36C25026Q0562 0001_1.pdf

Amendment to a Previous Combined Solicitation

*= Required Field Amendment to a Previous Combined Solicitation

SUBJEC

T*

Updated Statement of Work Specialized Cleaning of IRM Data Center Room & Tile Louis Stokes Cleveland VAMC

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 45409-1337

SOLICITATION NUMBER* 36C25026Q0562

RESPONSE DATE/TIME/ZONE 08-24-2026 12:00pm EASTERN TIME, NEW

YORK, USA

ARCHIVE 60 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SBA

PRODUCT SERVICE CODE* S201

NAICS CODE* 561720

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 10

3140 Governor's Place Blvd

Suite 210

Kettering OH 45409-1337

POINT OF CONTACT* Contract Specialist

Jennifer Nowak

Jennifer.Nowak@va.gov

Email Questions Please.

PLACE OF PERFORMANCE

ADDRESS Louis Stokes Cleveland VA Medical Center

10701 East Blvd.

Cleveland OH

POSTAL CODE 44106

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL www.va.gov

URL DESCRIPTION VA Homepage

AGENCY CONTACT’S EMAIL ADDRESS Jennifer.Nowak@va.gov

EMAIL DESCRIPTION Contract Specialist Point of Contact (POC)

DESCRIPTION

The purpose of this solicitation amendment is to change the PWS (Performance Work Statement) from 36C25026Q0562 to the below SOW (Statement of Work) and answer Questions received shown below. Clauses and Solicitation Provisions from original RFQ still apply.

Updated SOW (Statement of Work)

Background: The contractor shall provide cleaning of the IRM Rooms at the Cleveland VAMC located at 10701 East Boulevard 3rd Floor and the EUL Building located at 1620 East 105th Street Cleveland Ohio, 44106 Lower Level.

Scope:

Vendor will provide top of tile care maintenance and cleaning in room 3A-133 and the IRM Data Center located in the Administrative Building of the Louis Stokes Cleveland VA Medical center, two (2) times a year (November and May) identical scope, comprehensive cleaning. There will be no site visit under this solicitation, no map is available for this area.

Data center server space room 3A-133 is approximately 1316 sf and BM660 OIT is approximately 5803 sf.

Cleanings will include but not limited to:

Top of tile cleaning in both rooms using a non-ionic (non-static producing) solution.

Remove any scuffs or stains.

Perform Sub-floor cleaning The contractor is required to perform sub-floor cleaning, and top of tile cleaning Vacuum top of all tiled services Tacky rolled top of all tiled areas Dust under hardware with anti-septic cloths Dust under flooring with low particulate generating wipes.

Vacuum under all sub-flooring, dust under flooring, remove any debris under flooring o To include walls, floors, vents, pipes, conduit etc.

Remove any debris under flooring and clean perforated airflow panels in rooms Clean perforated airflow panels Clean exterior and interior of hardware cabinets Clean screens, keyboards, and monitors, clean all flat surfaces Clean interior windows and doors, remove any scuffs and/or stains.

Special attention given to stringers using a two-step method, vacuuming and wiping with low particulate generating wipes Clean exterior of any hardware or cabinets in both rooms including both sides of cabinet doors using non-ionic cleaner preventing static charge Clean any screens, keyboards, monitors using lint-free dusting cloths and non-ionic cleaning solutions.

Clean all flat surfaces, entrance doors, windows, The above methods should remove all loose dirt, dust and debris from the top surface of the raised access floor. This methodology ensures that all contaminants are removed and not directed from one area to another or back into the sub-floor during the cleaning process.

Computer Room Sub-Floor Cleaning: Vendor is required to maintain the structural integrity of the raised access flooring during our cleaning process. The best practice to accomplish this part of the project is to normally remove only one tile (per service technician) at a time except when it is necessary to access a difficult to reach area.

Methodology

All cleaning methods shall:

Use non-ionic, non-static producing solutions to protect sensitive equipment.

Ensure removal of contaminants and prevent redistribution or introduction of dust/debris during the cleaning process.

Follow best practices to preserve the structural integrity of raised access flooring.

Additional Requirements

The Contractor must supply all labor, materials, and equipment.

The Contractor must comply with all VA and facility regulations pertaining to safety, security, and confidentiality of VA Sensitive Data.

The Following Federal legal holidays are observed by this facility: *Any holidays falling on Saturday will be observed on the preceding Friday; holidays falling on Sunday will be observed on the following Monday.

New Year’s Day Martin Luther King’s birthday Juneteenth National Day

Memorial Day President Washington’s Day Labor Day

Independence Day Veteran’s Day Christmas Eve

Columbus Day Thanksgiving Day Christmas Day

Responsibilities: The government resources shall have responsibilities for the implementation of this contract as follows:

Contracting Officer: The contracting officer ensures performance of all necessary actions for effective contracting and ensures compliance with the terms of the contract and safeguards the interests of the United States in the contractual relationship. It is the contracting officer who assures that the contractor receives impartial, fair, and equitable treatment under the contract.

The contracting officer is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

COR: The COR or Site Point of Contact (POC) is responsible for technical administration of the contract and assures proper government surveillance of the contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the government’s behalf. Any changes that the contractor deems may affect contract price, terms, or conditions shall be referred to the contracting officer for action.

Cleanings will be scheduled with assigned COR/POC beforehand and COR/POC will escort contractors to areas.

Methods of Surveillance: The methods of surveillance below shall be used in the administration of this contract.

• Periodic Surveillance by Site Point of Contact (POC) generally the COR as well.

The POC is the point of contact and will collect all customer complaints. The POC will review all complaints and contact the originator to determine the validity of any claims. Customer complaints will become a permanent part of the POC surveillance records.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMB

ER

DESCRIPTION

OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

0001 1.00 JB ______________

Base Year: Specialized Cleaning per SOW (statement of work) Contract Period: Base POP Begin: 10-05-2026 POP End: 10-04-2027 PRINCIPAL NAICS CODE: 561720 - Janitorial Services PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial

0002 1.00 JB ______________

Option Year 1: Specialized Cleaning per SOW (statement of work) Contract Period: Option 1 POP Begin: 10-05-2027 POP End: 10-05-2028 PRINCIPAL NAICS CODE: 561720 - Janitorial Services PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial

0003 1.00 JB ______________

Option Year 2: Specialized Cleaning per SOW (statement of work) Contract Period: Option 2 POP Begin: 10-05-2028 POP End: 10-04-2029 PRINCIPAL NAICS CODE: 561720 - Janitorial Services PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial

0004 1.00 JB ______________

Option Year 3: Specialized Cleaning per SOW (statement of work) Contract Period: Option 3 POP Begin: 10-05-2029 POP End: 10-04-2030 PRINCIPAL NAICS CODE: 561720 - Janitorial Services PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial

0005 1.00 JB ______________

Option Year 4: Specialized Cleaning per SOW (statement of work) Contract Period: Option 4 POP Begin: 10-05-2030 POP End: 10-04-2031 PRINCIPAL NAICS CODE: 561720 - Janitorial Services PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial

GRAND TOTAL ______________

Question and Answer Section:

Deadline for any further questions: 8/17/2026 by 12:00 pm Eastern Standard Time. Packages to be emailed by deadline 8/24/26 12:00pm EST.

1. What is the name of the current contractor for this contract? See answer to # 8.

2. Will there be a scheduled site visit for this opportunity? No site visit for this opportunity.

3. What will be the anticipated award date for this contract? 1st week of October with first performance being in November upon scheduling.

4. What will be the anticipated start date for this contract? See answer to #3.

5. What is the current monthly or total annual awarded amount for this contract? See answer to question 8.

6. Have funds been appropriate for this opportunity? Yes.

7. Is this an existing contract? Yes.

8. What is the current contract number? 36C25022C0017 publicly posted.

9.Are the approximate square footages (1,316 SF and 5,803 SF) the total raised-floor cleaning areas, or are there additional adjacent spaces included? Approximate square footage is the total of the room size.

10.Will the contractor have unrestricted after-hours access, or must all work be performed during specific hours? No, unrestricted after-hour access. All work will be completed during normal business hours.

11.Are there any required security clearances, background checks, or badging requirements for contractor personnel? No security clearances, background checks, or badging as all contractor personnel will check in with COR/POC and be escorted and let into each room.

12.Is there a preferred cleaning schedule for the November and May service visits?

Cleaning dates and times will be pre-determined by contacting and communicating with site

POC/COR.

13.Are all required non-ionic cleaning solutions and anti-static materials contractor-furnished? Yes.

14.Is there an incumbent contractor, and if so, can the Government provide the previous contract number? See question answer number 8.

15.Will Government personnel escort the contractor during all work? Yes.

16.Are there any restrictions regarding equipment noise or power usage while servers remain operational? No.

17. Will temporary staging or storage space be available during performance? No.

18. Are photographs of completed work required for acceptance? No. Check in and out will be completed with site point of contact.

19. is the contractor responsible for cleaning the 2 Liebert Cabinets in 3A-133 OIT, 10 Liebert’s in BM660OIT and the racks maintained by the VA? Only wiping down outside as shown in scope above in SOW.

20. Can you please clarify the expected time frame for completing the cleaning?

Cleanings will be coordinated with site POC and can be determined after award together.

21. Did the past award include 2 cleanings a year? Yes. See contract number in answer to question 8.

22. Does this contract require specific insurance types/minimum limits, and if so, where are they specified? Adhere to state and federal guidance regarding insurance requirements.

23. Are personal site visits allowed, please instruct me on how to submit a formal request: No site visits for this solicitation.

24. Will the government add the Service Contract Act clauses to the solicitation? Yes, all clauses will be in the contract sent to contractor who will review 52.222-41

25. Will FAR 52.222-43 (wage increase) be added to the contract? This contract IGCE does not show that we will exceed the SAT we will not be adding this clause. Please price your option years accordingly.

26. Which revision of the wage determination should we use to price this quote? 15-4727 found on SAM.gov.

27. Does any executive order minimum wage apply to this contract? Executive order 14026 was revoked by Executive Order 14236 3/14/2025. As of today’s date, no executive order minimum wage floor is enforced. The wage floor is set by the current wage determination’s occupations rates #2015-4727. If any future EO regulatory changes affect federal contract wages the solicitation and/or contract will be amended accordingly.

28. Which job classification on the wage determination applies to this work? The Government considers this work to fall under the 11150 Janitor classification. If a conformance action becomes necessary, SF 1444 will be used in accordance with FAR 52.222-41(c)(2).

29. Will the government provide the statement of equivalent rates for federal hires FAR 52.222-42?

The exact pay rate can vary by location due to locality pay and the FAR clause is informational

– the minimum wage and fringe benefits are governed by the SCLS wage determination for that geographic location. To find the actual rates you need reference OPM GS pay tables. The controlling wage floor is set by the DOL wage determination. In compliance with the Service Contract Labor Standards statute and regulations, the following information is provided:

Employee Class Monetary Wage—Fringe Benefits

Janitor (GS-2) $16.15 per hour - $4.41 per hour

This statement is for information only. It is not a wage determination.

30. Are the workers who perform this work now covered by a union contract? No. Prior contract was a Base+4 Firm Fixed Price.

31. Will the winning contractor be required to offer jobs to the current contractor’s employees? No.

32. Will the government consider past performance from key personnel, a subcontractor, a teaming partner, or a predecessor company? The government may consider past performance information from a variety of relevant sources, including, but not limited to, the offeror itself, key personnel, subcontractors, teaming partners, and predecessor companies— provided that such past performance is clearly relevant to the requirements of this solicitation.

Ultimately, the government reserves the right to determine the relevance and weight of all submitted past performance information.

33. What are the evaluation factors and how are they weighted? “other factors” are anything besides technical capability, past performance and price such as small business participation, management approach, other socioeconomic considerations pertinent to VA regulations with no one factor being more important.

34. What exactly must we submit, and is there a page limit? 52.212-1 states “submit signed and dated offer (1st page of 1449) with your name, address, information filled in on page 3 including your UEI. Include pricing in the line items within the document or on your own quote document to align with the request for quote line-item parameters. You can include any information such as past performance examples (contract numbers) or a capabilities statement.

I have no page limit set on this RFQ and do not typically set a page limit.

35. Is a Quality Assurance Surveillance Plan available? Not being used in this contract.

36. What condition is the sub-floor in? Good condition any discrepancies should be pointed out immediately to site COR/POC.

37. Is replacing broken tiles part of this contract? No.

38. What insurance is required, and who is liable if VA equipment is damaged? For janitorial service contracts at the VA, the government typically requires the contractor to carry the following types of insurance, in accordance with FAR 28.307 and VAAR 852.228-71:

Worker’s Compensation and Employer’s Liability in accordance with applicable Federal and State laws. General liability insurance (bodily injury liability insurance). The contractor is responsible to the Government for VA property or equipment damaged due to negligence or improper performance.

39. How much time will there be between award and first cleaning? Award expected first week of October with first cleaning being scheduled in November.

40. Clarify NAICS code – 561720 Janitorial Services $22M

41. Clarify due date of this RFQ: 8/24/2026 noon 12:00 pm Eastern Standard Time.

A.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT—REGISTRATION

(DEVIATION) (NOV 2025)

The Offeror shall have an active Federal Government contracts registration in the System for Award Management (SAM) when submitting an offer or quotation in response to this solicitation and at the time of award. As part of the SAM registration process, the Government collects information, as described in paragraphs (b) through (d) of this provision, that is necessary to identify the Offeror and for the Offeror to be awarded Federal Government contracts. To register in SAM, go to https://www.sam.gov. Allow for processing time when registering in SAM. If the Offeror is not registered in SAM, it should register immediately after receiving this solicitation.

(a) Definitions. As used in this provision—

Commercial and Government Entity (CAGE) code has the meaning provided in the clause at the Federal Acquisition Regulation (FAR) 52.204-13, System for Award Management— Maintenance, of this solicitation.

Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).

Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.

Taxpayer identification number means the number required by the Internal Revenue Service (IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification Number.

Unique entity identifier (UEI) has the meaning provided in the clause at FAR 52.204-13, System for Award Management—Maintenance, of this solicitation.

(b) Identifiers. The Offeror shall obtain and provide the following identifying information:

(1) Unique entity identifier (UEI).

(i) The Offeror shall obtain a UEI to register in SAM. The Government will independently validate the existence and uniqueness of the Offeror before assigning a UEI to the Offeror. Go to https://www.sam.gov for instructions on obtaining a UEI.

(ii) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the UEI that identifies the Offeror's name and address exactly as stated in the offer. The Offeror shall also enter its EFT indicator, if applicable.

(iii) The Contracting Officer will use the UEI to verify that the Offeror has an active Federal Government contracts registration in SAM.

(2) Taxpayer identification number (TIN).

(i) The Offeror shall provide its TIN or related information to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d); reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M; and implementing regulations issued by the IRS. The Offeror shall consent for TIN validation; and

(3) Commercial and Government Entity (CAGE) code.

(i) The Offeror shall provide a CAGE code and legal business name (Do not use a “doing business as” name) for—

(A) Itself;

(B) Its immediate owner(s), if any;

(C) Its highest-level owner, if any; and

(D) Any predecessor(s), or predecessor of an Offeror’s predecessor, that held a Federal contract or grant within the last three years.

(ii) If the Offeror is in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA CAGE Branch will assign a CAGE code to the Offeror as a part of the SAM registration process. For information on obtaining a CAGE code go to https://cage.dla.mil/.

(iii) The Offeror shall get from any immediate and/or highest-level owner(s) their respective CAGE code(s) to provide the code(s) as part of the registration (FAR 52.204-7(b)(3)(i)).

(iv) If the Offeror is located outside of the United States or its outlying areas, and does not already have a CAGE code assigned, the Offeror may obtain a CAGE code as indicated in the following table.

If the Offeror is… Then…

Located in a country that is a member of the North Atlantic Treaty Organization (NATO) or a sponsored nation

Contact the appropriate National Codification Bureau (https://www.nato.int/structur/ac/135/about/contacts)

Located in a country that is not a member of NATO or a sponsored nation

Contact the NATO Support and Procurement Agency

(NSPA)

(https://eportal.nspa.nato.int/AC135Public/scage/Cag eList.aspx)

(c) Representations and certifications.

(1) The following FAR solicitation provisions contain entity-level representations and certifications that the Offeror shall submit as part of their Federal Government contracts registration in SAM:

Provision Title Date

52.204-5 Women-Owned Business (Other Than Small Business)

Oct 2014

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation

Nov 2015

52.209-5 Certification Regarding Responsibility Matters Aug 2020

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

Feb 2016

52.219-1 Small Business Program Representations Feb 2024

52.219-1 Alt I Small Business Program Representations, with its Alternate I

Feb 2024

52.219-1 Alt II Small Business Program Representations, with its Alternate II

Mar 2023

52.226-2 Historically Black College or University and Minority Institution Representation

Oct 2014

(2) By submitting its offer, the Offeror verifies that, as of the date of its offer, its representations and certifications posted electronically in SAM for the provisions listed in paragraph (c)(1) of this provision are current, accurate, and complete. The Offeror’s representations and certifications in SAM are hereby incorporated by reference into its offer.

(d) Other information. The Offeror shall provide more information on its business operations and type that is necessary to be considered for award of certain contracts and financial information necessary to receive payment under contracts.

(End of Provision)

A.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

(NOV 2023)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR)

3.900 through 3.905.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

(End of Clause)

A.3 52.222-41 SERVICE CONTRACT LABOR STANDARDS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

"Contractor" when this clause is used in any subcontract, must 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 must be paid not less than the minimum monetary wages and must 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 must 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 must 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 must be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor must 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 must 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 must be transmitted to the Contracting Officer who must promptly notify the Contractor of the action taken. Each affected employee must be furnished by the Contractor with a written copy of such determination or it must 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 must 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 must 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 must 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 must make a final determination of conformed classification, wage rate, and/or fringe benefits which must 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 must 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 the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor 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 4.1 b(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 must 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 must be effective as of the date of the final administrative decision.

(g) Notification to employees. The Contractor and any subcontractor under this contract must 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 must post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) must 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 must 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 must 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 must 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.

(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 must 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, must take action to cause suspension of any further payment or advance of funds until the violation ceases.

(4) The Contractor must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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 must also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer must 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 Representation.

(1) By entering into this contract, the Contractor (and officials thereof) represents 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 required by 41 U.S.C. 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 must 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 must 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 must 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 must not exceed $1.34 per hour beginning January 1, 1981. To use this provision—

(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized;

(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 Contract Labor Standards minimum wage through the combination of direct wages and tip credit; and

(4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of 41 U.S.C. 6707(c).

(t) Disputes concerning labor standards. The U.S. Department of Labor has set forth in 29 CFR Parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements.

Such disputes must be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(End of Clause)

A.4 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV

2025) (DEVIATION)

(a) Definition. Small business concern, as used in this clause—

(1) 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.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

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

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.4 and 16.5.

(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.

(End of Clause)

A.5 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

(End of Clause)

A.6 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT

LABOR STANDARDS-PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION

CONTRACTS) (NOV 2025) (DEVIATION)

(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.

(b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(c) The wage determination, issued under the Service Contract Labor Standards statute, (41 U.S.C. chapter 67), by the Administrator, Wage and Hour Division, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, must apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, must apply to this contract.

(d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the Contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of:

(1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour.