RFQ_HSIGAQ-15-R-00003.pdf

U.S. Department of Homeland

Security

Washington, DC 20528

TO: Prospective Offerors

SUBJECT: REQUEST FOR TECHNICAL AND COST PROPOSAL – ADMINISTRATIVE/FRONT

DESK SUPPORT SERVICES FOR THE DEPARTMENT OF HOMELAND SECURITY

(DHS) OFFICE OF INSPECTOR GENERAL (OIG); REQUEST FOR PROPOSAL

(RFP) # HSIGAQ-15-R-00003

DATE: May 18, 2016

The Department of Homeland Security is considering issuing a Task Order to provide Clerical and

Administrative support services in support of the Office of Inspector General (OIG). The proposed

Task Order will provide support services in support of the OIG mission.

Positions under this task order are subject to FAR 52.222-17, Nondisplacement of Qualified Workers and

52.222-17, Service Contract Labor Standards and the associated Wage Determination.

The OIG intends to acquire these services by competing amongst qualified vendors using 15.101-1

Tradeoff Process source selection process. DHS OIG anticipates award in June 2016. DHS anticipates that this will be a Time & Materials task order.

Responses are due by June 3, 2016 at 4 pm EST. There will be no exceptions to the time and date on which responses are due, unless determined otherwise by the Government. Quoters are limited to no more than a total of thirty (30) pages for your technical proposal. A complete cost proposal must be submitted, with no page restrictions. Proposals shall be single sided pages (8-1/2 x 11 with 1” margins on all four sides) typed in no less than 12-point type. Failure to fully adhere to the prescribed format may result in your firm’s disqualification from the competition.

All “Staffing Plan” and “Technical Capability” information shall be confined to the technical proposal.

Cost and Price shall be confined to the Pricing proposal. These shall be separate documents in order to facilitate independent evaluation.

Your response, technical and pricing, should be forwarded electronically to the Contracting Officer (CO) no later than the date specified above. When responding, please include “Clerical and Administrative

Support Services for the Department of Homeland Security (DHS) Office of Inspector General (OIG)” on the subject line. The various tasks to be performed are outlined in the attached Statement of Work

(SOW). Any questions must be submitted in writing by May 26, 2016, at noon EST, via email to the CO.

This contract will be for a base period of twelve (12) months with four (4) Option Periods consisting of twelve (12) months each.

TABLE OF CONTENTS

I. Instructions To Offerors……………………………………….………..3

II. Evaluation Factors for Award…………………………………………..6

III. Attachment 1: Statement of Work ……………….…….. ……………..11

Clauses………………………………………………… ………………14

IV. Attachment 2: Position Descriptions …..………………………….…...27

V. Attachment 3: Contract Pricing Matrix …………………….……….….28

VI. Attachment 4: Performance Information Questionnaire …………….…29

VII. Attachment 5: Pricing Model…………….……………………………..30

INSTRUCTION TO OFFERORS

1.0 Introduction

Each Offeror is requested to submit a Proposal (via a single email) to include one PDF document with

Volume I, II and III. Volume IV shall include a breakout of labor rates, as identified by the Government in Attachments 3 and 5. The electronic version of your Proposal shall be submitted to the CO, Willie

Lindsey at Willie.Lindsey@OIG.DHS.GOV no later than June 3, 2016 at 4 pm EST. Late submissions will not be considered.

2.0 General Quotation Preparation Instructions

The Proposal shall clearly demonstrate the Quoter's understanding of the overall and specific requirements of the Statement of Work (SOW), see Attachment 1, and convey the Quoter’s capabilities for transforming their understanding into accomplishments for performing the requirements.

Information requested herein shall be furnished in writing fully and completely in compliance with instructions. The information requested and the manner of submittal is essential to permit prompt evaluation of all Proposals on a fair and uniform basis. Simple statements of compliance (i.e., “understood”; “will comply”) without the detailed description of how compliance will be met may not be considered sufficient evidence that the proposed services can technically meet the requirements of this

RFP. Accordingly, any Proposal in which material information requested is not furnished, or where indirect or incomplete answers or information are provided may be considered not acceptable for evaluation, or may lead to a lower technical evaluation.

Changes to the Proposal by the Quoter shall be accomplished by amended page(s). Any changes from the original page shall be indicated by a vertical line, adjacent to the change, on the outside right margin of the page. The Quoter shall include the date of the change on the lower right edge of the page. Proposal changes will be allowed only prior to the due date for Proposals.

The CO will provide timely notification to the unsuccessful Quoters. At the request of the unsuccessful

Quoter, information will be provided on an award that was based on factors other than price alone and will be provided a brief explanation of the basis of award decision.

3.0 Quotation Preparation Costs

The Government will not pay any costs incurred by any Quoter in the preparation and submission of a quotation in response to this RFP.

4.0 Quotation Content and Submission Instructions

4.1 Quotation Content

Each Quoter shall submit a quotation, which consists of four (4) volumes, as described below:

Volume Factor Title Page Limitation

I. 1 Technical Capability Fifteen (15)

II. 2 Staffing Plan Fifteen (15)

III. 3 Past Performance No Limit

IV. 4 Price No Limit

Information contained in each volume shall be completed to the extent that evaluation of one volume may be accomplished independently of, and concurrently with, evaluation of the other.

In order for the technical quotation to be evaluated strictly on the merit of the material submitted

NO PRICE INFORMATION IS TO BE INCLUDED IN VOLUME I, II or III.

Proposals shall be single sided pages (8-1/2 x 11 with 1” margins on all four sides) typed in no less than 12-point type. Failure to fully adhere to the prescribed format may result in your firm’s disqualification from the competition.

Volume I: Technical Capability

The Technical Capability Factor assesses the ability of the Quoter to effectively demonstrate the knowledge, understanding, and technical ability to meet the requirements in the Statement of

Work (SOW).

Volume II: Staffing Plan

The Staffing Plan factor assesses the ability of the Quoter to effectively demonstrate their ability to staff this effort, and to recruit and retain qualified staff as it relates to the SOW. The

Government will utilize resumes to evaluate the extent to which the Offeror’s proposed personnel meet the requirements of the labor category. Resumes for all proposed individuals shall be submitted. The Government anticipates individuals with the below skill sets and tasks outlined in the SOW will be evaluated as follows:

Receptionist/Front Desk Clerk

Minimum Education: High School Diploma or GED

General Experience: Two (2) years of experience.

Functional Responsibility: This position greets visitors, determining nature of visits and directing visitors to appropriate persons. The Receptionist may also have other duties such as recording and transmitting messages; keeping records of calls placed;

providing information to callers and visitors; making appointments; keeping a log of visitors; and issuing visitor passes. In this position, one may also work on a computer and perform other routine clerical work that may occupy the major portion of the worker's time.

Volume III: Past Performance

The Past Performance Factor will assess the quality of work indicated by the Offeror’s past performance. This assessment will consider the Offerors projects that are similar in size, scope, technical difficulty, and complexity to the requirement being competed. In addition, the assessment will consider the quality of services, timeliness of performance, cost control, business relations, and customer satisfaction. In evaluating past performance, the evaluators will take into consideration the relevant experience and past performance assessments from the Offeror's customers. However, the evaluators reserve the right to use other past performance information it obtains through other sources including other agency databases.

Volume IV: Price

The Quoter shall prepare a Price Quotation that contains all information necessary to evaluate the prices and/or discounts proposed by the Quoter. The Price Quotation shall consist of fully burdened hourly rates with discounts. There are NO page limitations for Volume IV (i.e., the price Quotation, and supporting narrative information).

EVALUATION FACTORS FOR AWARD

1.0 BASIS FOR AWARD

The basis for award will be best value continuum in accordance with FAR 15.101-1. Evaluation will be conducted and selection will be made in accordance with the guidelines provided in the

Federal Acquisition Regulation (FAR), and this RFP. Award will be made to the Quoter whose quotation represents the best value to the Government, price and other factors considered.

2.0 Evaluation Process

The OIG will perform a technical and price evaluation, based on the Quoters written Technical

Capability, Staffing Plan and Past Performance (Volume I, II & III) and Price Information

(Volume IV), to assess the best value to the Government. DHS OIG will compare the prices competitively offered, taking into account any discounts offered, and also comparing the offer and value of the proposing companies. Quoters are not allowed to deviate from the labor categories and hours identified by the Government in Attachment 3 to this RFP.

The determination of best value will be made by comparing the results of the Technical

Evaluation with the prices proposed for the Contract. In making this comparison, the

Government has determined that the non-price factors are more important than price. However, the Government will not make an award at a significantly higher overall price to achieve only slightly better performance capabilities.

Quoters are cautioned to ensure that their quotations are complete, address all requirements, are reflective of the evaluation factors and are submitted on the most favorable terms to reflect their best quotation.

3.0 Award on Initial Quotations

The Government may award without conducting exchanges; however, the CO reserves the right to hold exchanges with Quoters based on the content of their individual quotations.

Accordingly, each initial quotation should be submitted on the most favorable price and technical terms that the Quoter can submit to the Government.

4.0 Evaluation Factors

A single award Contract will be made to the responsible quoter submitting an overall quotation that is determined most advantageous to the Government, price and non-price factors considered.

The Government will evaluate each quotation using the following evaluation factors listed below. The non-price-related factors of Technical Capability and Staffing Plan are equal and of more importance than Past Performance. The non-price-related factors are of more importance than price.

Non-Price Related Factors:

Technical Capability

Staffing Plan

Past Performance

Price Factor:

Price

4.1 Technical Capability

The Technical Capability Factor assesses the ability of the Quoter to effectively demonstrate the knowledge, understanding, and technical ability to meet the requirements in the Statement of

Work (SOW).

4.2 Staffing Plan

The Staffing Plan factor assesses the ability of the Quoter to effectively demonstrate their ability to staff this effort, and to recruit and retain qualified staff as it relates to the SOW. The

Government will utilize resumes to evaluate the extent to which the Offeror’s proposed personnel meet the requirements of the labor category. Resumes for all proposed individuals shall be submitted. The Government anticipates individuals with the below skill sets and tasks outlined in the SOW will be evaluated as follows:

duties such as recording and transmitting messages; keeping records of calls placed;

providing information to callers and visitors; making appointments; keeping a log of visitors; and issuing visitor passes. In this position, one may also work on a computer and

4.3 Past Performance

The Vendor’s Past Performance will be evaluated for its quality and evidence of the extent to which the vendor can achieve the stated objectives expressed in the Statement of Work (SOW).

The evaluation will include an assessment of the vendor’s experience with performing projects of a similar size, scope, and complexity as proven by the successful management of contracts of a similar size, scope and complexity. The evaluation will include an assessment of the vendor’s past performance of projects based upon customer satisfaction with the services provided on past or current projects.

The Vendor must provide at least three (3) examples of relevant past performance experience within the last five (5) years in providing services similar to those specified in the Statement of

Work (SOW); provide a concise summary of your organization’s experience; a description of your present and on-going contracts that have a direct relationship to this SOW/requirement. The

Government will evaluate relevant past performance of each vendor. Relevant is defined as work similar in complexity and magnitude to the work identified in the SOW. Please include the following information:

PAST PERFORMANCE INFORMATION

• Contract Number or Identifier

• Name and Address of Government Agency or

Commercial Contracting Activity

• Name of Point of Contact (POC)

• POC Position or Job Title

• POC Telephone Number

• POC Fax

• POC Email

• Contract Type

• Award Date

• Completion Date

• Awarded Price/Cost

• Final Price/Cost

• Description of Work Performed

A Past Performance Information Questionnaire has been included with this solicitation as

Attachment 4. Quoters shall forward the Past Performance Questionnaire, Attachment 4, to quoterr's references. The references shall forward their completed questionnaires directly to the

Contracting Officer, NOT BACK TO THE OFFEROR. This document shall be submitted in adobe PDF format to the Contracting Officer. The questionnaires shall be delivered via email directly from the offeror's references to willie.lindsey@OIG.DHS.GOV NLT 4:00 pm EST, on

June 3, 2016.

The Government reserves the right to use publicly available reports and data from the Past

Performance Information Retrieval System (PPIRS) found on the web at http://www.ppirs.gov.

mailto:willie.lindsey@OIG.DHS.GOV http://www.ppirs.gov/

The Government may also use present and/or past performance data obtained from a variety of sources, not just those contracts identified by quoters.

NOTE: While the technical proposal must not contain any reference to cost, resource information

(such as data concerning labor hours and categories, materials, subcontracts, etc.) must be provided so that the contractor's understanding of the requirements may be evaluated.

Quoter without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably, but will instead receive an overall past performance rating of “neutral.”

4.4 Price Factor (including Discount Terms)

Price will not be rated but will be evaluated with respect to completeness based on information submitted in the Quoter’s price quotation. The Government’s price evaluation will consist of:

1. The price evaluation will assess the accuracy and completeness for the quotation. This process will involve verification that prices and/or discounts are included, figures are correctly calculated, and prices are presented in the adequate format.

In the event that two or more quotations are determined not to have any substantial technical differences (i.e., are technically equivalent), award may be made to the lower priced quotation.

Award may be made to other than the Quoter that submitted the lowest priced quotation if the

Government determines that a price premium is warranted due to technical merit. The

Government may also award to other than the highest technically rated quotation, if the

Government determines that a price premium is not warranted.

4.5 Technical Capability and Staffing Plan Ratings

Factor 1 Technical Capability and Factor 2 Staffing Plan: the following evaluation ratings and corresponding definitions apply:

Adjectival

Rating Technical Quotation

Outstanding The Quoter’s proposed services demonstrate the knowledge, understanding, and technical abilities, when implemented, are expected to result in superior achievement of the Government’s objectives with minimal risk. An

“Outstanding” rating indicates that the quotation contains advantages that will benefit the Government. Disadvantages, if any, are of small impact.

Good The Quoter’s proposed services demonstrate the knowledge, understanding, and technical abilities, when implemented, are expected to result in full achievement of the Government’s objectives with minimal risk. A “Good”

Factor 3 (Past Performance): the following evaluation ratings and corresponding definitions apply:

rating indicates that the quotation contains advantages and few disadvantages.

Acceptable The Quoter’s proposed services demonstrate the knowledge, understanding, and technical abilities, when implemented, introduce moderate risk but are considered likely to produce performance results meeting the Government’s objectives. An “Acceptable” rating indicates that the proposed solution contains a number of advantages, but also some disadvantages.

Unacceptable

The Quoter’s proposed services demonstrate the knowledge, understanding, and technical abilities, when implemented, would introduce excessive risk, making it highly unlikely that performance would meet the Government’s objectives. An “Unacceptable” rating indicates that the disadvantages of the proposed solutions significantly exceed any advantages.

Outstanding Based on a quoter’s past performance record, essentially no doubt exists that the Quoter will successfully perform the required effort.

Good Based on a quoter’s past performance record, some doubt exists that the

Quoter will successfully perform the required effort.

Satisfactory Based on a quoter’s past performance record, doubt exists that the Quoter will successfully perform the required effort.

Unsatisfactory Based on a quoter’s past performance record, extreme doubt exists that the

Quoter will successfully perform the required effort.

Neutral

No relevant performance record is identifiable upon which to base a meaningful performance rating. A search was unable to identify any relevant past performance information for the quoter’s key team members or their key personnel. This is neither a negative or positive assessment.

ATTACHMENT 1

DEPARTMENT OF HOMELAND SECURITY (DHS)

OFFICE OF INSPECTOR GENERAL (OIG)

STATEMENT OF WORK (SOW)

FOR

CLERICAL AND ADMINISTRATIVE ASSISTANT SUPPORT SERVICES

Background

The Office of Inspector General (OIG) is an independent component of the Department of

Homeland Security (DHS). We are responsible for promoting economy, efficiency, and effectiveness within the Department, and for preventing and detecting fraud, waste and abuse in the Department’s programs and operations. Specifically, our responsibilities are cited under the

Inspector General Act of 1978, amended, and we are directed to:

Conduct and supervise audits, inspections, and investigations relating to the programs and operations of the Department; provide leadership and coordination and recommend actions for the Department to take (a) to promote economy, efficiency, and effectiveness in the administration of its programs and operations, and (b) to prevent and detect fraud and abuse; and provide a means for keeping the head of the establishment and the Congress fully and currently informed about issues and improvements relating to the administration of such programs and operations and the necessity for and progress of corrective action.

Objective

The primary goal of this contract is to provide clerical and administrative support services that will enable DHS OIG to accomplish its mission objectives. The contractor shall provide clerical and administrative support personnel to assist DHS OIG in meeting the requirements identified in this Statement of Work (SOW).

Scope of Work

The scope of this effort is to provide DHS OIG with a range of clerical and administrative support services to include, but not limited to, the following:

Front Desk Clerk/Receptionist Support

Administrative Assistance Support

The contractor shall provide personnel and other related services and incidental items necessary to perform the work as defined in this Statement of Work (SOW).

Period of Performance

The estimated period of contract performance will be as follows:

July 18, 2016 through July 17, 2021

Type of Contract

The awarded contract will be a Time & Materials type contract with fixed-price labor rates.

Place of Performance

Department Homeland Security, Office of Inspector General, 12th Floor Reception Desk, 1120

Vermont Avenue, NW, Washington, D.C. 20005.

Hours of Operations

1. Monday through Friday, excluding federal holidays.

a. Front Desk Operations Positions, 8:00 am to 6:00 pm

2. When the front desk clerk/receptionist cannot perform his/her duties, or is on leave of absence, the contractor must notify the COR and provide replacement clerk within two (2) hours.

Personnel

The contractor shall provide a sufficient number of qualified personnel who have sufficient experience, education, training and skills to satisfactorily perform the requirements of this SOW.

Front Desk Operations/Receptionist Position Requirements & Knowledge/Skill Description

1. Knowledge of the organizational functions and procedures to perform duties such as directing phone calls and inquiries to the appropriate office or division for assistance, greet and assist visitors and provide general, non-technical information.

2. Knowledge of rules, procedures, or operations applicable to perform the full range of standard clerical assignments including various routine correspondence, filing, updating and maintaining files/records.

3. Knowledge and skills to operate and adjust various standard office equipment, such as personal computers, printers, copiers, fax machines, scanners, etc. to perform a range of basic office automation support tasks.

4. Knowledge and skills in using basic office software applications (e.g. Word, Excel, Access, Power Point, Outlook, SharePoint, etc.) as well as Internet to create, format, modify, edit, and print a variety of documents in support of office activities.

5. Knowledge of customer service tactics and strategies.

Qualifications/Education & Experience Levels:

Education – High School

Experience – 2 years

Out-Processing

DHS and OIG-issued badges, identification cards, and passes are U.S. Government property to be accounted for, protected, and returned to the OIG. For all Contractor and subcontractor personnel assigned to this contract, the Contractor shall work through the COR to clear all computer systems to which they have access; return all keys, badges, and passes; return all GFE;

and perform "out-processing" procedures to receive a signed endorsement.

Government Furnished Equipment

Position will be issued a government computer.

Limitations of Computer Usage

1. Email Usage (DHS MD 4500.1)

2. Personal Use of Government IT and Non-IT Equipment (DHS MD 4600.1)

3. Use and Operations of Government Computers (DHS MD 4900)

4. Web Services and Information Systems (DHS MD 4400.1)

CLAUSES

The following FAR clauses are incorporated in full text:

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within five (5) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (30) days before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this Contract, including the exercise of any options under this clause, shall not exceed 48 months.

The following DHS clauses are incorporated in full text:

52.222-17 – NONDISPLACEMENT OF QUALIFIED WORKERS (May 2014)

(a) “Service employee”, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term “service employee” includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

(b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified.

(1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work.

(2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=e857b6354f45ccb423f7a777449ed5f8&rgn=div5&view=text&node=29:3.1.1.1.23&idno=29 employment under this contract, to any person prior to having complied fully with this obligation.

(i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days.

(ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee’s qualifications based upon the individual’s education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495.

(iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor’s first date of performance on the contract.

(iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment).

(c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor

Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Labor

Standards statute, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee’s past performance, has failed to perform suitably on the job (see 29 CFR 9.12 (c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions.

(2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small

Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program’s requirements.

http://uscode.house.gov/

(3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment

Opportunity), and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause.

(d)(1) The Contractor shall, not less than 30 days before completion of the Contractor’s performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(3) The Contracting Officer will direct the predecessor Contractor to provide written notice

(Appendix B to 29 CFR chapter 9) to service employees of their possible right to an offer of employment with the successor contractor. Where a significant portion of the predecessor

Contractor’s workforce is not fluent in English, the notice shall be provided in English and the language(s) with which service employees are more familiar. The written notice shall be—

(i) Posted in a conspicuous place at the worksite; or

(ii) Delivered to the service employees individually. If such delivery is via e-mail, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice.

(e)(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2019_13.html#wp1094801 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160021 before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-

41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compliance with this clause for not less than a period of three years from the date the records were created.

(1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made.

(2) A copy of any record that forms the basis for any exemption claimed under this part.

(3) A copy of the service employee list provided to or received from the contracting agency.

(4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee, the period covered by such payment, and the date of payment, and a copy of any receipt form provided by or authorized by the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employee, with the Administrator or an authorized representative within 10 days after payment is made.

(g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause (52.223-1) of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S. Department of Labor, and the service employees under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes to file a complaint, or ask questions concerning this contract clause, to the: Branch of

Government Contracts Enforcement, Wage and Hour Division, U.S. Department of Labor, 200

Constitution Avenue NW, Washington, DC 20210. Contact e-mail: displaced@dol.gov.

(h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s) available for inspection, copying, or transcription upon request.

https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160021 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160021 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168785 mailto:displaced@dol.gov

(i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

(j) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the Contractor may request that the United States, through the Secretary, enter into such litigation to protect the interests of the United States.

(k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other Government contract with the same prime Contractor, such sums as an authorized official of the Department of Labor requests, upon a determination by the

Administrator, the Administrative Law Judge, or the Administrative Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate. If the

Contracting Officer or the Administrator, upon final order of the Secretary, finds that the

Contractor has failed to provide a list of the names of service employees working under the contract, the Contracting Officer may, in his or her discretion, or upon request by the

Administrator, take such action as may be necessary to cause the suspension of the payment of contract funds until such time as the list is provided to the Contracting Officer.

(l) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract, the Contractor shall include a provision that ensures—

(1) That each subcontractor will honor the requirements of paragraphs (b) through (c) of this clause with respect to the service employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor Contractor and its subcontractors;

(2) That the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs (d) and (e) of this clause; and

(3) The recordkeeping requirements of paragraph (f) of this clause.

(End of clause)

52.222-41 – SERVICE CONTRACT LABOR STANDARDS (May 2014)

(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.

(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 shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit

Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees’ authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The

Wage and Hour Division will approve, modify, or disapprove the action or render a final http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard63.html#wp1177073 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard63.html#wp1177073 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 may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair

Labor Standards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this paragraph (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 Service Contract Labor Standards statute and this contract.

(vi) Upon discovery of failure to comply with paragraph (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 often than once every 2 years, under wage determinations issued by the Wage and Hour

Division.

(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph

(c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR

Part 4.

(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor contracts. If this contract succeeds a contract subject to the Service Contract

Labor Standards statute under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary’s authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor’s collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits.