36C25718Q0120-00005000.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2.

AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE

OF PAGES

10A. MODIFICATION OF

CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

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

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV.

11/2016) is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITE M 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR

43.103(b).

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

C. THIS SUPPLEMENTAL AGREEMENT IS

ENTERED INTO

PURSUANT TO AUTHORITY OF:

D. OTHER

BY

Contractor

16C. DATE SIGNED

14.

DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

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

15A. NAME

AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS

OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) ne 00005 06-14-2018 None 36C257 Department of Veterans Affairs SAO West NCO 17 Medical Sharing Branch II 11495 Turner Road El Paso TX 79936-1372 Carlos Jaquez, Contract Specialist carlos.jaquez@va.gov 36C257 Same as Block # 6

To all Offerors/Bidders

36C25718Q0120 03-08-2018

X X X X The purpose for this amendment is to post questions and answers and update FAR Clause 52.222-42.

a. See continuation page for questions and answers.

b. See continuation page for udpdated FAR Clause 52.222-42.

c. All terms and conditions remain unchanged and in full force and effect.

Marisela Galarza Contracting Officer

CONTINUATION PAGE

Q5. Do the health and welfare payments listed on page 8 of the Register of Wage Determinations Under the Service Contract Act apply to part-time employees working fewer than 30 hours a week?

A5. The wage determination applies to all service employees who will be performing “on” the contract. A worker performs “on” the contract for the amount of time they are directly engaged in performing the specific work called for by the contract. It makes no difference whether the service employee is full or part-time to the employer. The relevant considerations are whether the service employee is performing “on” the contract and the associated number of hours worked on the covered contract each week. The wage and health & welfare requirements must be satisfied for all such time performed “on” the contract. Paid vacation and holidays may be vested/prorated according to DOL’s regulations, but the wage and health & welfare requirements apply to each hour worked on the contract.

Q6. Is there a minimum number of work hours per week that require these health and welfare payments to be made?

A6. No, the health & welfare requirement of the wage determination (currently $4.13 per hour) applies to each hour performed on the contract by service employees.

Q7. The food service workers are not providing direct service to the Veterans (or residential participants) such as the case manager, case manager tech, and night/weekend supervision staff will. The food service workers merely provide the food for the Veterans and participants to serve to themselves, cafeteria style. Do the health and welfare payments listed on page 8 of the Register of Wage Determinations Under the Service Contract Act apply to the food service workers?

A7. Based on the information provided, the food service workers only will be performing “in connection with” the contract as opposed to performing “on” the contract. Working “in connection with” the contract means the employee is engaged in duties necessary to the performance of the contract, but is not directly engaged in performing the specific work called for by the contract.

The wage determination doesn’t apply to workers who only perform “in connection with” the contract. When at least 20% of a food service worker’s time is spent performing “in connection with” the contract during a given workweek, that employee is entitled to the Executive Order 13658 minimum wage (currently $10.35) for the hours worked “in connection with” the contract. The employee also would begin to accrue Executive Order 13706 paid sick leave at the rate of 1 hour for every 30 hours performed “in connection with” the contract.

For example, if there were 16 veteran and 64 non-veteran clients in a given workweek, the food service workers would (on average) perform 20% of their time during that week “in connection with” the contract. In this example, on average, each food service worker would have performed 8 hours “in connection with” the contract during that week. The affected workers would be entitled to a minimum wage of at least $10.35/hour for those 8 hours. In addition, those 8 hours would count toward the accrual of paid sick leave. Different rules would apply to the accrual of paid sick leave for employers that choose to estimate the hours performed “in connection with” the contract in accordance with 29 CFR § 13.5 and 13.25. Please see FAR clauses 52.222-55 and 52.222-62 for additional information.

FAR 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

(End of Clause)

End of Document