Solicitation.doc

Section B - Supplies or Services and Prices

Discovery Resource Center Manager

FFP

Contractor shall perform all duties and responsiblities as outlined in the statement of work.

FOB: Destination

PURCHASE REQUEST NUMBER: F1G3E90215A001

SIGNAL CODE: A

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

FOR

AIRMAN AND FAMILY READINESS CENTER

DISCOVERY RESOURCE CENTER MANAGER

Dated 10 Aug 2010

1.0 SCOPE OF WORK: The Contractor shall manage and operate the Airman and Family Readiness Center’s Discovery Resource Center (A&FRC). The Discovery Resource Center is a resource center for use by authorized base personnel to obtain social service referrals, access the internet and obtain information about a variety of individual and family issues. Contractor shall develop, maintain, publicize and distribute A&FRC quarterly and monthly calendar/flyers of classes and events. This project requires knowledge of Air Force Family Resource Center functions and wide latitude in the knowledge, skills and abilities necessary to perform the duties associated with this Statement of Work.

2.0 HOURS OF WORK: Services will be performed Monday through Friday from 0730-1630 under the supervision of the Airman and Family Readiness Center Superintendent. Hours may be adjusted with prior approval from supervising staff in advance of work performance (i.e. evening classes or evening hours) at which time there will be an adjustment to the duty day.

3.0 CONTRACTOR PERSONNEL

The Contractor shall provide qualified employees with knowledge of A&FRC Resource Center and communication skills appropriate in a social service environment. Contractor must become familiar with all available services; and be able to provide Air Force and commercial social service program referral information to clients as applicable in a manner which in no way offends any member of the A&FRC clientele. Recognize and acknowledge clientele with a cognizance of hierarchy and protocol with reference to military rank, civilian grades, and Wing and Tenant Unit organizations. Contractor must be able to work with a diverse clientele.

4.0 DESCRIPTION OF SERVICES:

Contractor shall assist the Airman and Family Readiness Center staff in providing a full range of readiness referral services to Airman and Family Readiness Center (A&FRC) clientele in the following areas: intake assessment to determine appropriate level of assistance, transition assistance, spouse employment, relocation, financial and personal work/life information, and family readiness to authorized patrons who are seeking assistance. For employment and transition assistance, the Contractor shall coordinate with the Employment Assistance Program Manager or the Supervisor of the Employment/Transition Branch. Provide technical assistance to users of the Discovery Resource Center, assisting in the operation of computer-based programs, as specified in requirements below, and other programs available in the Discovery Resource Center. The Contractor shall serve as the initial point of contact for all A&FRC and Discovery Resource Center software, hardware, and user problems to include NIPERNET AND QolNET network issues. If the contractor cannot resolve the problem, he/she should contact the Computer Systems Administrator (CSA) for assistance.

4.1 Contractor shall assess and report potential risks and outages (i.e., server problems, network outages, etc.) on the Discovery Resource Center network to the CSA and Flight Chief. This is necessary for tracking problem areas and identifying maintenance trends.

4.2 Contractor is the first line of defense with installation and configuration of software/hardware on Discovery Resource Center’s end-user workstations and notify CSA of relocation of any hardware within the Discovery Resource Center or with the need of any assistance.

4.3 Contractor shall prepare and maintain system and configuration documentation.

4.4 Contractor shall promote user awareness concerning unauthorized or illegal use of computer hardware and software.

4.5 Contractor shall ensure workstations and network software remains virus free and notifies CSA of computer viruses or potential thereof.

4.6 Contractor shall review and submit locally developed software to the CSA. Contractor shall not install or modify any equipment or software without prior approval from CSA to include software downloads from the internet.

4.7 Contractor shall maintain software library and original diskettes and make back-up copies of original diskettes.

4.8 Contractor shall maintain network integrity by allowing only authorized patrons to access the Quality of Life Network (QoLNET) and Internet Service Provider (ISP) accounts.

4.9 Contractor shall maintain system documentation (maintains network schema, checklists, and systems operations logbook).

4.10 Contractor shall update risk analysis as required by the base Computer Systems Security Officer.

4.11 Contractor shall plan short-term and long-term loss of systems software/hardware.

4.12 Contractor shall perform routing system maintenance and weekly system back-ups.

4.13 Contractor shall catalog all new materials received within one week of receipt, develop bibliographies/records of all resources and make recommendations on ordering new or updating existing resource materials.

