Modified_RFP_Overhaul_RockCrusher2010.doc

SERVICE RFP

REVISION NO. 1

SOL NO AG-8173-S-10-0007

UNIT: APACHE-SITGREAVES N.F.

PROJ NAME: OVERHAUL/RECONDITION FAHR ROCK CRUSHER

UNDER DPAS (15 CFR 700)

SEALED BID (IFB)

NUMBER

FORMCHECKBOX

NEGOTIATED (RFP)

8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8,

(Hour)

(Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

x x

OTHER STATEMENTS OF OFFERORS

x

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

(See Section I, Clause No. 52-232-8)

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated):

15A.

NAME AND ADDRESS

OF OFFEROR

CODE

FACILITY

OFFER (Type or Print)

15B. TELEPHONE NO. (Include area code and extension)

18. OFFER DATE

IS DIFFERENT FROM ABOVE - ENTER

FORMCHECKBOX

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

FORMCHECKBOX

10 U.S.C. 2304 (c) (

FORMCHECKBOX

41 U.S.C. 253(c) (

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

PART I—THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

DESCRIPTION OF WORK:

B.1.1 – Overhaul/Repair/Recondition FAHR Road Crusher Model Forester C-2000, Year-1997:

Contractor shall provide all expertise, parts, labor, supplies, transportation, tools, incidentals, and equipment necessary to complete the work of this solicitation in strict accordance with all terms and conditions contained herein.

Price shall include all transportation and shipping costs to and from the Awarded Contractor’s repair facility (permits, pilot cars, lodging, etc.) in accordance with all Federal, State, and Local requirements.

1997 FAHR ROCK CRUSHER

FORESTER C-2000

ALL OF THE WORK DESCRIBED HEREIN IS COVERED BY THE SERVICE CONTRACT ACT (SCA). WAGE DETERMINATION NUMBER 2005-2023 FOR APACHE COUNTY, ARIZONA HAS BEEN ATTACHED IN SECTION J. ALL OFFERS SHALL INCLUDE IN THEIR PRICE THE APPROPRIATE LABOR COSTS FOR THE WAGE DETERMINATION THAT APPLIES FOR THEIR LOCALE. TO OBTAIN A COPY OF THE APPLICABLE WAGE DETERMINATION FOR YOUR LOCATION, CONTACT THE CONTRACTING OFFICER. CERTIFIED PAYROLLS ARE NOT REQUIRED UNDER SCA.

AWARD DETERMINATION (SEE SECTION M): THIS CONTRACT WILL BE AWARDED TO THE RESPONSIVE, RESPONSIBLE CONTRACTOR THAT HAS PREVIOUS EXPERIENCE REPAIRING MOBILE ROCK CRUSHERS, PROVIDES THE VERIFIABLE REFERENCES OF PAST EXPERIENCE, AND IS THE BEST VALUE TO THE GOVERNMENT.

DUE TO THE SHORT TURN AROUND TIME FOR PROPOSALS, FACISIMILE RESPONSES ARE ALLOWED. FAX TO ATTN: WARREN ABBOTT, 928-333-5966 OR BY EMAIL wabbott@fs.fed.us.

DUE DATE FOR OFFERS HAS BEEN EXTENDED TO JANUARY 21, 2010, 1630 MST.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

Overhaul/Repair/Recondition FAHR Road Crusher Model Forester C-2000, Year-1997. Contractor shall provide all expertise, parts, labor, supplies, transportation, tools, incidentals, and equipment necessary to complete the work of this solicitation in strict accordance with all terms and conditions contained herein.

LOCATION AND DESCRIPTION

The Road Crusher is located at the Forest Service Fleet Yard, 445 East Navajo, Springerville, AZ 85938. All shipping and transportation related costs (pilot vehicles, etc.) to the Contractor’s repair facility and the return of the unit to Springerville, AZ shall be included in the price to repair the Road Crusher.

TECHNICAL SPECIFICATIONS

Repair of the Rock Crusher shall be in accordance with industry standards.

Repair shall include but not be limited to the following:

· Bent Anvil and Mainframe

· Transmission damage

· Damage Bearings and Mounts

· Frame wear beneath wear plates

PERIOD OF PERFORMANCE

The Rock Crusher is integral to the Road Maintenance program on the Forest. The Period of Performance is mandatory, January 29, 2010 through June 28, 2010. The Awarded Contractor shall perform all the work required herein within this time period. Actual start date is negotiable, the completion date is not negotiable. All work and transportation back to the Forest shall be completed on or before June 28, 2010.

SECTION D--PACKAGING AND MARKING

The Rock Crusher shall be transported in a safe and secure manner, in accordance with all Federal, State, and Local requirements.

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from January 19, 2010 through June 18, 2010_.

SECTION G--CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within _(3)_ days after the date of contract award. The conference will be held by telephone conference call.

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

{For this Solicitation, there are NO clauses in this Section}

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (JUL 2004)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (MAY 2008)

52.215-2 Audit and Records -- Negotiation (JUN 1999)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-8 Utilization of Small Business Concerns (MAY 2004) Alternate II (Oct 2001)

52.219-14 Limitations on Subcontracting (DEC 1996)

52.219-16 Liquidated Damages --Subcontracting Plan (JAN 1999) (Applicable if > $550,000) 52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation (JUL 2005)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

52.222-41 Service Contract Act of 1965, as Amended (JUL 2005)

52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002)

52.222-50 Combating Trafficking in Persons (SEP 2007)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

52.229-3 Federal, State, and Local Taxes (APR 2003)

52.232-1 Payments (APR 84)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-17 Interest (OCT 2008)

52.232-23 Assignment of Claims (JAN 1986)

52.232-25 Prompt Payment (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

52.233-1 Disputes (JULY 2002)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-13 Bankruptcy (JUL 1995)

52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2009)

52.245-1 Property Records (JUN 2007)

52.245-2 Government Property (Fixed-Price Contracts) (JUN 2007) 52.246-25 Limitation of Liability—Services (FEB 1997)

52.248-1 Value Engineering (FEB 2000)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)

452.237-75 Restrictions Against Disclosure (FEB 1988)

52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.222-39 Notification Of Employee Rights Concerning Payment Of Union Dues Or Fees (Dec 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It Is Not A Wage Determination.

Employee Class

Monetary Wage--Fringe Benefits

23530 - Machinery Maintenance Mechanic 23.40

3.35 FAR 52.246-20 Warranty of Services (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor __1000 hours of use_____ . This notice shall state either--

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

EXHIBIT 1

US DOL WAGE DETERMINATION NO. 2005-2023, DATED 8/15/2009

(REVISION NO. 11)

WD 05-2023 (Rev.-11) was first posted on www.wdol.gov on 08/25/2009

REGISTER OF WAGE DETERMINATIONS

| U.S. DEPARTMENT OF LABOR

UNDER 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.: 2005-2023

Shirley F. Ebbesen

Division of | Revision No.: 11

Director

Wage Determinations| Date Of Revision: 08/15/2009

State: Arizona

Area: Arizona Counties of Apache, Coconino, Gila, Maricopa, Navajo, Pinal, Yavapai

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations

01011 - Accounting Clerk I 13.50

01012 - Accounting Clerk II 15.16

01013 - Accounting Clerk III 16.95

01020 - Administrative Assistant 25.36

01040 - Court Reporter 16.73

01051 - Data Entry Operator I 12.52

01052 - Data Entry Operator II 13.66

01060 - Dispatcher, Motor Vehicle 16.40

01070 - Document Preparation Clerk 13.55

01090 - Duplicating Machine Operator 13.55

01111 - General Clerk I 12.32

01112 - General Clerk II 13.44

01113 - General Clerk III 15.09

01120 - Housing Referral Assistant 19.35

01141 - Messenger Courier 11.42

01191 - Order Clerk I 12.32

01192 - Order Clerk II 14.86

01261 - Personnel Assistant (Employment) I 14.40

01262 - Personnel Assistant (Employment) II 16.11

01263 - Personnel Assistant (Employment) III 17.96

01270 - Production Control Clerk 19.39

01280 - Receptionist 12.58

01290 - Rental Clerk 14.19

01300 - Scheduler, Maintenance 16.08

01311 - Secretary I 16.08

01312 - Secretary II 17.50

01313 - Secretary III 19.39

01320 - Service Order Dispatcher 14.32

01410 - Supply Technician 25.36

01420 - Survey Worker 15.40

01531 - Travel Clerk I 12.59

01532 - Travel Clerk II 13.64

01533 - Travel Clerk III 14.69

01611 - Word Processor I 13.82

01612 - Word Processor II 15.78

01613 - Word Processor III 17.54

05000 - Automotive Service Occupations

05005 - Automobile Body Repairer, Fiberglass 20.34

05010 - Automotive Electrician 20.30

05040 - Automotive Glass Installer 19.42

05070 - Automotive Worker 19.42

05110 - Mobile Equipment Servicer 16.62

05130 - Motor Equipment Metal Mechanic 22.69

05160 - Motor Equipment Metal Worker 19.62

05190 - Motor Vehicle Mechanic 21.59

05220 - Motor Vehicle Mechanic Helper 15.12

05250 - Motor Vehicle Upholstery Worker 18.14

05280 - Motor Vehicle Wrecker 19.62

05310 - Painter, Automotive 22.12

05340 - Radiator Repair Specialist 19.58

05370 - Tire Repairer 14.21

05400 - Transmission Repair Specialist 21.59

07000 - Food Preparation And Service Occupations

07010 - Baker 11.36

07041 - Cook I 10.50

07042 - Cook II 11.67

07070 - Dishwasher 8.17

07130 - Food Service Worker 10.17

07210 - Meat Cutter 16.58

07260 - Waiter/Waitress 8.86

09000 - Furniture Maintenance And Repair Occupations

09010 - Electrostatic Spray Painter 16.50

09040 - Furniture Handler 10.88

09080 - Furniture Refinisher 16.50

09090 - Furniture Refinisher Helper 12.16

09110 - Furniture Repairer, Minor 14.59

09130 - Upholsterer 16.50

11000 - General Services And Support Occupations

11030 - Cleaner, Vehicles 9.31

11060 - Elevator Operator 9.31

11090 - Gardener 12.96

11122 - Housekeeping Aide 10.90

11150 - Janitor 11.10

11210 - Laborer, Grounds Maintenance 10.31

11240 - Maid or Houseman 8.86

11260 - Pruner 10.14

11270 - Tractor Operator 11.82

11330 - Trail Maintenance Worker 10.31

11360 - Window Cleaner 12.00

12000 - Health Occupations

12010 - Ambulance Driver 13.06

12011 - Breath Alcohol Technician 17.86

12012 - Certified Occupational Therapist Assistant 22.54

12015 - Certified Physical Therapist Assistant 18.63

12020 - Dental Assistant 15.99

12025 - Dental Hygienist 34.70

12030 - EKG Technician 21.08

12035 - Electroneurodiagnostic Technologist 21.08

12040 - Emergency Medical Technician 13.06

12071 - Licensed Practical Nurse I 15.97

12072 - Licensed Practical Nurse II 17.86

12073 - Licensed Practical Nurse III 19.92

12100 - Medical Assistant 14.05

12130 - Medical Laboratory Technician 17.83

12160 - Medical Record Clerk 12.75

12190 - Medical Record Technician 15.57

12195 - Medical Transcriptionist 16.33

12210 - Nuclear Medicine Technologist 32.42

12221 - Nursing Assistant I 10.15

12222 - Nursing Assistant II 11.41

12223 - Nursing Assistant III 12.45

12224 - Nursing Assistant IV 13.98

12235 - Optical Dispenser 15.28

12236 - Optical Technician 14.85

12250 - Pharmacy Technician 13.97

12280 - Phlebotomist 13.98

12305 - Radiologic Technologist 24.08

12311 - Registered Nurse I 25.71

12312 - Registered Nurse II 31.46

12313 - Registered Nurse II, Specialist 31.46

12314 - Registered Nurse III 38.06

12315 - Registered Nurse III, Anesthetist 38.06

12316 - Registered Nurse IV 46.63

12317 - Scheduler (Drug and Alcohol Testing) 22.13

13000 - Information And Arts Occupations

13011 - Exhibits Specialist I 15.53

13012 - Exhibits Specialist II 19.16

13013 - Exhibits Specialist III 23.37

13041 - Illustrator I 18.79

13042 - Illustrator II 23.18

13043 - Illustrator III 28.27

13047 - Librarian 21.94

13050 - Library Aide/Clerk 12.91

13054 - Library Information Technology Systems 20.92

Administrator

13058 - Library Technician 14.08

13061 - Media Specialist I 14.29

13062 - Media Specialist II 15.99

13063 - Media Specialist III 17.83

13071 - Photographer I 14.99

13072 - Photographer II 17.27

13073 - Photographer III 21.32

13074 - Photographer IV 26.01

13075 - Photographer V 31.55

13110 - Video Teleconference Technician 15.16

14000 - Information Technology Occupations

14041 - Computer Operator I 15.04

14042 - Computer Operator II 17.51

14043 - Computer Operator III 20.13

14044 - Computer Operator IV 22.75

14045 - Computer Operator V 24.82

14071 - Computer Programmer I (see 1) 23.00

14072 - Computer Programmer II (see 1) 24.90

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 15.04

14160 - Personal Computer Support Technician 22.75

15000 - Instructional Occupations

15010 - Aircrew Training Devices Instructor (Non-Rated) 29.46

15020 - Aircrew Training Devices Instructor (Rated) 36.56

15030 - Air Crew Training Devices Instructor (Pilot) 40.22

15050 - Computer Based Training Specialist / Instructor 29.46

15060 - Educational Technologist 21.09

15070 - Flight Instructor (Pilot) 40.22

15080 - Graphic Artist 21.19

15090 - Technical Instructor 19.54

15095 - Technical Instructor/Course Developer 23.90

15110 - Test Proctor 15.77

15120 - Tutor 15.77

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

16010 - Assembler 8.59

16030 - Counter Attendant 8.59

16040 - Dry Cleaner 10.74

16070 - Finisher, Flatwork, Machine 8.59

16090 - Presser, Hand 8.59

16110 - Presser, Machine, Drycleaning 8.59

16130 - Presser, Machine, Shirts 8.59

16160 - Presser, Machine, Wearing Apparel, Laundry 8.59

16190 - Sewing Machine Operator 11.43

16220 - Tailor 12.15

16250 - Washer, Machine 9.35

19000 - Machine Tool Operation And Repair Occupations

19010 - Machine-Tool Operator (Tool Room) 16.74

19040 - Tool And Die Maker 22.78

21000 - Materials Handling And Packing Occupations

21020 - Forklift Operator 13.52

21030 - Material Coordinator 19.39

21040 - Material Expediter 19.39

21050 - Material Handling Laborer 11.91

21071 - Order Filler 12.24

21080 - Production Line Worker (Food Processing) 13.52

21110 - Shipping Packer 14.52

21130 - Shipping/Receiving Clerk 14.52

21140 - Store Worker I 8.97

21150 - Stock Clerk 14.13

21210 - Tools And Parts Attendant 14.00

21410 - Warehouse Specialist 14.00

23000 - Mechanics And Maintenance And Repair Occupations

23010 - Aerospace Structural Welder 26.63

23021 - Aircraft Mechanic I 25.32

23022 - Aircraft Mechanic II 26.63

23023 - Aircraft Mechanic III 27.96

23040 - Aircraft Mechanic Helper 17.73

23050 - Aircraft, Painter 24.05

23060 - Aircraft Servicer 21.26

23080 - Aircraft Worker 22.78

23110 - Appliance Mechanic 18.79

23120 - Bicycle Repairer 12.92

23125 - Cable Splicer 26.60

23130 - Carpenter, Maintenance 16.50

23140 - Carpet Layer 15.63

23160 - Electrician, Maintenance 19.99

23181 - Electronics Technician Maintenance I 16.36

23182 - Electronics Technician Maintenance II 23.29

23183 - Electronics Technician Maintenance III 25.37

23260 - Fabric Worker 14.70

23290 - Fire Alarm System Mechanic 19.80

23310 - Fire Extinguisher Repairer 15.11

23311 - Fuel Distribution System Mechanic 27.13

23312 - Fuel Distribution System Operator 18.82

23370 - General Maintenance Worker 15.89

23380 - Ground Support Equipment Mechanic 25.32

23381 - Ground Support Equipment Servicer 21.26

23382 - Ground Support Equipment Worker 22.78

23391 - Gunsmith I 15.11

23392 - Gunsmith II 18.08

23393 - Gunsmith III 21.02

23410 - Heating, Ventilation And Air-Conditioning 18.76

Mechanic

23411 - Heating, Ventilation And Air Contditioning 19.60

Mechanic (Research Facility)

23430 - Heavy Equipment Mechanic 21.20

23440 - Heavy Equipment Operator 20.05

23460 - Instrument Mechanic 24.18

23465 - Laboratory/Shelter Mechanic 19.55

23470 - Laborer 10.98

23510 - Locksmith 18.84

23530 - Machinery Maintenance Mechanic 23.40

23550 - Machinist, Maintenance 17.73

23580 - Maintenance Trades Helper 12.40

23591 - Metrology Technician I 24.18

23592 - Metrology Technician II 25.25

23593 - Metrology Technician III 26.51

23640 - Millwright 23.72

23710 - Office Appliance Repairer 19.75

23760 - Painter, Maintenance 16.50

23790 - Pipefitter, Maintenance 19.11

23810 - Plumber, Maintenance 18.15

23820 - Pneudraulic Systems Mechanic 21.02

23850 - Rigger 21.02

23870 - Scale Mechanic 18.08

23890 - Sheet-Metal Worker, Maintenance 17.37

23910 - Small Engine Mechanic 15.63

23931 - Telecommunications Mechanic I 22.60

23932 - Telecommunications Mechanic II 26.99

23950 - Telephone Lineman 18.23

23960 - Welder, Combination, Maintenance 17.37

23965 - Well Driller 20.42

23970 - Woodcraft Worker 20.87

23980 - Woodworker 13.37

24000 - Personal Needs Occupations

24570 - Child Care Attendant 10.73

24580 - Child Care Center Clerk 16.79

24610 - Chore Aide 10.44

24620 - Family Readiness And Support Services 15.56

Coordinator

24630 - Homemaker 18.38

25000 - Plant And System Operations Occupations

25010 - Boiler Tender 23.78

25040 - Sewage Plant Operator 22.15

25070 - Stationary Engineer 23.78

25190 - Ventilation Equipment Tender 14.81

25210 - Water Treatment Plant Operator 22.15

27000 - Protective Service Occupations

27004 - Alarm Monitor 18.73

27007 - Baggage Inspector 10.93

27008 - Corrections Officer 19.77

27010 - Court Security Officer 20.49

27030 - Detection Dog Handler 17.74

27040 - Detention Officer 19.77

27070 - Firefighter 21.80

27101 - Guard I 10.93

27102 - Guard II 16.13

27131 - Police Officer I 25.69

27132 - Police Officer II 28.53

28000 - Recreation Occupations

28041 - Carnival Equipment Operator 12.96

28042 - Carnival Equipment Repairer 14.20

28043 - Carnival Equpment Worker 9.26

28210 - Gate Attendant/Gate Tender 14.00

28310 - Lifeguard 11.90

28350 - Park Attendant (Aide) 15.66

28510 - Recreation Aide/Health Facility Attendant 11.54

28515 - Recreation Specialist 16.35

28630 - Sports Official 12.47

28690 - Swimming Pool Operator 19.72

29000 - Stevedoring/Longshoremen Occupational Services

29010 - Blocker And Bracer 19.45

29020 - Hatch Tender 19.45

29030 - Line Handler 19.45

29041 - Stevedore I 17.16

29042 - Stevedore II 21.45

30000 - Technical Occupations

30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.15

30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.24

30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 26.69

30021 - Archeological Technician I 17.49

30022 - Archeological Technician II 19.58

30023 - Archeological Technician III 24.25

30030 - Cartographic Technician 24.59

30040 - Civil Engineering Technician 21.56

30061 - Drafter/CAD Operator I 17.49

30062 - Drafter/CAD Operator II 19.84

30063 - Drafter/CAD Operator III 22.12

30064 - Drafter/CAD Operator IV 24.87

30081 - Engineering Technician I 15.61

30082 - Engineering Technician II 17.26

30083 - Engineering Technician III 21.48

30084 - Engineering Technician IV 25.33

30085 - Engineering Technician V 27.52

30086 - Engineering Technician VI 31.49

30090 - Environmental Technician 20.49

30210 - Laboratory Technician 21.24

30240 - Mathematical Technician 24.69

30361 - Paralegal/Legal Assistant I 21.19

30362 - Paralegal/Legal Assistant II 25.09

30363 - Paralegal/Legal Assistant III 30.61

30364 - Paralegal/Legal Assistant IV 37.15

30390 - Photo-Optics Technician 24.69

30461 - Technical Writer I 22.49

30462 - Technical Writer II 27.51

30463 - Technical Writer III 29.36

30491 - Unexploded Ordnance (UXO) Technician I 22.34

30492 - Unexploded Ordnance (UXO) Technician II 27.03

30493 - Unexploded Ordnance (UXO) Technician III 32.40

30494 - Unexploded (UXO) Safety Escort 22.34

30495 - Unexploded (UXO) Sweep Personnel 22.34

30620 - Weather Observer, Combined Upper Air Or (see 2) 21.60

Surface Programs

30621 - Weather Observer, Senior (see 2) 23.69

31000 - Transportation/Mobile Equipment Operation Occupations

31020 - Bus Aide 8.17

31030 - Bus Driver 17.45

31043 - Driver Courier 13.15

31260 - Parking and Lot Attendant 9.64

31290 - Shuttle Bus Driver 14.97

31310 - Taxi Driver 10.19

31361 - Truckdriver, Light 14.97

31362 - Truckdriver, Medium 18.71

31363 - Truckdriver, Heavy 19.17

31364 - Truckdriver, Tractor-Trailer 19.17

99000 - Miscellaneous Occupations

99030 - Cashier 11.86

99050 - Desk Clerk 10.01

99095 - Embalmer 24.27

99251 - Laboratory Animal Caretaker I 10.57

99252 - Laboratory Animal Caretaker II 13.33

99310 - Mortician 28.19

99410 - Pest Controller 13.19

99510 - Photofinishing Worker 13.44

99710 - Recycling Laborer 16.50

99711 - Recycling Specialist 21.19

99730 - Refuse Collector 15.72

99810 - Sales Clerk 12.38

99820 - School Crossing Guard 8.01

99830 - Survey Party Chief 24.76

99831 - Surveying Aide 14.92

99832 - Surveying Technician 21.02

99840 - Vending Machine Attendant 14.89

99841 - Vending Machine Repairer 18.88

99842 - Vending Machine Repairer Helper 14.89

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.35 per hour or $134.00 per week or $580.66 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 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 4174)

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 ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, 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 ordance, (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 ordance, 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 ordance, 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.

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…