Amendment 0001.pdf

YOU MUST ACKNOWLEDGE RECEIPT OF THIS AND ALL AMENDMENTS AS INDICATED IN BLOCK 11 SHOWN ABOVE. FAILURE TO DO SO MAY RESULT IN REJECTION OF YOUR

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 5

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

0001 07/25/2024

6. ISSUED 7. ADMINISTERED BY (If other than Item 6)

General Services Administration PBS, Acquisition Management Division 201 Superior Avenue, Suite 450 Cleveland, OH 44114-1248

General Services Administration PBS, Acquisition Management Division 201 Superior Avenue, Suite 450 Cleveland, OH 44114-1248

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) () 9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM II)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended. 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: (a) By completing Items 8 and 15, and returning 3 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram 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 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 telegram or letter provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (if required)

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

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

() 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 ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINSTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copy to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

RFP 47PF0024R0077

Janitorial and Related Services Dayton TSA and Quincy SSA

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

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

RFP 47PF0024R0077

Janitorial and Related Services Dayton TSA and Quincy SSA

Solicitation 470024R0077

Janitorial and Related Services Location 1: Dayton TSA International Airport, 3600 Terminal Building Drive, Dayton, OH 43577-3312 Location 2: Quincy Social Security Administration Building, 2401 Lind Street, Quincy, IL 62301-3544

Amendment 0001 is hereby issued to make the following changes to the RFP:

Revised Dayton Section B Electronic Offer replaces the previous Dayton Section B Electronic Offer document which is no longer valid.

Additionally, per U. S. Department of Labor see attached Memorandum Number 246, regarding Health and Welfare increase.

All other terms and conditions remain the same. The closing date remains the same on July 30, 2024, at 01:00 PM Eastern.

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 2 5

U.S. Department of Labor Wage and Hour Division Washington, D.C. 20210

July 16, 2024

ALL AGENCY MEMORANDUM NUMBER 246

TO: All Contracting Agencies of the Federal Government and the District of Columbia

FROM: Jessica Looman, Administrator

SUBJECT: 2024 Service Contract Act Health and Welfare Fringe Benefit

Per 29 C.F.R. § 4.52, the prevailing health and welfare fringe benefits issued under the McNamara-O’Hara Service Contract Act (SCA) will increase to a rate of $5.36 per hour. As prescribed by the regulations, this benefit rate is derived from the latest Bureau of Labor Statistics Employment Cost Index summary of Employer Cost for Employee Compensation (ECEC). On or about July 2, 2024, the Wage and Hour Division (WHD) will publish updated wage determinations reflecting the new SCA health and welfare fringe benefits rate of $5.36 per hour at SAM.gov (www.sam.gov) and WHD (www.dol.gov/whd) websites.

History

The SCA’s implementing regulations at 29 C.F.R. § 4.52 refer to two different health and welfare fringe benefit levels on SCA wage determinations (WDs): a “low-level” (employee-by-employee) benefit and a “high-level” (average cost) benefit. WHD determines compliance with the low-level benefit on an employee-by-employee basis and has determined compliance with the high-level benefit based on the contractor’s average fringe benefit cost for all service employees working on the contract.

WHD announced in All Agency Memorandum (AAM) 188 that the average cost fringe benefit rate applicable to then-existing contracts and their successors would be “grandfathered” until the employee-by-employee benefit equaled or exceeded the then-applicable $2.56 high rate.

Subsequently, WHD announced in AAM 197 that it would increase the fringe benefit rate for all wage determinations and retain the two different methods for determining compliance even though the employee-by-employee rate had exceeded the grandfathered average cost rate of $2.56 per hour. That practice is being discontinued. Consistent with the SCA regulations and longstanding policy, average cost fringe benefit wage determinations have been issued only for contracts in which the formerly grandfathered average cost benefit rate would have applied. As a result, average cost fringe benefit WDs have been issued by WHD, upon request by a contracting agency, only for contracts that were awarded prior to 1997, contained a high-level (average cost) benefit WD at that time, and have continued to be performed on an uninterrupted basis since 1997. Given the passage of time, and consistent with the methodology provided in the SCA regulations and AAM 188 to eliminate the average cost benefit rate when the per-employee

Federal Government and th benefit rate equaled or exceeded it, average cost fringe benefit wage determinations will not be issued, and may not be used, for any new contracts after the date of this All Agency Memorandum.

Paid Sick Leave - Executive Order 13706

Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors (EO 13706), requires certain employers that contract with the federal government to provide their employees with up to 56 hours (seven days) of paid sick leave annually, including for family care and absences resulting from domestic violence, sexual assault, and stalking. EO 13706 applies to new contracts with the federal government that result from solicitations issued on or after January 1, 2017 (or that are awarded outside the solicitation process on or after January 1, 2017). More information is available at https://www.dol.gov/whd/govcontracts/eo13706/.

An employer’s contributions made to satisfy its paid sick leave obligations under EO 13706 must be provided in addition to health and welfare fringe benefit contributions under the SCA.

Therefore, an employer’s paid sick leave contributions under EO 13706 may not be credited toward its obligations under the SCA. In accordance with EO 13706, WHD establishes an alternate health and welfare rate that excludes the portion of the standard health and welfare rate attributed to paid sick leave. Therefore, when an employer is required to comply with EO 13706, the SCA health and welfare fringe benefits rate for employees performing on contracts covered by EO 13706 will be $4.93 for each hour of work on the contracts (which, based on a 40-hour workweek, is $197.20 per week, or $854.53 per month).

Service Contract Act Health and Welfare Fringe Benefit Rate for Contracts not Subject to Executive Order 13706

As of July 2, 2024, the employee-by-employee benefit rate will be $5.36 per hour. Based on a 40-hour workweek, this equates to $214.40 per week, or $929.07 per month.

Solicitations/Contracts Affected

All invitations for bids opened and service contracts awarded on or after July 2, 2024 must include an updated SCA Wage Determination (WD) that comports with the regulatory health and welfare fringe benefit determination method. Contracting agencies may make pen-and-ink changes to their current WDs received for contracts beginning on or after July 2, 2024 and for which the updated health and welfare rates were not included. Revised WDs reflecting the new benefit rates will be available at SAM.gov (www.sam.gov) and WHD (www.dol.gov/whd) websites on or about July 2, 2024.

Health and Welfare Fringe Benefit Rates for Wage Determinations for the State of Hawaii

Under section 2(a)(2) of the SCA, fringe benefit payments required by state law may not be used to satisfy an employer’s fringe benefit obligations. Hawaii law, for example, requires that most employers provide health insurance coverage for their employees. Therefore, employer contributions that are made to satisfy an employer’s obligations under the Hawaii Prepaid Health

Care Act (HPHCA) may not be credited toward the employer’s obligations under the SCA. The SCA WDs have addressed this issue in the past by excluding the health insurance portion of the nationwide health and welfare fringe benefit rate.

Consistent with past practice, and in recognition that Hawaii law requires employers to provide health care coverage for most employees, the SCA WDs for Hawaii will continue to exclude the health insurance portion of the nationwide health and welfare fringe benefit rate for all employees on whose behalf the employer provides benefits pursuant to the HPHCA. Some Hawaii employers, however, are not required to make, and in fact do not make, contributions for certain employees under the HPHCA. In such circumstances, the reduced fringe benefit level is not appropriate.

The SCA health and welfare fringe benefits level for Hawaii will be $2.36 per hour (which, based on a 40-hour workweek, is $94.40 per week, or $409.07 per month) for all employees on whose behalf the contractor is required to provide health care benefits pursuant to the HPHCA.

For employees on whose behalf the contractor is required to provide health care benefits pursuant to the HPHCA and who are performing on contracts covered by EO 13706, the health and welfare fringe benefits level will be $1.93 for each hour performing work on such a contract (which, based on a 40-hour workweek, is $77.20 per week, or $334.53 per month). For employees not receiving mandated health care benefits under the HPHCA, the new health and welfare amount will be $5.36 per hour (or, as noted on page 2 above, $4.93 per hour for employees performing work on contracts covered by EO 13706).