4.14 Contractor shall maintain accountability statistics on resources used and develop charts, logs, and summaries as directed by A&FRC Manager.

4.15 Contractor shall ensure Discovery Resource Center is opened, lights and workstations turned on and functioning at the beginning of each day; bring up main menus on computers, ensure printer paper is loaded; and automated sign-in log is available. Ensure adequate housekeeping is accomplished each day to keep the Discovery Resource center in an orderly manner; i.e. cleaning off resources from tables, stocking books and videos, etc.

4.16 Contractor shall ensure all clients sign in utilizing the designated system. Provide A&FRC management a monthly client usage report in the format established by management not later than the fifth working day of the next month.

4.17 Contractor shall assist authorized clients with technical questions concerning use of computer programs, formatting of materials to be printed, such as but not limited to resumes, federal application systems and software, operation of video machine, and other electronic equipment as applicable.

4.18 Contractor shall provide referral service to clients seeking assistance with services such as financial, parenting, relationship problems, change management, transition assistance, career counseling, relocation information and other services provided by the A&FRC.

4.19 Contractor shall be familiar with the cataloging system for print and video materials as established by the A&FRC, and be able to assist clients in locating and selecting appropriate resource materials based on need.

4.20 Contractor shall catalog and shelve new materials in designated space and change out weekly or as needed.

4.21 Contractor shall inventory all resource materials on a quarterly basis no later than the last day of the last month of the quarter, monitor the use of all materials and report any missing or damaged inventory to the A&FRC manager by the next duty day.

4.22 Contractor shall ensure the Discovery Resource Center is properly closed at the end of the official duty day by turning off lights and equipment. In the absence of A&FRC staff members, the Contractor shall ensure all other A&FRC lights are turned off and both the A&FRC doors and outer building doors are secured.

4.23 Contractor shall be responsible for checking in/out resource materials, verifying patrons have appropriate ID’s (i.e., military, civilian, dependent), and placing follow-up phone calls for overdue materials.

4.24 Contractor shall maintain computer security, ensure clients are aware of the limits on software program accessibility through the main menu, and instruct clients how to scan their disks for viruses. If a virus is detected, the disk will be secured and the CSA shall be notified immediately.

4.25 Contractor shall directly supervise customers’ access to any on-line program.

4.26 Contractor shall document any and all computer software/hardware malfunctions or abuse and report immediately to the CSA.

4.27 Contractor shall provide a contract manager who shall be responsible for the performance of the work. The contract manager and alternate(s) shall be designated in writing to the Contracting Officer.

4.28 The contract manager or alternate shall be available within 72 hours, to meet on the installation during normal duty hours, 7:00 a.m. to 4:30 p.m., with government personnel and the contracting officer to discuss problem areas.

4.29 The contract manager and alternate(s) must be able to read, write, speak, and understand English.

4.30 The contractor shall in the absence of the referral specialist assess the needs of incoming clients/customers and respond to routine phone request providing information to clients about local services and resources and refer calls and visitors/clients/customers to Community Readiness Technicians, Consultants or other staff members as appropriate.

4.31 The contractor shall develop, maintain and publish the A&FRC quarterly and monthly events calendars/flyers based on the classes and programs offered at the A&FRC, ensuring the calendar/flyers are published using venues identified by Director and/or Quality Assurance Evaluator. All calendars shall be forwarded to the web master on the first Friday of the month prior for posting.

4.32 The Contractor shall assist in maintaining The Volunteer Program to include but not limited to recruiting volunteers, screening/processing applications, maintaining job descriptions, recognition program, training and tracking volunteer hours.

4.33 Contractor shall assist in reproducing training/educational material, sign-in sheets, critiques and building folders for the eight program activity areas; PFMP, AFAS, Relocation, Transition, Employment, Personal/Work Life, Volunteer Resources, Family Readiness and Community Events.

4.34 Contractor shall maintain accountable statistical data relating to the eight core service areas. The contractor shall use this data to develop charts and graphs and to build after action reports as requested by the A&FRC Director or QAP.

4.35 Contractor shall assist with preparation, classroom set-up and provide opening briefs with housekeeping details to include evacuation procedures and building layout for all A&FRC workshops and seminars

4.36 Contractor shall brief all Transition Assistance Program (TAP) Classes on all available DRC resources and file all TAP related paperwork to include the DD form 4628

4.37 Contract shall assist with A&FRC Annual Community Event Programs such as but not limited to Angel Tree, Christmas Tree Lighting Ceremony and Wing Leadership Informational Luncheons.

5.0 SECURITY REQUIREMENTS

2.0 Physical Security: Contractor shall be responsible for safeguarding all Government property provided for use. At the end of each workday, ensure Government facility, equipment and materials are secure.

2.0 Pass and Identification: Contractor shall obtain and display all Government and contractor identification as required. Contractor shall return all Government issued identification and vehicle passes at contract expiration or termination thereof.

2.0 Traffic Laws, Weapons, Firearms and Ammunition: Contractor shall comply with all base traffic regulations. Contractor employees are prohibited from possessing weapons, firearms, or ammunition on themselves or within their contractor-owned or privately owned vehicle while on Barksdale AFB.

2.0 Key Control: Contractor shall safeguard and ensure Government furnished keys are not lost, misplaced or used by unauthorized individuals. Contractor shall not duplicate any Government furnished key and shall report immediately to the A&FRC security monitor the loss thereof not later than the next workday. In the event keys other than master keys are lost or duplicated, the contractor may be required by written direction of the Contracting Officer, to re-key or replace the affected lock or locks at no cost to the Government. The Government may however, replace any affected lock(s) or perform re-keying and deduct such cost from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government, and the total cost of replacement shall be deducted from the next monthly invoice submitted for payment by the contractor.

6.0 Contractor shall conduct instructional classes in basic computer and Microsoft computer software usage for clientele. Classes must be made available each quarter with two of the classes conducted in the evening hours. Class dates and time are to be determined. When Contractor conducts evening classes, the weekly work schedule shall be adjusted as necessary.

7.0

OTHER SIGNIFICANT QUALIFICATIONS

7.1 Contractor shall be competent in operating personal computer systems and Microsoft Office Products. Basic communication skills are essential for dealing with Discovery Resource Center patrons.

7.2 Experience of a family separation due to a deployment is also highly desirable.

7.3 Contractor should have a basic understanding of military protocol, support group organizations, understanding of family systems in a military setting, and poses the ability to communicate and work effectively with a diverse population.

7.4 Contractor shall dress appropriately for a professional office atmosphere.

8.0

GOVERNMENT FURNISHED EQUIPMENT AND SERVICES

8.1 The Government shall provide training on all computer-based systems used by the A&FRC with the exception of Microsoft Office (Contractor shall be proficient in this area). The Government shall also supply/furnish the necessary workspace, desk, personal computer, associated equipment and office supplies necessary for normal daily office functions. The contractor shall be responsible for safeguarding all government property provided for contractor use.

8.2 The Government shall provide telephone service for official use only. Government furnished phones will not be used for personal business. All commercial long distance calls shall be at the contractor’s expense.

8.3 Speak, write, and understand the English language fluently.

8.4 Gain competency of duties within 14 calendar days.

9.0

PRIVACY ACT:

9.1 Work on this contract may require that Contractor have access to Privacy Information. Contractor shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a, and applicable agency rules and guidance.

10.0

PERFORMANCE EVALUATION MEETING:

10.1 The contract manager may be required to meet with the Quality Assurance Personnel (QAP) and the contracting officer. Meetings shall be as often as necessary as determined by the contracting officer.

11.0

PERIOD OF PERFORMANCE:

11.1 The Government shall have the unilateral right to exercise option periods as specified in the Contract Schedule.

11.2 The Government may extend the term of this contract by written notice to the contractor within 30 days of the expiration of the existing period of performance, provided that the Government shall give the contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

12.0

LOCATION:

12.1 Services shall be performed in the office of the Airman and Family Readiness Center, Barksdale Air Force Base, LA.

13.0

HOURS OF OPERATION:

13.1 NORMAL HOURS: The contractor shall perform the services required under this contract during the following hours: Monday through Friday, 0730 to 1630. Contractor will work a maximum of 40 hours per week. The contractor will not be paid and is not required to perform service on federal holidays, closure days for the A&FRC, and other planned closure days such as AFGSC Family days.

13.2 FEDERAL HOLIDAYS: The contractor is not required to provide service on the following days: New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

14.0

DEFINITIONS:

14.1 CLIENT: Any person including military, civilian, reservists, and retirees or their family members seeking services from the Airman and Family Readiness Center.

14.2 CONTRACTING OFFICER: A person with authority to enter into, administer, and/or terminate contracts, in addition to making related determinations and findings on behalf of the United States Government.

14.3 QUALITY ASSURANCE PERSONNEL (QAP): A person assigned by the Government to inspect, evaluate and accept services.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

08-OCT-2011

413 CURTISS RD SUITE 8

BARKSDALE AFB LA 71110

FOB: Destination F1G3E9

Section G - Contract Administration Data

ADMINISTRATIVE DATA

ADMINISTRATIVE DATA

(a) Following award, this contract will be administered by the 2d Contracting Squadron. The name, address, telephone number, and fax number of the Contracting Officer and Administrator are as follows:

CO: Mary L. Owens

41 Vandenberg Ave

Barksdale AFB LA 71110-2079

Phone: 318-456-3450

Fax: 318-456-3668

E-mail:

mary.owens@barksdale.af.mil Admin: Jennifer L. Coffin

Phone: 318-456-3410

Fax: 318-456-3668

E-mail: jennifer.coffin@barksdale.af.mil

(b) The Contracting Officer (CO), is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

BOSSIER CITY -- PARISH SALES AND USE TAX

Bossier City and Bossier Parish levy a use tax defined by state and local sales tax law. As such, these sales are taxable at the point of delivery to the "contractor" (consumer). If the sales or use tax is not collected by the vendor, tax is payable directly to the jurisdiction in which delivery is made. Contractors and subcontractors are each individually liable for sales and use tax on the basis of their individual purchase transactions. This tax may extend to equipment leased or rented to the Government. It may also extend to supplies and equipment purchased elsewhere, but brought into Bossier Parish for final use. All contractors are cautioned to assure themselves of any liability for this tax. The local telephone number for questions concerning this tax is A/C 318 741-8551.

CONTRACTOR/VENDOR ACCESS TO BARKSDALE AFB

All commercial vehicles are required to enter Barksdale AFB through the East Gate, just off I-20 and Industrial Drive. This includes construction, food, supply, FedEX, and UPS deliveries, as well as contractors entering with company trucks. Contractors entering in their privately owned vehicles with an approved pass will be allowed entry at any gate. Hours of operation for the East Gate are 0500-2200 Monday through Friday, Saturday 0600-1200.

CELL PHONE POLICY

The use of cell phones while operating a moving vehicle on Barksdale AFB is prohibited, unless the phone is operated in a “hands free” mode. “Use of cell phones” includes placing calls, retrieving stored information from the phone, programming the phone, talking on the phone, and receiving calls, regardless of the source. Violators may be issued a citation and assessed 3 points on their base driving record. Additional points may be assessed if cell phone use is found to be a contributing factor in a motor vehicle accident.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price

Past Performance

Technical and past performance, when combined, are NA

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L. 111-5).

___ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (8) [Reserved].

_X__ (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

___ (11) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (12)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2010) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9 ___ (iii) Alternate II (OCT 2001) of 52.219-9.

___ (iv) Alternate III (JUL 2010) of 52.219-9.

___ (13) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

___ (14) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (16) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f).

_X__ (19) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).

_X__ (20) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_X__ (21) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).

_X__ (22) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X__ (23) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X__ (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X__ (25) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

_X__ (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) ___ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423) .

___ (ii) Alternate I (DEC 2007) of 52.223-16. .

___ (31) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

_X__ (32)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

_X__ (ii) Alternate I (JAN 2004) of 52.225-3.

___ (iii) Alternate II (JAN 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (34) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)) ___ (38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332) ___ (41) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (43)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_X___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

In compliance with the Service Contract of 1965, as amended, and the regulations of the secretary of Labor (29 CFR Para 4), this clause identifies the classes of Service employees expected to be employed under this 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. 534 OR 5332. This statement is for information only. IT IS NOT A WAGE DETERMINATION.

____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.)

____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) Reserved.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)

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

"Act," means the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

"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 the Act 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. 356, 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 informa-tion 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 determina- tions 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 fur- nished 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 Act 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 section 2(a)(4) of the Act 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 Act 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 Act--

(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 Act 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 this Act 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 Act all or part of the wages or fringe benefits due under the Act, 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.