Solicitation_copier_support.docx

1267T019Q0033

PART I – THE SCHEDULE

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1. DESCRIPTION

SECTION D - - PACKAGING AND MARKETING

{No Clauses in this section.}

SECTION E - - INSPECTION AND ACCEPTANCE

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This contract incorporates one of 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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-4 Inspection of Services – Fixed-Price (Aug 1996)

SECTION F – DELIVERIES OR PERFORMANCE

FAR52.252-2, 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): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 FCR CHAPTER 1) CLAUSES

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from Notice to Proceed through December 31, 2023. This period included the base year plus 4 option years.

SECTION G – CONTRACT ADMINISTRATIVE DATA

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of the contract award. The conference will be held at a mutually agreed upon location.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SAFETY PLAN

(a) The Contractor shall provide a copy of their safety plan at the pre-work meeting.

(b) The Safety Plan should be available to all employees and subcontractors working on the contract.

(c) The Safety Plan should cover at a minimum:

i. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract.

ii. Personal Protective Equipment required for the work under the contract.

iii. Appropriate OSHA requirements for the type of work under the contract.

iv. Weather considerations for the time of year of the contract.

v. Communication issues and locations of the nearest medical facilities to the job site.

vi. Emergency numbers to contact if an accident happens.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

FAR52.252-2, 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):

52.215-8 Order of Precedence-Uniform Contract Format. (OCT 1997) Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

1. (a) The Schedule (excluding the specifications).

2. (b) Representations and other instructions.

3. (c) Contract clauses.

4. (d) Other documents, exhibits, and attachments.

5. (e) The specifications.

52.212-4 Contract Terms and Conditions-Commercial Items. (OCT 2018)

ADDENDUM TO FAR 52.212-4

This contract incorporates one of 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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-7 System for Award Management (OCT 2018) 52-204-19 Incorporated by Reference of Representations and Certifications (DEC 2014) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015) 52.209-10 Prohibition of Contracting with Inverted Domestic Corporations (NOV 2015) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.217-5 Evaluation of Options. (JUL 1990) 52.223-2 Affirmative Procurement of Bio based Products Under Service and Construction Contracts. (SEP 2013) 52.223-6 Drug-Free Workplace. (MAY 2001) 52.232-18 Availability of Funds. (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) 52.217-8 Option to Extend Services. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 Option to Extend the Term of the Contract. (MAR 2000) As prescribed in 17.208(g), insert a clause substantially the same as the following:

Option to Extend the Term of the Contract (Mar 2000)

1. (a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

2. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

3. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

52.232-19 Availability of Funds for the Next Fiscal Year. (APR 1984) Funds are not presently available for performance under this contract. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 12/31/2019, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.246-20 Warranty of Services. (MAY 2001)

1. (a) Definition.“Acceptance,” as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

2. (b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30days from the date of acceptance by the Government,”; within 1000 hours of use by the Government;” or other specified event whose occurrence will terminate the period of notice, or combination of any applicable events or period of time. This notice shall state either-

a. (1) That the Contractor shall correct or re-perform any defective or nonconforming services; or

b. (2) That the Government does not require correction or re-performance.

3. (c) If the Contractor is required to correct or re-perform, it shall be at no cost to the Government, and any services corrected or re-performed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or re-perform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

4. (d) If the Government does not require correction or re-performance, the Contracting Officer shall make an equitable adjustment in the contract price.

52.252-6 Authorized Deviations in Clauses.

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) 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 48CFR CHAPTER 1 Clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause) AGAR 452.237-75 Restrictions against Disclosure (FEB 1988) 452.237-74 Key Personnel.

(a) The Contractor shall assign to this contract the following key personnel: Supervisor

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause) FAR 52.212-4 CONTRACT TERMS AND CONDITIONS (Oct 2018)

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 (OCT 2018)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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 (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) 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. 657 f).

XX (22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

(29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

(ii) Alternate I (JULY 2014) of 52.222-35.

(30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(ii) Alternate I (JULY 2014) of 52.222-36.

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (38)(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.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

XX (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(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.

__ (48) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 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).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (60)(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.

__ (iii) Alternate II (FEB 2006) 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, Non-displacement of Qualified Workers (May 2014)(E.O. 13495).

XX (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (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) (Aug 2018) (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).

__ (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).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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).

(xxi) 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.

(xxii) 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)

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

WD 15-5367 (Rev.-10) was first posted on www.wdol.gov on 01/01/2019

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-5367

Daniel W. Simms Division of | Revision No.: 10

Director Wage Determinations| Date Of Revision: 12/26/2018

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: South Dakota

Area: South Dakota Counties of Custer, Meade, Pennington

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations

01011 - Accounting Clerk I 12.84

01012 - Accounting Clerk II 14.41

01013 - Accounting Clerk III 16.12

01020 - Administrative Assistant 18.83

01035 - Court Reporter 15.49

01041 - Customer Service Representative I 10.43

01042 - Customer Service Representative II 11.73

01043 - Customer Service Representative III 12.80

01051 - Data Entry Operator I 11.17

01052 - Data Entry Operator II 12.19

01060 - Dispatcher, Motor Vehicle 14.11

01070 - Document Preparation Clerk 12.19

01090 - Duplicating Machine Operator 12.19

01111 - General Clerk I 11.95

01112 - General Clerk II 13.04

01113 - General Clerk III 14.65

01120 - Housing Referral Assistant 17.07

01141 - Messenger Courier 9.93

01191 - Order Clerk I 12.05

01192 - Order Clerk II 13.15

01261 - Personnel Assistant (Employment) I 14.60

01262 - Personnel Assistant (Employment) II 16.49

01263 - Personnel Assistant (Employment) III 19.04

01270 - Production Control Clerk 18.84

01290 - Rental Clerk 11.48

01300 - Scheduler, Maintenance 13.68

01311 - Secretary I 13.68

01312 - Secretary II 15.31

01313 - Secretary III 17.07

01320 - Service Order Dispatcher 13.03

01410 - Supply Technician 18.83

01420 - Survey Worker 15.13

01460 - Switchboard Operator/Receptionist 12.19

01531 - Travel Clerk I 11.47

01532 - Travel Clerk II 12.17

01533 - Travel Clerk III 12.87

01611 - Word Processor I 12.19

01612 - Word Processor II 13.68

01613 - Word Processor III 15.31

05000 - Automotive Service Occupations

05005 - Automobile Body Repairer, Fiberglass 19.34

05010 - Automotive Electrician 17.02

05040 - Automotive Glass Installer 15.92

05070 - Automotive Worker 15.92

05110 - Mobile Equipment Servicer 14.01

05130 - Motor Equipment Metal Mechanic 18.09

05160 - Motor Equipment Metal Worker 15.92

05190 - Motor Vehicle Mechanic 18.09

05220 - Motor Vehicle Mechanic Helper 13.22

05250 - Motor Vehicle Upholstery Worker 14.84

05280 - Motor Vehicle Wrecker 15.92

05310 - Painter, Automotive 17.02

05340 - Radiator Repair Specialist 15.92

05370 - Tire Repairer 13.87

05400 - Transmission Repair Specialist 18.09

07000 - Food Preparation And Service Occupations

07010 - Baker 11.61

07041 - Cook I 12.30

07042 - Cook II 14.25

07070 - Dishwasher 9.71

07130 - Food Service Worker 9.97

07210 - Meat Cutter 14.33

07260 - Waiter/Waitress 9.41

09000 - Furniture Maintenance And Repair Occupations

09010 - Electrostatic Spray Painter 21.61

09040 - Furniture Handler 13.26

09080 - Furniture Refinisher 21.61

09090 - Furniture Refinisher Helper 16.05

09110 - Furniture Repairer, Minor 18.84

09130 - Upholsterer 20.19

11000 - General Services And Support Occupations

11030 - Cleaner, Vehicles 10.37

11060 - Elevator Operator 11.58

11090 - Gardener 15.52

11122 - Housekeeping Aide 11.58

11150 - Janitor 11.58

11210 - Laborer, Grounds Maintenance 11.79

11240 - Maid or Houseman 10.08

11260 - Pruner 10.56

11270 - Tractor Operator 14.27

11330 - Trail Maintenance Worker 11.79

11360 - Window Cleaner 12.67

12000 - Health Occupations

12010 - Ambulance Driver 15.77

12011 - Breath Alcohol Technician 15.77

12012 - Certified Occupational Therapist Assistant 22.59

12015 - Certified Physical Therapist Assistant 22.37

12020 - Dental Assistant 16.54

12025 - Dental Hygienist 31.40

12030 - EKG Technician 24.95

12035 - Electroneurodiagnostic Technologist 24.95

12040 - Emergency Medical Technician 15.77

12071 - Licensed Practical Nurse I 14.72

12072 - Licensed Practical Nurse II 16.47

12073 - Licensed Practical Nurse III 8.36

12100 - Medical Assistant 13.92

12130 - Medical Laboratory Technician 19.28

12160 - Medical Record Clerk 16.27

12190 - Medical Record Technician 18.20

12195 - Medical Transcriptionist 16.34

12210 - Nuclear Medicine Technologist 36.18

12221 - Nursing Assistant I 10.71

12222 - Nursing Assistant II 12.05

12223 - Nursing Assistant III 13.14

12224 - Nursing Assistant IV 14.75

12235 - Optical Dispenser 13.80

12236 - Optical Technician 14.72

12250 - Pharmacy Technician 16.63

12280 - Phlebotomist 14.75

12305 - Radiologic Technologist 25.51

12311 - Registered Nurse I 23.27

12312 - Registered Nurse II 28.46

12313 - Registered Nurse II, Specialist 28.46

12314 - Registered Nurse III 34.44

12315 - Registered Nurse III, Anesthetist 34.44

12316 - Registered Nurse IV 41.28

12317 - Scheduler (Drug and Alcohol Testing) 19.54

12320 - Substance Abuse Treatment Counselor 20.82

13000 - Information And Arts Occupations

13011 - Exhibits Specialist I 14.22

13012 - Exhibits Specialist II 17.61

13013 - Exhibits Specialist III 21.54

13041 - Illustrator I 14.22

13042 - Illustrator II 17.61

13043 - Illustrator III 21.54

13047 - Librarian 19.51

13050 - Library Aide/Clerk 11.33

13054 - Library Information Technology Systems 17.61

Administrator

13058 - Library Technician 14.34

13061 - Media Specialist I 13.02

13062 - Media Specialist II 14.56

13063 - Media Specialist III 16.24

13071 - Photographer I 13.60

13072 - Photographer II 15.22

13073 - Photographer III 18.85

13074 - Photographer IV 23.05

13075 - Photographer V 27.89

13090 - Technical Order Library Clerk 14.22

13110 - Video Teleconference Technician 12.78

14000 - Information Technology Occupations

14041 - Computer Operator I 11.60

14042 - Computer Operator II 12.97

14043 - Computer Operator III 15.41

14044 - Computer Operator IV 16.16

14045 - Computer Operator V 20.32

14071 - Computer Programmer I 19.24

14072 - Computer Programmer II 23.83

14073 - Computer Programmer III (see 1)

14074 - Computer Programmer IV (see 1)

14101 - Computer Systems Analyst I (see 1)

14102 - Computer Systems Analyst II (see 1)

14103 - Computer Systems Analyst III (see 1)

14150 - Peripheral Equipment Operator 11.60

14160 - Personal Computer Support Technician 24.25

14170 - System Support Specialist 21.89

15000 - Instructional Occupations

15010 - Aircrew Training Devices Instructor (Non-Rated) 29.28

15020 - Aircrew Training Devices Instructor (Rated) 33.61

15030 - Air Crew Training Devices Instructor (Pilot) 40.44

15050 - Computer Based Training Specialist / Instructor 29.28

15060 - Educational Technologist 28.66

15070 - Flight Instructor (Pilot) 40.44

15080 - Graphic Artist 17.93

15085 - Maintenance Test Pilot, Fixed, Jet/Prop 38.85

15086 - Maintenance Test Pilot, Rotary Wing 38.85

15088 - Non-Maintenance Test/Co-Pilot 38.85

15090 - Technical Instructor 19.10

15095 - Technical Instructor/Course Developer 22.94

15110 - Test Proctor 15.13

15120 - Tutor 15.13

16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations

16010 - Assembler 9.74

16030 - Counter Attendant 9.74

16040 - Dry Cleaner 11.12

16070 - Finisher, Flatwork, Machine 9.74

16090 - Presser, Hand 9.74

16110 - Presser, Machine, Drycleaning 9.74

16130 - Presser, Machine, Shirts 9.74

16160 - Presser, Machine, Wearing Apparel, Laundry 9.74

16190 - Sewing Machine Operator 11.72

16220 - Tailor 12.33

16250 - Washer, Machine 10.20

19000 - Machine Tool Operation And Repair Occupations

19010 - Machine-Tool Operator (Tool Room) 21.21

19040 - Tool And Die Maker 26.85

21000 - Materials Handling And Packing Occupations

21020 - Forklift Operator 15.38

21030 - Material Coordinator 18.84

21040 - Material Expediter 18.84

21050 - Material Handling Laborer 11.70

21071 - Order Filler 11.35

21080 - Production Line Worker (Food Processing) 15.38

21110 - Shipping Packer 15.26

21130 - Shipping/Receiving Clerk 15.26

21140 - Store Worker I 11.54

21150 - Stock Clerk 16.04

21210 - Tools And Parts Attendant 15.38

21410 - Warehouse Specialist 15.38

23000 - Mechanics And Maintenance And Repair Occupations

23010 - Aerospace Structural Welder 30.01

23019 - Aircraft Logs and Records Technician 22.83

23021 - Aircraft Mechanic I 27.83

23022 - Aircraft Mechanic II 30.01

23023 - Aircraft Mechanic III 31.41

23040 - Aircraft Mechanic Helper 19.75

23050 - Aircraft, Painter 24.41

23060 - Aircraft Servicer 22.83

23070 - Aircraft Survival Flight Equipment Technician 24.41

23080 - Aircraft Worker 24.49

23091 - Aircrew Life Support Equipment (ALSE) Mechanic I 24.49

23092 - Aircrew Life Support Equipment (ALSE) Mechanic II 27.83

23110 - Appliance Mechanic 20.16

23120 - Bicycle Repairer 13.79

23125 - Cable Splicer 32.69

23130 - Carpenter, Maintenance 16.63

23140 - Carpet Layer 20.22

23160 - Electrician, Maintenance 22.94

23181 - Electronics Technician Maintenance I 22.93

23182 - Electronics Technician Maintenance II 24.52

23183 - Electronics Technician Maintenance III 26.06

23260 - Fabric Worker 18.84

23290 - Fire Alarm System Mechanic 19.40

23310 - Fire Extinguisher Repairer 17.45

23311 - Fuel Distribution System Mechanic 25.60

23312 - Fuel Distribution System Operator 20.00

23370 - General Maintenance Worker 17.36

23380 - Ground Support Equipment Mechanic 27.83

23381 - Ground Support Equipment Servicer 22.83

23382 - Ground Support Equipment Worker 24.49

23391 - Gunsmith I 17.45

23392 - Gunsmith II 20.22

23393 - Gunsmith III 22.97

23410 - Heating, Ventilation And Air-Conditioning 19.72

Mechanic

23411 - Heating, Ventilation And Air Contidioning 20.94

Mechanic (Research Facility)

23430 - Heavy Equipment Mechanic 22.90

23440 - Heavy Equipment Operator 20.51

23460 - Instrument Mechanic 22.97

23465 - Laboratory/Shelter Mechanic 21.61

23470 - Laborer 11.70

23510 - Locksmith 21.61

23530 - Machinery Maintenance Mechanic 22.23

23550 - Machinist, Maintenance 18.69

23580 - Maintenance Trades Helper 16.05

23591 - Metrology Technician I 22.97

23592 - Metrology Technician II 24.39

23593 - Metrology Technician III 25.82

23640 - Millwright 22.97

23710 - Office Appliance Repairer 17.41

23760 - Painter, Maintenance 16.89

23790 - Pipefitter, Maintenance 23.08

23810 - Plumber, Maintenance 21.43

23820 - Pneudraulic Systems Mechanic 22.97

23850 - Rigger 22.97

23870 - Scale Mechanic 20.22

23890 - Sheet-Metal Worker, Maintenance 17.00

23910 - Small Engine Mechanic 17.25

23931 - Telecommunications Mechanic I 25.94

23932 - Telecommunications Mechanic II 27.55

23950 - Telephone Lineman 22.45

23960 - Welder, Combination, Maintenance 17.81

23965 - Well Driller 22.97

23970 - Woodcraft Worker 22.97

23980 - Woodworker 17.45

24000 - Personal Needs Occupations

24550 - Case Manager 11.25

24570 - Child Care Attendant 9.70

24580 - Child Care Center Clerk 12.39

24610 - Chore Aide 11.14

24620 - Family Readiness And Support Services 11.25

Coordinator

24630 - Homemaker 15.00

25000 - Plant And System Operations Occupations

25010 - Boiler Tender 22.97

25040 - Sewage Plant Operator 18.96

25070 - Stationary Engineer 22.97

25190 - Ventilation Equipment Tender 16.05

25210 - Water Treatment Plant Operator 18.96

27000 - Protective Service Occupations

27004 - Alarm Monitor 18.84

27007 - Baggage Inspector 12.87

27008 - Corrections Officer 19.95

27010 - Court Security Officer 19.14

27030 - Detection Dog Handler 15.23

27040 - Detention Officer 19.95

27070 - Firefighter 19.21

27101 - Guard I 12.87

27102 - Guard II 15.23

27131 - Police Officer I 20.77

27132 - Police Officer II 23.08

28000 - Recreation Occupations

28041 - Carnival Equipment Operator 12.95

28042 - Carnival Equipment Repairer 14.08

28043 - Carnival Worker 9.67

28210 - Gate Attendant/Gate Tender 17.26

28310 - Lifeguard 13.72

28350 - Park Attendant (Aide) 19.32

28510 - Recreation Aide/Health Facility Attendant 14.10

28515 - Recreation Specialist 21.41

28630 - Sports Official 15.38

28690 - Swimming Pool Operator 17.67

29000 - Stevedoring/Longshoremen Occupational Services

29010 - Blocker And Bracer 20.22

29020 - Hatch Tender 20.22

29030 - Line Handler 20.22

29041 - Stevedore I 18.84

29042 - Stevedore II 21.61

30000 - Technical Occupations

30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 38.15

30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 26.30

30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.97

30021 - Archeological Technician I 15.45

30022 - Archeological Technician II 17.29

30023 - Archeological Technician III 21.42

30030 - Cartographic Technician 21.42

30040 - Civil Engineering Technician 21.08

30051 - Cryogenic Technician I 23.72

30052 - Cryogenic Technician II 26.20

30061 - Drafter/CAD Operator I 15.45

30062 - Drafter/CAD Operator II 17.29

30063 - Drafter/CAD Operator III 19.27

30064 - Drafter/CAD Operator IV 23.72

30081 - Engineering Technician I 13.77

30082 - Engineering Technician II 15.45

30083 - Engineering Technician III 17.29

30084 - Engineering Technician IV 21.42

30085 - Engineering Technician V 26.19

30086 - Engineering Technician VI 31.69

30090 - Environmental Technician 20.86

30095 - Evidence Control Specialist 21.42

30210 - Laboratory Technician 19.27

30221 - Latent Fingerprint Technician I 23.72

30222 - Latent Fingerprint Technician II 26.20

30240 - Mathematical Technician 21.42

30361 - Paralegal/Legal Assistant I 18.97

30362 - Paralegal/Legal Assistant II 23.50

30363 - Paralegal/Legal Assistant III 28.74

30364 - Paralegal/Legal Assistant IV 34.77

30375 - Petroleum Supply Specialist 26.19

30390 - Photo-Optics Technician 21.42

30395 - Radiation Control Technician 26.19

30461 - Technical Writer I 21.42

30462 - Technical Writer II 26.19

30463 - Technical Writer III 31.69

30491 - Unexploded Ordnance (UXO) Technician I 24.24

30492 - Unexploded Ordnance (UXO) Technician II 29.33

30493 - Unexploded Ordnance (UXO) Technician III 35.16

30494 - Unexploded (UXO) Safety Escort 24.24

30495 - Unexploded (UXO) Sweep Personnel 24.24

30501 - Weather Forecaster I 23.72

30502 - Weather Forecaster II 28.85

30620 - Weather Observer, Combined Upper Air Or (see 2) 19.27

Surface Programs

30621 - Weather Observer, Senior (see 2) 21.42

31000 - Transportation/Mobile Equipment Operation Occupations

31010 - Airplane Pilot 29.33

31020 - Bus Aide 10.64

31030 - Bus Driver 15.11

31043 - Driver Courier 13.16

31260 - Parking and Lot Attendant 11.98

31290 - Shuttle Bus Driver 14.97

31310 - Taxi Driver 11.67

31361 - Truckdriver, Light 14.97

31362 - Truckdriver, Medium 15.98

31363 - Truckdriver, Heavy 20.32

31364 - Truckdriver, Tractor-Trailer 20.32

99000 - Miscellaneous Occupations

99020 - Cabin Safety Specialist 14.30

99030 - Cashier 10.09

99050 - Desk Clerk 10.46

99095 - Embalmer 24.34

99130 - Flight Follower 24.24

99251 - Laboratory Animal Caretaker I 13.13

99252 - Laboratory Animal Caretaker II 14.07

99260 - Marketing Analyst 24.70

99310 - Mortician 24.34

99410 - Pest Controller 20.67

99510 - Photofinishing Worker 12.74

99710 - Recycling Laborer 14.19

99711 - Recycling Specialist 17.08

99730 - Refuse Collector 12.81

99810 - Sales Clerk 11.04

99820 - School Crossing Guard 13.03

99830 - Survey Party Chief 19.11

99831 - Surveying Aide 12.30

99832 - Surveying Technician 16.00

99840 - Vending Machine Attendant 17.08

99841 - Vending Machine Repairer 20.49

99842 - Vending Machine Repairer Helper 15.60

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, or stalking. 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: $4.48 per hour or $179.20 per week or $776.53 per month

HEALTH & WELFARE EO 13706: $4.18 per hour, or $167.20 per week, or $724.53 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 10 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. (See 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther

King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 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…