B.08 Combined Synopsis Solicitation W91YTZ20Q0255 RV1.docx
DOCX document 245 KB Posted
- Attached to
- Courier Services Federal contract opportunity
- Solicitation number
- W91YTZ20Q0255
- Issued by
- Department of the Army Medical Command
About this file
This is a combined synopsis/solicitation for courier services to be provided to Womack Army Medical Center at Fort Bragg, North Carolina. The solicitation seeks offers for courier transportation of blood products and laboratory specimens between WAMC and facilities in Fayetteville, North Carolina from October 2020 through September 2025. Offerors must submit all information including DUNS, CAGE code, and tax ID to SFC Elise Rivelli by email no later than September 22, 2020 at 4:00 PM EST. The requirement is set aside for small businesses. Services include courier runs for pathology specimens and blood donations, with estimated quantities provided. The performance work statement outlines pickup and delivery requirements and specifications.
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| File | Type | Posted |
|---|---|---|
| Courier Questions and Responses.docx | DOCX document | |
| B.08 Combined Synopsis Solicitation W91YTZ20Q0255 Amendment 1.docx | DOCX document |
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Text version
W91YTZ20Q0255
| Document Type: |
| Combined Solicitation/Synopsis |
| Date: |
| September 15, 2020 |
| Subject: |
| Courier Services |
| Solicitation Number: |
| W91YTZ20Q0255 |
| Response Date: |
| September 22, 2020 |
| Point of Contact: |
| elise.n.rivelli.mil@mail.mil |
| Set Aside: |
| 100% Small Business Set-Aside |
| Place of Performance: |
| Womack Army Medical Center (WAMC), Fort Bragg, NC 28310 |
| Period of Performance: |
| October 1, 2020 to September 30, 2025 |
| NAICS Code: |
| 492110 (Postal Service) - |
Size Standard: $8 Million
Contracting Office Address Department of the Army US Army Medical Command Army Health Contracting Activity Regional Health Contracting Office - Atlantic 6021 5th Street, Bldg. 1467 Fort Belvoir, VA 22060-5505
The Regional Health Contracting Office – Atlantic, Fort Bragg, NC intends to solicit, negotiate, and award a contract for the Womack Army Medical Center (WAMC), Fort Bragg, NC to provide non-personal services. Department of Pathology, Womack Army Medical Center (WAMC) Laboratory – Laboratory Specimens require routine and STAT testing that may not be available in-house. On these occasions a courier service is required to transport specimens for testing to Cape Fear Hospital in Fayetteville, NC and either of the two Veteran Affair Hospitals in Fayetteville, NC. Additionally, a courier service is needed when blood and blood products between WAMC Transfusion Services (located within WAMC) and Cape Fear Hospital in Fayetteville, NC laboratories as requested.
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation number W91YTZ20Q0255 is issued as a request for quote (RFQ). The NAICS Code is 492110 (Postal Service). The Small Business Size Standard is $8 million.
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-08. Interested persons may identify their interest and capability to respond to the requirement and submit proposals. Provide your Company’s Dunn and Bradstreet number (DUNS); CAGE code; tax ID number; and proposal evaluation purposes.
All quotes received after the date of publication of this synopsis will be considered by the Government. Submit quotes via email ONLY to SFC Elise Rivelli at elise.n.rivelli.mil@mil.mil no later than 22 September 2020 @ 4:00 PM EST. No telephonic requests will be honored.
Clauses and provisions throughout this solicitation can be viewed by accessing website www.acquisition.gov. FAR provision 52 [Instructions to Offerors Commercial Items] applies to this acquisition to include the following addenda: All offerors are cautioned that if selected for award, they must be registered in the System for Award Management (SAM) program. The SAM can be accessed via the internet at https://www.sam.gov/portal/public/SAM/. Confirmation of SAM registration will be validated prior to awarding a contract. The provision at FAR 52.212-2, Evaluation – Commercial Items and any addendums to this provision apply to this acquisition. The clause at FAR 52.212-5 (DEVIATION 2018-O0021) (SEP 2018), Contract Terms and Conditions to Implement Statutes or Executive Orders – Commercial Items applies to this acquisition.
The following provisions in their latest editions apply to this solicitation.
Vendors shall include a completed copy of FAR provision 52.212-3 ALT 1, “Offeror Representations and Certifications” with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive. Clause 52.212-4 Contract Terms and Conditions—Commercial items, applies to this acquisition to include any applicable addenda.
PLEASE NOTE: THIS IS AN ALL OR NONE CONTRACT. NO PARTIAL BIDDING WILL BE ACCEPTED.
INSPECTION AND ACCEPTANCE TERMS
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 156 |
| Each |
Courier Services, Pathology STAT
FFP
Contractor shall provide courier service for the Department of Pathology to pick up specimens from the Department of Pathology located at Womack Army Medical Center (WAMC) Fort Bragg, NC. Contractor shall transport specimens to Cape Fear Medical Center Lab, Fayetteville, NC and either of the two Veterans Affairs (VA) Medical Facilities located in Fayetteville, NC. Specifics for pick-up and delivery are noted in paragraph 2 of the Performance Work Statement (PWS) FOB: Destination
PURCHASE REQUEST NUMBER: 0011508678
PSC CD: V129
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 50,764 |
| Miles |
Courier Services, Donor Center
Contractor shall provide courier service to be used for off-site mobile drives to ship collected blood back to Fort Bragg. Contractor shall also provide courier from donor collection sites to the testing sites. Quantities are estimated, contractor will be paid only for the actual miles traveled from pickup point to delivery point. Specifics for pick-up and delivery are noted in paragraph 3.1 of the Performance Work Statement (PWS).
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 46,644 |
| Miles |
Courier Services, Donor Center
Contractor shall provide daily (Monday through Friday) courier service from Fort Bragg donor site to the testing site. Quantities are estimated, Contractor will be paid only for the actual miles traveled from pickup point to delivery point. Specifics for pick-up and delivery are noted in paragraphs 3.2, 3.3 and 3.4 of the Performance Work Statement (PWS).
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Contract Manpower Reporting
The contractor is required to enter data into the Contractor Manpower Reporting (CMR) system as noted in paragraph 7 of the Performance Work Statement. Note: if the reporting of manpower equivalent is not separately priced insert “NSP” in the blank shown below.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 156 |
| Each |
Courier Services, Pathology STAT
Contractor shall provide courier service for the Department of Pathology to pick up specimens from the Department of Pathology located at Womack Army Medical Center (WAMC) Fort Bragg, NC. Contractor shall transport specimens to Cape Fear Medical Center Lab, Fayetteville, NC and either of the two Veterans Affairs (VA) Medical Facilities located in Fayetteville, NC. Specifics for pick-up and delivery are noted in paragraph 2 of the Performance Work Statement (PWS) FOB: Destination
NET AMT
| ITEM NO |
| -SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 50,764 |
| Miles |
Courier Services, Donor Center
Contractor shall provide courier service to be used for off-site mobile drives to ship collected blood back to Fort Bragg. Contractor shall also provide courier from donor collection sites to the testing sites. Quantities are estimated, contractor will be paid only for the actual miles traveled from pickup point to delivery point. Specifics for pick-up and delivery are noted in paragraph 3.1 of the Performance Work Statement (PWS).
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 46,644 |
| Miles |
Courier Services, Donor Center
Contractor shall provide daily (Monday through Friday) courier service from Fort Bragg donor site to the testing site. Quantities are estimated, Contractor will be paid only for the actual miles traveled from pickup point to delivery point. Specifics for pick-up and delivery are noted in paragraphs 3.2, 3.3 and 3.4 of the Performance Work Statement (PWS).
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Contract Manpower Reporting
The contractor is required to enter data into the Contractor Manpower Reporting (CMR) system as noted in paragraph 7 of the Performance Work Statement. Note: if the reporting of manpower equivalent is not separately priced insert “NSP” in the blank shown below.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 156 |
| Each |
Courier Services, Pathology STAT
Contractor shall provide courier service for the Department of Pathology to pick up specimens from the Department of Pathology located at Womack Army Medical Center (WAMC) Fort Bragg, NC. Contractor shall transport specimens to Cape Fear Medical Center Lab, Fayetteville, NC and either of the two Veterans Affairs (VA) Medical Facilities located in Fayetteville, NC. Specifics for pick-up and delivery are noted in paragraph 2 of the Performance Work Statement (PWS) FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 50,764 |
| Miles |
Courier Services, Donor Center
Contractor shall provide courier service to be used for off-site mobile drives to ship collected blood back to Fort Bragg. Contractor shall also provide courier from donor collection sites to the testing sites. Quantities are estimated, contractor will be paid only for the actual miles traveled from pickup point to delivery point. Specifics for pick-up and delivery are noted in paragraph 3.1 of the Performance Work Statement (PWS).
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 46,644 |
| Miles |
Courier Services, Donor Center
Contractor shall provide daily (Monday through Friday) courier service from Fort Bragg donor site to the testing site. Quantities are estimated, Contractor will be paid only for the actual miles traveled from pickup point to delivery point. Specifics for pick-up and delivery are noted in paragraphs 3.2, 3.3 and 3.4 of the Performance Work Statement (PWS).
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Contract Manpower Reporting
The contractor is required to enter data into the Contractor Manpower Reporting (CMR) system as noted in paragraph 7 of the Performance Work Statement. Note: if the reporting of manpower equivalent is not separately priced insert “NSP” in the blank shown below.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 156 |
| Each |
Courier Services, Pathology STAT
Contractor shall provide courier service for the Department of Pathology to pick up specimens from the Department of Pathology located at Womack Army Medical Center (WAMC) Fort Bragg, NC. Contractor shall transport specimens to Cape Fear Medical Center Lab, Fayetteville, NC and either of the two Veterans Affairs (VA) Medical Facilities located in Fayetteville, NC. Specifics for pick-up and delivery are noted in paragraph 2 of the Performance Work Statement (PWS) FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 50,764 |
| Miles |
Courier Services, Donor Center
Contractor shall provide courier service to be used for off-site mobile drives to ship collected blood back to Fort Bragg. Contractor shall also provide courier from donor collection sites to the testing sites. Quantities are estimated, contractor will be paid only for the actual miles traveled from pickup point to delivery point. Specifics for pick-up and delivery are noted in paragraph 3.1 of the Performance Work Statement (PWS).
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 46,644 |
| Miles |
Courier Services, Donor Center
Contractor shall provide daily (Monday through Friday) courier service from Fort Bragg donor site to the testing site. Quantities are estimated, Contractor will be paid only for the actual miles traveled from pickup point to delivery point. Specifics for pick-up and delivery are noted in paragraphs 3.2, 3.3 and 3.4 of the Performance Work Statement (PWS).
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Contract Manpower Reporting
The contractor is required to enter data into the Contractor Manpower Reporting (CMR) system as noted in paragraph 7 of the Performance Work Statement. Note: if the reporting of manpower equivalent is not separately priced insert “NSP” in the blank shown below.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 156 |
| Miles |
Courier Services, Pathology STAT
Contractor shall provide courier service for the Department of Pathology to pick up specimens from the Department of Pathology located at Womack Army Medical Center (WAMC) Fort Bragg, NC. Contractor shall transport specimens to Cape Fear Medical Center Lab, Fayetteville, NC and either of the two Veterans Affairs (VA) Medical Facilities located in Fayetteville, NC. Specifics for pick-up and delivery are noted in paragraph 2 of the Performance Work Statement (PWS) FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 50,764 |
| Miles |
Courier Services, Donor Center
Contractor shall provide courier service to be used for off-site mobile drives to ship collected blood back to Fort Bragg. Contractor shall also provide courier from donor collection sites to the testing sites. Quantities are estimated, contractor will be paid only for the actual miles traveled from pickup point to delivery point. Specifics for pick-up and delivery are noted in paragraph 3.1 of the Performance Work Statement (PWS).
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 46,644 |
| Miles |
Courier Services, Donor Center
Contractor shall provide daily (Monday through Friday) courier service from Fort Bragg donor site to the testing site. Quantities are estimated, Contractor will be paid only for the actual miles traveled from pickup point to delivery point. Specifics for pick-up and delivery are noted in paragraphs 3.2, 3.3 and 3.4 of the Performance Work Statement (PWS).
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Contract Manpower Reporting
The contractor is required to enter data into the Contractor Manpower Reporting (CMR) system as noted in paragraph 7 of the Performance Work Statement. Note: if the reporting of manpower equivalent is not separately priced insert “NSP” in the blank shown below.
FOB: Destination
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Government |
| Government |
| Destination |
| Government |
| 0002 |
| Government |
| Government |
| Destination |
| Government |
| 0003 |
| Government |
| Government |
| Destination |
| Government |
| 0004 |
| Government |
| Government |
| Destination |
| Government |
| 1001 |
| Government |
| Government |
| Destination |
| Government |
| 1002 |
| Government |
| Government |
| Destination |
| Government |
| 1003 |
| Government |
| Government |
| Destination |
| Government |
| 1004 |
| Government |
| Government |
| Destination |
| Government |
| 2001 |
| Government |
| Government |
| Destination |
| Government |
| 2002 |
| Government |
| Government |
| Destination |
| Government |
| 2003 |
| Government |
| Government |
| Destination |
| Government |
| 2004 |
| Government |
| Government |
| Destination |
| Government |
| 3001 |
| Government |
| Government |
| Destination |
| Government |
| 3002 |
| Government |
| Government |
| Destination |
| Government |
| 3003 |
| Government |
| Government |
| Destination |
| Government |
| 3004 |
| Government |
| Government |
| Destination |
| Government |
| 4001 |
| Government |
| Government |
| Destination |
| Government |
| 4002 |
| Government |
| Government |
| Destination |
| Government |
| 4003 |
| Government |
| Government |
| Destination |
| Government |
| 4004 |
| Government |
| Government |
| Destination |
| Government |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| W2L6 MEDDAC MED SUPPLY ACCT |
W2L6 WOMACK ARMY MED CTR
2817 REILLY ROAD
BLDG 4
FORT BRAGG NC 28310-5000
210-808-2837 FOB: Destination
W36XTM
| 0002 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 0003 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 0004 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 1001 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 1002 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 1003 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 1004 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 2001 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 2002 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
POP 01-OCT-2020 TO
30-SEP-2021
N/A
(SAME AS PREVIOUS LOCATION)
W36XTM
| 2004 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 3001 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 3002 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 3003 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 3004 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 4001 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 4002 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 4003 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
| 4004 |
| POP 01-OCT-2020 TO |
30-SEP-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W36XTM
CLAUSES INCORPORATED BY REFERENCE
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| OCT 2018 |
ADDENDUM TO 52.212-4
(w) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found. (End of Addendum)
CLAUSES INCORPORATED BY REFERENCE
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-6 Alt I |
| Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I |
| OCT 1995 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2018 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| JUL 2016 |
| 52.204-23 |
| Prohibition on Contracting For Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities |
| JUL 2018 |
| 52.204-25 |
| Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. |
| AUG 2019 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.209-9 |
| Updates of Publicly Available Information Regarding Responsibility Matters |
| OCT 2018 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2011 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2018 |
| 52.219-9 |
| Small Business Subcontracting Plan |
| AUG 2018 |
| 52.219-14 |
| Limitations On Subcontracting |
| JAN 2017 |
| 52.219-16 |
| Liquidated Damages-Subcontracting Plan |
| JAN 1999 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-37 |
| Employment Reports on Veterans |
| FEB 2016 |
| 52.222-41 |
| Service Contract Labor Standards |
| AUG 2018 |
| 52.222-43 |
| Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts) |
| AUG 2018 |
| 52.222-50 |
| Combating Trafficking in Persons |
| JAN 2019 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.223-2 |
| Affirmative Procurement of Biobased Products Under Service and Construction Contracts |
| SEP 2013 |
| 52.223-3 |
| Hazardous Material Identification and Material Safety Data Sheet |
| JAN 1997 |
| 52.223-5 |
| Pollution Prevention and Right-to-Know Information |
| MAY 2011 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.228-5 |
| Insurance - Work On A Government Installation |
| JAN 1997 |
| 52.232-18 |
| Availability Of Funds |
| APR 1984 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| OCT 2018 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 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 |
| 52.237-3 |
| Continuity Of Services |
| JAN 1991 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.244-2 |
| Subcontracts |
| OCT 2010 |
| 52.246-4 |
| Inspection of Services – Fixed Price |
| AUG 1996 |
| 252.201-7000 |
| Contracting Officer's Representative |
| DEC 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7000 |
| Disclosure Of Information |
| OCT 2016 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| MAY 2019 |
| 252.219-7003 |
| Small Business Subcontracting Plan (DOD Contracts) |
| DEC 2019 |
| 252.223-7006 |
| Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials |
| SEP 2014 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2017 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| APR 2019 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.232-7017 |
| Accelerating Payments to Small Business Subcontractors-Prohibition of Fees and Consideration |
| APR 2020 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
252.243-7002 Requests for Equitable Adjustment DEC 2012
CLAUSES INCORPORATED BY FULL TEXT
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
(a) Definitions. As used in this clause--
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-2.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
(End of clause)
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 30 days before contract expires.
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 30 days before contract expires; 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 60 months.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 491110 - assigned to contract number W91YTZ20P_____.
(Contractor to sign and date and insert authorized signer's name and title).
(End of clause)
52.222-26 Equal Opportunity SEP 2016
(a) Definition. As used in this clause.
Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.
Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.
Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-
(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or
(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.
Gender identity has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
Sexual orientation has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
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)
(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor’s activities (41 CFR 60-1.5).
(c)
(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-
(i) Employment;
(ii) Upgrading;
(iii) Demotion;
(iv) Transfer;
(v) Recruitment or recruitment advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(5)
(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-
(A) Incorporation into existing employee manuals or handbooks; and
(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.
(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.
(7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.
(8) The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.
(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.
(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.
(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
(DEC 2010)
(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.''
(b) This required employee notice, printed by the Department of Labor, may be--
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.
(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.
(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, 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.
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute 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.
31043 – Driver Courier $13.73 (per hour) plus 29.1% (13.73 x .291 = $3.99) = $17.72 GS Equivalent: GS-1, Step 2.
52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)
``United States'' means the 50 states and the District of Columbia.
``Worker''--
(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and --
(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);
(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541;
(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.
(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).
(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.
(b) Executive Order minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.
(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.
(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.
(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.
(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provideduplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.
(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.
(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.
(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.
(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.
(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.
(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.
(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--
(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are…
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