2021 EERA Mobile Food Clauses and Specifications 20210715.pdf

CLAUSE 1: GENERAL REQUIREMENTS

Upon request of the Government, the Contractor shall furnish the equipment listed herein to the extent the Contractor is willing and able at the time of order. Resources furnished under this agreement may be operated and subjected to extreme environmental and/or strenuous operating conditions which could include but is not limited to unimproved roads, steep, rocky, hilly terrain, dust, heat, and smoky conditions. As a result, by entering into this agreement, the contractor agrees that what is considered wear and tear under this agreement is in excess of what the resource is subjected to under normal operations and is reflected in the rates paid for the resource. The Contractor shall provide dependable equipment that meets all applicable state and federal laws relating to motor vehicles and equipment.

CLAUSE 2: SCOPE

The intent of this Agreement is to obtain resources for use during a specific local host agency incident. The Contractor is responsible for all equipment, materials, supplies, transportation, personnel necessary to meet or exceed the Agreement specifications. The resources may be used in the protection of lands, to include but not be limited to, fire suppression and all-hazard incidents. The Incident Commander or responsible Government Representative is authorized to administer the technical aspects of this agreement. Unless otherwise designated, the operator(s) shall be considered the Contractor's Representative.

CLAUSE 3: AGREEMENT PERIOD

Effective Date as annotated on OF-294 until demobilized by the Incident Management Team (IMT). Agreement is for duration of assigned incident only and is non-transferrable.

Per the NWCG Standard for Interagency Incident Business Management (SIIBM), an administrative change (FAR 43.101) is defined as a contract change that does not affect the substantive rights of the parties (e.g. a change in the payment office, incident #, financial code, etc.). For the purpose of administration, an incident may include a resource utilized for complexes, mergers, splits, or lend lease for one unit or Incident Management Team (IMT) managing multiple incidents.

In these circumstances, the resource may continue performance under the original EERA. If the resource is needed on an incident outside the responsible area of the incident management team, a new EERA shall be written.

CLAUSE 4: PRICING

Rates shall include, but are not limited to, labor (as required), equipment, operating supplies, materials, State and Federal taxes (including workers compensation costs), insurance coverage, transportation costs, overhead, and profit, and any costs/fees necessary to ensure equipment/ operators/crews meet(s) the specified standards. As required by the agreement, any costs associated with a contractor provided support truck for fuel, maintenance, and operator transportation; delivery/setup/takedown, mobilization/demobilization, power generation, and a Contractors representative attendance at the operational period briefings should also be included. Rate negotiations will follow the prevailing incident agency practices.

CLAUSE 5: RESERVED

CLAUSE 6: TIMEKEEPING

Time will be verified and approved by the Government Agent responsible for ordering and/or directing use of each piece of equipment. Time will be recorded to the nearest quarter hour worked for daily/hourly rate, or whole mile for mileage.

CLAUSE 7: CHANGES

Changes to Emergency Equipment Rental Agreements (EERAs), OF294 may only be made by the original signing procurement official or his/her authorized representative as defined in the SIIBM.

CLAUSE 8: ORDERING PROCEDURES

Information provided to the Contractor at time of order:

(1) Resource Order Number.

(2) Incident Order Number and Name of Incident. Dispatch offices may use a FAX or email to provide a hard copy of the resource order to the Contractor.

(3) Date and time to report to incident.

(4) Descriptive location of the designated site where the

Contractor shall meet a Government representative. A map, if available.

(5) Incident contact phone number for further information.

(6) Fire Code/Funding Code

Prior to departing for the incident, the Contractor shall provide to dispatch the complete name of each person dispatched with the contractor equipment, and the Estimated Time of Departure (ETD) and Estimated Time of Arrival (ETA) from point of dispatch.

8.1 DEMOBILIZATION:

The Incident Commander will determine the priority of demobilization.

8.2 ORDER CANCELLATION.

Order cancellation/enroute. If the order is cancelled after the resource order has been confirmed, and the resource is enroute, the resource is considered mobilized. Payment will be made by the host agency in accordance with Payment Provisions.

CLAUSE 9: ADMINISTRATIVE REQUIREMENTS

9.1 INCIDENT BEHAVIOR

It is extremely important that inappropriate behavior be recognized and dealt with promptly. Inappropriate behavior is all forms of harassment including sexual and racial harassment. HARASSMENT IN ANY FORM WILL NOT BE TOLERATED. Non-prescription and Federally unlawful drugs and alcohol are not permitted at the incident.

Possession or use of these substances will result in the Contractor being released from the incident. During off-incident periods, personnel are responsible for proper conduct and maintenance of fitness for duty.

Drug or alcohol abuse resulting in unfitness for duty will normally result in the Contractor being released from the incident. Sexual harassment is defined as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

9.2 HARRASSMENT FREE WORKPLACE:

Contractors shall abide by "U.S. Code, Title VII, Civil Rights Act of 1964, Executive Order EO-93- 05, Secretary's Memorandum 4430-2 Workplace Violence Policy, and Harassment Free Workplace (29 CFR Part 1614)". Regulations can be found at www.gpoaccess.gov/.

9.3 FIREARM – WEAPON PROHIBITION:

The possession of firearms or other dangerous weapons (18 USC 930

(g) (2)) are prohibited at all times while on Government Property and during performance of services, under this agreement. The term dangerous weapon does not include a pocket knife with a blade less than 2 1/2 inches in length or a multi-purpose tool such as a Leatherman

9.4 PERSONNEL REQUIREMENTS:

All Contractor personnel shall comply with Safety Standards.

Contractors shall comply with the Fair Labor Standards Act when employing persons under 18 years of age (Ref. 29 CFR 570).

- Minimum Age for Firefighting Resources. Persons under 18 years of age shall not perform hazardous or arduous duties during wildland fire management operations, including execution of prescribed burns.

- ENGLISH SPEAKING REQUIREMENT. Communications between Contractor crew personnel and Government incident personnel is mandatory for safe and effective performance.

Contractor's representative shall be able to proficiently communicate in English, in the language of the crew, and read and communicate the Incident Action Plan, Safety Alerts, etc. All radio communication on Government-assigned frequencies shall be in English.

9.5 CONDITION OF EQUIPMENT:

All equipment furnished under this agreement shall be in acceptable condition. The Government reserves the right to conduct inspections at any time and reject equipment that is not in safe and operable condition. No payment will be made for time that the equipment was not available prior to incident use or anytime the resource is under hire.

GENERAL CLAUSES TO EMERGENCY EQUIPMENT RENTAL AGREEMENT FORM OF-294 (03/2021)

If the resource does not pass inspection at the incident or designated inspection station, it is considered noncompliant. The Contractor may be given 24 hours or time frame designated by Government representatives to bring the resource into compliance. If the resource does not pass inspection, no payment will be made for travel: to the incident, point of inspection, return to the point of hire, or for the time that the resource was not available.

9.6 WORKMANSHIP:

All work under this Agreement shall be performed in a safe manner to a professional standard. The goal of performance under this Agreement is the suppression of wildland fire and other emergency incident responses. The Incident Commander may release from an incident assignment any Contractor employee deemed incompetent, careless, or otherwise objectionable including violation of Harassment Free Workplace Policy. It will be left to the discretion of the Incident Commander to demobilize an entire resource or to allow replacement of the noncompliant personnel. Documentation of the rationale for release will be provided to the Contracting Officer (CO) subsequent to the action. Accordingly, the CO may require, in writing, the Contractor remove from use under this Agreement, any employee found incompetent, careless, or otherwise objectionable including violation of Harassment Free Workplace Policy. The Contracting Officer may require other proof of mitigation. Misconduct may result in cancellation of this Agreement.

If an employee or crew is terminated, quits, or otherwise is released from the incident for any reason, the Contractor is responsible for returning the employee(s) to the point of hire with a departure time from the Incident Command Post (ICP) no later than 12 hours or time specified by a government official following such decision. The Contractor may, at their discretion, provide such transportation, or request the Incident Management Team (IMT) to arrange for the transportation with all transportation costs deducted from Contractor's payment. If the Contractor does not act in a timely manner (i.e., Contractor's employee(s) not departing from the ICP for return to point of hire within the specified time period), the IMT has authority to transport said employee or arrange for employee's transportation and to deduct all such transportation costs from Contractor's payment.

9.7 WORK REST & LENGTH OF ASSIGNMENT:

Contractors shall comply with the 2:1 work/rest ratio (for every 2 hours of work or travel, provide 1 hour of sleep and/or rest within a 24 hour period) as outlined in the NWCG Standards for Interagency Incident Business Management (Work/Rest Guidelines). When working an average of more than 16 hours, for the duration of the incident, a Contractor may request to negotiate an equitable adjustment through the Procurement Unit Leader or Contracting Officer. Shifts exceeding 16 hours shall be approved by the Incident Commander. Hours worked that exceed 16 hours in a 24-hour period must be approved by the IC or Agency Administrator. Documentation shall include mitigation measures used to reduce fatigue.

To mitigate exceeding length of assignment guidelines and manage the days of rest, the Government has the option to:

(1) Request the Contractor to provide replacement personnel.

Replacement personnel are subject to the work/rest and length of assignment guidelines and must arrive at the incident fully rested. The Government will not pay transportation cost for replacement personnel.

(2) Release resources after a 14-day assignment or follow length of assignment extension guidelines as stated in NWCG Standards for Interagency Incident Business Management.

(3) With the Governments agreement, the contractor may choose to have their personnel remain at the incident base camp and not be placed on shift to allow proper rest. The time is not compensable when the Contractor is off shift in compliance with the length of assignment provisions.

9.8 EMERGENCY INCIDENT DRIVING:

The Contractor shall follow the driving regulations and work/rest guidelines listed in the NWCG Standards for Interagency Incident Business Management (SIIBM). The Contractor is responsible for complying with all other current Federal, State and Local driving regulations. No driver will drive more than 10 hours (behind the wheel/actual driving time) within any duty- day (operational period).

Multiple drivers in a single vehicle may drive up to the duty-day limitation provided no driver exceeds the individual driving time (behind the wheel/actual driving time) limitation of 10 hours. A driver shall drive only if they have had at least 8 consecutive hours off duty before beginning a shift. An exception to the minimum off-duty hour requirement is allowed when essential to:

(1) Accomplish immediate and critical suppression objectives, or

(2) Address immediate and critical firefighter/responder or public safety issues.

As stated in the current agency work/rest policy, documentation of mitigation measures used to reduce fatigue is required for personnel who exceed 16 hour work shifts. This is required regardless of whether the driver was still compliant with the 10 hour individual (behind the wheel) driving time limitations.

CLAUSE 10: GOVERNMENT FURNISHED SUPPLIES & SERVICES

10.1 LAUNDRY SERVICE:

If the Government provides a laundry service at the incident base camp, the Contractor may utilize the service at no cost.

10.2 CAMPSITE:

A campsite may be provided. The Contractor shall provide sleeping equipment such as tents or shelters, sleeping bags, etc.

If the Government cannot provide a campsite, an overnight allowance may be authorized. (See Remain Overnight Allowance

(RON)).

10.3 COMMISSARY:

When authorized in writing by the Contractor, the Contractor's employees shall be permitted to use the commissary when one is available.

10.4 FIRST AID RESPONSIBILITY:

The contractor is financially responsible for employee medical expenses and coverage. The Government may provide first aid at the incident at no charge to the contractor. Any other medical expenses incurred will be the responsibility of the contractor. If contractor personnel become ill or are injured and incident transportation is not available, the Government may evacuate or transport the injured/ill person(s) to a medical facility/hospital utilizing a commercial source (e.g. ambulance or air transport such as Life flight). Commercial transport costs will be the responsibility of the Contractor

10.5 REMAIN OVERNIGHT ALLOWANCE (RON):

Contractors under this agreement are not paid per diem or lodging expenses to and from incidents.

When the Government cannot provide a campsite after the first shift worked, the Government will pay actual lodging expenses or the per diem locality rate published by the U.S. General Services Administration (GSA) web site (www.gsa.gov), whichever is less.

Double occupancy of hotel rooms is required. Any associated lodging taxes are reimbursable as documented. Lodging receipts, as well as documentation by incident personnel that a campsite was not provided, shall be submitted as supporting documentation with payment documents.

- Reimbursement for meals and incidental expenses (M&IE) is based on per diem locality rates minus any Government-provided meals. -The maximum allowable rates are referenced at www.gsa.gov.

- If the resource is allowed to return to its home unit location during off-shift time, RON allowance is not authorized.

- The maximum RON that shall be allowed is based on the number of operators or crewmembers shown on the shift ticket. Payment shall be included as an addition on the invoice.

10.6 FOOD & DRINK:

Contractors are required to provide sufficient food & drink to support their employee(s) while in travel status and the first shift of the incident. This is not reimbursed by the Government.

- After that time, when Government subsistence at incident camps are available, meals for Contractor's operator(s) will be furnished without charge. Government will furnish meals without cost if restaurant subsistence is the approved camp for incident personnel.

- The Government, during demobilization and/or reassignment, may provide sack lunches to the Contractor personnel without charging the Contractor.

10.7 FUEL:

If procuring fuel at the incident site, the contractor shall do so with a major credit card (Visa or MasterCard).

10.8 REPAIRS:

Repairs shall be made and paid for by the Contractor. The Government may, at its option, elect to make such repairs when necessary to keep the resource operating. The cost of such repairs will be determined by the Government and will be deducted from payment to the contractor.

CLAUSE 11: CONTRACTOR FURNISHED EQUIPMENT, SUPPLIES,

AND PERSONNEL

Equipment specific requirements, if applicable, will be attached and are considered incorporated in this agreement.

11.1 OPERATING SUPPLIES:

Operating supplies include fuel, oil, filters, lube/oil changes. Even though Block 7 may specify that all operating supplies are to be furnished by the Contractor (wet), the Government may, at its option, elect to furnish such supplies when necessary to keep the equipment operating. The cost of such supplies will be determined by the Government and deducted from payment to the Contractor.

11.2 VEHICLE LICENSING REQUIREMENTS:

- Licensed Units. All Units offered and used under this Agreement shall be licensed and legally operable on all roads. All Units with a Gross Vehicle Weight Rating (GVWR) of 10,001 pounds and greater shall have: a) annual USDOT certified vehicle inspection;

or b) Commercial Vehicle Safety Alliance Inspection. (49 CFR 396.23)

- Federal regulations prohibit the use of official agency shields or markings on private vehicles or property.

11.3 TRANSPORTATION VEHICLES:

All transportation vehicles shall be in sound mechanical condition with sufficient horsepower and mainframe configurations to ensure successful performance on roads and highways, or in terrain described in these specifications. All vehicles under this Agreement shall be able to be legally driven on highways under their own power and be able to travel at a minimum of 50 miles an hour.

11.4 MEDICAL INSURANCE:

Contractor shall provide the operator(s) with an adequate supply of appropriate insurance forms, insurance ID card(s), and other necessary documents. Such documents shall accompany the injured/ill person(s) when the medical need arises. Per FAR 52.247-21 Contractor Liability for Personal Injury And/Or Property Damage (APR 1984).

11.5 VEHICLE CLEANING FOR NOXIOUS WEED CONTROL:

The resource shall arrive at the incident or designated inspection point washed and free of noxious weed seeds. Equipment with frames and cross-members will be inspected and all debris collecting areas including belly pans, guards and coverings must be washed to alleviate the spread of noxious weed seeds and to protect against grease and oil soaked residues catching on fire in belly pans and skid plates. Heavy equipment operators shall manually clean tracks and belly pans before leaving project site on all heavy equipment.

CLAUSE 12: PAYMENTS

The host agency for each incident is responsible for payments.

12.1 TIME UNDER HIRE:

The time under hire shall start at the time the resource begins traveling to the incident after being ordered by the Government, and end at the estimated time of arrival back to the point of hire after being released, except as provided in exceptions.

12.2 RATES OF PAYMENTS:

Payment will be at rates specified and shall be in accordance with the following:

- On-Shift includes time worked, time that resource is held or directed to be in a state of readiness, and compensable travel (resource traveling under its own power) that has a specific start and ending time.

- The vendor will be paid for travel to and from the incident from the Point of Hire City and State designated on the OF-294. Vendor must meet date and time needed.

- Rates for equipment hired with Contractor Furnished operator(s) shall include all operator(s) expenses. Payment will be at rates specified and, except as provided in the EXCEPTIONS portion of this document, shall be in accordance with the following:

- Work Rates (column 14b) (hourly/daily/mileage/shift basis) shall apply when equipment is under hire as ordered by the Government and on shift, including relocation of equipment under its own power.

- Special Rates (column 15b) shall apply when specified.

- Guarantee. For each calendar day that equipment is under hire for at least 8 hours, the Government will pay not less than the amount shown in column 17.

- If equipment is under hire for less than 8 hours during a calendar day, the amount earned for that day will be not less than one-half the amount specified in column 14.

- The guarantee is not applicable to equipment hired under the Daily rate.

- If equipment is transported under its own power, it is compensated under the Daily rate.

- Daily Rate (column 14) - Payment will be made on basis of calendar days (0001 – 2400). For fractional days at the beginning and ending of time under hire, payment will be based on 50 percent of the Daily Rate for periods less than 8 hours. Under the daily rate equipment may be staffed with or without operator.

- Shift Basis (Portion of calendar day)

- Single Shift - (SS) is staffed with one operator or one crew

- Double Shift - (DS) is staffed with two operators or two crews (one per shift). The DS rate will apply any calendar day the DS was under hire, including travel.

There will be no compensation for a double shift unless a separate operator(s) and or crew(s) is/are ordered in writing for the second shift.

- Agency personnel at the Section Chief Level may, by resource order, authorize a second operator or crew (Double Shift), if needed during the assignment.

12.3 METHOD OF PAYMENT:

Lump-sum payment will normally be processed at the end of the emergency assignment. However, partial payment may be authorized as approved by the incident agency. Payment for each calendar day will be made for (1) actual units ordered and performed under Work or Daily, shift basis and/or Special rates or (2) the guarantee (if applicable) earned, whichever is the greater amount.

12.4 EXCEPTIONS:

- No further payment will accrue during any period that resource under hire is not in a safe or operable condition or it is not available for the assigned shift or portions of the assigned shift. Payment will be based on the hours the resource was operational during the assigned shift, as documented on the shift ticket versus the designated shift, as shown on the Incident Action Plan. If the equipment was not operational for the full shift, the deduction from the daily rate is calculated by converting the length of shift from the IAP to determine the hourly rate and pay the contractor for the total hours worked before equipment became nonoperational.

- If the Contractor withdraws resources prior to being released by the Government, no further payment shall accrue and the Contractor shall bear all costs of returning resources to the point of hire.

- After inspection and acceptance for use, resources that become inoperable and cannot be repaired at the site of work by the Contractor or by the Government within 24 hours, may be considered as being withdrawn by the Contractor in accordance with above guidance with the exception that the Government shall pay return travel. The Government shall calculate travel based on a normal release of resource. The Contractor shall bear any additional cost returning resource and/or operator(s) to the point of hire.

- No payment will accrue when the contractor is off shift in compliance with the mandatory Work/Rest and Length of Assignment provisions.

12.5 DEDUCTIONS:

Unless specifically stated elsewhere in this agreement the cost of any supplies, materials, or services, including commissary, provided for the Contractor by the Government will be deducted from the payment to the Contractor.

CLAUSE 13: INVOICING PROCESS

The Contractor shall have one copy of the complete Agreement for the assigned incident.

- After each operational period worked, time will be verified and approved by the Government Agent responsible for ordering and/or directing use the resource. Time will be recorded to the nearest quarter hour worked. The Government will verify the Contractors time on an Emergency Equipment Shift Ticket (OF-297). The Government and the Contractor representatives will sign the OF-297 verifying the hours worked daily. Each operators name shall be listed on the shift ticket.

- The incident will submit a payment package including original invoices, a copy of the OF-294, a copy of resource order (if required for payment), supporting documentation per the Interagency Incident Business Management Handbook (i.e., repair orders, commissary issues, findings and determinations for claims, and any other documents supporting additions or deductions to the payment), and transmittal sheet to the designated payment office. See Payment Office Information for invoice payment contact information.

CLAUSE 14: ACCOUNTABLE, DURABLE, AND CONSUMABLE

GOODS

The Government considers operators as fire line personnel who will use and wear specified articles of personal protective equipment. The following mandatory items (fire line personnel only) may be issued by the Government, when not required to be furnished by the Contractor, to operators performing within the scope of this agreement:

1. Clothing: (a) Flame resistant pants and shirts; (b) Gloves (Either Nomex or chrome tanned leather; (c) Hard hat; (d) Goggles or safety glasses.

2. Equipment: (a) Fire shelter; (b) Headlamp;

3. Other items may be issued by the Government.

4. Operators shall wear the items of clothing issued and maintain the issued equipment in a usable and readily available condition. Upon completion of the contract assignment, all issued items of clothing or equipment shall be returned to the Government. Deductions will be made for all Government furnished protective clothing and equipment not returned by the Contractor.

5. Contractor will be charged for Consumable Goods supplied by the Government and used by the resource while Under Hire.

The cost of all Consumable Goods, with the exception of those specifically listed below, shall be deducted from payment to the Contractor. At the Government's discretion, the Government may provide the following incidental consumable goods at no cost, if available: one-quart plastic canteens, plastic sheeting, replacement radio batteries and replacement headlamp batteries, as required while under hire.

CLAUSE 15: LOSS, DAMAGE, OR DESTRUCTION

For equipment furnished under this EERA without operator, the Government will assume liability for any loss, damage or destruction of such equipment, except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees or Government employee owned and operated equipment. See Below.

For equipment furnished under this EERA with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligence, or wrongful act(s) of Government employee(s) while acting within the scope of their employment. The operator is responsible for operating the equipment within its operating limits and responsible for safety of the equipment. See Below.

For all equipment, both operated and without operator; equipment liability resides with the vendor for loss, damage, or destruction, including acts of god, for time prior to acceptance at incident and upon release from incident.

CLAUSE 16: ASSIGNMENT OF CLAIMS

Assignment of claims is not authorized.

CLAUSE 17: CLAIM SETTLEMENT AUTHORITY

For the purpose of settling claims, the successor contracting officer is any contracting officer acting within their delegated warrant authority, under the clauses of this agreement, and limits set by the incident agency.

NOTE: THE APPLICABLE FEDERAL ACQUISITION REGULATION

CLAUSES AND TERMS AND CONDITIONS WILL BE

INCORPORTATED AS AN ATTACHMENT AND WILL BE A PART

OF THIS AGREEMENT.

PAYMENT OFFICE INFORMATION

FOREST SERVICE

Albuquerque Service Center – B&F Incident Finance 5141 Masthead NE, Albuquerque, NM 87109 1-877-372-7248

BUREAU OF LAND MANAGEMENT

National Operations Center PO Box 25047, Bldg. 50 Denver Federal Center Denver, CO 80225-0047 Mail Stop OC-622 1-877-480-9724

NATIONAL PARK SERVICE

National Park Service NPS FedEx Address:

Accounting Operations Center (AOC) National Park Service PO Box 100000 13461 Sunrise Valley Drive Herndon, VA 20171 Herndon, VA 20171 703-487-9453

BUREAU OF INDIAN AFFAIRS

Bureau of Indian Affairs Reston Financial Services Attn: EERA Payments 12220 Sunrise Valley Drive Reston, VA 20191 703-390-6446 (primary), 703-390-6336 (secondary)

FISH & WILDLIFE SERVICE

NIFC – US Fish and Wildlife Service Branch of Fire Management 3833 S. Development Avenue Boise, ID 83705 208-387-5536

(End of Clauses)

FAR 52.252-2 -- Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/

52.212-4 – Contract Terms and Conditions – Commercial Items (OCT 2018) 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2021) 52.204-19 – Incorporation by Reference of Representations and Certifications (DEC 2014) 52.232-11 Extras (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.245-1 – Government Property (Jan 2017) http://www.acquisition.gov/

REGISTER OF WAGE DETERMINATIONS UNDER

THE SERVICE CONTRACT ACT

By direction of the Secretary of Labor

Daniel W. Simms Director Division of Wage Determinations

U.S. DEPARTMENT OF LABOR

EMPLOYMENT STANDARDS ADMINISTRATION

WAGE AND HOUR DIVISION

WASHINGTON D.C. 20210

Wage Determination No.: 1995-0221 Revision No.: 52

Date Of Last Revision: 02/04/2021

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 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 $10.95 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 2021. 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.

NATIONWIDE: Applicable in the continental U.S., Hawaii, Alaska, and American Samoa.

Alaska: Entire state.

American Samoa: Entire state

Hawaii: Entire state.

Midwestern Region: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Wisconsin

Northeast Region: Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont

Southern Region: Alabama, Arkansas, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia

Western Region: Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contracts for Fire Safety services only.

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01613 - Word Processor III Alaska 21.50 Continental U.S. 21.50 Hawaii and American Samoa 21.25 05000 - Automotive Service Occupations 05190 - Motor Vehicle Mechanic Alaska 30.36 Hawaii and American Samoa 20.16 Midwestern Region 23.96 Northeast Region 22.49 Southern Region 20.96 Western Region 24.25 05220 - Motor Vehicle Mechanic Helper Alaska 21.96 Hawaii and American Samoa 15.52

Midwestern Region 15.53 Northeast Region 17.52 Southern Region 13.51 Western Region 16.43 07000 - Food Preparation And Service Occupations 07010 - Baker Alaska 18.24 Hawaii and American Samoa 18.21 Midwestern Region 15.29 Northeast Region 17.34 Southern Region 12.48 Western Region 19.03

07041 - Cook I Alaska 15.72

Hawaii and American Samoa 15.33 Midwestern Region 11.23 Northeast Region 14.03

Southern Region 10.69 Western Region 12.80 07042 - Cook II

Alaska 18.11 Hawaii and American Samoa 17.12 Midwestern Region 12.67

Northeast Region 15.80 Southern Region 12.06 Western Region 14.45 07070 - Dishwasher Alaska 13.45 Hawaii and American Samoa 14.73

Midwestern Region 9.09 Northest Region 9.75 Southern Region 9.45 Western Region 9.81 07130 - Food Service Worker Alaska 13.73 Hawaii and American Samoa 13.65 Midwestern Region 10.73 Northeast Region 12.86 Southern Region 10.16 Western Region 11.16 07210 - Meat Cutter

Alaska 22.38 Hawaii and American Samoa 21.73

Midwestern Region 18.86 Northeast Region 21.96 Southern Region 15.74

Western Region 20.60 12000 - Health Occupations 12040 - Emergency Medical Technician Alaska 26.25 Continental U.S. 19.12 Hawaii and American Samoa 21.49 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator Alaska 25.21 Hawaii and American Samoa 19.64 Midwestern Region 18.12 Northeast Region 17.70

Southern Region 14.99 Western Region 19.38 21150 - Stock Clerk Alaska 16.28 Hawaii and American Samoa 12.84 Midwestern Region 14.39 Northeast Region 14.20 Southern Region 13.79 Western Region 14.58 23000 - Mechanics And Maintenance And Repair Occupations 23021 - Aircraft Mechanic I Alaska 31.97 Continental U.S. 32.88 Hawaii and American Samoa 33.04 23022 - Aircraft Mechanic II Alaska 33.19 Continental U.S. 33.73 Hawaii and American Samoa 34.39 23023 - Aircraft Mechanic III Alaska 35.01 Continental U.S. 35.25 Hawaii and American Samoa 36.09 23040 - Aircraft Mechanic Helper Alaska 25.07 Continental U.S. 24.73 Hawaii and American Samoa 23.86 23060 - Aircraft Servicer Alaska 28.01 Continental U.S. 28.20 Hawaii and American Samoa 27.69 23160 - Electrician, Maintenance Alaska 36.08 Hawaii and American Samoa 31.10 Midwestern Region 27.09 Northeast Region 29.05 Southern Region 23.17 Western Region 27.67 23440 - Heavy Equipment Operator Alaska 29.52 Hawaii and American Samoa 21.00

Midwestern Region 23.96 Northeast Region 22.49

Southern Region 20.96 Western Region 24.24 23470 - Laborer

Alaska 17.91 Hawaii and American Samoa 17.39 Midwestern Region 14.58

Northeast Region 14.69 Southern Region 11.87 Western Region 13.77 23530 - Machinery Maintenance Mechanic Alaska 33.68 Hawaii and American Samoa 33.23

Midwestern Region 20.77 Northeast Region 21.73 Southern Region 16.46

Western Region 20.61

23580 - Maintenance Trades Helper Alaska 24.62 Hawaii and American Samoa 18.99 Midwestern Region 19.56 Northeast Region 18.26 Southern Region 16.45 Western Region 16.97 27000 - Protective Service Occupations 27070 - Firefighter Alaska 13.64 Hawaii and American Samoa 11.12 Midwestern Region 8.90

Northeast Region 9.38 Southern Region 8.90

Western Region 9.38 30000 - Technical Occupations 30210 - Laboratory Technician Alaska 26.41 Hawaii and American Samoa 25.12 Mid Western Region 23.46 Northeast Region 21.72 Southern Region 23.88 Western Region 22.32 31000 - Transportation/Mobile Equipment Operation Occupations 31030 - Bus Driver Alaska 24.77 Hawaii and American Samoa 16.09 Midwestern Region: 1 1/2 to 4 tons 20.41 Midwestern Region: over 4 tons 21.35 Midwestern Region: under 1 1/2 tons 15.28 Northeast Region: 1 1/2 to 4 tons 20.92 Northeast Region: over 4 tons 21.83 Northeast Region: under 1 1/2 tons 16.23 Southern Region: 1 1/2 to 4 tons 18.63

Southern Region: over 4 tons 19.34 Southern Region: under 1 1/2 tons 10.39 Western Region: 1 1/2 to 4 tons 19.22 Western Region: over 4 tons 19.76 Western Region: under 1 1/2 tons 12.09 31361 - Truckdriver, Light

Alaska 23.19 Hawaii and American Samoa 12.70

Midwestern Region 15.28 Northeast Region 16.23 Southern Region 10.39

Western Region 12.09 31362 - Truckdriver, Medium Alaska 25.11

Hawaii and American Samoa 16.07 Midwestern Region 20.41 Northeast Region 20.96

Southern Region 18.58 Western Region 19.22 31363 - Truckdriver, Heavy

Alaska 26.53 Hawaii and American Samoa 17.54 Midwestern Region 21.35

Northeast Region 21.83

Southern Region 19.34 Western Region 20.48 31364 - Truckdriver, Tractor-Trailer Alaska 27.95 Hawaii and American Samoa 17.76 Midwestern Region 25.37 Northeast Region 21.98 Southern Regioon 20.31 Western Region 20.90 47000 - Water Transportation Occupations 47021 - Cook-Baker/Second Cook/Second Cook- Baker/Assistant Cook Alaska 18.04 Hawaii and American Samoa 17.12 Midwestern Region 12.67 Northeast Region 15.80 Southern Region 12.05 Western Region 14.45 92000 - Non Standard Occupations (not set) - Quality Assurance Representative I Alaska 22.41 Hawaii and American Samoa 23.02 Midwestern Region 20.17 Northeast Region 21.32 Southern Region 22.10 Western Region 20.33 (not set) - Quality Assurance Representative II Alaska 29.32 Hawaii and American Samoa 27.37 Midwestern Region 24.88 Northeast Region 26.46 Southern Region 23.37 Western Region 24.64 (not set) - Quality Assurance Representative III Alaska 31.20 Hawaii and American Samoa 29.80 Midwestern Region 29.29 Northeast Region 31.13 Southern Region 27.64 Western Region 29.55 (not set) - Chief Cook

Alaska 23.96 Hawaii and American Samoa 28.72

Midwestern Region 21.12 Northeast Region 25.57 Southern Region 19.36

Western Region 23.53 (not set) - Environmental Protection Specialist Alaska 37.79

Hawaii and American Samoa 34.95 Midwestern Region 31.79 Northeast Region 38.13

Southern Region 32.37 Western Region 33.47 (not set) - Fire Safety Professional

Alaska 37.77 Hawaii and American Samoa 34.99 Midwestern Region 31.79

Northeast Region 38.13 Southern Region 32.37 Western Region 33.47 (not set) - Aircraft Quality Control Inspector Alaska 33.44 Continental U.S. 34.38 Hawaii and American Samoa 34.57 99000 - Miscellaneous Occupations 99730 - Refuse Collector Alaska 13.24 Hawaii and American Samoa 12.25 Midwestern Region 11.31

Northeast Region 12.91 Southern Region 8.90

Western Region 11.01

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: $4.54 per hour, up to 40 hours per week, or $181.60 per week or $786.93 per month

HEALTH & WELFARE EO 13706: $4.22 per hour up to 40 hours per week, or $168.80 per week, or $731.47 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 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)

VACATION (Hawaii): 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. (Reg. 29 CFR 4.173)

HEALTH & WELFARE (Hawaii): $1.94 per hour, up to 40 hours per week, or $77.60 per week, or $336.27 per month for all employees on whose behalf the contractor provides health care benefits pursuant to the Hawaii prepaid Health Care Act. For those employees who are not receiving health care benefits mandated by the Hawaii prepaid Health Care Act, the new health and welfare benefit rate will be $4.54 per hour, up to 40 hours per week.

HEALTH & WELFARE (Hawaii EO 13706): $1.63 per hour, up to 40 hours per week, or $65.20 per week, or $282.53 per month for all employees on whose behalf the contractor provides health care benefits pursuant to the Hawaii prepaid Health Care Act. For those employees who are not receiving health care benefits mandated by the Hawaii http://www.dol.gov/whd/govcontracts prepaid Health Care Act, the new health and welfare benefit rate will be $4.22 per hour, up to 40 hours per week.*

*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.

** HAZARDOUS PAY DIFFERENTIAL **

An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance, explosives, and incendiary material differential pay.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE

Standard Form 1444 (SF-1444)

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

** OCCUPATIONS NOT INCLUDED IN THE SCA DIRECTORY OF OCCUPATIONS **

Aircraft Quality Control Inspector

Develops and implements quality control and ground safety programs to ensure compliance with contract specifications. Inspects and verifies proper completion and documentation of safety and flight discrepancies. Briefs and debriefs pilots and crew members assigned to functional check flights. Evaluates personnel, including verification of skills, training and experience. Performs audits and inspections of work centers and ongoing maintenance actions, procedures, equipment and facilities. Monitors timeliness and applicability of aircraft maintenance technical data and technical library. Reviews maintenance source documents, aircraft inspection records, notes recurring discrepancies or trends and initiates appropriate action. Manages the material deficiency and technical order improvement program. Reviews engineering investigation requests. Initiates and reviews quality deficiency reports, technical deficiency reports and hazardous material reports, ensuring that they are accurate, clear, concise and comprehensive.

Receives aircraft and explosive mishap reports and studies them for applicability.