36C25619Q0494-000.docx

36C25619Q0494 FedBizOpps Combined Synopsis/Solicitation Notice

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 S Linen Trans Vac Chute Repairs 77030 4298 36C25619Q0494 03-28-2019 N 541420 Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298 Shasta Britt Contract Specialist shasta.britt@va.gov Department of Veterans Affairs Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston, Texas 77030

USA

shasta.britt@va.gov shasta.britt@va.gov

SECTION A - COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Contracting Office Address Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-01 (effective 01/22/2019).

The associated North American Industrial Classification System (NAICS) code for this procurement is 541420, with a small business size standard of $7.5 million.

SB registration will be verified in System Award Management (SAM) and Small Business Administration (SBA).

SDVOSB registration will be verified in Vendor Information Pages (VIP).

Quotes will be considered non-responsive and rejected if the Contracting Officer is not able to verify and view contractor registrations in SAM and VIP.

The Department of Veterans Affairs (VA) at the Michael E. DeBakey VA Medical Center (MEDVAMC) to provide all labor, equipment, tools, supervision transportation, administration, parts and materials to repair the TransVac linen chute system.

Period of Performance dates: April 1, 2019 thru July 30, 2019.

Site visit is scheduled for March 21, 2019 at 10:00am (CT) Location: Michael E. DeBakey VA Medical Center, 2002 Holcombe BLVD, Houston, TX 77030; parking in the Contractor Parking Lot, will meet in building #100 in the Laundry Break Room #BC310-100.

Questions are due March 22, 2019 by 2:00pm (CT).

An amendment will be posted to the solicitation afterward with all questions and answers.

If there are no questions, an amendment will not be posted.

All interested companies shall provide quotation(s) for and complete the following:

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR INFO:

i. Company Name:_________________________________________________

ii. ATTN/POC Name:________________________________________________

iii. Address:________________________________________________________

iv. Phone: _________________________________________________________

v. Email:__________________________________________________________

vi. DUNS: _________________________________________________________

vii. Tax ID: _________________________________________________________

viii. GSA/FSS, NAC, SEWP Contract# (if applicable): _________________________

b. Section B- PRICE/COST SCHEDULE, unit price, amount and grand total

c. Section D- Past Performance Questionnaire and Relevant Experience

d. Section E- 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS:

i. Paragraph (c) Offerors shall complete, if not already completed through SAM.

ii. Paragraph (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, if not already completed through SAM.

e. Submission of Performance Plan and Work Schedule.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

(End of Submission Requirements) (End of Section A)

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SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall provide all parts and software to repair Trans Vac Linen Chute: 100 HP Motor, Durapulse GS3 Drive, PLC, I/O, Power Supply, Touchscreen, Cables, Bearings, and Sleeves.

Contract Period: Base POP Begin: 04-01-2019 POP End: 07-30-2019

Contractor shall provide all labor in programming drive and controls in support of repairs for the Trans Vac Linen Chute.

Contractor shall provide all installation service for motor and cabinets in support of repairs for the Trans Vac Linen Chute.

Contractor shall provide electrical 3 phase conductors replacement to service disconnect in support of repairs for the Trans Vac Linen Chute.

Contractor shall provide operator and maintenance training for VA personnel in support of the new repairs for the Trans Vac Linen Chute.

GRAND TOTAL

B.2 STATEMENT OF WORK (SOW)

1. GENERAL:

1.1 Introduction: The contractor shall provide all labor, equipment, tools, supervision transportation, administration, parts, personnel and materials to repair the TransVac linen chute system at the Michael E. DeBakey VA Medical Center (MEDVAMC) in Houston, Texas. The current system is non-operable. The system is located in the VA laundry in the basement of Building 100 at the MEDVAMC. This work includes replacement of 100hp motor compatible with existing system, a Durapulse GS3 Drive (or approved equal), a PLC, I/O, power supply, touchscreen, programming drive, and controls, motor and cabinet, perform balance test on Vortex fan prior to installation, miscellaneous parts (including chute door parts), cable, bearings, sleeves, electrical three phase sub-replacement to service disconnect and operator training on the new system. Contractor shall provide VA personnel with a minimum eight-hours training on the new system.

1.2 Background: The laundry at the MEDVAMC is located in the basement of Building 100 and processes approximately 4,000,000 plus pounds of laundry per year and has approximately twenty (20) staff. The laundry operates for about fifteen (15) hours per day Monday thru Friday. MEDVAMC Houston Swisslog TransVac Linen Chute System currently has twelve (12) existing chute doors which carry linen from each floor to the central laundry plant located in the basement. This system operates twenty (20) hours per day, seven (7) days a week. It consists of a two (2) hour fire rated discharge assembly, twelve (12) chute access doors (two (2) per floor), a large blower assembly, and a central control system located in the laundry area of the basement. The system is currently out of operation and shall be repaired with minimal interruptions to the existing laundry chute system and the hospital operations. The Contractor shall provide all work as listed above and address the following scope of services.

1.3. Scope of Services:

(a) Contractor shall provide all parts, tools, materials and equipment for services as listed in the paragraphs above. A listing of chute door parts to provide under this contract is in Paragraph 1.3. (p) below.

(b) The contractor shall complete and pass a Security background test prior to performing work through the VA Contractor Badging process at the MEDVAMC.

(c) Coordinate all work with the COR and laundry plant manager.

(d) The Contractor shall confine all operations on Government premises to areas authorized or approved by the Contracting Officer or his/her representative.

(e) Execute work so as to interfere as little as possible with normal functioning of MEDVAMC operations as a whole.

(f) The Laundry area and all floors shall be occupied during performance of work.

(g) The contractor shall have five years’ experience in repairing linen chute systems and controllers used in linen chute systems.

(h) Contractor shall provide all labor, parts, materials, equipment and supervisor necessary to repair the Trans-logic linen chute system in the laundry with minimal interruption.

(i) Contractor shall supply a control system as described above, all necessary hardware, software, and licensing agreements needed for proper operation.

(j) The contractor shall conduct training for current VA maintenance staff to include but not limited to operator training, technical manual orientation, troubleshooting, fault localization, fault isolation, as well as parts removal and replacement procedures.

(k) The contractor shall provide a warranty with a minimum of one-year parts, labor and replacement on all new equipment.

(l) The contractor shall provide all necessary technical documentation for all the primary equipment and anything associated with the system required for maintenance and repair.

(m) The contractor shall include security clearance information on installation and test personnel by ensuring they are all properly badged through the VA Contractor badging process.

(n) Contractor’s Personnel shall not be considered government employees for any purpose.

(o) Government shall delegate a Contracting Officer Representative (COR) after award, for administration to include monitoring the Contractor’s performance of the technical requirements of the contract to assure that performance is strictly within the scope of the contract.

(p) The contractor shall provide the following chute door parts:

1.4. Period of Performance: The period of performance for this work is 45 days from issuance of Notice to Proceed from the Contracting Officer.

1.5. Place of Performance: The contractor shall perform the work under this contract in the laundry area of Building 100 at the MEDVAMC located in Houston, Texas.

2. CONTRACT REQUIREMENTS:

2.1 The contractor shall provide all labor, equipment, tools, supervision transportation, administration, parts and materials to repair the TransVac linen chute system at the MEDVAMC in Houston, Texas. This work includes replacement of 100hp motor compatible with existing system, a Durapulse GS3 Drive (or approved equal), a PLC, I/O, power supply, touchscreen, programming drive, and controls, motor and cabinet, perform balance test on Vortex fan prior to installation, miscellaneous parts (including chute door parts), cable, bearings, sleeves, electrical three phase sub-replacement to service disconnect and operator training on the new system. Contractor shall provide VA personnel with a minimum eight-hours training on the new system. Work shall also include supply of linen chute door parts as described in 1.3. (p) above.

2.2 Performance Measures: The contractor shall submit with technical proposal for approval a performance plan for all work covered under this contract. This plan shall include a work schedule, the staff proposed for completing the work and each staff members experience in performing this type of work, the proposed testing plan for commissioning the equipment once the work is completed, and the proposed training plan for training VA staff on proper operation.

2.3 The contractor shall provide operator training to all VA laundry staff. This training shall be based on the manufacturer’s recommended operation factors and should include a written synopsis of the recommended operational parameters to be provided to each VA employee in the training sessions. The contractor shall submit a sample operator training plan.

2.4 Contractor Performance Meetings: The Contracting Officers Representative (COR), and other Government personnel, as appropriate, shall meet periodically with the contractor to review the contractor's performance. At these meetings the COR shall apprise the contractor of how the government views the contractor's performance and the contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

2.5 Status Reports: The contractor shall submit a status report for progress of the repair by ever Friday from Notice to Proceed until services are complete. The report shall describe any difficulties or problems encountered, anticipated, or which previously existed that could alter the progression of work. The report shall include recommendations for resolution of problem areas. Any anticipated equipment or utility issues which could severely hamper the operation of the progress of the work shall be reported to the laundry plant manager immediately.

3. GOVERNMENT PERSONNEL OBSERVED HOLIDAYS:

3.1 The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

New Year's Day January 1 Martin Luther King's Birthday Third Monday in January

3.2 In addition to the days designated as holidays, the Government observes the following days: Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President’s Proclamation

4. PERFORMANCE STANDARDS:

4.1 Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

4.2 The Performance Parameter Chart below includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

(End of Statement of Work) 36C25619Q0494 (End of Section B) Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.4 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees’ fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Texas. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause) (End of Addendum to 52.212-4) (End of Section C)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

WD 15-5233 (Rev.-10) was first posted on www.wdol.gov on 08/14/2018

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts State: Texas Area: Texas Counties of Austin, Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, Waller **Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations

05000 - Automotive Service Occupations

07000 - Food Preparation And Service Occupations

09000 - Furniture Maintenance And Repair Occupations

11000 - General Services And Support Occupations

12000 - Health Occupations

13000 - Information And Arts Occupations

Administrator

14000 - Information Technology Occupations

15000 - Instructional Occupations

16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations

19000 - Machine Tool Operation And Repair Occupations

21000 - Materials Handling And Packing Occupations

23000 - Mechanics And Maintenance And Repair Occupations

Mechanic 23411 - Heating, Ventilation And Air Conditioning 23.62 Mechanic (Research Facility)

24000 - Personal Needs Occupations

Coordinator 24630 - Homemaker 16.84 25000 - Plant And System Operations Occupations

27000 - Protective Service Occupations

28000 - Recreation Occupations

29000 - Stevedoring/Longshoremen Occupational Services

30000 - Technical Occupations

Surface Programs 30621 - Weather Observer, Senior (see 2) 30.48 31000 - Transportation/Mobile Equipment Operation Occupations

99000 - Miscellaneous Occupations

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.48 per hour or $179.20 per week or $776.53 per month HEALTH & WELFARE EO 13706: $4.18 per hour, or $167.20 per week, or $724.53 per month* *This rate is to be used only when compensating employees for performance on an SCA- covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.

Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:

(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;

(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).

AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).

** HAZARDOUS PAY DIFFERENTIAL **

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

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

** UNIFORM ALLOWANCE **

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

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

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

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

** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard Form 1444 (SF-1444) ** Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be confirmed.

The process for preparing a conformance request is as follows:

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

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

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

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

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

6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall…