285-21-RFQ-0052.docx

285-21-RFQ-0052 OPTOMETRY SERVICE- SHINNECOCK

B. SUPPLIES OR SERVICES AND PRICE/COSTS

ALL QUESTIONS REGARDING THIS SOLICITAITON SHALL BE SUBMITTED VIA EMAIL TO donna.harjo@ihs.gov. No phone calls please.

The Nashville Area Indian Health Service (IHS) intends to award a fixed-price contract in response to Request for Quotation (RFQ) 285-21-RFQ-0052. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 effective July 12, 2021. The associated North American Industry Classification System code is 621320 Doctors of Optometry (ODS) offices (e.g., centers, clinics); Industry and the small business size standard is 11.00 million.

B.1. PRICE SCHEDULE

OPTOMETRY SERVICE

Base Year: October 1, 2021 – September 30, 2022

3.Single vision lens monovision with plastic

Option Year 1: October,1 2022 – September 30, 2023

3.Single vision lens monovision with plastic

Option Year 1: October,1 2023 – September 30, 2024

3.Single vision lens monovision with plastic

Option Year 1: October,1 2024 – September 30, 2025

3.Single vision lens monovision with plastic

Option Year 1: October,1 2025 September 30, 2026

3.Single vision lens monovision with plastic

TOTAL COST $__________________

C. Description/Specifications

C.1. STATEMENT OF WORK

Except as otherwise specified herein, the Contractor(s) shall furnish the necessary personnel, materials, services, and do all things necessary to satisfactorily perform the work set forth below.

I. Project Summary

To establish services to provide comprehensive diabetic eye exam to include retinopathy scan and screening as well comprehensive eye examinations. This contract request wishes to contract with a vendor that shall serve as a reliable source for optometry services for Diabetic Patients and provide a selection of frames for use for eligible American Indian/ Alaskan Native through the Purchased Referred Care program.

C.2. PERIOD OF PERFORMANCE:

The Period of performance shall begin June 1, 2021–September 30, 2021.for a period of four (4) months, and include 4 option years.

C.3. SCOPE OF WORK

This request seeks to establish services to provide comprehensive diabetic eye exam to include retinopathy scan and screening as well comprehensive eye examinations. This contract request wishes to contract with a vendor that shall serve as a reliable source for optometry services for Diabetic Patients and provide a selection of frames for use for eligible American Indian/ Alaskan Native through the Purchased Referred Care program.

C.4. General:

a. This Scope of Work describes the requirement for the Yearly Optometry Comprehensive Eye Exams and Eye Glasses to be provided to the Shinnecock Service Unit.

b. Work is to be performed at the contractor’s location and they shall furnish all necessary equipment to provide a comprehensive eye examination. No eye examination type Government Furnished Equipment is currently available for this requirement.

c. The Contractor will coordinate care for an approved yearly comprehensive examination, to include diabetic retinopathy screening, and will provide a selection of 50 frames for use within this scope of work (20 male, 20 female, and 10 children).

d. The contractor is fully responsible for verifying and validating all information contained within this scope.

e. This contract is for a comprehensive eye exam and optical fabrications only.

f. Exams must be performed by a Board Certified Optometrist who has the capacity to write a prescription for optical enhancement devices.

C.5. Reporting Requirements:

A report for each encounter will be faxed or mailed to the designated Federal Service Unit within 7 days after the visit. The contractor will provide the appropriate Service Unit (SU) with any and all reports should additional services be medically necessary within 7 business days following initial appointment for medical staff at the SU to follow-up on.

C.6. Standards:

All work shall conform to, and comply with, the latest edition/version of ALL applicable federal, state, and local laws, rules, regulations, codes, and standards.

The contractor will comply with the ANSI Z80.1—2010 Standard (which will be in effect until next year) has the following scope:

This standard applies to the processing of all prescription ophthalmic spectacle lenses in edged or assembled form. It is a processing guideline for optical laboratories applicable to prescription eyewear prior to transfer for dispensing and for the dispenser prior to the delivery of the finished eyewear to the patient.

Licensed/Board Certified Optometrist with current credentialing to perform optical examinations as described above.

The contractor shall have the ability to fit test and make adjustments to all glasses when requested by the patient at no cost.

C.7. Contractor Requirements:

The Contractor agrees to maintain as required by law accurate medical records, which sufficiently and properly reflect the SERVICES performed. Such medical records shall be faxed to the SU and shall be subject to retention by SU in accordance with all federal, state, and local laws applicable to medical records. Comment by Ralph Ketcher: Insert SU name Comment by Ralph Ketcher: Insert SU name Contractor shall provide and maintain malpractice and such other insurance during the period of this contract, at no additional cost to the Government. All insurance required by the contract shall be in a form and amount as Contracting Official may deem necessary as per the Federal Acquisition Regulation (FAR) 52.237-7 “Indemnification and Medical Liability Insurance” clause states.

C.8. Responsibilities:

a. The Contractor shall provide patients one pair of eyeglasses per year. Add-ons/Specialty Lens will not be authorized without medical justification and prior approval by the SU. The patient upon their own request may choose to have add-ons done at their own expense with no additional cost to government. Services should include following fitting and adjustments when necessary.

b. The Contractor shall provide with its proposal a catalog of available eyeglass frames. A display of selected frames shall be provided for patients to select from.

c. Contractor shall provide spectacle frames and lens to include scratch resistant coatings on all plastic lens and a 1 year warranty on frame and lens at no additional charge.

d. Referenced above, the frames for display shall include a variety of mid-range frames suitable for men, women, and children.

e. Lens shall be fabricated to the exact specifications provided by the prescription received from the Optometry exam or like department. Optical fabrications prescriptions shall be filled if provided from another location, provided the RX provided is from a board certified Optometrist or Ophthalmologist.

f. Lens prescription changes shall be provided at no additional charge within 90 days of the original order.

g. All frames and lens shall include a 1 year warranty based on industry standards.

h. Completed frame and lens orders shall be delivered in person (if adjustments are required) or by mail with shipment tracking to the Service Unit within 7 days of receipt of order. The contractor shall notify the Service Unit of any unexpected delays.

i. Contractor shall inspect final lens to ensure lens correctly matches accompanying prescription order.

C.9 Contractor Qualification Requirements:

Contractor shall be a certified laboratory with the ability to complete the requirements set forth within this scope.

C.10 Rates of Payment:

Contracted rates shall be established at an all-inclusive rate (including shipping and handling) for the following:

a. Single vision lens (monovision) with plastic, polycarb (children, elderly, or visually impaired), without transition.

b. Bi-focal lens with line.

c. Tri-focal lens with line.

d. There shall be no additional charge to the package pricing for oversize, high powers or prisms.

All invoicing shall be invoiced on a totaled completed monthly service and be submitted as identified in section G. 3.

C.11 Government Furnished Information, Property and Services:

The contractor shall provide display case for frame display.

C.11 Points of Contact:

Shinnecock Service Unit Anthony Hunter – 631-283-1446

D. Packing and Marking

D.1. CORRESPONDENCE

All data and correspondence submitted to the Contracting Officer or the Contracting Officer's Representative (COR) shall reference the contract number and the name of the Contract Specialist and/or COR as appropriate. A copy of all correspondence sent to the COR shall be provided to the Contracting Officer.

D.2. PACKAGING AND FORMAT

All work files must be provided in original data format to the COR (e.g. Portable Document Files (PDF), spreadsheets, Word documents) Non electronic files will be packaged and marked in accordance with the best commercial practice necessary to ensure safe and timely delivery at destination.

E. Inspection and Acceptance

E.1 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

(a) Definitions. Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or (2) terminate the contract for default.

F. Delivers or Performance

The Contractor shall submit the following items in the quantities stipulated and within required time frames to the

COR:

ITEM DESCRIPTION QUANTITY DATE

1. Routine various deliverables from the Contractor Original As required by COR

G. Contract Administration Data

G.1. MODIFICATIONS

The Contracting Officer (CO) is the only person authorized to approve changes or modify any of the requirements contained in this contract. In the event the contractor effects any such change at the direction of any other person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract costs to cover any increase incurred as a result thereof. Contractual problems, of any nature, that may arise during the life of this contract must be handled in conformance with very specific public laws and regulations (i.e., Federal Acquisition Regulation). Only the CO is authorized to formally resolve such problems. The Contractor must bring all such contractual problems to the immediate attention of the CO. Requests for modifications of this contract must be sent to the CO with a copy sent to the COR as designated in the COR appointment letter.

G.2. GOVERNMENT POINTS OF CONTACT

I. Contracting Officer:

All contract administration will be effected by the Contracting Officer. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer authorizing such changes.

II. Contracting Officer Representative (COR):

A COR will be designated on authority of the Contracting Officer to monitor and coordinate all technical aspects and assist in the administration of the contract. All contacts with all agencies of the Government and interfacing with other contractors required in the performance of this contract will be accomplished only through the direction and with the coordination of the COR. A letter of designation will be issued to the COR with a copy supplied to the Contractor, stating the responsibilities and limitations of the COR.

G.3. INVOICING INSTRUCTIONS

The Contractor shall submit invoices after services received. A complete invoice with all required back-up documentation shall be sent, electronically via e-mail or by regular postal mail to:

Accounting Technician, Brianne Denson, brianne.denson@ihs.gov, Indian Health Service, Nashville Area, 711 Stewarts Ferry Pike, Nashville, TN 37214 Contract Officer’s Representative (COR), Anthony Hunter, anthony.hunter@ihs,gov , Indian Health Service, Shinnecock Service Unit.

Contract Officer: Donna S. Harjo, donna.harjo@ihs.gov, Indian Health Service, Nashville Area, 711 Stewarts Ferry Pike, Nashville, TN 37214 For invoices submitted by email: the subject line of your email invoice submission shall contain the contractor name, contract/order number, and invoice number (e.g. Company Name, Contract #, Invoice #123). The Contractor shall send one email per contract/order after completion. The email may have multiple invoices for the contract. Invoices must be in one of the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF, TIFF, or Word).

H. Special Contract Requirements

H.1. Contact with Indian Children

Individuals providing services which involve regular contact with or control over, Indian children, are subject to a character investigation. IHS Personnel Office will conduct these investigations following the award unless in the judgment of the Contracting Officer, in consultation with the Personnel Officer, investigation may be waived based on prior investigations on file. Until the Contracting Officer has been notified of the result of the investigation, such individuals shall not have unsupervised contact with Indian children.

The contractor must perform in accordance with Section 231 of the Crime Control Act of 1990, P.L. 101-647 and the Indian Child Protection and Family Violence Prevention Act, P.L. 101-630, and failure to comply with these statutes will result in immediate removal.

H.2. Business Associate Agreement

The Successful Offeror shall be required to enter into a Business Associate Agreement with the Indian Health Services, see Section J.

H.3. Background and Credentialing

The Successful Offeror Shall be required to complete and pass the background check and credentialing process of Indian Health Service for contract providers. This includes State child welfare checks for all states for the past 5 years, a full background investigation, and others.

H.4. Liability, Licensure, Insurance, and Compensation.

Contractor shall provide and maintain malpractice and such other insurance during the period of this contract, at no additional cost to the Government. All insurance required by the contract shall be in a form and amount as Contracting Official may deem necessary as per the Federal Acquisition Regulation (FAR) 52.237-7 “Indemnification and Medical Liability Insurance” clause states.

If any malpractice suit or action is filed or any claim is made against Contractor for treatment of any patients referred by the Government, Contractor shall immediately notify Contracting official and promptly furnish copies of all pertinent papers received.

Contractor shall authorize the Government representative to collaborate with counsel for the insurance carrier in settling or defending any claim To collaborate with counsel for the insurance carrier in settling or defending any claim. The Government shall not be required to pay or withhold any tax in respect of or out of the income of Contractor. Contractor and Indian Health Service, Nashville Area, agree and acknowledge that the IHS, NAO are not providing and shall have no obligation to provide health, life, worker’s compensation, or disability insurance, pension benefits, vacation, or sick leave pay, training or any other personal benefit of any kind as request is for a contracted service.

Contractor understands that the government does not pay any IRS requirements (taxes), insurance or any other benefits for the contractor under this contract. This is in accordance with (FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (Apr 2003) and FAR 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (NONCOMPETITIVE CONTRACT [APR 2003]). Clauses may be assessed electronically at https://www.acquisition.gov/far/index.html

1. Contract Clauses

52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-13 Contractor Code of Business Ethics and Conduct. (OCT 2015) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2018) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) 52.215-19 Notification of Ownership Changes. (OCT 1997) 52.216-24 Limitation of Government Liability. (APR 1984) 52.217-8 Option To Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30.

52.217-9 Option To Extend the Term of the Contract. (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 Years.

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

(a) Definition.

Small business concern, as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

52.219-14 Limitations on Subcontracting. (JAN 2017)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for-

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

52.222-3 Convict Labor. (JUN 2003) 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018) 52.222-17 Nondisplacement of Qualified Workers. (MAY 2014) 52.222-21 Prohibition of segregated facilities. (APR 2015) 52.222-26 Equal Opportunity. (SEP 2016) 52.222-35 Equal Opportunity for Veterans. (OCT 2015)

(a) Definitions. As used in this clause- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-37 Employment Reports on Veterans. (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) 52.222-41 Service Contract Labor Standards. (AUG 2018)

(a) Definitions. As used in this clause- Contractor when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Government Prime Contractor." Service employee means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in part 541 of title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in subpart C of 29 CFR part 4.

(c) Compensation. (1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein 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) 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 class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request for Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this subparagraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract.

(vi) Upon discovery of failure to comply with subparagraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of Compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to Furnish Fringe Benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under subparagraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with subpart D of 29 CFR part 4.

(e) Minimum Wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether Labor the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor Contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(g) Notification to Employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of 41 U.S.C. 6703 and of this contract.

(h) Safe and Sanitary Working Conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR part 1925.

(i) Records. (1) The Contractor and each subcontractor performing work subject to the Service Contract Labor Standards statute shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, a record of the following:

(i) For each employee subject to the Service Contract Labor Standards statute -

(A) Name and address and social security number;

(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;

(C) Daily and weekly hours worked by each employee; and

(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.

(i) Records. (1) The Contractor and each subcontractor performing work subject to the Service Contract Labor Standards statute shall make and maintain for 5 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, a record of the following:

(i) For each employee subject to the Service Contract Labor Standards statute -

(A) Name and address and social security number;

(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;

(C) Daily and weekly hours worked by each employee; and

(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.

(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases.

(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(j) Pay Periods. The Contractor shall unconditionally pay to each employee subject to the Service Contract Labor Standards statute all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this statute may not be of any duration longer than semi-monthly.

(k) Withholding of Payments and Termination of Contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Service Contract Labor Standards statute all or part of the wages or fringe benefits due under the Service Contract Labor Standards statute, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost.

(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Service Contract Labor Standards statute.

(m) Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof.

(n) Seniority List. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names, of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract.

(o) Rulings and Interpretations. Rulings and interpretations of the Service Contract Labor Standards statute are contained in Regulations, 29 CFR part 4.

(p) Contractor's Certification. (1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under 41 U.S.C. 6706.

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under 41 U.S.C. 6706.

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(q) Variations, Tolerances, and Exemptions Involving Employment. Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to 41 U.S.C. 6707 prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business.

(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise 6703(1) without diminishing any fringe benefits or cash payments in lieu thereof required under 41 U.S.C. 6703(2), in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, persons with disabilities, and disabled clients of work centers under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525).

(2) The Administrator will issue certificates under the statute for the employment of apprentices, student-learners, persons with disabilities, or disabled clients of work centers not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two statutes, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525).

(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR parts 525 and 528.

(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship and Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program.

(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by 41 U.S.C. 6703(1), in accordance with section 3(m) of the Fair Labor Standards Act and Regulations 29 CFR part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January l, 1981. To use this provision - (1) The employer must inform tipped employees about this tip credit allowance before the credit isutilized;

(2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received);

(3) The employer must be able to show by records that the employee receives at least the applicable Service…