DTMA-91-Q-2013-0014_Q A_Response_2015April29.pdf

2013 SHIP DISPOSAL SOLICITATION

DTMA-91-Q-2013-0014

April 29, 2015

QUESTIONS AND ANSWERS

Amendment 0010 to the Solicitation has been issued on FedBizOps simultaneous with these Questions and Answers. A redline version showing the substantive changes made in Amendment 0010 has also been provided to facilitate review.

Question 1: The Service Contract Act (SCA) Wage Determination 2005-2519, Revision 17 which applies to Brownsville, TX. and Wage Determination 2005-2233, Revision 18 which applies to the Louisiana facilities do not have occupation category, codes, titles, or in the SCA Directory of Occupations descriptions, which appear to correspond with occupations in ship recycling. For example, there are welders but no ship cutting or ground cutting codes, titles, or rates. What occupation codes, titles, rates, and benefits we should be using in our bid models to ensure an acquisition bid would be responsive?

Answer 1: If an offeror believes a conformance is needed under the Service Contract Act because the wage determination does not list a classification it feels is necessary to perform the work required under the contract, then the contractor should follow the process at http://www.wdol.gov/sca_confrmnce.aspx to obtain a conformance after award. See FAR 22.1019 and 52.222-41(c) and Title 29 CFR Part 4.6(b)(2)).

This process was followed under the prior solicitation and the resulting conformance was provided to offerors via Amendment 0002 to DTMA1Q09001, a copy of which is attached hereto as Exhibit 1.

Question 2: The Wage Determinations do say that Executive Order 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Service Contract Act for which the solicitation is issued on or after January 1, 2015. However, there is no identified benefit package for occupation codes not listed. The Wage Determinations also state:

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. This infers that the Wage Determinations apply only to occupation codes listed.

Answer 2: If a service contract awarded under DTMA-91-Q-2013-0013 is over $2,500, that contract is subject to the FAR 52.222-41, Service Contract Labor Standards (May 2014) and the new FAR clause 52.222-55 -- Minimum Wages Under Executive Order 13658 (Dec 2014) which mandates an hourly minimum wage of $10.10 for 2015. The Minimum Wage is applicable to any service employee engaged in performing work on, or in connection with this contract, regardless of whether that classification is listed in the wage determination. The term “service employee” is defined FAR 52.222-41. Both http://www.wdol.gov/sca_confrmnce.aspx

2013 SHIP DISPOSAL SOLICITATION QUESTIONS AND ANSWERS

DTMA-91-Q-2013-0014 Page 2

52.222-41 and 52.222-55 apply to any service employee, regardless of whether they work for the contractor or a subcontractor and regardless of the contractual relationship alleged to exist between the worker and the contractor or its subcontractors. The term “worker” is defined in FAR 52.222-55. Both clauses are required to be flowed-down to all subcontractors. Under FAR 52.222-55, the contractor and its subcontractors are required to pay the E.O. minimum wage rate whenever it is higher than the wage rate specified in the Wage Determination or collective bargaining agreement, if applicable.

2013 SHIP DISPOSAL SOLICITATION QUESTIONS AND ANSWERS

DTMA-91-Q-2013-0014 Page 3

EXHIBIT 1

Amendment 0002 to DTMA1Q09001

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1 0 1. CONTRACT ID CODE

00091

1200 New Jersey Ave SE, MAR380 W28-201 1200 New Jersey Ave SE, MAR380 W28-201

FACILITY CODECODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, X is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning ________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF

CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

is not, The purpose of this action is to incorporate FAR 52.211-11 Liquidated Damages -- Supplies, Services, or Research and Development (Sept 2000).

FAR 52.224-54, E-Verify, is hereby deleted until further guidance from the FAR Council is received.

Additionally, the US Department of Labor, Employment Standards Administration, Wage and Hour Division, on January 12, 2009 approved a conformance request under Contracts DTMA1P08033, DTMA1P08034 and DTMA1P08035 for three classes of employees involved in the performance of vessel dismantlement services in Brownsville, Cameron County, Texas. A copy of the conformance letter is attached to this amendment and is provided for information purposes only; DOL is not bound by the rates in the January 12, 2009 conformance. Until DOL formally includes these classifications in the DOL wage determination, Contractors must follow FAR 22.1019 and 52.222-41(c) for classes of service employees not included in the wage determination.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

(Type or print)

16B. United States of America 16C. DATE SIGNED

BY

(Signature of person authorized to sign) (Signature of Contracting Officer)

05/01/2009

NSN 7540-01-152-8070

PREVIOUS EDITION

UNUSABLE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR)

53.243

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

John Desch

00091

CHECK ONE

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN

THE CONTRACT ORDER NO. IN ITEM 10A.

D. OTHER (Specify type of modification and authority)

Page

2. AMENDMENT/MODIFICATION NO.

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

9A. AMENDMENT OF SOLICITATION NO.

E. IMPORTANT: Contractor is required to sign this document and return _____ copies to the issuing office.

(X)

(X)

X

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER

9B. DATED (SEE ITEM 11)

Washington, DC 20590 Washington, DC 20590

DOT/Maritime Administration, MAR-380 DOT/Maritime Administration, MAR-380

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip Code)

No Contractor Information Available

NO.

11/06/2008

DTMA1Q09001

3. EFFECTIVE DATE

02/28/2009

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO.

(If applicable)

Line Item Summary

PageTitleDocument Number 1 5 1

DTMA1Q09001/0002 FY09_Thru_10_Ship Disposal 2 of 5

Line Item Number Description

This RFQ is issued for the sole purpose of reviewing and evaluating technical proposals to establish a pool of standing quotations. No awards will be made under this RFQ.

Delivery Date

Total CostQuantity Unit of Issue Unit Price

(Start date to End date)

No Funding Information

No Changed Line Item Fields

Previous Total:

Modification Total:

Grand Total:

Document No.

DTMA1Q09001/0002

Document Title

FY09_Thru_10_Ship Disposal

TABLE OF CONTENTS

SECTION A -- Solicitation/Contract Form 4 A.1 Summary of Changes 4 SECTION F -- Deliveries or Performance 5 F.1 Liquidated Damages--Supplies, Services, or Research and Development 5

Document Title

SECTION A -- SOLICITATION/CONTRACT FORM

A.1 SUMMARY OF CHANGES

Clause ‘52.211-11 - Liquidated Damages--Supplies, Services, or Research and Development’ has been added.

Document Title

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH

AND DEVELOPMENT

SEPTEMBE

R 2000

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $600 per calendar day of delay [Contracting Officer insert amount].

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.

(End of clause)