective invoice; and(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.(x) Electronic funds transfer (EFT) banking information.(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.(i) Payment.(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);(B) Affected contract number and delivery order number, if applicable;(C) Affected line item or subline item, if applicable; and(D) Contractor point of contact.(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.(6) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.(v) Amounts shall be due at the earliest of the following dates:(A) The date fixed under this contract.(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-(A) The date on which the designated office receives payment from the Contractor;(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:(1) The schedule of supplies/services.(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.(3) The clause at 52.212-5.(4) Addenda to this solicitation or contract, including any license agreements for computer software.(5) Solicitation provisions if this is a solicitation.(6) Other paragraphs of this clause.(7) The Standard Form 1449.(8) Other documents, exhibits, and attachments.(9) The specification.(t) System for Award Management (SAM).(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and tough final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to:(A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR;(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed tough https://www.acquisition.gov.(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:(i) Any such clause is unenforceable against the Government.(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked 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.(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.(End of Clause)52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.As prescribed in 12.301(b)(4), insert the following clause: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) 52.203-19, 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, 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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (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]___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).___ (ii) Alternate I (Nov 2011).___ (iii) Alternate II (Nov 2011).___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).___ (ii) Alternate I (Oct 1995) of 52.219-7.___ (iii) Alternate II (Mar 2004) of 52.219-7.___ (16) 52.219-8, Utilization of Small Business Concerns (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.___ (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-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. 657f).___ (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)).___ (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).___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).___ (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).___ (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). (E. O. 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, DoD, GSA, 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 Television (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.___ (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. 13696).___ (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).___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).___ (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)).___ (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)___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).___ (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).___ (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).___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).___ (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 (Sep 2008) (31 U.S.C. 5112(p)(1)).(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition 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 (1) of FAR clause 52.222-17.(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).(vi) 52.222-26, Equal Opportunity (Sep 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) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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, DoD, GSA, 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)52.222-36 Equal Opportunity for Workers with Disabilities.As prescribed in 22.1408(a), insert the following clause:EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.(End of clause)52.222-42 -- Statement of Equivalent Rates for Federal Hires.As prescribed in 22.1006(b), insert the following clause:Statement of Equivalent Rates for Federal Hires (May 2014)In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.Employee Class Monetary Wage -- Fringe Benefits12012 - Certified Occupational Therapist GS 11 equivalent or $24.78 (End of Clause)FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Sep 2016) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).(v) 52.222-26, Equal Opportunity (Sep 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).X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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).(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.237-7 -- Indemnification and Medical Liability Insurance.As prescribed in 37.403, insert the following clause:Indemnification and Medical Liability Insurance (Jan 1997)(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: * $50,000.(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided.(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract. If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided to the Contracting Officer.(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under the new policy, or a combination of old and new policies.(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.(End of Clause)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): http://farsite.hill.af.mil/vffara.htm(End of Clause)52.252-6 -- Authorized Deviations in Clauses. (a) The use in this solicitation or contract of any Federal Acquisition Regulation FAR (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 DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.(End of Clause) 252.232-7006 Wide Area WorkFlow Payment Instructions.As prescribed in 232.7004(b), use the following clause:WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)(a) Definitions. As used in this clause-"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization."Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF)."Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system."Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.(b) Electronic invoicing. The WAWF system provides the method to electronicallyprocess vendor payment requests and receiving reports, as authorized by DefenseFederal Acquisition Regulation Supplement (DFARS) 252.232-7003, ElectronicSubmission of Payment Requests and Receiving Reports.(c) WAWF access. To access WAWF, the Contractor shall-(1) Have a designated electronic business point of contact in the System forAward Management at https://www.sam.gov; and(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests tough WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:(1) Document type. The Contractor shall submit payment requests using the following document type(s):(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.(ii) For fixed price line items-(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.____________________________________________________________(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.____________________________________________________________(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)(iii) For customary progress payments based on costs incurred, submit a progress payment request.(iv) For performance based payments, submit a performance based payment request.(v) For commercial item financing, submit a commercial item financing request.(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.](3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.Routing Data Table*Field Name in WAWF Data to be entered in WAWFPay Official DoDAAC Issue By DoDAAC Admin DoDAAC** Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.(g) WAWF point of contact.(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact._________________________________________________________________(Contracting Officer: Insert applicable information or "Not applicable.")(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.(End of clause) Wage Determination "REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-5566 Daniel W. Simms Division of | Revision No.: 8Director Wage Determinations| Date Of Last Revision: 07/30/2019 | Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2019. The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. State: Oregon Area: Oregon County of Deschutes **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 12000 - Health Occupations 12010 - Ambulance Driver 19.4712011 - Breath Alcohol Technician 21.8712012 - Certified Occupational Therapist Assistant 31.7612015 - Certified Physical Therapist Assistant 31.7612020 - Dental Assistant 22.7812025 - Dental Hygienist 42.6812030 - EKG Technician 35.0812035 - Electroneurodiagnostic Technologist 35.0812040 - Emergency Medical Technician 19.4712071 - Licensed Practical Nurse I 20.6912072 - Licensed Practical Nurse II 23.15 12073 - Licensed Practical Nurse III 25.8012100 - Medical Assistant 18.7212130 - Medical Laboratory Technician 21.4912160 - Medical Record Clerk 18.5512190 - Medical Record Technician 20.7612195 - Medical Transcriptionist 20.5312210 - Nuclear Medicine Technologist 50.8612221 - Nursing Assistant I 11.6512222 - Nursing Assistant II 13.1012223 - Nursing Assistant III 14.2912224 - Nursing Assistant IV 16.0412235 - Optical Dispenser 18.6512236 - Optical Technician 20.6912250 - Pharmacy Technician 20.1812280 - Phlebotomist 17.1012305 - Radiologic Technologist 31.4012311 - Registered Nurse I 24.8312312 - Registered Nurse II 30.3612313 - Registered Nurse II Specialist 30.3612314 - Registered Nurse III 45.2712315 - Registered Nurse III Anesthetist 45.2712316 - Registered Nurse IV 44.0412317 - Scheduler (Drug and Alcohol Testing) 28.2612320 - Substance Abuse Treatment Counselor 21.43 Note: Executive Order (EO) 13706 Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Service Contract Act for which the 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 employees with 1 hour of paid sick leave for every 30 hours they work up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness injury or other health-related needs including preventive care; to assist 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 for reasons resulting from or to assist a family member (or person who is like family to the employee) who is the victim of domestic violence sexual assault orstalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: Life accident and health insurance plans sick leave pension plans civic and personal leave severance pay and savings and tift plans.Minimum employer contributions costing an average of $4.54 per hour computed on the basis of all hours worked up to 40 hours per week by service employees employed on the contract.HEALTH & WELFARE EO 13706: Minimum employer contributions costing an average of $4. 22 per hour computed on the basis of all hours worked up to 40 hours per week by service employees employed on the covered contracts. **This rate is to be used only when compensating employees for performance on an SCA- covered contract also covered by EO 13706 Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor 3 weeks after 5 years and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor wherever employed and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day Martin Luther King Jr.'s Birthday Washington's Birthday Memorial Day Independence DayLabor Day Columbus Day Veterans' Day Thanksgiving Day and Cistmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 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 does not apply to any employee who individually qualifies as a bona fide executive administrative or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. For example if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.Additionally because job titles vary widely and change quickly in the computer industry job titles are not determinative of the application of the computer professional exemption. Therefore the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:(1) The application of systems analysis techniques and procedures including consulting with users to determine hardware software or system functional specifications;(2) The design development documentation analysis creation testing or modification of computer systems or programs including prototypes based on and related to user or system design specifications;(3) The design documentation testing creation or modification of computer programs related to machine operating systems; or(4) A combination of the aforementioned duties the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). ** HAZARDOUS PAY DIFFERENTIAL ** An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance explosives and incendiary materials. This includes work such as screening 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 sensitive ordnance explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with or in close proximity to ordnance (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands face or arms of the employee engaged in the operation irritation of the skin minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving unloading storage and hauling of ordnance explosive and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance explosives and incendiary material differential pay.** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract by the employer by the state or local law etc.) the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition where uniform cleaning and maintenance is made the responsibility of the employee all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount or the furnishing of contrary affirmative proof as to the actual cost) reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However in those instances where the uniforms furnished are made of ""wash and wear"" materials may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor by law or by the nature of the work there is no requirement that employees be reimbursed for uniform maintenance costs. ** 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 Standard Form 1444 (SF-1444) ** Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e. the work to be performed is not performed by any classification listed in the wage determination) be classified by the contractor so as to provide a reasonable relationship (i.e. appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior 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 final determination of conformed classification wage rate and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.The process for preparing a conformance request is as follows: 1) When preparing the bid the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).2) After contract award the contractor prepares a written report listing in order the proposed classification title(s) a Federal grade equivalency (FGE) for each proposed classification(s) job description(s) and rationale for proposed wage rate(s) including information regarding the agreement or disagreement of the authorized representative of the employees involved or where there is no authorized representative the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action together with the agency's recommendations and 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 or disapproves the action via transmittal to the agency contracting officer or notifies the contracting officer that additional time will be required to process the request.5) The contracting officer transmits the Wage and Hour Division's decision to the contractor.6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 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 of Occupations"" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember it is not the job title but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split combine or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1))." "REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-5569 Daniel W. Simms Division of | Revision No.: 8Director Wage Determinations| Date Of Last Revision: 07/30/2019 | Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2019. The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. State: Oregon Area: Oregon County of Lane **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 12000 - Health Occupations 12010 - Ambulance Driver 20.5512011 - Breath Alcohol Technician 21.4712012 - Certified Occupational Therapist Assistant 30.8012015 - Certified Physical Therapist Assistant 29.5212020 - Dental Assistant 19.6612025 - Dental Hygienist 39.5212030 - EKG Technician 36.3012035 - Electroneurodiagnostic Technologist 36.3012040 - Emergency Medical Technician 20.5512071 - Licensed Practical Nurse I 20.07 12073 - Licensed Practical Nurse III 25.0212100 - Medical Assistant 18.0112130 - Medical Laboratory Technician 20.2612160 - Medical Record Clerk 19.0612190 - Medical Record Technician 21.3312195 - Medical Transcriptionist 21.3712210 - Nuclear Medicine Technologist 49.3212221 - Nursing Assistant I 11.8412222 - Nursing Assistant II 13.3112223 - Nursing Assistant III 14.5212224 - Nursing Assistant IV 16.3012235 - Optical Dispenser 16.5812236 - Optical Technician 16.8512250 - Pharmacy Technician 19.8612280 - Phlebotomist 19.5012305 - Radiologic Technologist 34.1712311 - Registered Nurse I 24.5312312 - Registered Nurse II 30.0012313 - Registered Nurse II Specialist 30.0012314 - Registered Nurse III 45.2712315 - Registered Nurse III Anesthetist 45.2712316 - Registered Nurse IV 43.5012317 - Scheduler (Drug and Alcohol Testing) 27.8112320 - Substance Abuse Treatment Counselor 19.19Note: Executive Order (EO) 13706 Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Service Contract Act for which the 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 employees with 1 hour of paid sick leave for every 30 hours they work up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness injury or other health-related needs including preventive care; to assist 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 for reasons resulting from or to assist a family member (or person who is like family to the employee) who is the victim of domestic violence sexual assault orstalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $4.54 per hour up to 40 hours per week or $181.60 per week or $786.93 per month HEALTH & WELFARE EO 13706: $4.22 per hour up to 40 hours per week or $168.80 per week or $731.47 per month**This rate is to be used only when compensating employees for performance on an SCA- covered contract also covered by EO 13706 Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706. VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor 3 weeks after 5 years and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor wherever employed and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day Martin Luther King Jr.'s Birthday Washington's Birthday Memorial Day Independence DayLabor Day Columbus Day Veterans' Day Thanksgiving Day and Cistmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 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 does not apply to any employee who individually qualifies as a bona fide executive administrative or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. For example if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.Additionally because job titles vary widely and change quickly in the computer industry job titles are not determinative of the application of the computer professional exemption. Therefore the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures including consulting with users to determine hardware software or system functional specifications; (2) The design development documentation analysis creation testing or modification of computer systems or programs including prototypes based on and related to user or system design specifications; (3) The design documentation testing creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).** HAZARDOUS PAY DIFFERENTIAL ** An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance explosives and incendiary materials. This includes work such as screening 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 sensitive ordnance explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with or in close proximity to ordnance (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands face or arms of the employee engaged in the operation irritation of the skin minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving unloading storage and hauling of ordnance explosive and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance explosives and incendiary material differential pay.** UNIFORM ALLOWANCE **If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract by the employer by the state or local law etc.) the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition where uniform cleaning and maintenance is made the responsibility of the employee all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount or the furnishing of contrary affirmative proof as to the actual cost) reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However in those instances where the uniforms furnished are made of ""wash and wear"" materials may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor by law or by the nature of the work there is no requirement that employees be reimbursed for uniform maintenance costs.** 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 Standard Form 1444 (SF-1444) ** Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e. the work to be performed is not performed by any classification listed in the wage determination) be classified by the contractor so as to provide a reasonable relationship (i.e. appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior 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 final determination of conformed classification wage rate and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.The process for preparing a conformance request is as follows:1) When preparing the bid the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).2) After contract award the contractor prepares a written report listing in order the proposed classification title(s) a Federal grade equivalency (FGE) for each proposed classification(s) job description(s) and rationale for proposed wage rate(s) including information regarding the agreement or disagreement of the authorized representative of the employees involved or where there is no authorized representative the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.3) The contracting officer reviews the proposed action and promptly submits a report of the action together with the agency's recommendations and pertinent information including the position of the contractor and the employees to the 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 or disapproves the action via transmittal to the agency contracting officer or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour Division's decision to the contractor. 6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 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 of Occupations"" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember it is not the job title but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split combine or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1))." "REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-5589 Daniel W. Simms Division of | Revision No.: 11 Director Wage Determinations| Date Of Last Revision: 07/16/2019 | Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2019. The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. State: Oregon Area: Oregon Counties of Baker Grant Harney Malheur Morrow Umatilla Union Wallowa **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 12000 - Health Occupations 12010 - Ambulance Driver 18.5112011 - Breath Alcohol Technician 22.1212012 - Certified Occupational Therapist Assistant 30.3512015 - Certified Physical Therapist Assistant 29.3712020 - Dental Assistant 18.4412025 - Dental Hygienist 43.9212030 - EKG Technician 33.2612035 - Electroneurodiagnostic Technologist 33.2612040 - Emergency Medical Technician 18.5112071 - Licensed Practical Nurse I 19.77 12072 - Licensed Practical Nurse II 22.1212073 - Licensed Practical Nurse III 24.6512100 - Medical Assistant 16.4312130 - Medical Laboratory Technician 21.0412160 - Medical Record Clerk 18.6512190 - Medical Record Technician 20.8812195 - Medical Transcriptionist 19.7712210 - Nuclear Medicine Technologist 48.5912221 - Nursing Assistant I 11.0212222 - Nursing Assistant II 12.3812223 - Nursing Assistant III 13.5112224 - Nursing Assistant IV 15.1712235 - Optical Dispenser 17.3312236 - Optical Technician 19.7712250 - Pharmacy Technician 18.3212280 - Phlebotomist 16.8612305 - Radiologic Technologist 34.4012311 - Registered Nurse I 29.5112312 - Registered Nurse II 36.1012313 - Registered Nurse II Specialist 36.1012314 - Registered Nurse III 43.6812315 - Registered Nurse III Anesthetist 43.6812316 - Registered Nurse IV 52.3612317 - Scheduler (Drug and Alcohol Testing) 27.4012320 - Substance Abuse Treatment Counselor 19.93 Note: Executive Order (EO) 13706 Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Service Contract Act for which the 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 employees with 1 hour of paid sick leave for every 30 hours they work up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness injury or other health-related needs including preventive care; to assist 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 for reasons resulting from or to assist a family member (or person who is like family to the employee) who is the victim of domestic violence sexual assault orstalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $4.54 per hour up to 40 hours per week or $181.60 per week or $786.93 per month HEALTH & WELFARE EO 13706: $4.22 per hour up to 40 hours per week or $168.80 per week or $731.47 per month* *This rate is to be used only when compensating employees for performance on an SCA- covered contract also covered by EO 13706 Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706. VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years 4 weeks after 10 years and 5 weeks after 20 years.Length of service includes the whole span of continuous service with the present contractor or successor wherever employed and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day Martin Luther King Jr.'s Birthday Washington's Birthday Memorial Day Independence DayLabor Day Columbus Day Veterans' Day Thanksgiving Day and Cistmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 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 does not apply to any employee who individually qualifies as a bona fide executive administrative or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition because this wage determination may notlist a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. For example if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally because job titles vary widely and change quickly in the computer industry job titles are not determinative of the application of the computer professional exemption. Therefore the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures including consulting with users to determine hardware software or system functional specifications; (2) The design development documentation analysis creation testing or modification of computer systems or programs including prototypes based on and related to user or system design specifications; (3) The design documentation testing creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). ** HAZARDOUS PAY DIFFERENTIAL ** An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance explosives and incendiary materials. This includes work such as screening blending dying mixing and pressing of sensitive ordnance explosivesand 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-grading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with or in close proximity to ordnance (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands face or arms of the employee engaged in the operation irritation of the skin minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving unloading storage and hauling of ordnance explosive and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance explosives and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract by the employer by the state or local law etc.) the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition where uniform cleaning and maintenance is made the responsibility of the employee all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount or the furnishing of contrary affirmative proof as to the actual cost) reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However in those instances where the uniforms furnished are made of ""wash and wear"" materials may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning daily washing or commerciallaundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor by law or by the nature of the work there is no requirement that employees be reimbursed for uniform maintenance costs. ** 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 Standard Form 1444 (SF-1444) ** Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e. the work to be performed is not performed by any classification listed in the wage determination) be classified by the contractor so as to provide a reasonable relationship (i.e. appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior 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 final determination of conformed classification wage rate and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows:1) When preparing the bid the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).2) After contract award the contractor prepares a written report listing in order the proposed classification title(s) a Federal grade equivalency (FGE) for each proposed classification(s) job description(s) and rationale for proposed wage rate(s) including information regarding the agreement or disagreement of the authorized representative of the employees involved or where there is no authorized representative the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action together with the agency's recommendations and 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 or disapproves the action via transmittal to the agency contracting officer or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour Division's decision to the contractor. 6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 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 of Occupations"" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember it is not the job title but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split combine or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1))." This announcement is the solicitation which will result in a firm fixed-price contract. Point of Contact: Offerors can submit their proposal any time before the due date and time to: Spencer Winn at spencer.r.winn.civ@mail.mil ORNGMEDCOMBHOFY20 Department of the Army Oregon Army National Guard
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