Complete Combined Synopsis Solicitation 20215201004.docx

COMBINED SYNOPSIS SOLICITATION

20215201004 FALCON POWER PLANT INTERIOR PAINTING

TABLE OF CONTENTS

SOLICITATION NUMBER:

20215201004

NOTICE TYPE:

Combined Synopsis/Solicitation

SYNOPSIS:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 13 and 15, 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 document and its incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-05 dated March 10, 2021.

The solicitation number is 20215201004. This solicitation is issued as a request for proposal (RFP).

SET-ASIDE

This is a 100% Small business Set Aside. The associated North American Industry Classification System (NAICS) code is 238320 Painting and Wall Covering Contractors, with a corresponding small business standard of $16.5 million. The Product Service Code is Z1EZ, Maintenance of Other Industrial Buildings. Only offers from small businesses will be considered for this solicitation. All offerors must be registered in System for Award Management at time of proposal submission.

System for Award Management: IAW FAR 4.1102(a), offerors are required to be registered in the System for Award Management (SAM) database at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements.

PROPOSAL DUE DATE

Offer due date/local time: 3:00 PM Mountain Standard Time on June 30, 2021. Please reference the solicitation number of 20215201004 in the subject. Offers shall be emailed to angelica.baca@ibwc.gov. FAXED QUOTES WILL NOT BE ACCEPTED. Please include your DUNS number with your offer.

RFI DUE DATE

Only questions submitted by email to angelica.baca@ibwc.gov will be considered. Questions received from Offerors after 3:00 pm Mountain Standard Time on June 21, 2021 may not be responded to. Answers to questions will be posted to the Beta.SAM.gov website via an amendment to the solicitation. No information concerning this solicitation will be provided in response to telephone calls.

SITE VISIT

A site visit may be scheduled by contacting Edi Delgado (edi.delgado@ibwc.gov) or Raul Salinas (raul.salinas@ibwc.gov). Site visits should be scheduled no later than June 14, 2021.

All vendors must adhere to COVID-19 requirements for social distancing and the use of personal protective equipment (PPE) (i.e. mask and gloves). Vendors will not be permitted access to IBWC facilities without proper PPE. Virtual site visits (video/photographs) are not permitted.

DESCRIPTION:

The United States Section of the International Boundary and Water Commission (USIBWC), Falcon Dam Power Plant located at FM2098, 1 Reservoir Rd., Falcon Heights, Texas 78545 has a bona fide need for interior painting of the Falcon Dam Power Plant as outlined in the attached Performance Work Statement (PWS).

AWARD CRITERIA

The Government will award one Firm Fixed Priced contract resulting from this solicitation to the responsible Offeror based on Best Value – Tradeoff’s. Technical acceptability will be based on the Contractor’s Technical Approach, Expertise and Qualified Personnel to provide the services, and Past Performance.

See Section M for Evaluation Factors and Rating Process

ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

END of combined synopsis/solicitation.

SOLICITATION 20215201004

SECTION B - COST SCHEDULE

Title: Falcon Power Plant Interior Painting

Line Item 001 Breakdown

SECTION C – DESCRIPTIONS/SPECIFICATIONS/SCOPE OF WORK

C.01 SCOPE OF WORK

The Scope of Work (SOW) for this Solicitation is referenced in section J and included as an attachment to this document.

SECTION D-PACKAGING AND MARKING

D.01 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer (CO) and the Contracting Officer’s Representative *COR) shall be paid by the Contractor.

D.02 MARKING

All information submitted to the CO or the COR shall be clearly marked to show the Name of the Contractor and the Solicitation number.

SECTION E- INSPECTION AND ACCEPTANCE

E.01 TIME REQUIRED FOR INSPECTION AND ACCEPTANCE

The time required by the Government for inspection and acceptance, of each deliverable/submittal shall be in accordance with the Scope of Work. Method of preparation, to include quantity and schedule of delivery, for each deliverable/submittal shall be in accordance with this contract.

E.02 INSPECTION AND ACCEPTANCE

a. Inspection. Inspection of all deliverable/submittal items will be by the appointed COR or CO as set forth in this Contract.

b. Acceptance. Acceptance will be by the appointed COR or CO based upon conformance to the requirements set forth in this Contract.

CO acceptance will be based upon the COR’s technical inspection and recommendations.

SECTION F- DELIVERIES OR PERFORMANCE

F.01 PLACE OF PERFORMANCE

The required services shall be performed at the United States International Boundary and Water Commission (USIBWC) Falcon Power Plant location at FM2098, 1 Reservoir Rd., Falcon Heights, Texas 78545.

F.02 CONTRACT PERIOD OF PERFORMANCE

The Contractor shall perform the services stated herein for the period of 350 calendar days after notice of award.

F.03 DELIVERY ADDRESS

Items to be delivered to the Contracting Officer as required by the Scope of Work shall be delivered to USIBWC Headquarters. Items to be delivered to the Contracting Officer’s Representative as required by the Scope of Work shall be delivered to the Falcon Field Office.

F.04 DESTINATION FOR F.O.B. DESTINATION

The destination for F.O.B. Destination shall be Falcon Field Office.

SECTION G – CONTRACT ADMINISTRATION DATA

G.01 CONTRACTING OFFICER

“Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The scope of the CO’s authority is defined by FAR 1.602-1, the CO’s Warrant, and other applicable federal laws. The term includes certain authorized representation of the CO within the limits of their authority as delegated by the CO.

In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by the Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of work to be performed, it is the Contractor’s responsibility to make inquiry of the Contracting Officer before making he deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

G.02 DESIGNATION OF CONTRACTING OFFICER

The CO for this contract is:

G.03 CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer shall designate a technical representative to act for the Contracting Officer during the contract period. The Contracting Officer’s Representative will act for the Contracting Officer only in technical matters and will not be authorized to commit the Government on any contract terms, conditions, or changes in unit price, total price, quantity, or delivery schedule. Any changes to the contract in unit price, total contract price, quantity, quality, or delivery schedule will be made only by the Contracting Officer by executed modification to the contract. Th limits of the Contracting Officer’s Representative will be in accordance with FAR 1.604.

The Contracting Officer’s Representative will be appointed in writing after contract award.

G.04 PAYMENTS

The Contractor will be paid in accordance with Contract Clause 52.232-1 Payments and 52.232-33 Payment by Electronic Funds Transfer – System for Award Management, incorporated by reference in Section I.

G.05 INVOICES

INVOICE PROCESSING PLATFORM

The Contractor shall submit invoices per FAR 52.232-25 Prompt Payment for all work.

The U.S. Section International Boundary and Water Commission (USIBWC) has transitioned to an electronic invoicing system. The Invoice Processing Platform (IPP) is a secure, web-based system provided by the U.S. Department of the Treasury’s Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis. IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

Specific information on the IPP process will be provided at time of award.

SECTION H- SPECIAL CONTRACT REQUIREMENTS

H.01 GENERAL INFORMATION

This Contract is firm fixed price (FFP) contract for Falcon Power Plant interior painting. Performance of services shall be made as authorized by this Contract and modifications hereto, by the Contracting Officer.

H.02 GOVERNMENT-CONTRACTOR RELATIONSHIP

(a) The Government and the Contractor understand and agree that the services to be delivered under this Contract are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under this Contract between the Government and the Contractor’s employees. It is, therefore, in the best interest of the government to afford the parties a full and complete understanding of their respective obligations.

(1) Contractor personnel under this contract shall not:

(i) Be placed in apposition where they are appointed or employed by a federal officer, or are under the supervision, direction, or evaluation of a federal officer, military or civilian.

(ii) Be placed in a position of command, supervision, administration or control over USIBWC personnel, or personnel of other contractors, or become a part of the government operation; and

(iii) Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of the USIBWC or other applicable federal agencies.

(2) Employee relationship:

(i) The services to be performed under this Contract do not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the government, but rather, the Contractor’s employees will act and exercise personal judgment and discretion on behalf of the Contractor.

(b) Rules, regulations, directions, and requirements which are issued by the USIBWC authorities under their responsibility for good order and administration are applicable to all personnel. This is not to be construed or interpreted to establish any degree of government control which is inconsistent with a non-personal services contract.

H.03 CONTROL OF INFORMATION

The Contractor shall not duplicate or distribute in any form or manner any material generated during the performance of this Contract; no public release is authorized without the express written consent of the Contracting Officer. The Contractor shall not incorporate into this project any instructions received either orally or in writing from other Government agencies without prior written approval for the USIBWC Contracting Officer.

H.04 SERVICE CONTRACT LABOR STANDARDS

This Contract is subject to the requirements of Service Contract Labor Standards as amended. The Contractor shall be responsible for meeting the obligations under the Service Contract Labor Standards as amended. Any questions regarding the extent of these obligations shall be addressed to the Department of Labor.

The Contractor agrees to provide the Contracting Officer, upon request, a copy of any collective bargaining agreement applicable to employees performing under the contract.

H.05 U.S. DEPARTMENT OF LABOR WAGE DETERMINATION

Enclosed with this requirement is the current U.S. Department of Labor Wage Determination No. 2015-5309, Revision No. 13, Date of Revision 12/21/2020. This determination establishes the minimum hourly wage rates and fringe benefits to be paid to those service contract employees engaged in the performance of this contract (see Section J for Wage Determination).

H.06 CONFORMANCE TO ALL APPLICABLE LAWS

The Contractor shall comply with all applicable laws and regulations having the force of law which deal with or relate to performance hereunder or the employment by the Contractor of the employees necessary for such performance, and shall procure such permits, li- censes and other required authorizations from Federal, State, and Local authorities as may be necessary in connection with beginning or carrying on to completion of the Con-tract work, and shall at all times comply with all Federal, State, and Local laws in any way affecting the Con-tract work.

H.07 NOTIFICATION TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the delivery schedule or dates, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of the Contract, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer's Representative in writing, giving pertinent details. NOTE: this data shall not be construed as a waiver by the Government of any delivery schedule or dates or of any rights or remedies provided by law or under this Contract. The USIBWC is not responsible for delays or any costs associated therewith, where the USIBWC does not cause the delay.

H.08 COMPENSATION AND LIABILITY INSURANCE

The Contractor shall within ten (10) calendar days after award of contract provide and maintain minimum insurance as follows:

(a) General Liability Insurance for bodily injury and property damage with minimum limits $500,000 each occurrence with an aggregate of $1,000,000.

(b) Automobile Liability for bodily injury and property damage with minimum of $250,000 for injury to or death of anyone (1) person, $500,000 each accident or occurrence for bodily injury, and $100,000 for each accident or occurrence for property damage liability.

(c) Worker's Compensation Insurance for all labor employed on the project who may come within the protection of workers' compensation laws and Employers General Liability with minimum limits of $100,000 each accident, bodily injury by disease $100,000 each employee, $500,000 aggregate.

In every case the insurance coverage shall amount to at least the limits stated above. However, where the Financial Responsibility Compulsory Insurance Law of the State in which the project is located requires higher limits, the Automobile Liability Insurance Policy shall provide coverage of at least those limits required by State law.

The insurance obtained by the Contractor must (1) be effective for the term of the contract and (2) must name both the United States of America by and through the United States Section of the International Boundary and Water Commission, United States and Mexico, as additionally insured. The requirement for naming the United States of America as an additional insured does not apply to Worker's Compensation Insurance.

Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained.

The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor's written certification shall be accompanied by either a Certificate issued by the insurer or photocopies of the insurance policies which reflect that the cancellation/change provisions of this contract have been met.

The Contractor shall insert the substance of this clause including this paragraph in subparagraphs under this contract and shall require subcontractors to provide and maintain the same limits.

At least 5 days prior to each such subcontractor's personnel commencing work on this project, the Contractor shall furnish (or ensure that there has been furnished) to the Contracting Officer a current Certificate of Insurance meeting the requirements as stated above.

H.09 KEY PERSONNEL

The key personnel specified in this contract are considered to be essential to work performance. At least thirty (30) calendar days prior to removing, replacing, or diverting any of the specified individuals (or as soon as possible, if an individual must be replaced, for example, as a result of terminating employment with the Contract-or), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the di-version or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise re-place any key personnel without the written consent of the Contracting Officer. The Contracting Officer's decision in regard to replacement Key Personnel shall be final.

H.10 POST AWARD ORIENTATION CONFERENCE

A Post Award Orientation Conference will be scheduled after contract award and will be coordinated by the Contracting Officer. The purpose of the conference will be to familiarize the Contractor with the contract ad-ministration procedures, contract clarifications, contract requirements, and expectations. The conference will be structured to achieve a clear and mutual understanding of all contractual administrative requirements and to identify any potential problems areas. The location of the conference will be at the sole discretion of the Contracting Officer. If authorized by the Contracting Officer, attendees may attend by phone or video conference.

H.11 SECTION 508 COMPLIANCE

All electronic and information technology (EIT) procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists (see CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended). The following standard is applicable:

[X] 1194.41 Information, Documentation, and Support.

Deliverables shall be accessible to users with disabilities as required in Section 508 of the Rehabilitation Act of 1973, as amended. The Contractor shall ensure: (a) Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge; (b) End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge, and; (c) Support services for products shall accommodate the communication needs of end-users with disabilities.

H.12 CONTRACT CLOSE OUT PROCEDURES FOR SERVICES

The following are items required as a part of the closeout process:

COR:

1) Performance Evaluation (Reference FAR Clause 42.15)

2) COR Certificate of Contract Completion

Contractor:

1) Release of Claims

Contracting Officer:

1) Contract Completion Statement

2) Contract Close Out Modification

H.13 COVID-19

Contractor employees must adhere to all CDC and OSHA COVID19 requirements while on IBWC property and when participating in any type of function associated with this requirement.

In accordance with USACE EM 385-1-1 03.A.06 and OSHA recommended practices, an Infectious Disease Preparedness and Response Plan is required and must be submitted with the Accident Prevention Plan.

If the contract does not require an Accident Prevention Plan, the Infectious Disease Preparedness and Response Plan must be submitted within 15 days after award.

H.14 SECURITY

A limited background check will be performed on the contractor employees that have any access to buildings. Contractor employees will be escorted by IBWC personnel.

H.15 FEDERAL GOVERNMENT HOLIDAYS

Federal Holidays

*If these holidays fall on a Saturday or Sunday, the contractor should contact the returning facility to determine on which day (Friday or Monday) they will be observed.

SECTION I- CONTRACT CLAUSES

CLAUSES BY REFERENCE

CLAUSES BY FULL TEXT

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

(a) Definition. As used in this clause--

"Commercial and Government Entity (CAGE) code" means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contract-or shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of clause)

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 re-quest, 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

(End of clause)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause--

"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.

(End of clause)

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 un-less 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 ap-propriate to identify properly the parties and their undertakings.

(End of clause)

52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

(a) Definitions. As used in this clause--

"Contractor," when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Government Prime Contractor."

"Service employee" means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as re-vised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or sub-contractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

(2) (i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request for Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees' authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where ap-propriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the cur-rent wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.

(i) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees per-forming in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract.

(ii) Upon discovery of failure to comply with paragraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits re-quired to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.

(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor un-der this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor con-tract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective in-creases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the work site. Failure to comply with this requirement is a violation of 41 U.S.C. 6703 and of this contract.

(h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(i) Records.

(1) The Contractor and each subcontractor performing work subject to the Service Contract Labor Standards statute shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, a record of the following:

(i) For each employee subject to the Service Contract Labor Standards statute--

(A) Name and address and social security number;

(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;

(C) Daily and weekly hours worked by each employee; and

(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.

(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases.

(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the work site during normal working hours.

(j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the Service Contract Labor Standards statute all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations, 29 CFR Part 4), re-bate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this statute may not be of any duration longer than semi-monthly.

(k) Withholding of payments and termination of contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor…