Amendment_7.pdf

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. Name and Title of Signer (Type or Print) 16A. Name and title of Contracting Officer (Type or Print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States of America

(Signature of Contracting Officer)

16C. Date Signed

(Signature of person authorized to sign)

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITIONS UNUSABLE Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. Contract ID Code Page of Pages

1 62

2. Amendment/Modification No. 3. Effective Date 4. Requisition/Purchase Req. No. 5. Project No. (if applicable)

AMENDMENT 0007 August 24, 2016 TBD

6. Issued By Code 7. Administered By (If other than Item 6) Code SEE BLOCK 6 Indian Health Service - DES 701 Fifth Avenue, Suite 1600 MS/24 Seattle, WA 98104

8. Name and Address of Contractor (No., Street, County, and Zip Code) (X) 9A. Amendment of Solicitation No.

X

16-102-SOL-00005

9B. Date (See Item 11)

July 28, 2016 10A. Modification of Contract/Order No.

10B. Date (See Item 13)

Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended X is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG-

MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT

IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting and Appropriation Data (if required)

1. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(x) A. This change order is issued pursuant to: (Specify authority) The changes set forth in item 14 are made in the Contract Order No. in item 10A.

B. The above numbered Contract/Order is modified to reflect the administrative changes (such as changes in paying office, appropriation date, etc.)

Set fourth item 14, pursuant to the authority of FAR 43.103 (b)

C. This supplemental agreement is entered into pursuant to authority of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. Description of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

SUMMARY OF CHANGES:

The purpose of this amendment is to:

1. Answer pre-proposal inquiries;

2. Add tips for compliance with SF-1413 for information purposes;

3. Add Radiation Shielding Design Diagnostic/Fluoroscopic Room; and

4. Delete specifications/drawings and replace with new specifications/drawings.

(END SUMMARY OF CHANGES)

16-102-SOL-00005, Amendment 0007

1. Responses to PPI:

Question No. 56

Electrical Drawing

QUESTION: Note G on the First Electrical Drawing Identifies back boxes and conduit only. Which usually implies the cabling is going direct and not part of the GC’s scope. The special systems’ Drawings only discusses the nurse call and states the nurse call needs to match the existing. Yet we don’t know what that product is.

Is Jeron an acceptable Nurse call system?

Answer: Manufacturer brand and specification for IT Access Control Badge Reader, HUGS System, Nurse Call System, Overhead Speakers, Panic Buttons (wireless)…etc.

will be selected at a later date by GIMC IT Dept. and installed by GIMC IT Dept and/or IT contractor. The construction contract must include installation of cable trays, date/voice outlets, termination of cables at IT Closets and outlets. The construction contract must include the wall support and other construction support components in preparation to install Access Control Badge Readers, HUGS System, Nurse Call System, and Overhead Speakers….etc. by GIMC IT Dept. and/or IT Contractor down the road once construction has been completed.

Question No. 57

Cabling

QUESTION: In division 27, section 271000, Systimax is clearly specified ads the only approved brand for the CAT 6 Cabling & Connectivity products, however no specifications or guidelines are given for fiber optic cable & Connectivity products.

Is there a brand specification for the fiber on this project?

Answer:

A. Fiber optic cable (6 strand plenum rated 50 μm multi-mode fiber optic cable)

1. 50 um 10 Gigabit Ethernet Multi-mode (0M3)

a. Panduit Opti-Core

b. Commscope

c. Essex

2. Fiber Optic Innerduct (Orange)

a. AMP

b. Carlon

c. Pyramid B. Fiber Optic Termination (terminate all fiber optic cables utilizing contractor furnished and installed SC type connectors inside contractor furnished and installed fiber optic enclosures. The Contractor shall furnish and install fiber optic distribution shelves with all panels, covers, connectors, couplings and blanks)

1. Panduit

2. Leviton

3. Uniprise

Question No. 58

Lead Lining

QUESTION: Where are the lead-lined items listed in Section 134900, parg 1.2.A to be installed? The room finish schedule does not call for any lead-lined gyp board.

The door finish schedule does not indicate any doors to be Lead-lined. No Lead-lined observation window frames are spelled out in the plans

Answer: Wall walls Radiology side shall be lead lined (refer wall type ‘D’, Sheet A001) Doors 1E255A & 1E256A shall be lead lined per door schedule (refer drawing A602) Provide a single 2’x3’ lead lined observation window & frame.

Question No. 59

Exterior Framing and Sheathing and Lead Liner Requirements

QUESTION: Details D4/301 and C5/301 list 6” 20ga studs at the exterior wall.

Is this correct? The details also do not list exterior sheathing, in the spec book both plywood and glass matt sheathing are called for on the wall sheathing. Is there exterior sheathing on these walls? If so what is it? What is the thickness of lead backing on the gypsum board for room 1E245?

Answer: Details are correct. Metal wall system does not require sheathing. EIFS shall be the glass mat sheathing. Refer to the Lead Lining Design report

2. The attached Standard Form (SF) 1413 Statement and Acknowledgement Compliance Tips document is hereby included with this amendment for informational purposes.

3. The attached Radiation Shielding Design Diagnostic/Fluoroscopic Room document is hereby incorporated into the solicitation/contract.

4. The below solicitation/contract documents are hereby deleted and replaced with the new attached documents as follows:

Delete the entire specification section 264100 - LIGHTNING PROTECTION SYSTEMS and replace it with the attached specification section. Master Label requirement changed to UL Letter of Findings.

Delete the entire specification section 271000 - COMMUNICATIONS CABLE AND EQUIPMENT and replace it with the attached specification section. Fiber Optic cabling added and paragraph number changed.

Delete Sheet A001 and replace it with attached sheet.

Delete Sheet A111 and replace it with attached sheet.

Delete Sheet A121 and replace it with attached sheet.

Delete Sheet A122 and replace it with attached sheet.

Delete Sheet A123 and replace it with attached sheet.

Delete Sheet A602 and replace it with attached sheet.

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Standard Form (SF) 1413 Statement and Acknowledgement Compliance Tips

Posted on July 1, 2014 by Carl Gouaux

Reply

Overview

On 30 August 2013 I wrote an article describing submission requirements and compliance considerations for SF 1413s. Since that time I have assisted a number of clients completing SF 1413s (for all tiers) and the post has had over a 1000 views, so I thought it is time to provide several additional tips. As I mentioned in August, the SF 1413 is used by all executive agencies for all applicable subcontractors at all tiers to acknowledge they are aware of the required clauses stipulated in Federal Acquisition Regulation (FAR) 52.222-

11. Unfortunately there is very little published guidance available to assist contractors in completing the form. The good news is it isn’t a complex form and with a few helpful tips the process can be more easily understood.

Compliance Tips

In the example below “Prime Contractor, Inc.” is the prime contractor, “1st Tier Subcontractor” is a first tier subcontractor, and “XYZ Plumbing” is a second tier contractor under “1st Tier Subcontractor”. As this example progresses, I will highlight how lower tier subs are added to the process.

1. The Prime Contractor always goes in block 4 and executes blocks 10a through

12. The subcontractor, regardless of tier, signing and acknowledging intent to comply https://cwgassociatesllc.wordpress.com/tag/department-of-labor/ https://cwgassociatesllc.wordpress.com/2014/07/01/standard-form-sf-1413-statement-and-acknowledgement-compliance-tips/ https://cwgassociatesllc.wordpress.com/2014/07/01/standard-form-sf-1413-statement-and-acknowledgement-compliance-tips/ https://cwgassociatesllc.wordpress.com/2014/07/01/standard-form-sf-1413-statement-and-acknowledgement-compliance-tips/ https://cwgassociatesllc.wordpress.com/author/carlgouaux/ https://cwgassociatesllc.wordpress.com/2014/07/01/standard-form-sf-1413-statement-and-acknowledgement-compliance-tips/#respond http://goo.gl/BUzD3n with the listed clauses “Part II – Acknowledgement of Subcontractor” goes in block 5.

2. The firm awarding the work to the Subcontractor in block 5 is listed in 7.a. – “Name of

Awarding Firm”. At this point in the process it is “Prime Contractor, Inc.

3. Any lower tier subcontractors are added in block 14:

4. Lower tier subcontractors listed in block 14 must complete a SF 1413 Statement and

Acknowledgement form. It is with the lower tier subcontractors I see the most mistakes made. The prime contractor remains listed in block 4, however the new lower tier subcontractor, XYZ Plumbing, is now list in block 5. The subcontractor (1st https://cwgassociatesllc.files.wordpress.com/2014/07/sf-1413_example_1st-tier-sub-part-i-graphic.jpg https://cwgassociatesllc.files.wordpress.com/2014/07/sf-1413_example_1st-tier-sub-part-ii-graphic1.jpg

Tier Subcontractor) awarding the contract to XYZ Plumbing is listed in block 7a:

5. XYZ Plumbing completes blocks 15 – 17 and forwards the prime contractor to complete the process and submit to the contracting officer. According to regulation, the SF 1413s are required to completed within 14 days of subcontract award.

Resources:

Several state level contracting offices, such as Arizona or Wisconsin, have published guidance on completing the form for their contracts. In addition, the USACE Sacrmento District and the Fort Worth have published some guidance, but both documents are 12 and 14 years old, respectively.

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Posted in Federal Compliance, Labor Laws, Uncategorized | Tagged 52.222-11, Construction Laborer, Construction Subcontracting, construction workers, Davis-Bacon, Department of Labor, Federal Contracting, Federal Contracts, Federal Subcontracting, General Laborer, Government subcontracting, labor laws, SF 1413, Statement and Acknowledgement, Subcontract Award, Subcontract Labor Standards | Leave a reply

Certified Payroll Compliance Tips

Posted on June 25, 2014 by Carl Gouaux

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After a short break my next two articles will address certified payroll requirements and the

SF-1413 – Statement and Acknowledgement form. Both have been areas of focus recently and the timing appears right to share my thoughts with the Federal contracting community at large. This post will address three issues with certified payroll:

1. When to start the submissions

2. How to address gaps or breaks when work is not performed on site

3. When to stop submissions

Overview

When prescribed in a contract (per FAR 22.407(a) the Payrolls and Basic Records clause is required in solicitations and contracts in excess of $2,000 for construction within the United States), Federal contractors are required to comply with Federal Acquisition Regulations (FAR) 52.222-8 – Payrolls and Basic Records. This contract clause contains several requirements, but the essence of the clause as it relates to this post, stipulates that contractors accomplish the following:

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1. The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. Paragraph 52.222-8(b) provides direction for the submission requirements.

2. The records must be maintained for a period of three (3) years for all laborers and mechanics’ work at the site of work.

Beyond the guidance included in the FAR and provided by the Department of Labor Wage and Hour Division (WHD), specific instructions or procedures on how to address gaps in certified payroll submissions and when to stop collecting certified payroll the regulations are silent. The rules simply state what is contained in the bullet #1 above. In light of this, I advise clients, if they have not already done so, to develop a corporate policy and corresponding procedures for staff, project teams, and subcontractors to follow.

Policy and Procedures Recommendations (Underlined / Bold)

Current Federal Acquisition Regulations and Department of Labor instructions offer only general guidelines instructing contractors and subcontractors (all tiers) to submit certified payroll and a statement of compliance on Davis-Bacon and Davis-Bacon Related Acts covered contracts for the preceding work week. This creates some ambiguity of how to address breaks in work by some subcontractors and when reporting is no longer required.

To provide standardized procedures for certified payroll we have issued the following guidance. The intent is to provide a clear process to augment existing guidance. Please refer to the instructions provided to our subcontractors for the submission of certified payroll:

1. Submit reports and statement of compliance in a timely manner for all tiers. The initial report and all subsequent reports are due the week following when work was performed on site.

2. Submit “no work” performed reports for breaks in work if a sub has a short term break (for example less than three to four weeks) on the project.

3. Submit a memo or letter stating “no work” to be performed for long term breaks (greater than four weeks) on this project.

4. When a subcontractor or subsequent sub tier subcontractor is complete with their assigned work on the project, further reports are NOT required. The last report will be marked as “final” to communicate their departure from the project site. If they are called back then reporting would be required.

References:

Federal Acquisition Regulations http://www.dol.gov/whd/ http://www.dol.gov/whd/

Department of Labor Wage and Hour Division

Department of Labor Field Operations Handbook – Chapter 15

Naval Facilities Engineering Command Davis-Bacon Contractors Guide (20070815)

Department of Housing and Urban Development – Making Davis-Bacon Work (June 2006)

Posted in Federal Compliance, Labor Laws, Uncategorized | Tagged 52.222-8, Construction Laborer, Construction Subcontracting, construction workers, Contract Work Hours and Safety Standards Act, Davis-Bacon, Department of Labor, Federal Contracting, Federal Contracts, Federal Subcontracting, Government subcontracting, NAVFAC, Payrolls and Basic Records, Statement and Acknowledgement, Subcontract Labor Standards | Leave a reply

Standard Form (SF) 1413 Statement and Acknowledgement Form – Compliance and Reporting Tips

Posted on August 30, 2013 by Carl Gouaux

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Overview

The SF 1413 is used by all executive agencies, including the Department of Defense and it fulfills several purposes in federal contracting. First, it is used by the prime contractor to identify and report all applicable subcontracts (all tiers) awarded under the prime contract.

Second, it identifies specific scopes of work the subcontractors will be performing, subcontract award date, and subcontract number. Third, it provides formal notification to the applicable subcontractors of the labor laws and associated clauses they are responsible for complying with. Since the form provides formal notification it is acknowledged by both parties and becomes a part of the contract.

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Submission Requirements

The requirement for completing and submitting the SF 1413 is stipulated by Federal Acquisition Regulation (FAR) 52.222-11. The clause states that contractors and subcontractors (all tiers) performing on a Federal contract involving construction in excess of $2,000 are required to submit a fully executed SF 1413 Statement and Acknowledgement within 14 days of award of each subcontract to the Contracting Officer. In addition, the clause states the prime contractor is responsible for compliance by any subcontractor (all tiers) performing construction (within the United States) with the following contract clauses as listed in 52.222-11(b):

1. Davis Bacon Act (52.222-6);

2. Contract Work Hours and Safety Standards Act— Overtime Compensation (if the clause is included) (52.222-4);

3. Apprentices and Trainees (52.222-9);

4. Payrolls and Basic Records (52.222-8);

5. Compliance with Copeland Act Requirements (52.222-10);

6. Withholding of Funds (52.222-7);

7. Subcontracts (Labor Standards) (52.222-11);

8. Contract Termination—Debarment (52.222-12);

9. Disputes Concerning Labor Standards (52.222-14);

10. Compliance with Davis-Bacon and Related Act Regulations (52.222-13); and

11. Certification of Eligibility (52.222-15)

Compliance Considerations

1. Frequently I get questions such as “I am only providing painting or final cleaning services, why do I need to comply?” Good question, and FAR 52.222-11 provides further clarification on additional scopes of work included along with other construction trades. Without repeating the entire definition, the following bullets highlight the main elements included:

A. Construction, alteration, or repair B. Remodeling and installation (items installed on site) C. Painting and decorating

2. On larger more complex projects it is important for the project staff, or personnel responsible for compliance, to establish a well-defined process for distributing, collecting, and tracking completed forms for two main reasons:

A. The 14 day timeframe doesn’t allow much time to complete and route the form for signature and submission; and

B. The volume of forms required for multiple tiers may quickly overwhelm normal tracking methodologies used on small projects resulting in wasted time spent double checking the completion status.

3. Other than the applicable FAR clauses there is not a significant amount of information readily available to provide guidance on completing the form should one have questions. Although dated, several USACE districts (Corps of Engineers) have some helpful information posted on their sites. In addition, several state level contracting offices, such as Arizona or Wisconsin, have published guidance on completing the form for their contracts. However, I recommend caution as some information available on government websites for download is quite old and not helpful. For example, the Secretary of Air Force Acquisition website has a version of the SF 1413 posted from 1992. Therefore it is important to do a little research beyond the first hit on Google.

Posted in Federal Compliance, Labor Laws, Uncategorized | Tagged 52.222-10, 52.222-11, 52.222-12, 52.222-13, 52.222-14, 52.222-15, 52.222-4, 52.222-7, 52.222-8, 52.222-9, Apprentices and Trainees, Certification of Eligibility, Compliance with Davis-Bacon and

Related Act Regulations, Construction Subcontracting, Contract Work Hours and Safety

Standards Act, Davis-Bacon, Department of Labor, Disputes Concerning Labor Standards, Federal Contracting, Federal Subcontracting, Government subcontracting, Payrolls and

Basic Records, SF 1413, Statement and Acknowledgement, Subcontract Award, Subcontract Labor Standards, USACE | Leave a reply http://ww3.safaq.hq.af.mil/shared/media/document/AFD-080711-010.pdf https://cwgassociatesllc.wordpress.com/category/federal-compliance/ https://cwgassociatesllc.wordpress.com/category/federal-compliance/labor-laws-federal-compliance/ https://cwgassociatesllc.wordpress.com/category/uncategorized/ https://cwgassociatesllc.wordpress.com/tag/52-222-10/ https://cwgassociatesllc.wordpress.com/tag/52-222-11/ https://cwgassociatesllc.wordpress.com/tag/52-222-12/ https://cwgassociatesllc.wordpress.com/tag/52-222-13/ https://cwgassociatesllc.wordpress.com/tag/52-222-14/ https://cwgassociatesllc.wordpress.com/tag/52-222-15/ https://cwgassociatesllc.wordpress.com/tag/52-222-4/ https://cwgassociatesllc.wordpress.com/tag/52-222-7/ https://cwgassociatesllc.wordpress.com/tag/52-222-8/ https://cwgassociatesllc.wordpress.com/tag/52-222-9/ https://cwgassociatesllc.wordpress.com/tag/apprentices-and-trainees/ https://cwgassociatesllc.wordpress.com/tag/certification-of-eligibility/ https://cwgassociatesllc.wordpress.com/tag/compliance-with-davis-bacon-and-related-act-regulations/ https://cwgassociatesllc.wordpress.com/tag/compliance-with-davis-bacon-and-related-act-regulations/ https://cwgassociatesllc.wordpress.com/tag/construction-subcontracting/ https://cwgassociatesllc.wordpress.com/tag/contract-work-hours-and-safety-standards-act/ https://cwgassociatesllc.wordpress.com/tag/contract-work-hours-and-safety-standards-act/ https://cwgassociatesllc.wordpress.com/tag/davis-bacon/ https://cwgassociatesllc.wordpress.com/tag/department-of-labor/ https://cwgassociatesllc.wordpress.com/tag/disputes-concerning-labor-standards/ https://cwgassociatesllc.wordpress.com/tag/federal-contracting/ https://cwgassociatesllc.wordpress.com/tag/federal-subcontracting/ https://cwgassociatesllc.wordpress.com/tag/government-subcontracting/ https://cwgassociatesllc.wordpress.com/tag/payrolls-and-basic-records/ https://cwgassociatesllc.wordpress.com/tag/payrolls-and-basic-records/ https://cwgassociatesllc.wordpress.com/tag/sf-1413/ https://cwgassociatesllc.wordpress.com/tag/statement-and-acknowledgement/ https://cwgassociatesllc.wordpress.com/tag/subcontract-award/ https://cwgassociatesllc.wordpress.com/tag/subcontract-labor-standards/ https://cwgassociatesllc.wordpress.com/tag/usace/ https://cwgassociatesllc.wordpress.com/2013/08/30/standard-form-sf-1413-statement-and-acknowledgement-form-compliance-and-reporting-tips/#respond https://cwgassociatesllc.files.wordpress.com/2013/08/overwhelmed-with-stacks-of-paperwork.jpg

Office of Federal Contract Compliance Programs (OFCCP) Compliance and Reporting

Posted on August 9, 2013 by Carl Gouaux

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The summer break is over after a trip to the Delaware beaches to celebrate America’s Independence and a spectacular drive along the Beartooth Highway through Wyoming and Montana. The Beartooth Highway is probably one of the most scenic drives I have taken. But, back to Federal contracting reality…

The objective to this post is to provide a general overview of the OFCCP, with a focus on the construction industry, while covering a few specific areas to improve your company’s understanding of the compliance requirements.

What is OFCCP

OFCCP was created by Executive Order 11246 in 1965 and expanded by the Rehabilitation Act (1973) and the Vietnam Veterans’ Readjustment Assistance Act (1974). OFCCP provides compliance enforcement and oversight for contractors and subcontractors compliance with the three laws. Further, they must not discriminate in their employment practices on the basis of gender, race, color, religion, national origin, disability, or status as a protected veteran.

OFCCP is an agency within the Department of Labor with a national network of offices. The National Office is located in Washington DC and there are six regional offices located in large metropolitan areas (Northeast, Mid-Atlantic, Southeast, Midwest, Southwest & Rocky Mountain, and Pacific). Each region contains numerous district offices that carry out the mission of OFCCP.

The OFCCP mission

“The purpose of the Office of Federal Contract Compliance Programs is to enforce, for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the Federal government.”

In the context of OFCCP’s mission, it provides the following services:

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Compliance Assistance

To minimize violations OFCCP has an extensive compliance assistance program to assist Federal contractors. OFCCP uses its national network of regional, district, and area offices to provide compliance assistance to contractors. OFCCP conducts seminars and workshops around the country, maintains a website with resources and tips, operates a help desk line during work hours, and provides an e-mail address for inquiries and feedback. OFCCP also facilitates agreements between contractors and Department of Labor job training programs to help contractors identify and recruit qualified workers.

Compliance Evaluations

To monitor and ensure Federal contractors are in compliance with the EEO laws, OFCCP conducts compliance evaluations that review contractors’ employment practices. Contractors are scheduled for review on a periodic basis, generally not more frequently than every two years. OFCCP examines whether the contractor maintains hiring and employment practices that are nondiscriminatory, and determines whether the contractor is taking affirmative action to ensure that applicants and employees have an equal employment opportunity without regard to race, color, religion, sex, national origin, disability, or status as a protected veteran. Typical practices reviewed include: job placement, employee training, promotion, compensation, and termination. OFCCP also occasionally conducts other types of compliance evaluations, such as a Corporate Management Compliance Evaluation to determine whether qualified minorities, women, persons with disabilities, and protected veterans have encountered artificial barriers to advancement into mid-level and senior corporate management.

Complaint Investigations

OFCCP conducts investigations of complaints of discrimination filed by applicants or employees against Federal contractors. OFCCP works in coordination with the EEOC when processing discrimination complaints. OFCCP’s website provides information regarding how to file a complaint and how it will be processed at http://www.dol.gov/esa/ofccp/regs/compliance/pdf/pdfstart.htm.

Conciliation and Enforcement Action

If a compliance evaluation or complaint investigation yields a finding that a contractor violated any part of the regulations, OFCCP will attempt to first negotiate with the contractor to reach an appropriate remedy (“conciliation process”). Generally, if the conciliation process is successful the contractor and OFCCP will sign a Conciliation Agreement. The contractor will be expected to comply with the Agreement’s terms. If conciliation efforts fail, OFCCP and the Department of Labor’s Office of the Solicitor may pursue an enforcement action.

Basic Compliance Requirements http://www.dol.gov/esa/ofccp/regs/compliance/pdf/pdfstart.htm

In most situations a company can remain compliant following the basic EEO requirements outlined in the Small Business Guide:

Don’t discriminate Post an EEO poster Include the EEO tagline in employment advertising: “Federal contractors are required to state in all solicitations or advertisements for employment that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.”

Keep detailed records Open your books and records to OFCCP during an investigation or evaluation File the required reports

References

Technical Assistance Guide for Federal Construction Contractors (May 2009) DOL New Contractors Guide (Aug 2009) DOL Small Business Guide

Posted in Equal Opportunity, Federal Compliance, Labor Laws, Uncategorized | Tagged

Construction Laborer, Davis-Bacon, Department of Labor, Equal Opportunity, Federal

Contracting, Federal Contracts, General Laborer, labor laws, Non-discrimination, Tradesman | Leave a reply

Davis-Bacon Part III

Posted on March 20, 2013 by Carl Gouaux

Reply

The last part of the Davis-Bacon series provides an overview of compliance tips, a wage calculation review, and helpful references. A useful reference I use regularly is Chapter 15 of the Department of Labor’s Field Operations Handbook (FOH). The FOH provides an easy to understand review of the Act as well as the related Acts. It also offers practical examples of exclusions and interpretations of labor categories.

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Coverage and Compliance Principals:

1. Does the Government furnished wage determination meet the project’s needs?

2. To whom do the Davis-Bacon prevailing wage requirements apply?

3. Was each laborer and mechanic paid the proper predetermined prevailing rate?

4. Did employees receive one and one-half their basic rates of pay for hours worked on the contract over 40 hours per week?

5. Were laborers and mechanics employed on the site properly?

6. Were contributions to “bona fide” fringe benefit plans creditable towards meeting the prevailing rate requirements?

Required Records To Be Maintained:

Under the DBA, covered contractors must maintain payrolls and basic records and submit certified weekly payrolls. The Form WH-347 (attached) is optional, however it satisfies the requirements of Parts 3 & 5 29 CFR Subtitle A. In connection with submitted payrolls the following are required to be maintained:

1. Name, address, and social security number of each employee;

2. Each employee’s work classification(s);

3. Hourly rate(s) of pay (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents);

4. Daily and weekly numbers of hours worked;

5. Deductions made; and

6. Actual wages paid

Subcontractor Compliance Checklist:

When the subcontractor submits their monthly billing (pay request), review for the following:

1. Ensure that properly titled and approved “Certified Payroll” documents were provided.

2. Compare the individual worker’s Straight Time Work Classifications and Pay Rates to the corresponding Wage Determination rates on the project Wage Scale.

https://cwgassociatesllc.files.wordpress.com/2013/03/construction-worker_3.jpg

3. Utilize your familiarity of the workers to determine that they are performing the proper work duties for their Work Classifications.

4. Ensure that hours were recorded on a daily basis, per worker.

5. Determine that workers received one and one-half times their Straight Time rates of pay for all hours worked over 40 hours per week.

Wage Determination Example:

References:

1. Department of Labor Field Operations Handbook – Chapter 15 (10/25/2010)

2. Prevailing Wage Resource Book (November 2002)

3. Federal Government Construction Contracts, 2nd Edition 2010

4. Federal Acquisition Regulations (FAR)

FAR contract clauses referenced:

1. 22.407 Solicitation provision and contract clauses

2. 52.222-5 Davis-Bacon Act – Secondary site of the work (FAR 22.407(h))

3. 52.222-6 Davis Bacon Act (22.407(a)) (40 U.S.C. 3141)

4. 52.222-11 Subcontracts (Labor Standards) (FAR 22.407(a)

5. 52.222-13 Compliance with Davis-Bacon and Related Act Regulations

6. 52.222-30 Davis-Bacon Act – Price Adjustment (None or Separately

Specified Method) (22.407(e))

7. 52.222-31 Davis-Bacon Act – Price Adjustment (Percentage Method) (22.407(f))

8. 52.222-32 Davis-Bacon Act – Price Adjustment (Actual Method) (22.407(g))

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Davis-Bacon Compliance

Posted on February 19, 2013 by Carl Gouaux

Reply

Time for a break from small business programs for a short time, the focus of the next three posts addresses considerations of the Davis-Bacon Act (DBA) for general contractors and subcontractors. The posts provide a brief review of the history, wage determinations, apprentice and trainee programs, Federal Acquisition Regulation (FAR) clauses, and recommended compliance principles.

Overview:

The DBA was enacted in 1931 to protect communities and workers from economic disruption caused by non-local contractors entering an area and obtaining federal construction contracts by underbidding local wage levels. It was modeled on the prevailing wage law enacted in Kansas in 1891. The DBA, as amended, requires that each contract over $2,000.00 to which the United States or the District of Columbia is a party for the construction, alteration, and/or repair, of public buildings or public works shall contain a clause setting forth the minimum wage to be paid including fringe benefits. Since 1931 the DBA has been suspended four times by executive order; the last two suspensions were issued to aid recovery efforts during natural disasters (Hurricane Andrew 09/1992 & and Hurricane Katrina 09/2005).

In addition to direct construction contracts, Congress extended coverage of the DBA to approximately 60 other “Related Acts” (Davis-Bacon Related Acts). The distinguishing factor between DBA covered projects and DBRA covered projects is the signer of the contract. DBA covered projects are signed by an agency of the Federal Government and DBRA projects will be signed by some other entity such as a city or county entity.

The Request for Proposal (RFP) review is an important part of the contract process when proposal teams should review the minimum wages required while developing cost estimates. It is the responsibility of the federal agency that funds or financially assists DBA covered construction:

1. To ensure the proper DBA wage determinations are applied.

2. To advise contractors which schedule of prevailing wages applies to various construction items if a contract includes multiple wage schedules.

3. To be available to advise bidders regarding the duties performed by the various crafts in the wage determination.

4. Appropriately, contractors are encouraged to review the wage determinations included in the Request for Proposal (RFP) and raise any questions, comments, or concerns during the solicitation period. Identified errors are often corrected prior to contract award and facilitate more accurate pricing.

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Wage Determinations Overview:

1. General Wage Determinations (GWD) A. Issued and in effect throughout most of the country for each general type of construction.

B. General wage determinations are published each February with weekly updates sent to subscribers listing determinations that are issued, modified, or withdrawn.

2. Project Wage Determinations (PWD) are obtained on a case by case basis for individual projects where there is not a general wage determination, virtually all the work is to be performed by a classification not listed in the general wage determination, and bid opening / award has not yet occurred. It is the responsibility of the applicable Federal Agency to submit the “Request for Determination and Response Request”. A PWD is only applicable to the project for which it was requested and is valid for 180 days.

3. “Modifications” made to Davis-Bacon wage determinations after contract award do not apply to contracts in place. I.e. Davis-Bacon wage determinations establish the minimum wage rates and fringe benefits which must be paid for the entire term of the contract.

Apprentices and Trainees Overview:

Apprentices and Trainees are two categories of laborers and mechanics on DBA/DBRA project that are not listed in the wage determination. They are allowed to work on the project under very controlled circumstances:

1. The apprentices or trainees are individually registered in an approved apprenticeship or trainee plan.

2. The apprenticeship program has to be approved by the Bureau of Apprenticeship and Training (BAT) or by a state apprenticeship agency recognized by BAT.

3. The training program has to be approved by BAT.

4. The worker is paid a percent of the basic hourly rate in accordance with the plan and their respective level of progression.

5. The number of apprentices and trainees is limited based on a ratio of journeymen to apprentices and trainees specified in the approved program. The ratio is determined on a daily basis.

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Daniel Silvain, MS, DABR

9661 E. Bennett

Tucson, AZ 85747

Gallup Nm, 87301

Daniel Silvain, MS, DABR

Radiation Shielding Design

Diagnostic / Fluoroscopic Room

Gallup Indian Hospital

516 Nizhoni Blvd

April 28, 2016

Designed by

X-Ray 1240Room

Daniel Silvain, MS, DABR 1

RE:

1.

2.

3.

4.

Doors, windows, frames and other features should have the same lead equivalence as the surrounding wall. Conduits, junction boxes, ducts, or other structures must be lead backed to maintain the integrity of the shielding.

The viewing window should be constructed of leaded acrylic or equivalent.

Gallup Nm, 87301

No additional shielding is required above the room, as long as the table intercepts the beam.

Daniel Silvain, MS, DABR

9661 E. Bennett

Tucson, AZ 85747

April 28, 2016

Ryan Harrington

Gallup Indian Hospital

516 Nizhoni Blvd

Here are the shielding requirements for the Radiographic/Fluoroscopic room. The requirements are based on NCRP Report 147 guidelines.

The shielding requirements are specific to the unit, and any change in the location or modification of the equipment will require further evaluation. The recommended shielding satisfies current Federal and Stated regulations.

The Following points should be carefully noted:

Shielding must extend to not less than 7 feet from the floor.

Protective lead sheet should overlap, or joints covered with an additional lead strip. Lead nails or stainless steel screws should be used, if not the holes should be covered with an additional lead strip.

Shielding Recommendations

Daniel Silvain, MS, DABR 2

Support and Equipment shielding considerations : Any attenuation provided by the support structures of the equipment, or by the patient was not included in the calculations.

Workload

Room: Radiographic X-Ray 1240

100 590 mGy/week

The calculations are based on: NCRP Report 147 guidelines

If you have questions or need additional information please call me. The shielding

Sincerely, Exposure to Persons in Controlled Areas: 5 mSv per year, or 0.1 mSv per week

Exposure to Persons in Uncontrolled Areas: 1 mSv per year, or 0.02 mSv per week

Estimated Workload based on NCRP Report No. 147

Radiographic Patient /Week

Daniel Silvain, M.S.

Diplomate, American Board of Radiology

ARRA Registration 2104-DX-M-RAM

Daniel Silvain, MS, DABR 3

Facility Date

Room

Thickness

1/16

0.80

1/32

1/32

1/16

1/32

1/32

0.80

1.32

Recommended Shielding

Wall F-D Window

Wall B-C Wall Corridor

Wall D-E Wall Exam Room

Roof Decking material is sufficient

Wall A-B Door Corridor mm Lead Equivalent

(2 lb.) leaded drywall

Wall D-E Door Corridor (4 lb.) leaded drywall

Below Floor Slab Office Inches Standard Weight Concrete

Wall E-A Wall Stairwell (2 lb.) leaded drywall

Wall F-D Wall Control Area (2 lb.) leaded drywall

Control Area mm Lead Equivalent

Above Ceiling / Roof

Table of Recommended Shielding Thickness and Weights

Radiographic Room

(2 lb.) leaded drywall

Barrier Barrier Type Adjacent Area

Wall A-B Wall Corridor (4 lb.) leaded drywall

Gallup Indian Hospital 4/28/2016

X-Ray 1240

Daniel Silvain, MS, DABR 4

Facility Room X-Ray 1240

Lead - mm Concrete - in Gypsum WB - in

Wall A-B Corridor Uncontrolled 2.4 0.2 Wall 1.19 3.76 11.77

Wall A-B Corridor Uncontrolled 2.4 0.125 Door 0.13 0.50 1.46

Wall B-C Corridor Uncontrolled 3.04 0.2 Wall 0.13 0.50 1.46

Wall D-E Exam Room Uncontrolled 2.4 0.5 Wall 0.32 1.17 3.70

Wall D-E Corridor Uncontrolled 2.4 0.125 Door 1.03 3.33 10.53

Wall E-A Stairwell Uncontrolled 2.13 0.025 Wall 0.02 0.07 0.18

Wall F-D Control Area Uncontrolled 1.82 1 Wall 0.58 1.99 6.39

Wall F-D Control Area Uncontrolled 1.82 1 Window 0.58 1.99 6.39

Above Roof Uncontrolled 3 0.025 Ceiling / Roof -0.02 -0.08 -0.19

Below Office Uncontrolled 3 1 Floor Slab 0.37 1.32 4.19

Gallup Indian Hospital

Barrier

Shielding Data Summary

Barrier Orientation Adjacent Area Area Designation

Source to

Occupied Area

Distance (m)

Occupancy

Factor

Shielding Material Thickness

4/28/2016

Daniel Silvain, MS, DABR 5

ADDENDUM NO.2

Project: Gallup Indian Medical Center – Emergency Department Renovation & Expansion

Location: Gallup, NM

Solicitation Number: 16-102-SOL-00005

Addendum Date: August 23, 2016

To: Prospective Bidders

This addendum forms a part of the Contract Documents and modifies the original Bidding Documents dated July 27, 2016 as noted below.

This addendum consists of the following attachments:

Specification Section 264100 - LIGHTNING PROTECTION SYSTEMS Specification Section 271000 - COMMUNICATIONS CABLE AND EQUIPMENT A001 Revised dated 08-23-2016 A111 Revised dated 08-23-2016 A121 Revised dated 08-23-2016 A122 Revised dated 08-23-2016 A123 Revised dated 08-23-2016 A602 Revised dated 08-23-2016

REVISIONS TO SPECIFICATIONS (Dated 08-23-2016):

Revise the following specification sections as noted. Language stricken-through has been removed from the specifications. Language in bold and italics have been added to the specifications:

264100 - LIGHTNING PROTECTION SYSTEMS

PART 1

1.4 SYSTEM DESCRIPTION

A. Lightning Protection System: UL 96A Master Labeled…