1605DC-19-Q-00116.pdf
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
OPS
S4307 200 Constitution Ave, NW Office of Procurment Services US Department of Labor
WHD DC NAT SHIP 3 CODE 16. ADMINISTERED BYCODE
X
721110
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OROPS
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
1700 ES202-693-4576Jeremy Keator (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1605DC-19-Q-00116
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 19 1636-OAA-19-NAT-0047OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Washington DC 20210
TELEPHONE NO.
17a. CONTRACTOR/
WASHINGTON DC 20210
ATTN: MICHELE KING
WAGE AND HOUR DIVISION
200 CONSTITUTION AVE., N.W.
US DEPARTMENT OF LABOR
15. DELIVER TO
Washington DC 20210 S-4307 200 Constitution Ave, NW Office of Procurement Services
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$32.50
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
US Department of Labor
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
This solicitation is issued in accordance with FAR Parts 12 and 13. This requirement is for Firm-Fixed-Price services for the U.S. Department of Labor Wage and Hour Division. See the attached addendum for additional details.
Title: Conference Facilities, Audio Visual Equipment and Services, and On-Site Handling services for Prevailing Wage Seminar, Austin, TX June 18 – 20th, 2019.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
0001 Meeting Space
Product/Service Code: R499
0002 A/V Services
Product/Service Code: R499
0003 On-site Shipping & Handling Services
Product/Service Code: R499
Basis of Award:
Lowest Price - Technically Acceptable
Award will be made on a lowest price technically acceptable basis to a vendor who demonstrates ability to provide equipment and services as defined in the Statement of Work.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
19 2 of
1605DC-19-Q-00116
Statement of Work WHD Prevailing Wage Seminar – Austin, TX
ADDENDUM TO STANDARD FORM 1449
This addendum to the Standard Form (SF) 1449 provides for continuation of the schedule and description of the services to be acquired.
WHD Prevailing Wage Seminar – Austin, TX
SUPPLIES OR SERVICES/PRICES
The Contractor shall furnish all necessary, management, supervision, labor and equipment, except as may be otherwise specified herein, and shall plan, schedule, coordinate and assure effective performance of all services described herein.
This is a firm-fixed-price purchase order. The Government is not obligated to pay the Contractor any amount other than those contained herein. Pricing is inclusive of all estimated costs associated with completing the Government’s current requirements, which are contained in the Statement of Work, for the entire period of performance.
WHD Prevailing Wage Seminar – Austin, TX
B-1 PRICING TABLE
Contract Line Item Number
(CLIN)
Description Price
0001 Meeting Space (General Session, Breakout Rooms, Office Space) in accordance with Statement of Work Section 1.2.1 $_________
0002 Audio/Visual Equipment Services in accordance with Statement of Work Section 1.2.2 $_________
0003 On-Site Handling Services in accordance with Statement of Work Section 1.2.2 $_________
0004 Other Fees Description: Contractor must provide description of any additional fees. $_________
Total Price $_________
Note: The Federal Government is exempt from state and/or federal taxes. Please do not include taxes in the table above. A tax exemption certificate can be provided upon request following contract award.
WHD Prevailing Wage Seminar – Austin, TX
B-2 STATEMENT OF WORK
STATEMENT OF WORK
FOR
WAGE AND HOUR DIVISION
PREVAILING WAGE SEMINAR
Austin, TX June 18-20th, 2019
PART 1
GENERAL INFORMATION
1. GENERAL INFORMATION
The Wage and Hour Division (WHD) Prevailing Wage Seminars (Prevailing Wage Seminars) are three-day compliance trainings designed for regional stakeholders (unions, private contractors, state agencies, federal agencies and workers). The compliance training provided has proven to be an essential force multiplier for WHD’s enforcement efforts and stakeholder education.
Prevailing Wage Seminars are emblematic of WHD's enhanced commitment to prevailing wage enforcement. Seminars have significantly enhanced communication and collaboration with some of our most important stakeholders, such as the building trades labor organizations and contractors that have millions of dollars in government contracts. Our increased enforcement has also significantly elevated interest and attendance by state and federal contracting agencies.
Previous seminars have averaged more than 300 attendees from the city where the seminar is held and from surrounding states and further. Prevailing Wage Seminars have proven a valuable tool in promoting and enhancing WHD's government contracts strategic prevailing wage enforcement efforts.
In addition, Prevailing Wage Seminars are a mission critical component of WHD’s overall enforcement strategy. WHD believes that providing contractors and contracting agency staff with compliance assistance training prior to contract award significantly reduces unintentional errors and permits WHD to target its limited enforcement resources on the egregious violators.
1.1 OBJECTIVES
The WHD Office of Government Contracts requires a conference facility for our 3-day Prevailing Wage Seminar. WHD will require meeting space to accommodate up to two hundred and fifty (250) participants in one large general session room on the first part of the first day of the seminar, and then medium-size rooms for breakout sessions the remainder of the seminar.
WHD Prevailing Wage Seminar – Austin, TX
Although the seminar is three days (June18-20, 2019), WHD requires that the host have space for set-up, tear-down, and storage from June 14-June 20 (See Section 1.2, Scope).
1.2 SCOPE
The scope of this purchase will encompass the reservation of meeting rooms, audio-visual equipment, and associated miscellaneous services. Sleeping rooms are neither requested nor required.
1.2.1 Meeting Room Requirements
General Session Room (first official day of seminar; morning to approximately noon) Numbers required: 1 Dates required: June 17-19, 2019 (June 17th is required for set-up) o Large meeting space, approximately 3,000 square feet o Must be spacious and able to accommodate up to 250 attendees seated theater style o Room must be ready for A/V set up o Space requires at least one large projection screen; two if size of room requires for clarity o Wireless internet provided
Break-out Session Rooms Number required: 4 Dates required: June 17-20, 2019 (June 17th is required for set-up) o Medium meeting space, approximately 800 – 1,500 square feet o Should be able to accommodate up to 60 people per room seated classroom style with rectangular instructor table at front of room able to seat two people at least, and podium o Rooms must be ready for A/V set up
Office Suite/Storage Room Number required: 1 Dates required: June 14-20, 2019 (note that this is the only room required before the actual setup day (June 17, 2019) because boxed seminar material will be mailed and delivered for use on the setup day).
o Small meeting space, approximately 400 – 800 square feet o Three to five tables placed in room and have space for storage of seminar boxes
Registration Space Dates required: June 17-20, 2019 (June 17th is required for set-up) Small/Medium open space, approximately 500-1,000 square feet o Five to seven tables required depending on size of tables and layout of area/Four chairs o At least two power outlets are required for this area
WHD Prevailing Wage Seminar – Austin, TX
1.2.2 Audio-Visual Requirements and Miscellaneous Services
GENERAL SESSION
Projection Screen (at least one; two if size of room and clarity requires), AV cart(s), & PC audio patch [customer will bring own LCD projector and laptops] o Quantity: 1 o Dates Required: 6/17/2019, 6/18/2019
Podium & American flag o Quantity: 1 o Dates Required: 6/17/2019, 6/18/2019
Handheld (Wireless) Mic for General Session o Quantity: 2 o Dates Required: 6/17/2019, 6/18/2019
Lavaliere Mic for General Session o Quantity: 1 o Dates Required: 6/17/2019, 6/18/2019
PC audio patch into house audio system for General Session o Dates Required: 6/17/2019, 6/18/2019
Handling Service for Receiving Seminar Boxes (majority approximately 50lbs) o Dates Required: 6/14/2019 – 6/20/2019 (majority of boxes will be received between
6/14/2019 and 6/17/2019)
Handling Service for Shipping Boxes (majority of boxes approximately 50lbs) o Quantity: approximately 50 o Dates Required: 6/20/2019 – 6/21/2019
BREAKOUT SESSIONS
Projection Screen, AV cart (HDMI to HDMI cabling), podium, easel (flipchart), easel paper, and audio patch [customer will bring own LCD projector and laptops] o Quantity: 4 o Dates Required: 6/17/2019 through 6/20/2019
PC audio patch into house audio system for Break-out Sessions o Dates Required: 6/17/2019 through 6/20/2019
WHD Prevailing Wage Seminar – Austin, TX
Lavaliere Mic o Quantity: 1 per break out room with capacity over 50 people o Dates Required: 6/17/2019 through 6/20/2019
1.3 PERIOD OF PERFORMANCE
The primary period of performance shall be 6/18/2019-6/20/2019. Storage room/area for seminar material delivered before setup, 6/14/2019, and may be used through 6/21/2019.
1.4 PLACE OF PERFORMANCE
The work to be performed under this contract will be performed at the contractor’s location in the following area:
Within a 10 mile radius of the Downtown light rail station, 209 E 4th St, Austin, TX 78701
1.5 TYPE OF CONTRACT
The government anticipates award of a Fixed Price Purchase Order.
1.5.1 SUBMISSION OF QUOTE
Award will be made to the offeror that represents the best value to the Government. To be considered, the offeror must:
Meet the requirements of the Statement of Work and have a current collective bargained agreement with the venue’s workforce.
Indicate in proposal if subcontractors are used for AV services Indicate in proposal if subcontractors are used for freight handling services
1.6. SECURITY
The Contractor will be responsible for ensuring compliance by its employees with the security regulations of Contractor facilities where work is performed under this Contract.
1.6.1 PRIVACY
Contractor shall take all necessary steps to protect the privacy of DOL employees and Conference attendees. Portions of information disclosed during the performance of this task are protected by the provisions of the Privacy Act of 1974; therefore, contractor should take necessary precautions to prevent disclosure of sensitive individual private information.
1.6.2 COMMITMENT TO PROTECT SENSITIVE INFORMATION
WHD Prevailing Wage Seminar – Austin, TX
The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)
1.6.3 CONTRACTING OFFICER REPRESENTATIVE
The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
PART 2
DEFINITIONS & ACRONYMS
CO - Contracting Officer
COR - Contracting Officer’s Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor
DEFECTIVE SERVICE - A service output that does not meet the standard of performance associated with it in the Statement of Work.
DOL - Department of Labor
OASAM - Office of the Assistant Secretary for Administration and Management
OMB - Office of Management and Budget
PIV - Personal Identity Verification
POP - Period of Performance
SOW - Statement of Work
WHD Prevailing Wage Seminar – Austin, TX
PART 3
GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
3. GOVERNMENT FURNISHED ITEMS AND SERVICES
The Government shall provide LCD projectors, laptops, surge protectors and other assorted supplies and instructional materials.
3.1 LOGISTICS POINT OF CONTACT
Upon award of this purchase order, WHD will provide a knowledgeable Point of Contact from the Government Contracts Branch who will work with the designated Event Manager from the conference facility to take care of all the logistical details of the event.
PART 4
CONTRACTOR FURNISHED ITEMS AND SERVICES
Meeting space Meeting space furniture including but not limited to tables, chairs, linens, etc.
o Podium(s) o American flag
All AV equipment and services such as o LCD service package (Carts & screens) o Lavaliere & hand held mic o PC audio patch
PART 5
SPECIFIC TASKS
5. TASKS
5.1.1 Ensure that guests with disabilities are properly accommodated under the requirements of the American with Disabilities Act.
5.1.2 Ensure facilities are clean.
5.1.3 Ensure all meeting space and corresponding furniture, AV equipment, and services are provided as outlined in the SOW.
5.1.4 Provide a designated Event Manager to serve as the main Point of Contact for the conference facility. This Event Manager must maintain open and clear lines of communication with the WHD Government Contracts Branch Point of Contact.
WHD Prevailing Wage Seminar – Austin, TX
FAR Clauses Incorporated by Full Text
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2019)
(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, 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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
X (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] ___ (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
WHD Prevailing Wage Seminar – Austin, TX
___ (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.
657f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) (i) 52.222-26, Equal Opportunity (Sep 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.
X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 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).
X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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) (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 Television (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.
X (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).
WHD Prevailing Wage Seminar – Austin, TX
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (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).
X (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)).
X (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, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (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) (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).
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(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 (Jan 2019) (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, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (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) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).
(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).
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(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)
52.217-8 Option to Extend Services
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of the expiration date of the contract.
(End of clause)
Department of Labor Clauses
DOLAR 2952.201-70 - CONTRACTING OFFICER'S REPRESENTATIVE (COR) CLAUSE
(a) A Contracting Officer's Representative (COR) will be delegated upon award. A copy of the delegation memorandum will be provided to the COR and a delegation letter sent to the vendor.
(b) The COR is responsible, as applicable, for receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.
(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.
(End Clause)
DOL 2012-02 - CONTRACTOR'S OBLIGATION TO NOTIFY THE CONTRACTING OFFICER OF A
REQUEST TO CHANGE THE CONTRACT SCOPE (CONTRACTOR'S OBLIGATION CLAUSE
(a) Except for changes identified in writing and signed by the Contracting Officer, the Contractor is required to notify, within five working days of receipt or knowledge, any request for changes to this contract (including actions, inactions, and written or oral communications) that the Contractor regards as exceeding the scope of the contract. On the basis of the most accurate information available to the Contractor, the notice shall state:
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(1) The date, nature, and circumstances of the conduct regarded as a change in scope;
(2) The name, function, and activity of each Government individual and Contractor official or employee involved in, or knowledgeable about, such conduct;
(3) The identification of any documents and substance of any oral communication involved in such conduct;
(b) Following submission of this notice, the Contractor shall continue performance in accordance with the contract terms and conditions, unless notified otherwise by the Contracting Officer.
(c) The Contracting Officer shall promptly, within 5 business days after receipt of notice from the Contractor, respond to the notice in writing. In responding, the Contracting Officer shall either:
(1) Confirm that the Contractor’s notice identifies a change in the scope of the contract and directs the Contractor to stop work, completely or in part, in accordance with the Stop Work provisions of the contract;
(2) Deny that the Contractor’s notice identifies a change in scope and instruct the Contractor to continue performance under the contract; or
(3) In the event the Contractor’s notice does not provide sufficient information to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.
(End of clause)
DOL 2014-01 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE (FEBRUARY 2014)
INVOICING PROCEDURES:
An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to:
DOL-NO-WH@quickpay.dol.gov
(a) Definitions. As used in this clause-
(1) Contract financing payment has the meaning given in FAR 32.001.
(2) Invoice payment has the meaning given in FAR 32.001.
(3) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic Payment Requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this clause, and therefore no additional electronic invoice submission is required.
(c) Data Transmission. A contractor must ensure that the data transmission method and format comply with the following provisions:
(1) The contractor shall:
a. Address the invoice to the appropriate e-mail address specified in the contract.
mailto:DOL-NO-WH@quickpay.dol.gov
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b. Submit the invoice via attachment in PDF or TIFF format.
c. Submit only one invoice per electronic submittal.
d. Enter specific information in the subject line of the e-mail in the following format:
Contractor Name, DOL Agency, Contract Number, BPA Call or Order Number, Invoice Number, Invoice Amount Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00.
e. Submit a copy of the email with the attached invoice to the contracting officer's representative (COR) at the COR email address specified in the contract.
f. Before sending another e-mail with the same invoice attachment, confirm whether DOL has already responded and/or whether you have received a success or failure response to your submission.
(2) The contractor MUST NOT:
a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages). However, if the invoice exceed this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address.
b. Submit an invoice that is heavy in shading or color.
1. An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.
2. An emailed TIFF image must be black and white.
c. Submit more than one attachment, as subsequent attachments will not be recognized.
d. Submit more than one invoice in a single attachment.
e. Attempt to use the "Recall or Resend" email message feature.
(d) General Information. Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices.
Inquiries regarding invoices should be e-mailed to DCASinvoiceinquiry@dol.gov, (202) 693-6810.
The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state "INQUIRY," followed by the information described in paragraph (1) d. above.
Example: INQUIRY: Contractor Name, DOL Agency, Contract Number, BPA Call or Order Number, Invoice Number, Invoice Amount Do NOT use the electronic invoicing e-mail address for inquiries about the invoice.
(e) Invoice Requirements. Invoices shall comply with FAR 32.905.
(f) Exceptions. Paper invoices should only be faxed or mailed through U.S. mail when electronic mail cannot be accomplished.
When invoices must be faxed due to e-mail size limitations, fax them to: 202-693-4451, Attn: Lena Lee
When paper invoices must be mailed due to e-mail size limitations, mail them to the following address:
U.S. Department of Labor Office of Financial Management Operations Room S-5526 mailto:DCASinvoiceinquiry@dol.gov
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Attn: DCAS 200 Constitution Avenue, N.W Washington, DC 20210
(End of clause)
DOL Class Deviation 2015-0002 (52.203-9 Clause)—PROHIBITION ON CONTRACTING WITH ENTITIES
THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (MAR
2015)
a. The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
b. The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
c. The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
d. (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.
(End of clause)
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