BoggsJudges1118Vol2of3.pdf

PROPERTY OF THE UNITED STATES GOVERNMENT COPYING, DISSEMINATION, OR DISTRIBUTION

OF THESE DRAWINGS, PLANS, OR SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED

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SOLICITATION FOR OFFERS

SOLICITATION NUMBER: GS-03P-09-AZ-D-0044

PROJECT TITLE: JUDGES’ ELEVATOR UPGRADES AND

PREVENTIVE MAINTENANCE

LOCATION: J. CALEB BOGGS U.S. COURTHOUSE

844 NORTH KING STREET

WILMINGTON, DE 19801

THIS PROCUREMENT IS BEING SOLICITED FULL AND OPEN WITHOUT

RESTRICTIONS

VOLUME II of III: MAINTENANCE TERMS AND CONDITIONS

REQUEST FOR PROPOSAL DUE JULY 24, 2009

DATE and TIME 2:00 PM Philadelphia Local Time

SUBMIT PROPOSAL TO: U. S. GENERAL SERVICES ADMINISTRATION

WILMINGTON OFFICE

J. CALEB BOGGS U.S. COURTHOUSE

844 N. KING STREET, RM 1219, LOCK BOX 45

ATTN: BRENDA HAYWOOD

WILMINGTON, DE 19801-3519

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Project Title: Judges’ Elevator Upgrades J. Caleb Boggs U.S. Courthouse Wilmington, DE

Solicitation No.: GS-03P-09-AZ-D-0044

TABLE OF CONTENTS

VOLUME II OF II - MAINTENANCE TERMS AND CONDITIONS

*(See APPENDIX B UNDER SPEC PKG.)

SECTION C ELEVATOR PREVENTIVE MAINTENANCE

PART 1 SUMMARY SCOPE OF WORK

PART 2 BUILDING INFORMATION

PART 3 BUILDING AND ELEVATOR INFORMATION

PART 4 GLOSSARY OF TERMINOLOGY

PART 5 PREVENTIVE AND/OR PREDICTIVE

PART 6 ELEVATOR PERFORMANCE MEASURES

PART 7 RESERVED

PART 8 SAFETY INSPECTION AND TESTING SERVICES

PART 9 QUALITY CONTROL PLAN

PART 10 WORK EXCLUDED

PART 11 EXISTING DEFICIENCIES

PART 12 CONTRACT COMPLETION REQUIREMENT

PART 13 REPAIRS

PART 14 CALL BACK SERVICE

PART 15 RECORDS TO BE SUPPLIED BY THE

GOVERNMENT

PART 16 SUPPLIES, MATERIALS, REPLACEMENT PARTS,

AND EQUIPMENT

PART 17 RESERVED

PART 18 RESERVED

PART 19 STORAGE SPACE IN BUILDING ASSIGNED TO

CONTRACTOR

PART 20 CONTRACTOR EMPLOYEES

PART 21 SCHEDULING WORK AND REPORTING

ACCOMPLISHMENTS OR DEFECTS

PART 22 RESERVED

PART 23 CHECKLIST OF WORK SCHEDULING AND

REPORTING REQUIREMENTS

SECTION D PACKING AND MARKING

SECTION E INSPECTION AND ACCEPTANCE

SECTION F RESERVED

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Project Title: Judges’ Elevator Upgrades J. Caleb Boggs U.S. Courthouse Wilmington, DE

Solicitation No.: GS-03P-09-AZ-D-0044

TABLE OF CONTENTS

VOLUME II OF II - MAINTENANCE TERMS AND CONDITIONS

(See APPENDIX B INCLUDED IN SPEC PKG.)

SECTION G CONTRACT ADMINISTRATION DATA

SECTION H SPECIAL CONTRACT REQUIREMENTS

SECTION I SERVICE CONTRACT CLAUSES

GSA FORM 3504 SERVICE CONTRACT CLAUSES

SUPPLEMENT TO SERVICE CONTRACT

CLAUSES

GSA FORM 2166 SERVICE CONTRACT ACT OF 1965

SUPPLEMENT TO GSA FORM 2166

WAGE DETERMINATION: CBA-2009-2815

FAR 52.222-43 FAIR LABOR STANDARDS ACT AND SERIVICE

CONTRACT ACT – PRICE ADJUSTMENT

(OPTION CONTRACT)(May 1989)

SECTION J LIST OF EXHIBITS (See Spec. Pkg)

EXHIBIT A RESUME FORMAT

EXHIBIT B SAFETY AND HEALTH

EXHIBIT C OCCUPATIONAL SAFETY & HEALTH

STANDARDS

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SERVICE CONTRACT CLAUSES

(FIXED PRICE)

FAR 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 address:

http://www.acquisition.gov/comp/far/index.html (End of clause)

I. CLAUSES INCORPORATED BY REFERENCE:

A. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

NUMBER TITLE DATE

1. 52.202-1 Definitions JUL 04

2. 52.203-3 Gratuities APR 84

3. 52.203-5 Covenant Against Contingent Fees APR 84

4. 52.203-6 Restrictions on Subcontractor SEP 06

Sales to the Government

5. 52.203-7 Anti-Kickback Procedures JUL 95

6. 52.203-8 Cancellation, Rescission and JAN 97

Recovery of Funds for Illegal or Improper Activity

7. 52.203-10 Price or Fee Adjustments for JAN 97 Illegal or Improper Activity

8. 52.203-12 Limitation on Payments to SEP 07 Influence Certain Federal Transactions

9. 52.203-13 Contractor Code of Business DEC 08 Ethics and Conduct (Applies to Acquisitions Exceeding $5 Million)

10. 52.203-14 Display of Hotline Poster(s) DEC 07 (Applies to Acquisitions Exceeding $5 Million)

NOTE: Paragraph (b)(3) of FAR 52.203-14 is as follows for this solicitation:

(3) Any required posters may be obtained as follows:

Poster: GSA Office of Inspector General “FraudNet Hotline”

Poster Obtain from: Contracting Officer.

11. 52.204-4 Printing/Copying Double-Sided on AUG 00 Recycled Paper

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12. 52.204-9 Personal Identity Verification SEP 07 Of Contractor Personnel

NUMBER TITLE DATE

13. 52.209-6 Protecting the Government’s SEP 06 Interest when Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment

(Clauses 14 through 17 apply to contracts awarded via Sealed Bidding.)

14. 52.214-26 Audit and Records - Sealed MAR 09 Bidding

15. 52.214-27 Price Reduction for Defective OCT 97 Cost or Pricing Data - Modifications - Sealed Bidding

16. 52.214-28 Subcontractor Cost or Pricing OCT 97 Data - Modifications - Sealed Bidding

17. 52.214-29 Order of Precedence - Sealed JAN 86 Bidding

(Clauses 18 through 26 apply to contracts awarded via Negotiation.)

18. 52.215-2 Audit and Records - Negotiation MAR 09

19. 52.215-8 Order of Precedence - Uniform OCT 97

Contract Format

20. 52.215-10 Price Reduction for Defective OCT 97

Cost or Pricing Data

21. 52.215-12 Subcontractor Cost or Pricing OCT 97

Data

22. 52.215-15 Pension Adjustment and Asset DEC 98

Reversions

23. 52.215-16 Facilities Capital Cost of Money JUN 03

24. 52.215-17 Waiver of Facilities Capital OCT 97

Cost of Money

25. 52.215-18 Reversion or Adjustment of Plans JUL 05 for Post-Retirement Benefits (PRB) other than Pensions

26. 52.215-19 Notification of Ownership Changes OCT 97

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27. 52.219-8 Utilization of Small Business MAY 04

Concerns

28. 52.219-9 Small Business Subcontracting APR 08

Plan [Alternate I (OCT 01) applies to Sealed Bidding]

29. 52.219-16 Liquidated Damages - JAN 99 Subcontracting Plan

NUMBER TITLE DATE

30. 52.219-28 Post-Award Small Business Program APR 09 Re-representation

31. 52.222-1 Notice to the Government of Labor FEB 97 Disputes

32. 52.222-3 Convict Labor JUN 03

33. 52.222-4 Contract Work Hours and Safety JUL 05

Standards Act - Overtime Compensation

34. 52.222-21 Prohibition of Segregated FEB 99 Facilities

35. 52.222-26 Equal Opportunity MAR 07

36. 52.222-36 Affirmative Action for Workers JUN 98 with Disabilities

37. 52.222-35 Equal Opportunity for Special SEP 06

Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

38. 52.222-37 Employment Reports on Special SEP 06 Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

39. 52.222-39 Notification of Employee Rights DEC 04 Concerning Payment of Union Dues Or Fees

40. 52.222-50 Combating Trafficking in Persons FEB 09

41. (DELETED)

42. 52.223-3 Hazardous Material Identification JAN 97 and Material Safety Data

- Alternate I (JUL 95)

43. 52.223-5 Pollution Prevention & Right-to- AUG 03 Know Information

44. 52.223-6 Drug-Free Workplace MAY 01

45. 52.223-10 Waste Reduction Program AUG 00

46. 52.223-11 Ozone Depleting Substances MAY 01

47. 52.223-12 Refrigeration Equipment and Air MAY 95

Conditioners

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48. 52.223-14 Toxic Chemical Release Reporting AUG 03 (Applies to competitively awarded contracts exceeding $100,000)

49. 52.225-1 Buy American Act – Supplies FEB 09 (Applies to contracts <$25,000 or to small business set-asides of any dollar value)

50. 52.225-3 Buy American Act – Free Trade FEB 09 Agreements - Israeli Trade Act (Applies to contracts of $25,000 or more, but less than $194,000, unless set-aside for small business)

NUMBER TITLE DATE

51. 52.225-5 Trade Agreements (Applies to MAR 09 contracts of $194,000 or more unless set-aside for small business)

52. 52.225-13 Restrictions on Certain Foreign JUN 08 Purchases

53. 52.227-1 Authorization and Consent DEC 07

54. 52.227-2 Notice and Assistance Regarding DEC 07

Patent and Copyright Infringement

55. 52.227-3 Patent Indemnity APR 84

56. 52.228-5 Insurance - Work on a Government JAN 97

Installation

57. 52.229-3 Federal, State and Local Taxes APR 03

(Applies to competitive awards)

58. 52.229-4 Federal, State and Local Taxes APR 03

(State and Local Adjustments) (Applies to non-competitive awards)

(Clauses 59 through 61 do not apply to any of the following:

contracts awarded via sealed bidding; contracts and subcontracts awarded to small business concerns; contracts and subcontracts of $650,000 or less; firm fixed-price contracts awarded on the basis of adequate price competition without the submission of cost or pricing data; any other contract or subcontract exempted by FAR Appendix 9903.201-1.)

59. 52.230-2 Cost Accounting Standards OCT 08

60. 52.230-3 Disclosure and Consistency of OCT 08

Cost Accounting Practices

61. 52.230-6 Administration of Cost Accounting MAR 08

Standards

62. 52.232-1 Payments APR 84

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63. 52.232-8 Discounts for Prompt Payment FEB 02

64. 52.232-11 Extras APR 84

65. 52.232-17 Interest OCT 08

66. 52.232-23 Assignment of Claims JAN 86

67. 52.232-25 Prompt Payment OCT 08

68. 52.232-33 Payment by Electronic Funds OCT 03

Transfer – Central Contractor Registration

69. 52.233-1 Disputes – JUL 02 Alternate I (DEC 91)

70. 52.233-3 Protest After Award AUG 96

71. 52.233-4 Applicable Law for Breach of OCT 04

Contract Claim

72. 52.236-13 Accident Prevention NOV 91

NUMBER TITLE DATE

73. 52.237-2 Protection of Government APR 84 Buildings, Equipment, and Vegetation

74. 52.242-13 Bankruptcy JUL 95

75. 52.243-1 Changes-Fixed Price – AUG 87

Alternate I (APR 84)

76. 52.244-6 Subcontracts for Commercial Items MAR 09

77. 52.246-25 Limitation of Liability - Services FEB 97

78. 52.248-1 Value Engineering FEB 00

79. 52.249-4 Termination for the Convenience APR 84 of the Government (Services) (Short Form)

80. 52.249-8 Default (Fixed Price Supply APR 84 and Service)

81. 52.253-1 Computer Generated Forms JAN 91

B. GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION

(GSAR) CLAUSES:

NUMBER TITLE DATE

1. 552.203-71 Restriction on Advertising SEP 99

2. 552.215-70 Examination of Records by GSA FEB 96

3. 552.228-70 Workers' Compensation Laws SEP 99

4. 552.232-73 Availability of Funds SEP 99

5. 552.237-71 Qualifications of Employees MAY 89

6. 552.243-70 Pricing of Adjustments APR 89

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II. CLAUSES INCORPORATED IN FULL TEXT: The complete text of the contract clauses listed below is provided in this Section.

These clauses are incorporated in full text because they contain approved Deviations to Federal Acquisition Regulation (FAR) language; contain information specific to GSA Region 3 procurements;

or are otherwise unsuitable for incorporation by reference.

A. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

NUMBER TITLE DATE

1. 52.211-1 Availability of Specifications AUG 98 Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29

NUMBER TITLE DATE

2. 52.223-2 Affirmative Procurement of DEC 07 Biobased Products Under Service And Construction Contracts

3. 52.223-9 Estimate of Percentage of MAY 08 Recovered Materials Content for EPA-Designated Products – Alternate I (MAY 2008)

4. 52.223-5 Energy Efficiency in Energy- DEC 07 Consuming Products

5. 52.223-17 Affirmative Procurement of EPA- MAY 08 Designated Items in Service and Construction Contracts

6. 52.233-2 Service of Protest SEP 06

B. GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION

(GSAR) CLAUSES:

NUMBER TITLE DATE

1. 552.252-6 Authorized Deviations in SEP 99 Clauses (DEVIATION FAR 52.252-6)

2. 552.232-78 Payment Information JUL 00

FULL TEXT OF FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

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1. FAR 52.211-1, AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA

INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS, FPMR 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L’Enfant Plaza SW, Washington DC 20407.

Telephone (202) 619-8925 Facsimile (202) 619-8978

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee. (End of provision)

2. FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (DEC 2007)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless---

(1) The product cannot be acquired---

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 2902.10 et seq.). For example, some USDA-designated items such as mobile equipment hydraulic fluids, diesel fuel additives, and penetrating lubricants are excluded from the preferred procurement requirement for the application of the USDA-designated item to one or both of the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or a system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.usda.gov/biopreferred. (End of clause)

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3. FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA-DESIGNATED PRODUCTS (MAY 2008) – ALT I (MAY 2008)

(a) Definitions. As used in this clause – “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item.

Postconsumer material is a part of the broader category of “recovered material”.

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 962(I)(2)(C)):

CERTIFICATION

I, _____________________________________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

Signature of the Officer or Employee

Typed Name of the Officer or Employee

Title

Name of Company, Firm or Organization

Date

(c) The Contractor, on completion of this contract, shall –

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to the Contracting Officer:

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ESTIMATE

EPA

designated item

Total dollar value of EPA designated item

Percentage of recovered material content*

*Where applicable, also include the percentage of post consumer material content. (End of clause)

4. FAR 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS

(DEC 2007)

(a) Definition. As used in this clause--- “Energy-efficient product”---

(1) Means a product that---

(i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or

(ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy’s Federal Energy Management Program.

(2) The term “product” does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C. 8259b).

(b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR® products or FEMP-designated products) at the time of contract award, for products that are---

(1) Delivered;

(2) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(3) Furnished by the Contractor for use by the Government; or

(4) Specified in the design of a building or work, or incorporated during its construction, renovation or maintenance.

(c) The requirements of paragraph (b) apply to the Contractor

(including any subcontractor) unless---

(1) The energy-consuming product is not listed in the ENERGY

STAR® Program or FEMP; or

(2) Otherwise approved in writing by the Contracting Officer.

(d) Information about these products is available for---

(1) ENERGY STAR® at http://www.energystar.gov/products;and

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(2) FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html.

(End of clause)

5. FAR 52.223-17, AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS

IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired---

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s

Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm. (End of clause)

6. FAR 52.233-2, SERVICE OF PROTEST (SEP 2006).

(a) Protests, as defined in Section 33.101 of the Federal

Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

General Services Administration, Region 3 Attn: (Insert Contracting Officer’s Name) 20 N. 8th Street, Philadelphia, PA 19107

(b) The copy of any protest shall be received in the offices designated above within one day of filing a protest with the GAO.

(End of provision)

FULL TEXT OF GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION

(GSAR) CLAUSES:

1. GSAR 552.252-6, AUTHORIZED DEVIATIONS IN CLAUSES (SEP 99)

(DEVIATION FAR 52.252-6)

(a) Deviations to FAR Clauses. (1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of

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"(DEVIATION)" after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of "(DEVIATION (FAR clause no.))" after the date of the clause.

(b) Deviations to GSAR Clauses. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of "(DEVIATION)" after the date of the clause.

(c) "Substantially the same as" clauses. Changes in wording of clauses prescribed for use on a "substantially the same as” basis are not considered deviations. (End of clause)

2. GSAR 552.232-78 PAYMENT INFORMATION (JUL 2000)

The General Services Administration (GSA) makes information on contract payments available electronically at http://www.finance.gsa.gov. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies. (End of clause)

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SERVICE CONTRACT ACT OF 1965, AS AMENDED

AND

STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

FAR 52.222-41 - SERVICE CONTRACT ACT OF 1965, AS AMENDED (JUL 2005)

(a) Definitions. "Act," as used in this clause, means the Service Contract Act of 1965, as amended (41 U.S.C. 351, et seq).

"Contractor," as used in this clause or in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Government Prime Contractor."

"Service employee," as used in this clause, means any person engaged in the performance of this clauses 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 contract, 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 shallbe 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 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 of the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment

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Standards Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

(iv) (A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon.

Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits 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 in 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

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(v) The wage rate and fringe benefits finally determined under this subparagraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract.

(vi) Upon discovery of failure to comply with subparagraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of Compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less 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 of determined under subparagraph (c)(2) of this clause by furnishing 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 1983. 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 5.1b(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

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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 Board of Service Contract Appeals, 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 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

Do not remove this notice Properly destroy documents when no longer needed 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 he 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 or 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. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost.

(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act.

(m) Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the

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Contracting Officer, together with full information as to the application and accrual of such wages and fringes benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof.

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

(o) Rulings and Interpretations. Rulings and interpretations of the Act are contained in Regulations, 29 CFR Part 4.

(p) Contractor's Certification. (1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it (nor he or she) nor any person of firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the Act.

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under section 5 of the Act.

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

(q) Variations, Tolerances, and Exemptions Involving Employment.

Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business.

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

(2) The Administrator will issue certificates under the Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of

Do not remove this notice Properly destroy documents when no longer needed sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).

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

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

(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of thee Act, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this provision--

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

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

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

(4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act.

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

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(End of clause)

FAR 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

_________________See Next Page_____________________________

(End of Clause)

Continuation of clause FAR 52.222-42

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STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

HOURLY % OF BASIC HOURLY RATE

EMPLOYEE CLASS MONETARY WAGE AS FRINGE BENEFITS

Elevator Mechanic $26.83 Retirement 24.7% Elevator Mechanic’s Helper $20.16 Health Ins 3.5%

Life Ins .5%

SICK LEAVE REQUIRED BY LAW:

13 days of sick leave per year

PAID HOLIDAYS PROVIDED BY LAW:

New Year's Day Independence Day Veterans Day Martin Luther King's Birthday Labor Day Thanksgiving Day Washington's Birthday Columbus Day Christmas Day Memorial Day

VACATIONS OR PAID LEAVE AS REQUIRED BY LAW:

(1) 2 hours of annual leave each week for an employee with less than three years of service.

(2) 3 hours of annual leave each week for an employee with three but less than 15 years of service.

(3) 4 hours of annual leave each week for an employee with 15 or more years of service.

WAGE DETERMINATION:

Bidders are advised that the various classes of service employees who will be employed in the performance of the contract awarded under this Invitation for Bid/Request for Proposal must be paid the minimum monetary wage and shall be furnished fringe benefits shown on the attached Wage Determination No. CBA-2009-2815.

This determination was issued under the provisions of the McNamara- O'Hara Service Contract Act (79 Stat. 1034), and in accordance with Part 4-3 of 29 CFR Part 4.

THYSSENKRUPP ELEVATOR CORPORATION AGREEMENT

WITH

INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS

July 9, 2007 to July 8, 2012

Whenever any words are used in this Agreement in the masculine gender they shall be construed as though they are also used in the feminine gender or neuter gender in all situations where they would so apply.

INDEX

ARTICLE

I Parties to the Agreement

II Recognition Clause

III Membership Requirements

IV Work Jurisdiction

IV (A) Systems, Modular and Industrial Structure

V Wages

VI Holidays

VII Construction Work

VIII Repair Work

VIII (A) Modernization Work

IX Contract Service

X Designation of Helpers Work and Qualifications

XI System of Payment

XII Vacations

XIII Traveling Time and Expenses

XIV Strikes and Lockouts

XV Arbitration

XVI Jurisdictional Territory

XVII Health Benefit Plan

XVIII Pension Plan

XVIII (A) 401(k) Annuity

XIX Educational Fund

XX Elevator Industry Work Preservation Fund

XXI Payment for Lost or Stolen Tools

XXI (A) Metric Tools

XXII Hiring, Layoffs and Transfers

XXIII Scope and Terms of Agreement

XXIV Re - Opening Clause

XXV Termination of Agreement

XXVI Local Option

XXVII Reporting Time, Subpoenaed Witnesses, Uniforms

Appendix A Decisions of the Joint Industry Committee

Letters of Agreement

Substance Abuse

ARTICLE I

Parties to the Agreement

This Agreement, made by and between the ThyssenKrupp Elevator Corporation (hereinafter referred to as “THYSSENKRUPP”) and the INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS (hereinafter referred to as "IUEC" or the "Union"), for the purpose of establishing harmonious relations and facilitating peaceful adjustment of wage schedules and working conditions. The INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS makes this Agreement for and on behalf of its affiliated local unions and a list of the local unions for which the International negotiates and executes this Agreement is attached hereto and made a part hereof. THYSSENKRUPP makes this Agreement for and on behalf of its employer members (hereinafter referred to individually as the “Company” or the “Employer”), and a list of the Employers for which THYSSENKRUPP negotiates and executes this Agreement is attached hereto and made a part hereof.

ARTICLE II

Recognition Clause

Par. 1 The Union claims and the Employer acknowledges and agrees that the Union has supplied proof that a majority of its Elevator Constructor Mechanics, Elevator Constructor Helpers and Elevator Constructor Apprentices have authorized the Union to represent them in collective bargaining with the Employer.

The Employer recognizes the Union as the exclusive Section 9(a) bargaining representative for all Elevator Constructor Mechanics and Elevator Constructor Helpers and Elevator Constructor Apprentices (hereinafter referred to sometimes as "Mechanics, Helpers and Apprentices") in the employ of the Employers engaged in the installation, repair, modernization, maintenance and servicing of all equipment referred to in Article IV, Par. 2 and Article IV (A).

Par. 2 The Union recognizes that it is the responsibility of the Company in the interest of the purchaser, the Company and its employees to maintain the highest degree of operating efficiency and to continue technical development to obtain better quality, reliability, and cost of its product provided, however, that this provision is not intended to affect the work jurisdiction specified in Article IV and other Articles of the Agreement.

ARTICLE III

Membership Requirements

Par. 1 All Mechanics, Helpers and Apprentices covered by this Agreement shall, as a condition of employment obtain and maintain membership in a local union of the International Union of Elevator Constructors on and after the thirtieth (30th) day following the beginning of their employment or the date this Article becomes effective, whichever is later.

Par. 2 The Company shall be obligated under this Article,…