Solicitation FA7012-08-R-0022.doc

Section SF 1449 - CONTINUATION SHEET

BLOCK 18B

Contractor shall submit invoices to the following address:

ALL INVOICES SHALL BE PREPARED AND SUBMITTED IN THE WIDE AREA WORKFLOW FOR PAYMENT. THE WEBSITE IS AS FOLLOWS: https://wawf.eb.mil/. If the contractor is unable to submit a payment request in an electronic form as directed DFAR Clause 252.232-7003, or DoD is unable to receive a payment request in electronic form, the Contractor shall submit invoices to the following addresses:

USAF Honor Guard

Attn: SSgt Carmen Hassell

50 Ducan Ave, BLDG 7100

Bolling AFB, DC 20032

Professional Hair Cuts

FFP

Nonpersonal Services: The contractor shall provide personnel and transportation necessary to perform two styles of professional hair cuts, "High and Tight" and "Clean Shave" for the USAF Honor Guard members only.

FOB: Destination

MILSTRIP: F1A1A38120A001

PURCHASE REQUEST NUMBER: F1A1A38120A001

SIGNAL CODE: A

NET AMT

Emergency Service Calls

FFP

Nonpersonal Services - The contractor shall provide personnel and transportation necessary to perform two styles of professional hair cuts, "High and Tight" and "Clean Shave" for the USAF Honor Guard members only.

FOB: Destination

SIGNAL CODE: A

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-AUG-2009

HONOR GUARD - F1A1A3

CARMEN FRAZIER

50 DUNCAN AVE

BLDG 7100

BOLLING AFB DC 20032-0202

202-404-7952

F1A1A3

31-AUG-2009

(SAME AS PREVIOUS LOCATION)

F1A1A3

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2008) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the 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 the 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 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.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, 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 $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 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).

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

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201)

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

(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)) flow down required for all subcontracts subject to the Service Contract Act of 1965 (41U.S.C. 351, et seq.).

(viii) 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.)

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements ``(Nov 2007)'' (41 U.S.C. 351, et seq.)

(x) 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)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

Barber

WG-7

$20.52 (End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil (End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR 2008) (DEVIATION)

(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5 (FEB 2008) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(End of clause)

5352.201-9101 OMBUDSMAN (AUG 2005)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMBC A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, Mrs. Diane Dade, 1535 Command Drive, Suite 202, Andrews AFB, Camp Spring MD, 20762 Phone # 301-981-7342. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUG 2007)

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and base access letter signed by the CO to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

STATEMENT OF WORK

FOR

USAF HONOR GUARD BARBER SERVICES

1.0 Description of Services

1.1. SCOPE OF WORK. The contractor shall provide all supervision, personnel, transportation, and other services necessary to provide barber services to the United States Air Force Honor Guard (USAF HG) located at BLDG 47, 50 Ducan Avenue, Bolling AFB, DC 20032.

1.2 MALE HAIR STYLES. The contractor shall perform barber services in accordance with Air Force Instruction (AFI) 36-2903. Hair cuts will have a tapered appearance on both sides and back, both with and without headgear. A tapered appearance is one that when viewed from any angle outlines the individual’s hair so that it conforms to the shape of the head, curving inward to the natural termination point. Hair will not be worn in an extreme or fad style or in such a way that exceeds length or bulk standards or violates safety requirements. Protune below the front band of properly worn headgear. Hair will not exceed 1 ¼ inches in bulk, regardless of length and exceed ¼ inch at the natural termination point.

1.3 BARBER. The contractor shall perform two styles of USAF Honor Guard haircuts “High and Tight” and “Clean Shave”. Straight razor shall be used with warm lather. At the end of each hair cut an alcohol base shall be applied where hair was shaved. The contractor shall clean down their workstation after each patron. Handlebar mustaches, goatees, and beards are not authorized.

1.4 hAIR CUT STANDARDS. The hair on top of the head must be neatly groomed. The length and bulk of the hair may not be excessive or present a ragged, unkempt, or extreme appearance. The hair must present a tapered appearance. Hair must not interfere with the normal wear of headgear or protective masks or equipment.

1.5. CONTRACTOR QUALIFICATIONS. The contractor shall meet the minimum qualifications as identified below.

1.5.1 Contractor shall provide two professional barbers with a certified barber license and shall have at the minimum 2 years of consistent hair cutting experience.

1.5.2 Contractor shall be familiar with AFI 36-2903/USAF HG SUPPLEMENT 1 paragraph 7.3 and 7.31 DRESS AND PERSONAL APPEARANCE OF USAF HONOR GUARD PERSONNEL. The contractor shall perform in accordance with AFI 48-117 PUBLIC FACILITY SANITATION, paragraph 7, Barber and Beauty Shop Requirements; paragraph 8, Health and Personal Hygiene of Barber and Beauty Shop Hairdressers; paragraph 9, Taking Care of and Disinfecting Instruments and paragraph 13, Medical Evaluation of Public Facilities. See Appendix A.

1.6 General Information

1.6.1 Compliance with Laws and Regulations. The service provider shall be knowledgeable of and shall comply with all applicable federal, state, and local laws, permits, Department of Defense (DoD), AF, and base requirements and instructions required for the performance of the duties in this SOW. The service provider shall ensure policies and procedures are established that protect the safety and welfare of customers, employees, and the community to minimize or eliminate safety or environmental pollution risks.

1.6.2 Indemnification: The contractor agrees to indemnify and hold the Government and the Department of the Air Force harmless, whether in tort or in contract, for any and all loss or liability for injury to or death of service provider personnel in transit to, from or during the period of attendance at any of the required locations in support of this production.

1.6.3 BASE ACCESS: The contractor shall ensure compliance with all federal, DoD, AF, and Bolling AFB vehicle identification policies for contractor-owned vehicles. The contractor shall complete AF Form 75, Request for Visitor/Vehicle Pass and DD Form 1172, Application for Uniformed Services Identification Card and submit them to Security Forces, Pass and registration. Vehicle registration, proof of insurance and a valid driver’s license shall be presented for all vehicles to be registered. The contractor shall submit a complete list of all employees performing on this contract through the Contracting Officer to the Security Forces. Lost vehicle and entry passes shall be reported immediately to the Security Police and Quality Assurance Personnel.

1.6.4 HOURS OF OPERATION. The contractor(s) shall be available on site 0800-1700 Sundays, and 0600-1500 Monday-Thursdays. For emergency barber service (due to State Funerals, Joint Service Arrivals, Out of Town Funerals, or any other major ceremony), the contractor(s) shall be able to respond to emergency calls from USAF HG leadership within 1 hour any day of the week. Once the contractor responds within 1 hour they shall report on site within 1 hour.

1.6.5. federal holidays: The contractor shall not be required on site for the listed Federal Holidays observed by this installation: Columbus Day, Veterans Day, Thanksgiving Day, Christmas and Inauguration Day but for any emergency barber service (due to State Funerals, Joint Service Arrivals, Out of Town Funerals, or any other major ceremony) contractor(s) shall be able to respond to recalls from USAF HG leadership within 1 hour. Once the contractor responds within 1 hour they shall report on site within 1 hour.

1.6.6. PEFORMANCE OF SERVICES DURING CRISIS DECLARED BY THE NATIONAL COMMAND AUTHORITY OR OVERSEAS COMBATANT COMMANDER. The contractor shall perform all services under this contract during a national emergency or crisis according to the Department of Defense Instruction (DODI) 3020.37. The contractor is expected to perform emergency or special event services as indicated in paragraphs aforementioned, unless otherwise advised by an authorized government representative.

1.6.7 QUALITY ASSURANCE. According to the Inspection of Services clause, the government will evaluate the contractor’s performance using periodic method of surveillance.

1.6.8 WARRANTIES. The contractor warrants that work performed under this contract shall conform to the contract requirements and shall be free of any defects. The contractor shall remedy at the contractor’s expense any defects noted by the Contracting Officer. The contractor shall provide a written warranty agreeing to repair or replace items that fail in workmanship under this contract. Materials provided by the contractor shall be manufacturer’s standard warranty.

1.6.9 GOVERNMENT REMEDIES. The contracting officer shall follow FAR 52.212.4, Contract Terms and Conditions-Commercial Items for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

2.0 Service Summary. The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

3.0 Government Furnished Property and Services

3.1. Government-Furnished Utilities. The government will furnish utilities for the operation of the facilities provide. These utilities include heating, fuels, gas, electricity, water, sewer, postal distribution, refuse collection, fire and police protection and sever emergency medical.

3.2. Conservation of Utilities. The contractor shall ensure employees practice utilities conservation. The contractor shall operate under conditions that prevent the waste of utilities to include; turning off lights and water faucets w hen not in use.

3.3. Government Owned. The contractor shall be responsible for operating the government owned equipment. Should any item require repair or replacement due to negligence, the contractor shall be responsible for all such repairs or replacement at no cost to the government. The Government shall be responsible for replenishing all equipment and materials used only during the performance of this contract. Before any modification to the equipment is performed, the contractor shall provide to the NCOIC of Supply all documentation detailing the modification requested. All modifications shall be at the contractor’s expense. The contracting officer shall make no modification to any equipment without written approval.

3.4. Equipment Inventory. An inventory of government furnished equipment must be done not later than 2 calendar days before the start of the contract period. The contractor and a government representative (identified by the contracting officer) shall conduct a joint inventory of all Government-furnished equipment and materials. The contractor shall sign a receipt for all equipment and materials provided by the government. Items of equipment missing or not in working order shall be recorded and the contracting officer notified in writing. The contractor and the government representative shall jointly determine the working order and condition of all equipment and document their findings on the inventory.

3.5. Loss or Damage.

3.5.1 The contractor shall submit requests for replacement of government-furnished equipment to the NCOIC of Supplies for processing. Such requests shall specify the reason for equipment replacement.

3.5.2 The government shall replace materials that are lost due to wear and tear. The Government owned tools, parts, equipment and materials provided to the contractor(s) for barber services, shall remain in the USAF HG barber shop at all times unless given permission by USAF HG leadership. See Appendix B.

4.0 APPENDICES

4.1 Applicable Documents - A

4.2 Government Furnish Equipment List - B

4.3 Government Furnish Facility Space – C

4.4 Important Numbers - D

APPENDIX

APPENDIX A – APPLICABLE DOCUMENTS

All publications mentioned in this Statement of Work are government publication applicable to the contract. All are mandatory documents that shall be adhered to. Should there be any changes to any of these publications following contract award, the individual shall comply with all changes.

1. AFI 36- 2903, USAF HG Supplement 1, Dress and Personal Appearance of USAF Honor Guard Personnel

2. AFI 48-117, Public Facility Sanitation http://www.e-publishing.af.mil/shared/media/epubs/AFI48-117.pdf

APPENDIX B – GOVERNMENT FURNISHED EQUIPMENT LIST

APPENDIX C

GOVERNMENT-FURNISHED FACILITIE SPACE

1. The Government will furnish the contractor the following facilities in which contractor’s work is performed:

BLDG NO.

USE/DESCRIPTION APPROXIMATE SQ FT

Honor Guard Supply

2. No alterations to the facilities will be made without specific written permission from the Honor Guard Commander or Contracting Officer.

APPENDIX D

IMPORTANT NUMBERS

1. Security Forces (202) 767-5000

2. Fire Department (202) 767-5777

3. Ambulance (202) 767-5233

4. Hazmat Pharmacy (202) 767-8297

REGISTER OF WAGE DETERMINATIONS UNDER ³ U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT ³ EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor ³ WAGE AND HOUR DIVISION

³ WASHINGTON, D.C. 20210

³

³

Shirley F. Ebbesen Division of Wage ³ Wage Determination No: 2007-0117

Director Determinations ³ Revision No: 2

³ Date Of Revision: 05/29/2008

State: District of Columbia

Area: District of Columbia Statewide

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

24510 - Barber 14.93

24540 - Beautician (Cosmetologist) 15.99

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: Life, accident, and health insurance plans, sick leave, pension plans, civic and personal leave, severance pay, and savings and thrift plans. Minimum employer contributions costing an average of $3.24 per hour computed on the basis of all hours worked by service employees employed on the contract.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract

(either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

The duties of employees under job titles listed are those described in the

"Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the

Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL)

Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard

Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein 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), be classified by the contractor 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 classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the

Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of

Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

PROVISIONS INCORPORATED BY REFERNCE

52.212-1 Instructions to Offerors—Commercial Items

JUN 2008

PROVISIONS INCORPORATED BY FULL TEXT

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

(a) The Government will select the best overall offer based on the Past and Present Performance and Price. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation; will be the most advantageous to the Government in accordance with the evaluation criteria outlined at FAR 52.212-2 of the solicitation entitled “Evaluation-Commercial Items. The Government will evaluate proposals based on the following factors, listed in descending order of importance; Past and Present Performance and Price. The Government will not make an award at a significantly higher overall cost to achieve slightly superior performance. The government seeks to award to the offeror who gives the greatest confidence, that will best meet or exceed the requirements affordably. Only those offerors that conformed to the solicitation either initially or as a result of discussions, will be considered for award. While the evaluation team and the contracting officer will strive for maximum objectivity, the selection process, by its nature, is subjective and, therefore, professional judgment is implicit throughout the entire process. The following factors shall be used to evaluate offers:

Factor 1 – Past/present Performance

(i) The Government will assess the relevance and breadth of the Offeror’s experience and the quality of the Offeror’s past performance on contracts consistent in scope with the barber services.

(ii) The quality of Offeror’s past/present performance will be evaluated on the basis of information contained in the Offeror’s proposal, the information that the Government obtains through references and other means. The past/present performance evaluation will assess the offeror’s record of: providing high quality services in a timely manner; conforming to specifications and the standards of good workmanship; adhering to contract schedules; controlling cost, including the administrative aspects of contract performance; overall personnel quality, availability, and stability; commitment to and businesslike concern for the interests of the customer; and overall client satisfaction. The offeror’s proposal shall address performance in related functions of at least three (3), but no more than five (5), of the most relevant contracts performed for Federal agencies, state, local governments and commercial customers within the last 3 years of current and past contracts. In addition, the contractor will also be required to submit samples of their work to aid in the evaluation of present performance. Performance information will be used for both responsibility determinations and as an evaluation factor against which offeror’s rankings will be compared to assure best value to the Government.

(iii) All offerors will receive a performance risk assessment rating in accordance with the following Air Force Federal Acquisition Regulation:

E - EXCEPTIONAL - Based on the offeror’s performance record, essentially no doubt exists that the offeror will successfully perform the required effort.

V - VERY GOOD - Based on the offeror’s performance record, little doubt exists that the offeror will successfully perform the required effort.

S - SATISFACTORY - Based on the offeror’s performance record, some doubt exists that the offeror will successfully perform the required effort.

M - MARGINAL - Based on the offeror’s performance record, substantial doubt exists that the offeror will successfully perform the required effort.

U - UNSATISFACTORY - Based on the offeror’s performance record; extreme doubt exists that the offeror will successfully perform the required effort.

N - NEUTRAL - Unable to provide a score. No performance record identifiable.

The Government will assign ratings through an integrated analysis of those risks and strengths the government identifies in the offeror’s recent, present and relevant contract performance. The government will place more weight and consideration on more relevant and recent past performance information. Essentially, the past performance assessment is the Government’s confidence, based on the offeror’s performance record, that the offeror will successfully perform the required effort in accordance with the contract and its proposal.

If the lowest evaluated price offeror receives a low performance risk rating, and is determined to be responsible, that offeror’s proposal represents the greatest value in accordance with the evaluation criteria contained in this solicitation and will be selected for award.

(iv) The Government reserves the right to award a contract to other than the lowest evaluated price technically acceptable offeror, and instead award to a higher priced, technically acceptable offeror with a better performance risk rating. In these cases, price and performance risk are both treated as equal areas and may be traded off, one against the other. The Contracting Officer shall make an assessment of the price proposed and the performance risk rating assigned, and trade one off against the other to determine the best value for the Government.

(v) Offerors without a record of relevant past performance or for whom information on past performance is not available shall receive the rating “none”, meaning the rating is treated neither favorable or unfavorably.

(vi) Offerors are to note that, in conducting this assessment, the Government reserves the right to use both data provided by the offeror and data obtained from other sources.

Factor 2 - Price

(i) This factor will evaluate the cost proposal to determine price analysis and price reasonableness of the proposed total evaluated price.

(ii) An offeror’s proposed price will be determined by multiplying the quantities identified in the Price Schedule by the proposed unit price for each Contract Line Item Number (CLIN) to confirm the extended amount for each CLIN. The price will be totaled to determine the overall estimated price to be evaluated. Offerors are specifically advised that, under this evaluation method, the government may determine that an offer is unacceptable if the prices are unbalanced. Prices are unbalanced if they are significantly overstated or understated in relation to the actual cost of the work. Review of the contractor price data will consist of an analysis to determine the following:

(A) Price Analysis. All cost and financial information required by the RFP and amendment(s) there to have been submitted. One or more of the following techniques may be used to perform price analysis.

(1) Comparison of proposed prices received in response to the solicitation.

(2) Comparison of prior proposed prices and contract prices with current proposed prices received for the same or similar end items.

(3) Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

(4) Comparison of proposed prices with Independent Government Cost Estimates (IGCE).

(B) Price Reasonableness. Each proposal will be evaluated to determine whether the Government considers the proposed prices to be reasonable. The Government will evaluate price reasonableness in relation to commercial or market price lists, IGCE, or any other information used as a basis for comparison.

(b) Options. The Government will evaluate offers for award purposes by adding the estimated total price for all options to the estimated total price for the basic year 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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2008)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

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

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined…