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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
BOISE ID 83709-1663
1249 S VINNELL WAY STE 200
ATTN DIANA EARLY
SW IDAHO-NEVADA ACQUISITION CENTER
84M8 CODE 16. ADMINISTERED BYCODE
X
X
X
442210
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR0261
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
05/23/2016 1200 MD
05/03/2016
208-373-4134DIANA EARLY
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
AG-0261-S-16-0034
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 44 799203OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
OGDEN UT 84401
324 25TH STREET
INTERMOUNTAIN REGION
15. DELIVER TO
BOISE ID 83709-1663
1249 S VINNELL WAY STE 200
ATTN DIANA EARLY
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$7.50
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
SW IDAHO-NEVADA ACQUISITION CENTER
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Period of Performance: 07/16/2016 to 08/19/2016
001 Carpet with Existing Systems Furniture in Place, Region 4 Regional Office, as per attached specifications and Government Terms and Conditions
Suggested site visit: May 16, 2016 at 10:00am.
Please email Diana Early, dearly@fs.fed.us if you plan to attend.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
DIANA J. EARLY
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
44 2 of
CONTRACT TERMS AND CONDITIONS
ADDENDUM TO FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS —
COMMERCIAL ITEMS (INCORPORATED BY REFERENCE ON STANDARD FORM 1449)
The following are added to the terms and conditions in FAR 52.212-4:
CLAUSES INCORPORATED BY REFERENCE
52.204-13 System for Award Management Maintenance (Jul 2013
52.232-39 – Unenforceability of Unauthorized Obligations (Jun 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984
CLAUSES INCORPORATED BY FULL TEXT
52.222-99, ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014-0001)
(October 2014)
This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President’s Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014.
(a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658.
The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.
(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect.
The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.
(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.
(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract
AG-0261-S-16-0034 REGIONAL OFFICE CARPET REPLACEMENT Page 3 of 44
Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).
(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.
(End of clause)
AGAR 452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants (FEB 2012) Alternate I (FEB 2012)
(a) This award is subject to the provisions contained in sections 433 and 434 of the Consolidated
Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434, amended and/or subsequently enacted
(End of Clause) (End of Addendum)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2016)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108- 78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
AG-0261-S-16-0034 REGIONAL OFFICE CARPET REPLACEMENT Page 4 of 44
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.
657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.
657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
AG-0261-S-16-0034 REGIONAL OFFICE CARPET REPLACEMENT Page 5 of 44
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (Oct 2015) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.
13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
AG-0261-S-16-0034 REGIONAL OFFICE CARPET REPLACEMENT Page 6 of 44
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.
13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
X (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
AG-0261-S-16-0034 REGIONAL OFFICE CARPET REPLACEMENT Page 7 of 44
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
4505), 10 U.S.C. 2307(f)).
___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)
X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
AG-0261-S-16-0034 REGIONAL OFFICE CARPET REPLACEMENT Page 8 of 44
This Statement is for Information Only:
It is not a Wage Determination
Employee Class Monetary Wage -- Fringe Benefits Carpet Layer, WG 8 $20.44
(End of Clause)
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
AG-0261-S-16-0034 REGIONAL OFFICE CARPET REPLACEMENT Page 9 of 44
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
AG-0261-S-16-0034 REGIONAL OFFICE CARPET REPLACEMENT Page 10 of 44
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
AG-0261-S-16-0034 REGIONAL OFFICE CARPET REPLACEMENT Page 11 of 44
STATEMENT OF WORK
R4 Regional Office Carpeting Project (4th, and 5th floors – 8 phases).
Scope Of Contract: Carpet removal, disposal, area prep and replacement of carpet and base coving in rooms accessed by doors 4403, 4002, 4317, 4120, 4301, 4411, 4016, 4026 and 5009. Areas total approximately 13,992 square feet. Area to be carpeted with 18" square carpet tiles. Product selection is Runaway II ER3 style 03164 carpet in color-18207 Gecko. This will maintain consistency with the other most recent carpeted areas and reduce the amount of spare tiles needed to be kept on hand for patching with future plans. Work to be done with furniture in place including system furniture cubicles, chairs, and filing cabinets. Phone, Data, and Electrical breaches in the floor will also require carpet tile cutting to finish. Bid to include 20 square yards of "spare" tiles for future patches to be left on site with COR or Inspector. Base coving to be 4” high dark brown (color match on hand with COR) and there is an estimated 350 lineal feet required. Storage for removed carpet is limited therefore offsite disposal must occur after each room/area is completed.
Project Location: Hansen federal building, 324-25th Street, Ogden, UT 84401. Various areas on the 4th and 5th floors. These rooms essentially create eight separate carpeting phases as employees will be moved out and back into spaces as they are completed.
See attached floor drawings for the order of rooms to be carpeted.
Site information and limitations: There is no on-site parking available, only material off-loading and loading allowed. Parking is available within ½ block.
Start Date: July 16, 2016.
Contract time: 30 days total estimated.
List of specifications: Area to be carpeted with 18" square carpet tiles. Product selection is Runaway II ER3 style 03164 carpet in color-18207 Gecko. Base coving to be 4” high dark brown (color match on hand with
COR)
Work week/Schedule: Carpeting to be done Monday – Friday between 7am and 6pm.
Suggested site visit: May 16, 2016 at 10:00am. Please email Diana Early, dearly@fs.fed.us if you plan to attend.
AG-0261-S-16-0034 REGIONAL OFFICE CARPET REPLACEMENT Page 12 of 44 mailto:dearly@fs.fed.us
ATTACHMENTS
1. Wage Determination #2005-2531, Rev 17, 12/29/15, 9 pages
2. Floor Drawings, 2 pages
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WD 05-2531 (Rev.-17) was first posted on www.wdol.gov on 01/05/2016
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.: 2005-2531 Daniel W. Simms Division of | Revision No.: 17 Director Wage Determinations| Date Of Revision: 12/29/2015 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the 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 $10.15 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 2016. 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: Utah Area: Utah Statewide **Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 12.81 01012 - Accounting Clerk II 14.38 01013 - Accounting Clerk III 16.09 01020 - Administrative Assistant 18.47 01040 - Court Reporter 19.50 01051 - Data Entry Operator I 11.89 01052 - Data Entry Operator II 12.98 01060 - Dispatcher, Motor Vehicle 16.80 01070 - Document Preparation Clerk 14.10 01090 - Duplicating Machine Operator 14.10 01111 - General Clerk I 11.54 01112 - General Clerk II 12.59 01113 - General Clerk III 14.13 01120 - Housing Referral Assistant 16.51 01141 - Messenger Courier 11.64 01191 - Order Clerk I 12.93 01192 - Order Clerk II 14.11 01261 - Personnel Assistant (Employment) I 14.71 01262 - Personnel Assistant (Employment) II 16.45 01263 - Personnel Assistant (Employment) III 18.35 01270 - Production Control Clerk 17.99 01280 - Receptionist 10.46 01290 - Rental Clerk 11.44 01300 - Scheduler, Maintenance 13.23 01311 - Secretary I 13.23 01312 - Secretary II 14.80 01313 - Secretary III 16.51 01320 - Service Order Dispatcher 14.95 01410 - Supply Technician 18.43 01420 - Survey Worker 12.10 01531 - Travel Clerk I 12.39 01532 - Travel Clerk II 13.15 01533 - Travel Clerk III 13.78 01611 - Word Processor I 13.94 01612 - Word Processor II 15.88
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01613 - Word Processor III 17.61 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 19.06 05010 - Automotive Electrician 18.09 05040 - Automotive Glass Installer 17.17 05070 - Automotive Worker 17.14 05110 - Mobile Equipment Servicer 15.24 05130 - Motor Equipment Metal Mechanic 18.82 05160 - Motor Equipment Metal Worker 17.14 05190 - Motor Vehicle Mechanic 17.82 05220 - Motor Vehicle Mechanic Helper 14.11 05250 - Motor Vehicle Upholstery Worker 16.19 05280 - Motor Vehicle Wrecker 17.14 05310 - Painter, Automotive 18.09 05340 - Radiator Repair Specialist 17.14 05370 - Tire Repairer 12.41 05400 - Transmission Repair Specialist 18.46 07000 - Food Preparation And Service Occupations 07010 - Baker 11.60 07041 - Cook I 10.72 07042 - Cook II 12.42 07070 - Dishwasher 8.06 07130 - Food Service Worker 8.28 07210 - Meat Cutter 13.77 07260 - Waiter/Waitress 9.23 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 17.05 09040 - Furniture Handler 12.27 09080 - Furniture Refinisher 17.05 09090 - Furniture Refinisher Helper 12.86 09110 - Furniture Repairer, Minor 14.77 09130 - Upholsterer 17.05 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 9.62 11060 - Elevator Operator 9.62 11090 - Gardener 13.88 11122 - Housekeeping Aide 9.99 11150 - Janitor 9.99 11210 - Laborer, Grounds Maintenance 10.72 11240 - Maid or Houseman 8.86 11260 - Pruner 10.07 11270 - Tractor Operator 12.94 11330 - Trail Maintenance Worker 10.72 11360 - Window Cleaner 11.14 12000 - Health Occupations 12010 - Ambulance Driver 14.67 12011 - Breath Alcohol Technician 14.74 12012 - Certified Occupational Therapist Assistant 20.78 12015 - Certified Physical Therapist Assistant 18.90 12020 - Dental Assistant 13.03 12025 - Dental Hygienist 30.54 12030 - EKG Technician 23.74 12035 - Electroneurodiagnostic Technologist 23.74 12040 - Emergency Medical Technician 14.67 12071 - Licensed Practical Nurse I 14.56 12072 - Licensed Practical Nurse II 16.29 12073 - Licensed Practical Nurse III 18.17 12100 - Medical Assistant 12.85 12130 - Medical Laboratory Technician 13.99 12160 - Medical Record Clerk 12.64 12190 - Medical Record Technician 14.89 12195 - Medical Transcriptionist 14.45
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12210 - Nuclear Medicine Technologist 31.97 12221 - Nursing Assistant I 10.00 12222 - Nursing Assistant II 11.24 12223 - Nursing Assistant III 12.26 12224 - Nursing Assistant IV 13.77 12235 - Optical Dispenser 15.17 12236 - Optical Technician 12.73 12250 - Pharmacy Technician 14.80 12280 - Phlebotomist 13.77 12305 - Radiologic Technologist 21.51 12311 - Registered Nurse I 22.82 12312 - Registered Nurse II 27.91 12313 - Registered Nurse II, Specialist 27.91 12314 - Registered Nurse III 33.76 12315 - Registered Nurse III, Anesthetist 33.76 12316 - Registered Nurse IV 40.47 12317 - Scheduler (Drug and Alcohol Testing) 18.69 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 16.49 13012 - Exhibits Specialist II 20.44 13013 - Exhibits Specialist III 25.00 13041 - Illustrator I 18.72 13042 - Illustrator II 23.20 13043 - Illustrator III 28.30 13047 - Librarian 22.73 13050 - Library Aide/Clerk 10.45 13054 - Library Information Technology Systems 20.53 Administrator 13058 - Library Technician 13.18 13061 - Media Specialist I 14.81 13062 - Media Specialist II 16.57 13063 - Media Specialist III 18.48 13071 - Photographer I 15.59 13072 - Photographer II 17.59 13073 - Photographer III 21.61 13074 - Photographer IV 26.44 13075 - Photographer V 31.98 13110 - Video Teleconference Technician 16.34 14000 - Information Technology Occupations 14041 - Computer Operator I 15.11 14042 - Computer Operator II 16.90 14043 - Computer Operator III 19.95 14044 - Computer Operator IV 21.75 14045 - Computer Operator V 24.10 14071 - Computer Programmer I (see 1) 23.80 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 14.59 14160 - Personal Computer Support Technician 21.75 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 31.89 15020 - Aircrew Training Devices Instructor (Rated) 38.58 15030 - Air Crew Training Devices Instructor (Pilot) 42.72 15050 - Computer Based Training Specialist / Instructor 31.89 15060 - Educational Technologist 22.83 15070 - Flight Instructor (Pilot) 42.72 15080 - Graphic Artist 19.67 15090 - Technical Instructor 18.64
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15095 - Technical Instructor/Course Developer 22.82 15110 - Test Proctor 15.04 15120 - Tutor 15.04 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.04 16030 - Counter Attendant 9.04 16040 - Dry Cleaner 12.02 16070 - Finisher, Flatwork, Machine 9.04 16090 - Presser, Hand 9.04 16110 - Presser, Machine, Drycleaning 9.04 16130 - Presser, Machine, Shirts 9.04 16160 - Presser, Machine, Wearing Apparel, Laundry 9.04 16190 - Sewing Machine Operator 12.90 16220 - Tailor 13.67 16250 - Washer, Machine 10.09 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 18.68 19040 - Tool And Die Maker 21.89 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 14.31 21030 - Material Coordinator 18.38 21040 - Material Expediter 18.38 21050 - Material Handling Laborer 11.67 21071 - Order Filler 11.96 21080 - Production Line Worker (Food Processing) 14.31 21110 - Shipping Packer 13.08 21130 - Shipping/Receiving Clerk 13.08 21140 - Store Worker I 10.83 21150 - Stock Clerk 15.07 21210 - Tools And Parts Attendant 14.31 21410 - Warehouse Specialist 14.31 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 25.76 23021 - Aircraft Mechanic I 24.30 23022 - Aircraft Mechanic II 25.76 23023 - Aircraft Mechanic III 26.95 23040 - Aircraft Mechanic Helper 16.74 23050 - Aircraft, Painter 22.63 23060 - Aircraft Servicer 19.31 23080 - Aircraft Worker 20.59 23110 - Appliance Mechanic 18.84 23120 - Bicycle Repairer 12.41 23125 - Cable Splicer 25.98 23130 - Carpenter, Maintenance 17.48 23140 - Carpet Layer 16.82 23160 - Electrician, Maintenance 20.33 23181 - Electronics Technician Maintenance I 21.64 23182 - Electronics Technician Maintenance II 23.70 23183 - Electronics Technician Maintenance III 25.21 23260 - Fabric Worker 17.27 23290 - Fire Alarm System Mechanic 20.83 23310 - Fire Extinguisher Repairer 16.01 23311 - Fuel Distribution System Mechanic 23.58 23312 - Fuel Distribution System Operator 17.93 23370 - General Maintenance Worker 16.62 23380 - Ground Support Equipment Mechanic 24.30 23381 - Ground Support Equipment Servicer 19.31 23382 - Ground Support Equipment Worker 20.59 23391 - Gunsmith I 16.01 23392 - Gunsmith II 18.54 23393 - Gunsmith III 21.06 23410 - Heating, Ventilation And Air-Conditioning 19.11
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Mechanic 23411 - Heating, Ventilation And Air Conditioning 19.96 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 22.27 23440 - Heavy Equipment Operator 18.92 23460 - Instrument Mechanic 23.00 23465 - Laboratory/Shelter Mechanic 19.80 23470 - Laborer 11.11 23510 - Locksmith 16.75 23530 - Machinery Maintenance Mechanic 20.97 23550 - Machinist, Maintenance 18.47 23580 - Maintenance Trades Helper 13.08 23591 - Metrology Technician I 23.00 23592 - Metrology Technician II 24.38 23593 - Metrology Technician III 25.51 23640 - Millwright 22.04 23710 - Office Appliance Repairer 18.51 23760 - Painter, Maintenance 18.43 23790 - Pipefitter, Maintenance 21.59 23810 - Plumber, Maintenance 20.85 23820 - Pneudraulic Systems Mechanic 21.06 23850 - Rigger 21.06 23870 - Scale Mechanic 18.54 23890 - Sheet-Metal Worker, Maintenance 20.68 23910 - Small Engine Mechanic 17.46 23931 - Telecommunications Mechanic I 24.64 23932 - Telecommunications Mechanic II 26.12 23950 - Telephone Lineman 20.43 23960 - Welder, Combination, Maintenance 17.45 23965 - Well Driller 21.48 23970 - Woodcraft Worker 21.06 23980 - Woodworker 14.12 24000 - Personal Needs Occupations 24570 - Child Care Attendant 9.97 24580 - Child Care Center Clerk 12.45 24610 - Chore Aide 9.86 24620 - Family Readiness And Support Services 11.70 Coordinator 24630 - Homemaker 13.78 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 25.82 25040 - Sewage Plant Operator 19.53 25070 - Stationary Engineer 25.82 25190 - Ventilation Equipment Tender 17.29 25210 - Water Treatment Plant Operator 19.53 27000 - Protective Service Occupations 27004 - Alarm Monitor 15.44 27007 - Baggage Inspector 12.47 27008 - Corrections Officer 19.80 27010 - Court Security Officer 19.30 27030 - Detection Dog Handler 18.83 27040 - Detention Officer 19.80 27070 - Firefighter 18.02 27101 - Guard I 12.47 27102 - Guard II 18.83 27131 - Police Officer I 21.39 27132 - Police Officer II 23.69 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 10.98 28042 - Carnival Equipment Repairer 11.75 28043 - Carnival Equipment Worker 8.65 28210 - Gate Attendant/Gate Tender 14.59
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28310 - Lifeguard 11.17 28350 - Park Attendant (Aide) 16.32 28510 - Recreation Aide/Health Facility Attendant 11.91 28515 - Recreation Specialist 16.29 28630 - Sports Official 13.00 28690 - Swimming Pool Operator 15.88 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 22.52 29020 - Hatch Tender 22.52 29030 - Line Handler 22.52 29041 - Stevedore I 20.98 29042 - Stevedore II 24.05 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.77 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.66 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 - Archeological Technician I 17.36 30022 - Archeological Technician II 18.37 30023 - Archeological Technician III 22.75 30030 - Cartographic Technician 22.75 30040 - Civil Engineering Technician 19.83 30061 - Drafter/CAD Operator I 17.36 30062 - Drafter/CAD Operator II 18.37 30063 - Drafter/CAD Operator III 20.48 30064 - Drafter/CAD Operator IV 24.96 30081 - Engineering Technician I 14.56 30082 - Engineering Technician II 16.34 30083 - Engineering Technician III 18.28 30084 - Engineering Technician IV 22.65 30085 - Engineering Technician V 27.71 30086 - Engineering Technician VI 32.84 30090 - Environmental Technician 20.38 30210 - Laboratory Technician 19.00 30240 - Mathematical Technician 22.75 30361 - Paralegal/Legal Assistant I 17.20 30362 - Paralegal/Legal Assistant II 21.32 30363 - Paralegal/Legal Assistant III 26.08 30364 - Paralegal/Legal Assistant IV 31.55 30390 - Photo-Optics Technician 22.75 30461 - Technical Writer I 20.95 30462 - Technical Writer II 25.64 30463 - Technical Writer III 31.00 30491 - Unexploded Ordnance (UXO) Technician I 22.74 30492 - Unexploded Ordnance (UXO) Technician II 27.51 30493 - Unexploded Ordnance (UXO) Technician III 32.97 30494 - Unexploded (UXO) Safety Escort 22.74 30495 - Unexploded (UXO) Sweep Personnel 22.74 30620 - Weather Observer, Combined Upper Air Or (see 2) 20.48 Surface Programs 30621 - Weather Observer, Senior (see 2) 22.75 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 10.64 31030 - Bus Driver 15.04 31043 - Driver Courier 11.38 31260 - Parking and Lot Attendant 8.71 31290 - Shuttle Bus Driver 12.36 31310 - Taxi Driver 10.71 31361 - Truckdriver, Light 12.36 31362 - Truckdriver, Medium 16.84 31363 - Truckdriver, Heavy 18.99 31364 - Truckdriver, Tractor-Trailer 18.99 99000 - Miscellaneous Occupations
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99030 - Cashier 8.83 99050 - Desk Clerk 9.45 99095 - Embalmer 25.48 99251 - Laboratory Animal Caretaker I 10.19 99252 - Laboratory Animal Caretaker II 10.67 99310 - Mortician 33.91 99410 - Pest Controller 14.02 99510 - Photofinishing Worker 11.77 99710 - Recycling Laborer 16.98 99711 - Recycling Specialist 20.20 99730 - Refuse Collector 15.21 99810 - Sales Clerk 11.95 99820 - School Crossing Guard 9.59 99830 - Survey Party Chief 18.63 99831 - Surveying Aide 13.27 99832 - Surveying Technician 16.93 99840 - Vending Machine Attendant 15.14 99841 - Vending Machine Repairer 18.30 99842 - Vending Machine Repairer Helper 15.14
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month
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 eleven paid holidays per year: New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Good Friday, 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
AG-0261-S-16-0034 REGIONAL OFFICE CARPET REPLACEMENT Page 20 of 44 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 ordinance, 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 regrading 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.
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The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol. gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.
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.
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