HSFE20-17-R-0006_A00003_Questions_and_Answers_3.pdf

HSFE20-17-R-0006

CDP COBRATF FOMS

Questions and Answers # 3

1. The second Q&A states, “ALL “hourly rated employees” are subject to the policies and rates of the CBA.” However, Appendices A and D of the CBA include only a limited number of labor categories. Offerors’ unique solutions may require additional non-exempt personnel, such as clerical or administrative personnel, who cannot reasonably be mapped to a Stationary Engineer labor category. Additionally, it is our understanding that some non-exempt personnel on the current contract are not covered by the CBA. How should these personnel be treated in the price proposal?

The only Wage Determination that applies to this procurement is WD # 2017-0264, Rev. 1, which states that employees are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement. The CBA states:

All hourly rated employees employed by the Company at the Center for Domestic Preparedness – COBRA Training Facility in Anniston, AL EXCLUDING confidential secretaries, supervisors, and management personnel as defined in the National Labor Relations Act for the purpose of collective bargaining with respect to wages, hours of work, and other conditions of employment of employees in the bargaining unit as herein defined.

While the CBA does not specifically provide a job description for clerical or administrative personnel, if the position is considered non-exempt, their wage rate would still fall under the CBA wage scale. This solicitation and resulting contract are bound to the terms of this CBA. However, the successful offeror will negotiate a new CBA with the union, and may consider adding or changing the job descriptions or wage scale. That negotiation is solely between the contractor and the union. The Government has no part in it.

Either way, for the purposes of this procurement ALL non-exempt employee wages and benefits must meet the requirements of the CBA. If the position is exempt from the CBA, it would also be exempt from any other Dept. of Labor SCA wage determination.

Additionally, with regards to the Service Contract Labor Standards, the FAR states:

52.222-41 Service Contract Labor Standards.

(a) Definitions. As used in this clause—

“Contractor,” when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term “Government Prime Contractor.”

“Service employee” means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

Based on all the above, it’s clear that confidential secretaries, supervisors, and management personnel are excluded by the CBA, while persons employed in a bona fide executive, administrative or professional capacity are excluded from the SCA. It is at the offeror’s discretion, but “clerical or administrative personnel” could be excluded from any Wage Determination if it falls into one of those excluded positions.

If there is an incumbent contractor employee currently working in an administrative position, that employee is exempt from the CBA because the position is tied to management support. Since the employee is exempt from the CBA, no other Wage Determination is being applied to that employee.

2. Answer to question: “The FOSS contractor will be responsible for regular trash and recycle bins for plastic bottles, aluminum.”

Clarification to answer: Who is the FOSS contractor?

The CDP Facility Operations and Support Services contractor, currently HME (HSFE20-15-C-0001) provides custodial services for the COBRATF, as well as the rest of CDP. The PWS was revised to clarify the recycling requirements.

3. Answer to question: “To be decided and proposed by the offeror. If the person proposed for the position(s) is considered qualified IAW the PWS requirements for that/those position(s), then it may be possible for one person to perform two functions such as Deputy/Safety or Quality/Safety.

Clarification to answer: PWS item 2.5.2.3 Qualification for Quality Manager actually states, “The QM shall not have any other duties in addition to Quality.” Please clarify if the Quality Manager can perform multiple function or only Quality functions.

That line has been deleted from the Quality Manager qualifications. The PWS was revised to clarify the Quality Manager qualifications.