6-Questions_and_Answers-FA8501-14-R-0003 _8DEC2014.pdf

FA8501‐14‐R‐0003‐ SUBMITTED QUESTIONS AND ANSWERS

8 Dec 2014

1. In App 5 is the TRK STK 4X2 9200 GVW, is this the vehicle that will be used for mobile maintenance?

ANSWER: No; there is no Government Furnished Vehicle for "mobile Maintenance", this asset is assigned for tire service/repair.

2. CBA ‐ Article 16 section 3, Employee contribution of $9.00, is this $9.00 a hour, week, or year? If accurate information cannot be obtained, will additional funding be awarded to cover these costs after initial award of the contract?

ANSWER: The employee contribution you’re referring to is paid monthly.

3. 1‐Questions_and_Answers dated 3 November 2014. Without obtaining the seniority information there is no accurate way to calculate severance pay, vacation time, etc.; will additional funding be awarded for the payment of severance packages, additional vacation time, etc?

ANSWER: (The information below is taken from The Service Contract Act Desktop Guide, May

2007, (Source: Air Force Labor Advisors Office (SAF/AQCK). This answer was reviewed by the

Air Force Labor Advisors Office (Eastern Region)):

A seniority list is required if contractors are performing work at Federal facilities and are to be replaced by a contractor that may hire some or all of the contractor’s employees (offerors are reminded of the effects of FAR 52.222‐17). The departing contractor must furnish the

Contracting Officer a certified list of all service employees on the contractor or subcontractor’s payroll during the last month of the contract, along with their anniversary dates of employment. This information cannot be provided earlier than permitted by FAR 22.1020 and subparagraph (n) of the SCA clause (52.222‐41)‐‐ no later than 10 days before contract completion. The purpose of the information is to assist the new contractor in complying with

SCA vacation requirements. The seniority list is not intended as an aid to offerors for contract bidding/pricing purposes and therefore cannot not be provided to any offeror or awardee prior to the beginning of contract performance.

Because SCA compliance is the contractor’s responsibility and enforcement is solely DOL’s responsibility, questions on classification of workers must be decided by the contractor and

DOL, not the contracting office. Therefore, any questions on the proper classifications of workers either during the solicitation/proposal stages of a procurement or after contract award must be deferred to DOL. The contractor ‐‐ within the confines of the statement of work ‐‐ is responsible for the correct classification of its workforce. Contracting Officers should refrain from providing employee classification advice to a contractor as this creates a potential liability for the government if the advice is later found to be incorrect.

Regarding severance pay, offerors are reminded that severance payment to incumbent employees would be the responsibility of the outgoing (employer) contractor, should severance conditions be triggered. Severance, although a fringe benefit IAW 29 CFR 4.53, is commonly treated as a contingency.