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36C26120Q0881
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
36C26120Q0881 07-21-2020
LYNNETTE KAWAKAMI
LYNNETTE.KAWAKAMI@VA.GOV
08-03-2020
7:00AM
Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 96819-1522 X X 562910 $22 Million N/A X "See Delivery Schedule"
Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 96819-1522
Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Mold Remediation for Bldg 18 at the VASFHCS as described in the attached SOW.
*POP: 45 DAYS from Date of AWARD of the Contract
A WALK THROUGH WILL BE AVAILABLE ON TUESDAY, 07/28/20 AT
11:00AM PST AT:
Bldg 3 4150 Clement St San Francisco, CA 94121
ALL INTERESTED PARTIES WHO WOULD LIKE TO ATTEND THE WALK-
THROUGH SHOULD BE PRESENT AT THE LOCATION LISTED ABOVE ON
TUESDAY, 07/28/20 AT 11:00AM PST.
*Due to COVID-19, this is a tenative start date and it could be further delayed.
**See provision 52.212-1 in section E for preparing quote instructions.
See CONTINUATION Page X
DANIEL SZAMBELAN
CONTRACTING OFFICER
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 4 |
| ITEM INFORMATION | 4 |
| B.3 Statement of Work (SOW) | 4 |
| B.4 WAGE DETERMINATION SCHEDULE | 8 |
| SECTION C - CONTRACT CLAUSES | 29 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 29 |
| C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020) | 35 |
| C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 42 |
| C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 42 |
| C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 44 |
| C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 45 |
| C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 45 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 47 |
| D.1 Self Performance Worksheet | 47 |
| D.2 PAST PERFORMANCE | 48 |
| References: | 48 |
| SECTION E - SOLICITATION PROVISIONS | 50 |
| E. 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 50 |
| ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS | 51 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 53 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) | 57 |
| E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 58 |
| E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 59 |
| E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUN 2020) | 59 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 96819-1522
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] UPON COMPLETION OF JOB |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
Department of Veterans Affairs FMS VA-9(101) Financial Services Center
PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
Mold Remediation for the basement of Bldg. 18 as described in the attached SOW Contract Period: Base POP Begin: 08-17-2020 POP End: 02-16-2021
| GRAND TOTAL |
| __________________ |
B.3 Statement of Work (SOW) for Mold Remediation- Professional Cleaning Service for Bldg. 18
General:
The project scope involves the remediation and removal of mold throughout interior of the left wing of Bldg. 18, this includes the basement, 1st Floor and 2nd Floor, to include all ductwork, ceiling tiles and above also furnishings. It is required for mold remediation to hold a base for the levels safe for long-term occupancy of members. Contractor shall complete all work in the left wing of Bldg. 18. The Contractor shall remove all mold and dispose of any containment cleaning materials used for remediation. The Contractor shall procure all personal protection equipment (PPE), Permits, all equipment and any other materials required to accomplish project scope. Contractor is to perform air quality tests after remediation. COR/Designee and contractor will revisit the left wing of Bldg. 18 after remediation to verify no signs of moldy or musty odors, water damage or mold growth are present to satisfy the SOW before closing out of contract.
Background: Mold testing completed on the basement in February 2020 after visual signs, evidence of mildew/mold. The lab results indicated there was high levels of mold spores in the facilities.
Prewalk: It is encouraged that the Contractor perform a site visit and condition assessment prior to proposal submission to assess existing site conditions and to provide a proper proposal for all work required. Inspection of the area shall include observation of site requirements in order to estimate equipment and manpower necessary. The job site inspection shall also determine any access or disposal issues.
Period of Performance (PoP): The professional cleaning shall be completed within 45 calendar days after contract award.
Statement of Work (SOW):
· Contractor is to prepare left wing of Bldg. 18 for cleaning, remove and apply plastic covering if required.
· Contractor is to provide all materials, protective/safety equipment, and all equipment to perform the work. Contractor shall be responsible of disposal of all waste, debris and materials. They shall not use SFVAHCS resources for disposal of waste, debris and materials.
· Remediate mold from the left wing of Bldg. 18 facilities; facility is approximately 4,500 square feet; contractor is to verify all measurements. At a minimum, the following areas are to be included in the mold remediation process: all interior surfaces to include interior windows, walls, ceilings, furnishings (windowsills, doorknobs, blinds, storage closets). Within the bldg. 18 facilities there are an approximate total of 20 rooms, in the left wing of Bldg. 18 The Contractor will remove carpet, and window coverings (shades, blinds and/or curtains) and disposal of all items. If wet chemical cleaning is performed on, surfaces they will be completely dried within 24-hrs to prevent additional mold/mildew growth.
· The Contractor is to perform an air quality test and submit lab samples for approximately four (4) total rooms, inside ductwork of facilities after professional cleaning. Samples taken inside the building are to be at the level and types of mold and mold spores like those found outside the building.
· The contract proposal should outline all processes and procedures, and the areas that must be mitigated under this Scope of Work. Contractor shall notify the Contracting Officer (CO) or Contracting Officer Representative prior to an additional work required needed for mold remediation. A quote will need to be submitted first. It will be coordinated through the Contracting Officer (CO).
Special Instructions:
Quality Assurance Surveillance: The following criteria must be met for a successful quality assurance (QA): QA will be conducted daily by a Contracting Officer (CO) or Contracting Officer Representative (COR), and at the end of the installation, the CO or COR will conduct a thorough inspection of all professionally cleaning areas/equipment.
Mold Testing:
· Verification that personnel taking air samples are properly licensed.
· Have a minimum of 4 full years’ experience performing the service
· Have required contractor’s bond
· Regulated by the Contractor’s State License Board
· A list of personnel on-site must be provided weekly and verified daily
· Conduct an inspection to ensure the mold testing is conducted in compliance with codes and requirements from OSA and EPA.
· Prior to job completion COR must ensure that all documents are submitted as requested.
Mold Remediation:
· The mold remediation shall be accomplished in accordance with the latest OSHA requirements and EPA regulations.
· Remove and/or relocate furnishings to fully clean rooms and clean all furnishings to include removal of carpet.
· Contractor shall follow as the manufacturer’s written recommendations for cleaning with all chemical products on walls, equipment and furnishings.
· Contractor shall provide a project manager to coordinate remediation & training and serve as a single point of contact for notice to proceed, scheduling and notice of acceptance.
· Check and verify all cleaning completed properly and within regulations.
General Information:
· The Contractor shall meet all requirements as they appear in this SOW and listed attachments. Contractor shall notify the Contracting Officer (CO) or Contracting Officer Representative prior to an additional work required needed for mold remediation. A quote will need to be submitted first.
· This SOW and all attachments do not supersede any Federal Acquisition Regulation stipulations that may apply to this contract, EPA regulations or OSHA requirements.
· The Contractor is subject to all SFVAHCS and fire, safety, security and traffic regulations.
· The contractor shall remove all debris generated by the Contractor’s operations from the base daily. Disposal of all debris shall be in accordance with existing local, state, and federal regulations. It is unlawful for the Contractor to dump any construction debris in San Francisco Veterans Affairs Health Care System (SFVAHCS) procured dumpsters. The Contractor shall be responsible for any permit or fees associated with the use of off-base disposal locations.
· The Contractor is responsible for all applicable permits and inspections.
· All contractor employees, to include subcontractor employees, requiring access to SFVAHCS Installations,
· Quality Control (QC): Contractor will provide a 3-month warranty on mold remediation service for the left wing of Bldg. 18, assuring that there is no mold in the prescribed area.
· Place and Performance of Services: The contractor shall provide services between the hours of 0700-1630 on Monday through Friday, except on recognized US holidays or when the SFVAHCS facility/installation is closed due to local or national emergencies, administrative closings, or similar SFVAHCS -directed facility/installation closings. Performance shall be at the site location of building 18; the contractor shall always maintain an adequate work force for the uninterrupted performance of all task defined within the SOW when the SFVAHCS facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. Teleworking is not authorized.
· Unscheduled closures by the SFVA Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.
· The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas wh0en required to do so and only upon prior approval. All contractor employees shall always carry proper identification with them and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance. The SFVAHCS reserves the right to direct the removal of an employee for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.
Security Requirements:
· Contractor and all associated sub-contractors’ employees shall comply with SFVAHCS adjudication standards and procedures.
· Contractor will report to SFVAHCS P.I.V for fingerprinting and credentials verification
· Company name, contact number, project title, and project number
· Work crew start and end dates
· Workers’ full name
· Workers’ date of birth
· Workers’ driver’s license or government issued ID number and state of issuance
· Proof of legal residence (green card) for non-US citizens
· The contractor shall ensure that all vehicles entering SFVAHCS have a vehicle pass. To receive a vehicle pass, contractors must provide the following:
· Proof of vehicle insurance
· Proof of vehicle registration
· A valid driver’s license
· Physical Security. The contractor shall safeguard all SFVAHCS property provided for contractor use. At the close of each work period, SFVAHCS, equipment and materials shall be secured
Definitions and Acronyms:
Definitions:
· Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the SFVAHCS. The term used in this contract refers to the prime.
· Contracting Officer (CO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the SFVAHCS. Note: The only individual who can legally bind the SFVAHCS.
· Contracting Officer Representative (COR): An employee of the SFVAHCS designated by the CO to monitor contractor performance. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor if that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
· Defective Service: A service output that does not meet the standard of performance associated with the SOW.
· Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.
· Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the SOW. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
· Physical Security: Actions that prevent the loss or damage of SFVAHCS property.
· Quality Assurance: The SFVAHCS procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
· Quality Control: All necessary measures taken by the Contractor to ensure that the quality of a product or service shall meet contract requirements.
· Subcontractor: One that enters into a contract with a prime contractor. The SFVAHCS does not have privity of contract with the subcontractor.
Acronyms:
· A/C: Air Conditioning
· AHU: Air Handling Unit
· BTU: British Thermal Unit
· FY: Fiscal Year
· CO: Contracting Officer
· COR: Contracting Office Representative
· EAL: Entry Authorization Letters
· HVAC: Heating, Ventilation and Air Conditioning
· SOW: Scope of Work
· EPA: Environmental Protection Agency
· OSHA: Occupational Safety and Health Agency
· SFVAHCS: San Francisco Veterans Affairs Health Care System
B.4 WAGE DETERMINATION SCHEDULE
"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
| Wage Determination No.: 2015-5623 Daniel W. Simms Division of | Revision No.: 11 Director Wage Determinations| Date Of Last Revision: 12/23/2019 Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.80 for calendar year 2020 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 $10.80 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 2020. 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: California
Area: California Counties of Alameda Contra Costa
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 20.85 01012 - Accounting Clerk II 23.41 01013 - Accounting Clerk III 26.20 01020 - Administrative Assistant 36.56 01035 - Court Reporter 41.45 01041 - Customer Service Representative I 17.77 01042 - Customer Service Representative II 19.97 01043 - Customer Service Representative III 21.79 01051 - Data Entry Operator I 17.01 01052 - Data Entry Operator II 18.55 01060 - Dispatcher Motor Vehicle 29.13 01070 - Document Preparation Clerk 15.45 01090 - Duplicating Machine Operator 15.45 01111 - General Clerk I 15.87 01112 - General Clerk II 17.31 01113 - General Clerk III 19.97 01120 - Housing Referral Assistant 28.83 01141 - Messenger Courier 17.91 01191 - Order Clerk I 17.81 01192 - Order Clerk II 19.43 01261 - Personnel Assistant (Employment) I 19.80 01262 - Personnel Assistant (Employment) II 22.18 01263 - Personnel Assistant (Employment) III 24.69 01270 - Production Control Clerk 28.05 01290 - Rental Clerk 18.47 01300 - Scheduler Maintenance 23.12 01311 - Secretary I 23.12 01312 - Secretary II 25.86 01313 - Secretary III 28.83 01320 - Service Order Dispatcher 24.26 01410 - Supply Technician 36.56 01420 - Survey Worker 25.03 01460 - Switchboard Operator/Receptionist 17.21 01531 - Travel Clerk I 18.33 01532 - Travel Clerk II 19.95 01533 - Travel Clerk III 21.62 01611 - Word Processor I 22.85 01612 - Word Processor II 25.65 01613 - Word Processor III 28.70 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer Fiberglass 28.13 05010 - Automotive Electrician 24.95 05040 - Automotive Glass Installer 22.95 05070 - Automotive Worker 24.96 05110 - Mobile Equipment Servicer 21.71 05130 - Motor Equipment Metal Mechanic 26.06 05160 - Motor Equipment Metal Worker 23.84 05190 - Motor Vehicle Mechanic 26.07 05220 - Motor Vehicle Mechanic Helper 20.54 05250 - Motor Vehicle Upholstery Worker 22.78 05280 - Motor Vehicle Wrecker 23.84 05310 - Painter Automotive 24.96 05340 - Radiator Repair Specialist 23.84 05370 - Tire Repairer 17.31 05400 - Transmission Repair Specialist 26.07 07000 - Food Preparation And Service Occupations 07010 - Baker 16.20 07041 - Cook I 17.25 07042 - Cook II 19.58 07070 - Dishwasher 12.77 07130 - Food Service Worker 13.86 07210 - Meat Cutter 18.25 07260 - Waiter/Waitress 13.97 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 21.58 09040 - Furniture Handler 15.26 09080 - Furniture Refinisher 23.06 09090 - Furniture Refinisher Helper 17.77 09110 - Furniture Repairer Minor 20.57 09130 - Upholsterer 21.91 11000 - General Services And Support Occupations 11030 - Cleaner Vehicles 14.48 11060 - Elevator Operator 16.28 11090 - Gardener 23.78 11122 - Housekeeping Aide 16.28 11150 - Janitor 16.28 11210 - Laborer Grounds Maintenance 18.29 11240 - Maid or Houseman 15.96 11260 - Pruner 17.19 11270 - Tractor Operator 21.58 11330 - Trail Maintenance Worker 18.29 11360 - Window Cleaner 18.09 12000 - Health Occupations 12010 - Ambulance Driver 23.48 12011 - Breath Alcohol Technician 27.58 12012 - Certified Occupational Therapist Assistant 31.37 12015 - Certified Physical Therapist Assistant 33.80 12020 - Dental Assistant 22.80 12025 - Dental Hygienist 54.24 12030 - EKG Technician 33.39 12035 - Electroneurodiagnostic Technologist 33.39 12040 - Emergency Medical Technician 23.48 12071 - Licensed Practical Nurse I 24.65 12072 - Licensed Practical Nurse II 27.58 12073 - Licensed Practical Nurse III 30.74 12100 - Medical Assistant 21.70 12130 - Medical Laboratory Technician 28.52 12160 - Medical Record Clerk 23.10 12190 - Medical Record Technician 25.93 12195 - Medical Transcriptionist 22.61 12210 - Nuclear Medicine Technologist 56.62 12221 - Nursing Assistant I 13.85 12222 - Nursing Assistant II 15.57 12223 - Nursing Assistant III 16.98 12224 - Nursing Assistant IV 19.07 12235 - Optical Dispenser 23.77 12236 - Optical Technician 18.37 12250 - Pharmacy Technician 23.15 12280 - Phlebotomist 23.66 12305 - Radiologic Technologist 44.62 12311 - Registered Nurse I 43.85 12312 - Registered Nurse II 53.66 12313 - Registered Nurse II Specialist 53.66 12314 - Registered Nurse III 64.90 12315 - Registered Nurse III Anesthetist 64.90 12316 - Registered Nurse IV 77.80 12317 - Scheduler (Drug and Alcohol Testing) 36.68 12320 - Substance Abuse Treatment Counselor 25.27 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 25.45 13012 - Exhibits Specialist II 31.05 13013 - Exhibits Specialist III 37.98 13041 - Illustrator I 26.48 13042 - Illustrator II 32.79 13043 - Illustrator III 40.13 13047 - Librarian 40.92 13050 - Library Aide/Clerk 20.80 13054 - Library Information Technology Systems 36.95 Administrator 13058 - Library Technician 27.09 13061 - Media Specialist I 26.66 13062 - Media Specialist II 29.83 13063 - Media Specialist III 33.24 13071 - Photographer I 20.39 13072 - Photographer II 22.81 13073 - Photographer III 28.23 13074 - Photographer IV 34.56 13075 - Photographer V 39.08 13090 - Technical Order Library Clerk 22.20 13110 - Video Teleconference Technician 27.31 14000 - Information Technology Occupations 14041 - Computer Operator I 19.80 14042 - Computer Operator II 22.18 14043 - Computer Operator III 24.69 14044 - Computer Operator IV 27.43 14045 - Computer Operator V 30.39 14071 - Computer Programmer I (see 1) 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 19.80 14160 - Personal Computer Support Technician 27.43 14170 - System Support Specialist 39.38 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 38.43 15020 - Aircrew Training Devices Instructor (Rated) 46.48 15030 - Air Crew Training Devices Instructor (Pilot) 55.72 15050 - Computer Based Training Specialist / Instructor 38.43 15060 - Educational Technologist 32.97 15070 - Flight Instructor (Pilot) 55.72 15080 - Graphic Artist 31.77 15085 - Maintenance Test Pilot Fixed Jet/Prop 51.50 15086 - Maintenance Test Pilot Rotary Wing 51.50 15088 - Non-Maintenance Test/Co-Pilot 51.50 15090 - Technical Instructor 33.96 15095 - Technical Instructor/Course Developer 41.54 15110 - Test Proctor 27.42 15120 - Tutor 27.42 16000 - Laundry Dry-Cleaning Pressing And Related Occupations 16010 - Assembler 15.69 16030 - Counter Attendant 15.69 16040 - Dry Cleaner 19.16 16070 - Finisher Flatwork Machine 15.69 16090 - Presser Hand 15.69 16110 - Presser Machine Drycleaning 15.69 16130 - Presser Machine Shirts 15.69 16160 - Presser Machine Wearing Apparel Laundry 15.69 16190 - Sewing Machine Operator 19.96 16220 - Tailor 20.76 16250 - Washer Machine 17.57 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 21.83 19040 - Tool And Die Maker 26.94 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 20.50 21030 - Material Coordinator 27.88 21040 - Material Expediter 27.88 21050 - Material Handling Laborer 16.69 21071 - Order Filler 15.60 21080 - Production Line Worker (Food Processing) 20.50 21110 - Shipping Packer 18.16 21130 - Shipping/Receiving Clerk 18.16 21140 - Store Worker I 16.30 21150 - Stock Clerk 22.28 21210 - Tools And Parts Attendant 20.50 21410 - Warehouse Specialist 20.50 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 36.92 23019 - Aircraft Logs and Records Technician 29.72 23021 - Aircraft Mechanic I 35.13 23022 - Aircraft Mechanic II 36.92 23023 - Aircraft Mechanic III 38.49 23040 - Aircraft Mechanic Helper 25.68 23050 - Aircraft Painter 33.32 23060 - Aircraft Servicer 29.72 23070 - Aircraft Survival Flight Equipment Technician 33.32 23080 - Aircraft Worker 31.53 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 31.53 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 35.13
II
23110 - Appliance Mechanic 26.61 23120 - Bicycle Repairer 21.51 23125 - Cable Splicer 45.12 23130 - Carpenter Maintenance 31.51 23140 - Carpet Layer 33.40 23160 - Electrician Maintenance 44.12 23181 - Electronics Technician Maintenance I 33.73 23182 - Electronics Technician Maintenance II 35.64 23183 - Electronics Technician Maintenance III 37.58 23260 - Fabric Worker 28.58 23290 - Fire Alarm System Mechanic 27.45 23310 - Fire Extinguisher Repairer 27.19 23311 - Fuel Distribution System Mechanic 41.32 23312 - Fuel Distribution System Operator 32.67 23370 - General Maintenance Worker 24.26 23380 - Ground Support Equipment Mechanic 35.13 23381 - Ground Support Equipment Servicer 29.72 23382 - Ground Support Equipment Worker 31.53 23391 - Gunsmith I 27.19 23392 - Gunsmith II 30.86 23393 - Gunsmith III 34.37 23410 - Heating Ventilation And Air-Conditioning 29.21 Mechanic 23411 - Heating Ventilation And Air Contidioning 30.70 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 36.11 23440 - Heavy Equipment Operator 40.91 23460 - Instrument Mechanic 42.64 23465 - Laboratory/Shelter Mechanic 32.61 23470 - Laborer 16.11 23510 - Locksmith 26.65 23530 - Machinery Maintenance Mechanic 36.49 23550 - Machinist Maintenance 27.28 23580 - Maintenance Trades Helper 17.19 23591 - Metrology Technician I 42.64 23592 - Metrology Technician II 44.82 23593 - Metrology Technician III 46.72 23640 - Millwright 39.36 23710 - Office Appliance Repairer 23.42 23760 - Painter Maintenance 27.36 23790 - Pipefitter Maintenance 33.96 23810 - Plumber Maintenance 32.20 23820 - Pneudraulic Systems Mechanic 34.37 23850 - Rigger 33.78 23870 - Scale Mechanic 30.86 23890 - Sheet-Metal Worker Maintenance 31.09 23910 - Small Engine Mechanic 21.41 23931 - Telecommunications Mechanic I 31.66 23932 - Telecommunications Mechanic II 33.28 23950 - Telephone Lineman 31.97 23960 - Welder Combination Maintenance 24.28 23965 - Well Driller 33.23 23970 - Woodcraft Worker 34.37 23980 - Woodworker 27.19 24000 - Personal Needs Occupations 24550 - Case Manager 20.92 24570 - Child Care Attendant 15.31 24580 - Child Care Center Clerk 19.09 24610 - Chore Aide 12.64 24620 - Family Readiness And Support Services 20.92 Coordinator 24630 - Homemaker 20.92 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 44.34 25040 - Sewage Plant Operator 45.25 25070 - Stationary Engineer 44.34 25190 - Ventilation Equipment Tender 32.41 25210 - Water Treatment Plant Operator 45.25 27000 - Protective Service Occupations 27004 - Alarm Monitor 40.43 27007 - Baggage Inspector 15.91 27008 - Corrections Officer 38.39 27010 - Court Security Officer 41.84 27030 - Detection Dog Handler 30.14 27040 - Detention Officer 38.39 27070 - Firefighter 46.18 27101 - Guard I 15.91 27102 - Guard II 30.14 27131 - Police Officer I 50.44 27132 - Police Officer II 56.06 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 17.04 28042 - Carnival Equipment Repairer 18.44 28043 - Carnival Worker 12.77 28210 - Gate Attendant/Gate Tender 19.83 28310 - Lifeguard 13.82 28350 - Park Attendant (Aide) 22.19 28510 - Recreation Aide/Health Facility Attendant 16.19 28515 - Recreation Specialist 25.53 28630 - Sports Official 17.66 28690 - Swimming Pool Operator 21.68 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 33.09 29020 - Hatch Tender 33.09 29030 - Line Handler 33.09 29041 - Stevedore I 31.19 29042 - Stevedore II 34.96 30000 - Technical Occupations 30010 - Air Traffic Control Specialist Center (HFO) (see 2) 47.06 30011 - Air Traffic Control Specialist Station (HFO) (see 2) 32.45 30012 - Air Traffic Control Specialist Terminal (HFO) (see 2) 35.73 30021 - Archeological Technician I 24.86 30022 - Archeological Technician II 27.80 30023 - Archeological Technician III 34.44 30030 - Cartographic Technician 34.44 30040 - Civil Engineering Technician 35.13 30051 - Cryogenic Technician I 30.50 30052 - Cryogenic Technician II 33.69 30061 - Drafter/CAD Operator I 24.86 30062 - Drafter/CAD Operator II 27.80 30063 - Drafter/CAD Operator III 30.99 30064 - Drafter/CAD Operator IV 38.15 30081 - Engineering Technician I 18.90 30082 - Engineering Technician II 21.22 30083 - Engineering Technician III 23.73 30084 - Engineering Technician IV 29.40 30085 - Engineering Technician V 35.98 30086 - Engineering Technician VI 43.51 30090 - Environmental Technician 30.70 30095 - Evidence Control Specialist 27.54 30210 - Laboratory Technician 25.27 30221 - Latent Fingerprint Technician I 38.62 30222 - Latent Fingerprint Technician II 42.66 30240 - Mathematical Technician 35.89 30361 - Paralegal/Legal Assistant I 23.52 30362 - Paralegal/Legal Assistant II 29.13 30363 - Paralegal/Legal Assistant III 35.65 30364 - Paralegal/Legal Assistant IV 43.11 30375 - Petroleum Supply Specialist 33.69 30390 - Photo-Optics Technician 35.89 30395 - Radiation Control Technician 33.69 30461 - Technical Writer I 29.69 30462 - Technical Writer II 36.33 30463 - Technical Writer III 43.94 30491 - Unexploded Ordnance (UXO) Technician I 29.91 30492 - Unexploded Ordnance (UXO) Technician II 36.18 30493 - Unexploded Ordnance (UXO) Technician III 43.37 30494 - Unexploded (UXO) Safety Escort 29.91 30495 - Unexploded (UXO) Sweep Personnel 29.91 30501 - Weather Forecaster I 30.50 30502 - Weather Forecaster II 37.10 30620 - Weather Observer Combined Upper Air Or (see 2) 27.82 Surface Programs 30621 - Weather Observer Senior (see 2) 30.90 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 36.18 31020 - Bus Aide 19.18 31030 - Bus Driver 26.65 31043 - Driver Courier 17.80 31260 - Parking and Lot Attendant 14.88 31290 - Shuttle Bus Driver 19.26 31310 - Taxi Driver 15.76 31361 - Truckdriver Light 19.26 31362 - Truckdriver Medium 20.60 31363 - Truckdriver Heavy 24.40 31364 - Truckdriver Tractor-Trailer 24.40 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 17.64 99030 - Cashier 13.27 99050 - Desk Clerk 15.15 99095 - Embalmer 28.10 99130 - Flight Follower 29.91 99251 - Laboratory Animal Caretaker I 16.01 99252 - Laboratory Animal Caretaker II 17.32 99260 - Marketing Analyst 39.04 99310 - Mortician 29.47 99410 - Pest Controller 19.91 99510 - Photofinishing Worker 18.98 99710 - Recycling Laborer 35.09 99711 - Recycling Specialist 40.54 99730 - Refuse Collector 31.57 99810 - Sales Clerk 15.51 99820 - School Crossing Guard 15.80 99830 - Survey Party Chief 39.54 99831 - Surveying Aide 23.80 99832 - Surveying Technician 34.79 99840 - Vending Machine Attendant 18.34 99841 - Vending Machine Repairer 21.34 99842 - Vending Machine Repairer Helper 18.34
Note: Executive Order (EO) 13706 Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2017. If this contract is covered by the EO the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness injury or other health-related needs including preventive care; to assist a family member (or person who is like family to the employee) who is ill injured or has other health-related needs including preventive care; or for reasons resulting from or to assist a family member (or person who is like family to the employee) who is the victim of domestic violence sexual assault or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.54 per hour up to 40 hours per week or $181.60 per week or $786.93 per month
HEALTH & WELFARE EO 13706: $4.22 per hour up to 40 hours per week or $168.80 per week or $731.47 per month*
*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706 Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years 4 weeks after 15 years and 5 weeks after 25 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:
1) 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).
2) 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 azide black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization modification renovation demolition and maintenance operations on sensitive ordnance explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with or in close proximity to ordnance (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands face or arms of the employee engaged in the operation irritation of the skin minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All operations involving unloading storage and hauling of ordnance explosive and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance explosives and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract by the employer by the state or local law etc.) the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition where uniform cleaning and maintenance is made the responsibility of the employee all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount or the furnishing of contrary affirmative proof as to the actual cost) reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However in those instances where the uniforms furnished are made of ""wash and wear"" materials may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor by law or by the nature of the work there is no requirement that employees be reimbursed for uniform maintenance costs.
** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the ""Service Contract Act Directory of Occupations"" Fifth Edition (Revision 1) dated September 2015 unless otherwise indicated.
** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE Standard Form 1444 (SF-1444) **
Conformance Process:
The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e. the work to be performed is not performed by any classification listed in the wage determination) be classified by the contractor so as to provide a reasonable relationship (i.e. appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (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 conformed.
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 be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)).
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request the ""Service Contract Act Directory of Occupations"" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember it is not the job title but the required tasks that determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split combine or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1))."
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SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.
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