RFQ-Dorm_Washer_and_Dryers_Lease.docx

REQUEST FOR QUOTE # F3H3G14246A001

LEASE OF DORMITORY WASHERS/DRYERS

TO INCLUDE MAINTENANCE & REPAIR

The 55th Contracting Squadron 101 Washington Square, Offutt AFB, NE 68113 is issuing a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate solicitation will not be issued. This solicitation is issued as a Request for Quote (RFQ) reference number F3H3G14246A001 IAW FAR Part 12 and 13. This requirement is being solicited through FedBizOpps, as a 100% small business set-aside IAW FAR 8.405-5(a)(1)(i). The North American Industry Classification System (NAICS) Code for this requirement is 812310, Laundry Services; with a size standard of $7 Million. This document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-76 effective 25 August 2014. The Government intends to award one (1) Firm-Fixed Price (FFP) contract for Lease of Dormitory Washers/Dryers – Offutt Air Force Base, Nebraska in support of 55 Civil Engineering Squadron (55 CES). Only quotes submitted by small business concerns will be accepted by the Government. Any quote submitted by a contractor that is not a small business concern will not be considered for award.

SCHEDULE:

Offeror is to provide a quote for the requirement listed below, and at a minimum the quote shall include quantity, unit, and total price for the following schedules. If a contract line item number (CLIN) is not separately priced (NSP), please annotate unit price as zero (0) and place “NSP” in the total price column. Offerors that do not submit pricing for all items will be considered as unresponsive to this solicitation and withdrawn from consideration for award.

TABLE 1

QUOTE # F3H3G14246A001

PoP: 1 Dec 14 – 30 Nov 15

PoP: 1 Dec 14 – 30 Nov 15

PoP: 1 Dec 14 – 30 Nov 15

PoP: 1 Dec 14 – 30 Nov 15

PoP: 1 Dec 14 – 30 Nov 15

PoP: 1 Dec 15 – 30 Nov 16

PoP: 1 Dec 15 – 30 Nov 16

PoP: 1 Dec 15 – 30 Nov 16

PoP: 1 Dec 15 – 30 Nov 16

PoP: 1 Dec 15 – 30 Nov 16

PoP: 1 Dec 16 – 30 Nov 17

PoP: 1 Dec 16 – 30 Nov 17

PoP: 1 Dec 16 – 30 Nov 17

PoP: 1 Dec 16 – 30 Nov 17

PoP: 1 Dec 16 – 30 Nov 17

PoP: 1 Dec 17 – 30 Nov 18

PoP: 1 Dec 17 – 30 Nov 18

PoP: 1 Dec 17 – 30 Nov 18

PoP: 1 Dec 17 – 30 Nov 18

PoP: 1 Dec 17 – 30 Nov 18

PoP: 1 Dec 18 – 30 Nov 19

PoP: 1 Dec 18 – 30 Nov 19

PoP: 1 Dec 18 – 30 Nov 19

PoP: 1 Dec 18 – 30 Nov 19

PoP: 1 Dec 18 – 30 Nov 19

PoP: 1 Dec 19 – 31 May 20

PoP: 1 Dec 19 – 31 May 20

PoP: 1 Dec 19 – 31 May 20

PoP: 1 Dec 19 – 31 May 20

PoP: 1 Dec 19 – 31 May 20

Total

$ 0.00

Commercial Washers: 30 Units of IPSO Top Loading Automatic Washer Model # BWNMN2PP and 6 Units of IPSO Front Load Washer Model # BFN5SF or equal. Washers shall be commercial type, energy star compliant, top loading and front loading with eighteen (18) lbs. load capacity. Stackable Washers shall be front loading machines in dormitories requiring stackable washer/dryer combinations. Washers shall meet the Energy Star Program Eligibility Criteria Levels for Clothes Washers as modified on February 1, 2013 Star Energy publication. The washers shall be equipped with a minimum of adjustable water levels for small to extra-large loads, an automatic timer or with a manually adjustable timer, three (3) wash cycles, and a three (3) position water temperature control (hot, warm, and cold). Washers shall also be equipped with a safety feature that will stop the flow of water, the agitator and the spin action whenever the lid is open. Washers shall have standard hot and cold water connections and be capable of operating on 120-volt, 20 amp circuit without overloading the electrical circuit under normal operation. Contractor shall furnish same type of washer whenever new equipment is required or when repairs to a machine(s) becomes uneconomical.

Electric Dryers: 36 Units of IPSO Electric Dyer Model # BDG809/BDE807 or equal. All dryers shall be commercial type, heavy duty and shall operate on 240 volts 30 amps. The dryers shall have a minimum of three (3) cycles; normal, permanent press, and delicate. Dryers shall be equipped with a timer for selection of drying time. The dryers shall also be equipped with a safety switch to stop operation whenever the door is opened. Dryers shall be thermostatically controlled in the permanent press or wash and wear cycles so as not to exceed 150 degrees F within the tumbler chamber at any time during the drying cycle.

Stackable Washer/Elec. Dryer: 18 Sets IPSO Model # BTE50F or equal. Washers shall be commercial type, energy star compliant, top loading and front loading with eighteen (18) lbs. load capacity. Stackable Washers shall be front loading machines in dormitories requiring stackable washer/dryer combinations. Washers shall meet the Energy Star Program Eligibility Criteria Levels for Clothes Washers as modified on February 1, 2013 Star Energy publication. The washers shall be equipped with a minimum of adjustable water levels for small to extra-large loads, an automatic timer or with a manually adjustable timer, three (3) wash cycles, and a three (3) position water temperature control (hot, warm, and cold). Washers shall also be equipped with a safety feature that will stop the flow of water, the agitator and the spin action whenever the lid is open. Washers shall have standard hot and cold water connections and be capable of operating on 120-volt, 20 amp circuit without overloading the electrical circuit under normal operation. Contractor shall furnish same type of washer whenever new equipment is required or when repairs to a machine(s) becomes uneconomical. All dryers shall be commercial type, heavy duty and shall operate on 240 volts 30 amps. The dryers shall have a minimum of three (3) cycles; normal, permanent press, and delicate. Dryers shall be equipped with a timer for selection of drying time. The dryers shall also be equipped with a safety switch to stop operation whenever the door is opened. Dryers shall be thermostatically controlled in the permanent press or wash and wear cycles so as not to exceed 150 degrees F within the tumbler chamber at any time during the drying cycle. NOTE: The dryers for the following building numbers shall be stackable dryers and shall fit within the space of the laundry room of building: Bldg. 364 76.5 h and 26 7/8 w.

Delivery Information:

Quotation Preparation Instructions:

To assure the timely and equitable evaluation of quotations, vendors must follow the instructions contained herein.

a. Site Visit

(1) All interested parties shall email SSgt Jeremias Cirilo, jeremias.cirilo@us.af.mil and MSgt Noah Branscom, noah.branscom@us.af.mil no later than 2:00 p.m. CST 16 October 2014. Failure to email a list as directed above will result in base access not being granted.

(2) Site visit date: 17 October 2014 at 1:00 p.m. CST -Please meet at STRATCOM Gate from Highway 75 Off Capehart Exit Bellevue, NE, no later than 1:00 p.m. to attend the site visit

b. Questions Concerning the RFQ:

(1) Questions regarding this RFQ shall be directed ONLY to the 55th Contracting Squadron personnel.

(2) Questions shall be directed to Contract Specialist, SSgt Jeremias Cirilo via email to jeremias.cirilo@us.af.mil, reference solicitation # F3H3G14246A001 in the subject line of the email.

(3) Questions are due at 2:00 p.m. CST on 7 November 2014.

(4) Alternate point of contact for this requirement is MSgt Noah Branscom, Contracting Officer, noah.branscom@us.af.mil

c. Quote Submittal:

(1) Quotes shall be submitted electronically to SSgt Jeremias Cirilo, Contract Specialist, at jeremias.cirilo@us.af.mil and MSgt Noah Branscom, Contracting Officer, noah.branscom@us.af.mil

(2) Due date for quotes is 2:00 p.m. CST 14 November 2014.

(3) All offerors shall be registered in System for Award Management (SAM.GOV) https://www.sam.gov/portal/public/SAM/.

d. General Information & Quote Format:

(1) Pricing shall include all line items as listed above. No partial proposals will be considered. No partial awards will be made.

(2) Quotes shall include the vendor’s contract line item numbers (CLIN).

(3) At a minimum, quotes shall include the following information within the quote submitted

– Attachment 2: Lease of Dormitory Washers/Dryers Performance Work Statement (PWS) Evaluation Factors

EVALUATION: The Government will award a firm fixed-price contract to the Offeror whose proposal is the most advantageous to the Government price and other factors considered. The following factors will be evaluated:

1. Technical Evaluation will consider offeror’s solution to provide services/supplies required in accordance with the Performance Work Statement. Based on the following:

a) Provide listing of all washers/dryers intended for use which are equivalent or equal to commercial top-load washers, electric dryers, and stackable washers/dryers in accordance with the PWS to include item description, capacity, model number and manufacturer year.

b) Must meet preventative maintenance standards outlined in PWS Paragraphs 1.5.8 thru 1.5.10.12. by providing a schedule for preventative maintenance for first 12 months of services.

c) Must provide schedule for installation plan to show a complete installation date of 30 calendar days after award.

d) Must be registered in www.sam.gov at time of award.

2. Price

Evaluation will consider pricing for the base (one year), four one year options period and extension period of six months.

Pricing is to be as submitted as Table 1 of this RFQ.

Basis of Award

Basis for award: A single firm-fixed price purchase order award will be made to the responsive and responsible vendor (IAW FAR 9.1), as supplemented, whose quotation meets or exceeds the acceptability standards for non-cost factors. The Government will select the quotation with the lowest evaluated price from among those meeting the acceptability standards for non-price factors, which reflects a complete understanding of the salient characteristics, the Performance Work Statement (PWS), and is judged, based on the evaluation factors and subfactors, to represent the lowest price technically acceptable (LPTA) quotation. Best Value is represented by LPTA. To be eligible for award, a quotation must meet all technical requirements, conform to all required terms and conditions, and provide all information required. Only those quotations determined to be technically acceptable will be evaluated on price. If the quotation received is determined to be unacceptable, the vendor will be excluded from competition and will not be considered for award. If the quotation does not provide pricing for all items, the offeror will be considered nonresponsive, excluded from competition, and will not be considered for award. While the Government will strive for maximum objectivity, the source selection process, by its nature, is subjective; and therefore, professional judgment is implicit throughout the entire process. Quotations should contain the offeror's best terms on a price and technical-specification acceptability standpoint.

* The Government reserves the right to cancel this solicitation, any time before contract award. All items are for U.S. Government use, and shall be marked accordingly.

** Any Open Market items MUST be annotated accordingly.

***Quotes shall be accepted, until the listed close date, either through the FedBizOpps automated system or through direct e-mail transmissions to the above listed e-mail address.

Provisions and Clauses

The following provisions and clauses are applicable to this acquisition. Provisions and/or clauses marked with a * require the offeror to provide responsive information as set forth within those provisions and/or clauses. This responsive information shall be submitted in the same format provided within those provisions or clauses at the time a Quote is submitted.

The following clauses and provisions are applicable to this RFQ and can be viewed through internet access at the Federal Acquisition Regulation (FAR) Site, http://farsite.hill.af.mil:

Provisions and Clauses by Reference:

FAR 52.204-7 – System for Award Management FAR 52.204-9 – Personal Identity Verification of Contractor Personnel FAR 52.204-13 – System for Award Management Maintenance FAR 52.212-1 – Instructions to Offerors—Commercial Items

· CO Information for 52.212-2(a)

· Technical Acceptance: Technical Approach and Past Performance

· Total Price Quote: Table 1 with pricing for items quoted FAR 52.212-2 – Evaluations—Commercial Items

· CO Information for 52.212-2(a)

· Technical Acceptance: Technical Approach and Past Performance

· Total Price Quote: Table 1 with pricing for items quoted FAR 52.213-3 – Offeror Representations and Certifications—Commercial Items FAR 52.212-3 – Alternate I – Offeror Representations and Certifications—Commercial Items FAR 52.212-4 – Contract Terms and Conditions—Commercial Items FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items

· The Following are applicable clauses cited within FAR 52.212-5:

· FAR 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards

· FAR 52.209-6 – Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

· FAR 52.219-6 – Notice of Total Small Business Set-Aside

· FAR 52.219-13 – Notice of Set-Aside of Orders

· FAR 52.219-28 – Post-Award Small Business Program Representation

· FAR 52.222-3 – Convict Labor

· FAR 52.222-19 – Child Labor

· FAR 52.222-26 – Equal Opportunity

· FAR 52.222-36 – Equal Opportunity for Workers with Disabilities

· FAR 52.222-41 – Service Contract Labor Standards

· FAR 52.222-50 – Combating Trafficking in Persons

· FAR 52.223-15 – Energy Efficiency in Energy-Consuming Products

· FAR 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving

· FAR 52.232-33 – Payment by Electronic Funds Transfer-System for Award Management

· FAR 52.233-3 – Protest After Award FAR 52.229-3 – Federal, State, and Local Taxes FAR 52.232-1 – Payments DFARS 252.201-7000 – Contracting Officer’s Representative DFARS 252.203-7000 – Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 – Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005 – Representation Relating to Compensation of Former DoD Officials DFARS 252.223-7006 – Prohibition on Storage and Disposal of Toxic and Hazardous Materials DFARS 252.232-7003 – Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 – Levies on Contract Payments DFARS 252.243-7002 – Request for Equitable Adjustments

Provisions, Clauses, and Addendums by Full Text

*ADDENDUM TO FAR 52.212-1 Instructions to Offerors – Commercial Items, Addendum

PROVIDE THE FOLLOWING CONTRACTOR INFORMATION WITH YOUR QUOTE:

1. DUNS Number _________________________________________

2. TIN Number ___________________________________________

3. CAGE Code ___________________________________________

4. Contractor Name _________________________________________

5. Payment Terms (net 30) or Discount _____________________________________

6. Period of Performance___________________________________________

7. Business Type (i.e. small, women-owned, etc.)______________________________

8. Point of Contact & Phone Number________________________________________

9. Fax Number _____________________________________

10. Email address___________________________________________________

11. FOB (destination or origin) _______________________________________

12. GSA number, if applicable to this requirement ___________________________

FAR 52.212-2 Evaluation – Commercial Items Evaluation of quotes will be conducted using Simplified Acquisition Procedures in accordance with FAR Part 13.106. The evaluation will be conducted using Lowest Price Technically Acceptable (LPTA). The evaluation criteria are:

(ii) Total Price Quote: Table 1 with pricing for items quoted.

(i) Technical Acceptance: Technical Approach.

The Government reserves the right to evaluate past performance utilizing database sources such as PPIRS and FAPIIS. Offerors must include with their proposal a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, with their quote, unless this information has been submitted electronically as part of its annual representations and certificates at https://www.sam.gov.

*52.219-28 Post-Award Small Business Program Representation.

As prescribed in 19.309(d), insert the following clause:

POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 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, which 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 represent 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 represent its size status in accordance with the size standard in effect at the time of this representation 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-smallbusiness-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 representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

*The Contractor represents that it ❏ is, ❏ is not a small business concern under NAICS Code 812310, Laundry Services assigned to contract.

*FAR 52.222-25 Affirmative Action Compliance (Apr 1984) The offeror represents that -- *(a) It ____ has developed and has on file, ____ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or *(b) It ____ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

52.222-41 Service Contract Labor Standards (May 2014)

(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 revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor 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 con- tract, 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, Employment Standards Administration, 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 appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current 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.

(v) The wage rate and fringe benefits finally determined under this subparagraph (c)(2) of this clause shall be paid to all employees performing 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 Act and this contract.

(vi) Upon discovery of failure to comply with subparagraph (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 required 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 subparagraph (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 under 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 of 1938. 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 contract), 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 increases 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 worksite. 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, Employment Standards Administration, 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 worksite 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), rebate, 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 the Service Contract Labor Standards 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 requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Service Contract Labor Standards statute all or part of the wages or fringe benefits due under the Service Contract Labor Standards statute, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost.

(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Service Contract Labor Standards statute.

(m) Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof.

(n) Seniority List. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract.

(o) Rulings and Interpretations. Rulings and interpretations of the Service Contract Labor Standards statute are contained in Regulations, 29 CFR Part 4.

(p) Contractor's Certification.

(1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under 41 U.S.C. 6706.

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under 41 U.S.C. 6706.

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(q) Variations, Tolerances, and Exemptions Involving Employment. Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to 41 U.S.C. 6707 prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business:

(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by 41 U.S.C. 6703(1) without diminishing any fringe benefits or cash payments in lieu thereof required under 41 U.S.C. 6703(2), in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, persons with disabilities, and disabled clients of work centers under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525).

(2) The Administrator will issue certificates under the statute for the employment of apprentices, student-learners, persons with disabilities, or disabled clients of work centers not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two statutes, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525).

(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 and 528.

(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program.

(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by 41 U.S.C. 6703(1), in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this provision—

(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized;

(2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received);

(3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Labor Standards minimum wage through the combination of direct wages and tip credit; and

(4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of 41 U.S.C. 6707(c).

Disputes Concerning Labor Standards. The U.S. Department of Labor has set forth in 29 CFR Parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(End of clause)

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires

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

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.237-1 Site Visit.

As prescribed in 37.110(a), insert the following provision:

SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference

As prescribed in 52.107(a), insert the following provision:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil

(End of provision)

52.252-2 Clauses Incorporated by Reference

As prescribed in 52.107(b), insert the following clause:

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates…