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- CLEANING SERVICES Federal contract opportunity
- Solicitation number
- AG-9JGP-S-16-0144
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RFQ
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
| 1. REQUISITION NUMBER |
| PAGE 1 OF 33 |
| OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 |
| 810979 |
| 2. CONTRACT NO. |
| 3. AWARD/EFFECTIVE |
| 4. ORDER NUMBER |
| 5. SOLICITATION NUMBER |
| 6. SOLICITATION ISSUE |
DATE
AG-9JGP-S-16-0144
DATE
July 27, 2016
| 7. FOR SOLICITATION INFORMATION CALL: |
| a. NAME |
Hern Crane, Technical Teresa Reniff, Contracting
b. TELEPHONE NUMBER(No collect calls) 760-873-2511 530-532-7456
8. OFFER DUE DATE/LOCAL TIME
August 11, 2016 @ 4:30 PM
9. ISSUED BY CODE
10. THIS ACQUISITION IS |_| UNRESTRICTED OR |X| SET ASIDE: 100 % FOR
|X| SMALL BUSINESS |_| WOMEN-OWNED SMALL BUSINESS
|_| HUBZONE SMALL (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
BUSINESS SMALL BUSINESS PROGRAM NAICS:
|_| SERVICE DISABLED |_| EDWOSB 561720
VETERAN- OWNED SIZE STANDARD:
SMALL BUSINESS |_| 8(A) $16.5M
USDA Forest Service Central California Acquisitions 875 Mitchell Avenue Oroville, CA 95965
11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED
|_| SEE SCHEDULE
| 12. DISCOUNT TERMS |
| |_| 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) |
| 13b. RATING |
14. METHOD OF SOLICITATION
|X| RFQ |_| IFB |_| RFP
15. DELIVER TO CODE
See specifications.
16. ADMINISTERED BY CODE
See block 9.
17a. CONTRACTOR/ CODE FACILITY
OFFEROR CODE
18a. PAYMENT WILL BE MADE BY CODE
Invoice Processing Platform (www.ipp.gov) All invoices must be submitted electronically through the Invoice Processing Platform IPP via www.IPP.gov
TELEPHONE N0.
| |_| 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN |
| 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW |
| OFFER |
| IS CHECKED |
|X| SEE ADDENDUM
| 19. |
| 20. |
| 21. |
| 22. |
| 23. |
| 24. |
| ITEM N0. |
| SCHEDULE OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
See separate schedule sheet.
E-mail offers are not authorized.
PROJECT NAME: Recreation Facility Cleaning - Sites 4 & 5 UNIT: Inyo NF, White Mountain Ranger District
Offers will be accepted hardcopy or via facsimile (fax 530-532-1210)
To verify receipt of an offer, you may call Teresa Reniff @ (530)532-7456
Contractor MUST be registered in the System for Award Management (SAM) in order to qualify for award.
Please provide the following information:
DUNS#______________________
(Use Reverse and/or Attach Additional Sheets as Necessary)
Please allow 2 days before inquiring about award status.
Offers must be fully received by the due date and time. Please plan accordingly.
25. ACCOUNTING AND APPROPRIATION DATA
See IAS requisition.
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
| |X| |
| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |
| |X| |
| ARE |
| |_| |
| ARE NOT ATTACHED |
| |_| |
| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |
| |_| |
| ARE |
| |_| |
| ARE NOT ATTACHED |
| |X| 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______1________ |
| |_| 29. AWARD OF CONTRACT: REF. OFFER |
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
| DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY |
| DATED .. YOUR OFFER ON SOLICITATION |
| ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED |
| (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE |
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________
| 30a. SIGNATURE OF OFFEROR/CONTRACTOR |
| 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) |
| 30b. NAME AND TITLE OF SIGNER (Type or print) |
| 30c. DATE SIGNED |
| 31b. NAME OF CONTRACTING OFFICER (Type or print) |
| 31c. DATE SIGNED |
| AUTHORIZED FOR LOCAL REPRODUCTION | STANDARD FORM 1449 (REV.2/2012) |
| PREVIOUS EDITION IS NOT USABLE | Prescribed by GSA FAR (48 CFR) 53.212 |
| Solicitation No. AG-9JGP-S-16-0144 | |
| Recreation Facility Cleaning - Sites 4 & 5 | |
| Inyo NF/White Mountain Ranger District | |
| Page 31 |
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
Base (August 15, 2016 – November 21, 2016)
Onion Valley Trailhead
(A)Toilet Facility Cleaning (2 seat) and (B)Garbage Removal (8 trash cans) Empty trash can(s) inside and outside of toilet building. Dispose of trash off-site
Schedule:
August: 15, 17, 19, 21, 23, 25, 27, 29, 31 September: 2, 4, 5, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, & 30 October: 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, & 31 November: 2, 5, 9
Whitney Portal Trailhead
(A)Toilet Facility Cleaning (4 seat) and (B)Garbage Removal (12 trash cans) Empty trash can(s) inside and outside of toilet building. Dispose of trash off-site
Schedule:
August - Everyday starting the 15th of August September – Everyday (30 days) October – Everyday (31 days) November – 1, 5, 7, 10, 12, 14, 17, 19, 21
Option Year #1 (May 27, 2017 – November 21, 2017)
Onion Valley Trailhead
(A)Toilet Facility Cleaning (2 seat) and (B)Garbage Removal (8 trash cans) Empty trash can(s) inside and outside of toilet building. Dispose of trash off-site
Schedule:
May – 27, 29, 31 June – 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30 July - 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30 August – 1, 3, 5, 7, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31 September 2, 4, 5, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, & 30 October – 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31 November – 3, 5, 10 **Actual schedule will be provided at the time 1st Option Year is exercised.
Whitney Portal Trailhead
(A)Toilet Facility Cleaning (4 seat) and (B)Garbage Removal (12 trash cans) Empty trash can(s) inside and outside of toilet building. Dispose of trash off-site
Schedule:
May: 27th – 30th June: Everyday (30 days) July: Everyday (31 days) August: Everyday (31 days) September: Everyday (30 days) October – Everyday (31 days) November – 1, 3, 5, 7,10, 12, 14, 17, 19, 21 **Actual schedule will be provided at the time 1st Option Year is exercised.
Option Year #2 (May 27, 2018 – November 21, 2018)
Onion Valley Trailhead
(A)Toilet Facility Cleaning (2 seat) and (B)Garbage Removal (8 trash cans) Empty trash can(s) inside and outside of toilet building. Dispose of trash off-site
Schedule:
May: 27, 29, & 31 June: 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28 & 30 July: 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28 & 30 August: 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29 & 31 September: 2, 4, 5, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, & 30 October: 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31 November: 3, 5, 10 **Actual schedule will be provided at the time 2nd Option Year is exercised.
Whitney Portal Trailhead
(A)Toilet Facility Cleaning (4 seat) and (B)Garbage Removal (12 trash cans) Empty trash can(s) inside and outside of toilet building. Dispose of trash off-site
Schedule:
May: 27 - 30 June: Everyday (30 days) July: Everyday (31 days) August: Everyday (31 days) September: Everyday (30 days) October: Everyday (31 days) November: 1, 3, 5, 7,10, 12, 14, 17, 19, 21 **Actual schedule will be provided at the time 2nd Option Year is exercised.
Day
BASE TOTAL
OPTION YEAR #1 TOTAL
OPTION YEAR #2 TOTAL
32a. QUANTITY IN COLUMN 21 HAS BEEN
|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
| 33. SHIP NUMBER |
| 34. VOUCHER NUMBER |
| 35. AMOUNT VERIFIED |
CORRECT FOR
| 36. PAYMENT |
| 37. CHECK NUMBER |
|PARTIAL | |FINAL
|_| COMPLETE |_| PARTIAL |_| FINAL
| 38. S/R ACCOUNT NUMBER |
| 39. S/R VOUCHER NUMBER |
| 40. PAID BY |
| 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT |
| 42a. RECEIVED BY (Print) |
| 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER |
| 41c. DATE |
42b. RECEIVED AT (Location)
| 42c. DATE RECD (YY/MM/DD) |
| 42d. TOTAL CONTAINERS |
STANDARD FORM 1449 (REV.2/2012) BACK
52.212-4 -- Contract Terms and Conditions -- Commercial Items. (May 2015) IBR 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 and 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:
[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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (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).
__ (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 Set-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).
__ (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—Subcon-tracting 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. 657 f).
__ (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).
__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__ (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). (Executive Order 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 Televisions (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).
__ (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.
__ (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 (June 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).
__ (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).
__ (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 (Mar 2016).
__ (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 (Sept 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.
(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 (l) 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 and 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 (Mar 2016).
(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.
ADDENDUM TO FAR 52.212-5
The following clause(s) are hereby incorporated by reference or full text as appropriate:
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013) (http://www. biopreferred.gov
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA
Alternate 1 (JUL 1995)
52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)
52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)
452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)
SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 SCOPE OF CONTRACT
Description of Work: Provide custodial services at sanitation facilities located on the Inyo National Forest. The Contractor shall furnish the necessary personnel, supplies and transportation to perform the services and insure that the designated areas present a clean, healthy, orderly and well-kept appearance.
The Contractor shall furnish a work schedule to show approximately what time of day each of the recreation areas/parking lots would be cleaned. The work schedule shall be given to the Contracting Officer Representative.
C1.2 Description and Area Location Maps 4 & 5 show locations of facilities in Onion Valley and Whitney Portal areas.
C1.3 Supplies and Equipment Items furnished by the Contractor will include, but are not limited to the following:
| (a) Vehicle large enough to carry supplies, equipment and adequate supply of water. |
| (b) Brooms |
| (c) Mops - string type |
| (d) Sponges |
| (e) Rags |
| (f) Buckets |
| (g) Bleach |
| (h) Cleanser (with bleach) |
(i) Detergent/disinfectant
| (j) Toilet brushes |
| (k) Plastic trash can liners |
| (l) Toilet Paper |
BIOBASED PRODUCTS TO BE PROVIDED BY THE CONTRACTOR
The following is a list of products USDA requires for custodial purposes. Each product submitted must be identified with one of these categories. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications. Labeling should be printed on all containers.
| All-purpose cleaner | Degreaser/cleaner | Heavy duty cleaner | |||
| Deodorizer | Gum Remover | Disinfectant sanitizer | |||
| Glass cleaner | Neutral cleaner (liquid) | Bathroom cleaner | |||
| Stainless steel polish | Toilet bowl cleaner | White board cleaner |
In addition, trash bags shall be used. They must contain at least 25% recycled post-consumer content and also be biodegradable material.
The offered products must meet the required consistencies as stated in the USDA Final Rule. Products which do not meet the mandatory specifications or for which the appropriate information has not been submitted will be disqualified from further consideration.
C1.4 Cleaning Specifications
(a) Cleaning toilets - stainless steel or plastic toilet riser interiors shall be cleaned with a toilet brush and appropriate cleanser. Toilet exteriors shall be cleaned with a toilet brush and appropriate cleanser. Toilet exteriors shall be cleaned using a detergent/disinfectant /odor eliminator. Excess solution and cleanser residue shall be wiped dry from seats and risers.
(b) Cleaning Walls - All interior and exterior walls shall be wiped clean of dirt, debris and writings Spider webs and debris on ceilings and porch roof beams shall be removed whenever present.
(c) Cleaning floors - All floors and entry walk shall be kept clean of dirt, debris, writing stains, and heel marks. This will require sweeping and mopping the floors with a clean chemical solution of disinfectant and bleach. The debris obtained from the floor shall be deposited in a trash container or hauled off by the Contractor. Excess water/solution shall be removed from floors and exterior entry walk.
(d) Cleaning Doors - Doors shall be cleaned inside and out, of any dirt derris, or writing. Doors shall not be propped open with rocks. Metal door stops with rubber tips or other approved devices may be used
(e) Trash Containers - Trash from the plastic bags inside the trash containers located outside/ inside the toilet room shall be emptied every service day and disposed of off-site. Plastic bags shall be replaced every service day.
(f) Toilet Paper - Check all toilet paper holders every service day to insure that each roller has at least 1/4 roll on it and will move freely. No extra toilet paper rolls shall be left. All glued ends of new toilet paper rolls shall be loosened prior to installing in dispensers. Leave no loose ends showing from top of dispenser.
(g) Garbage Removal - Trash from the plastic bags inside the trash containers located in the Trailhead parking lots shall be emptied every service day and disposed of off-site. Plastic bags shall be replaced every service day. (Items 4B & 5B)
C1.5 Pick up around Buildings All trash and debris within a radius of ten feet of the toilet unit shall be picked up and deposited in the metal trash container located in the parking lot/recreation area or hauled off by the contractor. Trash and debris includes, but is not limited to, bottles paper bags, bottle caps, or tabs, or other foreign matter in excess of one inch in diameter.
C1.6 Notification of Damage to Toilet Units The contractor shall notify the Contracting Officer Representative of any leaks, damage or breakage to any of the units being serviced. Notification shall be given as soon as possible and in no cases longer than 12 hours after discovery so that repair arrangements can be made. If damage poses a hazardous or unsafe condition, the Contractor shall lock the unit.
C1.7 Hours of Work The Contractor shall not start work before 7 A.M. nor work later than 4 P.M.
C1.8 Contractor's Vehicle The Contractor's vehicle shall be pulled off the road enough to allow traffic to pass. Contractor shall use. Parking spurs shall not be used by the contractor nor his equipment. Maximum speed limit in parking lots/recreation areas is TEN (10) miles per hour and is to be observed by the Contractor and his employees.
C1.9 Conduct of Personnel The Contractor and his employees shall make every reasonable effort to prevent interference with the normal use and occupancy of parking lots/recreation areas while engaged in the performance of the contract.
Due to the nature of the duties under the contract, the Contractor and his employees will be expected to keep themselves and equipment presentable at all times. The Contracting Officer may, in writing require the Contractor to remove from the work any employee the Contracting Officer deems incompetent, careless, and otherwise objectionable or for theft, possession and or removal of materials, supplies, equipment or any Government-owned property.
52.242-14 Suspension of Work (Apr 1984)
(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.
(c) A claim under this clause shall not be allowed—
(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and
(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.
AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS, ALTERNATE 1 (FEB 2012)
(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 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.
Payment Payments. Payment will be made for fully acceptable work at the prices bid in the schedule of items.
Contract Release.
Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).
Invoices Payment will be made from the contractor’s invoice. All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. There is no pre-award registration.
After award of a contract, please make sure that your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.
IPP invoices are now the official payment record. Contractors must include an IPP attachment which shows the breakdown of billing based on the pricing schedule items and/or subitems. For assistance with invoicing in IPP, the help desk phone number is 1-866-973-3131.
52.223-1 Bio-based Product Certification (May 2012) As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that bio-based products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than bio-based products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—
(1) The product cannot be acquired—
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov .
(c) In the performance of this contract, the Contractor shall—
(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report not later than—
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance
FAR 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days prior to the start of the next performance period.
FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days prior to the beginning date of the new option period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.
FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond September 30, 2016. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2016, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
FAR52.217-5 Evaluation of Options (JUL 1990)
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.acquisition.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-4 Inspection of Services--Fixed-Price (AUG 1996) Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.
E.1.1 Government Inspections. The Contracting Officer’s Representative or designated Inspector will inspect premises for compliance with C.1.4 – Cleaning Specifications. The Contractor will be required to correct unacceptable work. A form will be provided to check off each scheduled workday.
E.1.2 Compliance Inspections Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.
E.2 Acceptance. The following clauses which affect acceptance are incorporated by reference in Section I:
| Responsibility for Supplies, Clause 52.246-16 |
| Use and Possession, Clause 52.236-11 |
E.2.1 Acceptance Standard for this Project. Work will be deemed acceptable for payment when all inspected areas have met the standards in Section C.1.4.
Acceptance Work on this contract will be deemed acceptable when the processes and/or deliverables conform to the contract requirements.
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
52.242-14 Suspension of Work (APR 1984) Work Timing The Contractor shall begin work within on the effective date of the Notice to Proceed.
Failure to begin work on schedule will make the contract subject to immediate termination for default.
Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or subitems. Contractor shall complete all work on one subitem before proceeding to another.
SECTION G--CONTRACT ADMINISTRATION DATA
Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract--especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.
Work on this contract may proceed and contract time will begin upon receipt of the awarded contract. Any adjustments to the anticipated completion date will be noted in the award letter.
SECTION H--SPECIAL CONTRACT REQUIREMENTS
Wages [X] See Section J, Wage Determination Loss, Damage or Destruction Equipment Furnished with Operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.
Other. Even though this contract may provide for performing services at the direction of Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or to third parties, or for loss, damage, or destruction involving third parties' property as a result of the Contractor's operation. Except that the Government is liable for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.
Contractor Representatives The Government may deal officially and directly only with the contract signer, with corporate officers with legal contractual authority, or with persons specifically designated by the contractor to act as official representatives.
Other Even though this contract may provide for performing services at the direction of the Government personnel, the contract is not for personal services, and neither the Contractor nor his or her personnel are Government employees. The Government assumes no liability for injury occurring to Contractor personnel or the third parties, or for loss, damage, or destruction involving third parties’ property as a result of the Contractor’s operation. Except that the Government is liable for such loss, damage, or destruction, resulting from the negligent or wrongful act(s) of Government employee(s) acting within the scope of their employment.
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.acquisition.gov/far/ www.usda.gov/procurement/policy/agar.html
WD 05-2073 (Rev.-20) 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.: 2005-2073 Daniel W. Simms Division of | Revision No.: 20 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: California Area: California Counties of Inyo, Kings, Tulare **Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 9.07 11060 - Elevator Operator 11.57 11090 - Gardener 15.68 11122 - Housekeeping Aide 9.91 11150 - Janitor 12.37 11210 - Laborer, Grounds Maintenance 12.53 11240 - Maid or Houseman 9.10 11260 - Pruner 12.00 11270 - Tractor Operator 14.71 11330 - Trail Maintenance Worker 12.53 11360 - Window Cleaner 12.63
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 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.
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