Amendment 0003 Released.pdf
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- Attached to
- De-Ionized Water System and Reverse Osmosis Water System Federal contract opportunity
- Solicitation number
- M6700122Q1007
- Issued by
- United States Marine Corps
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| Amendment 0002 Released.docx | DOCX document | |
| Amendment 0001 Released.docx | DOCX document | |
| M6700122Q1007 Released.docx | DOCX document |
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N6592322SU00016
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
The purpose of this amendment is to further define the government's requirement (PSC/NAICS/CLINs/PWS) and re-open the solicitation. The date of quotes due has been extended to 3:00 PM EST, 17 February 2022, current Wage Determination 2015-5781 has been attached, and FAR clause 52.222-55 by full text has been added. See Summary of Changes for details.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 22
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 14-Feb-2022
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X M6700122Q1007
X 9B. DATED (SEE ITEM 11)
06-Dec-2021
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
14-Feb-2022
CODE
M67001MARINE CORPS FIELD CONTRACTING SYS
ATTN: JOHN HOUNSHELL
PSC BOX 8018 BLDG 159
CHERRY POINT NC 28533
M67001 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
M6700122Q1007
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE
The following have been added by full text:
SERVICE CONTRACT ACT OF 1965
ATTACHMENT - SERVICE CONTRACT ACT OF 1965, WAGE DETERMINATION
In accordance with FAR 52.222-41, this order is subject to the requirements of the Service Contract Labor Standards. Applicable Wage Determination No. 2015-5781 (Rev 13) dated 4 May 2021, which is available at www.wdol.gov is hereby incorporated.
"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
| Wage Determination No.: 2015-5781 Daniel W. Simms Division of | Revision No.: 16 Director Wage Determinations| Date Of Last Revision: 12/27/2021 Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
If the contract is entered into on or after January 30 2022 or the contract is renewed or extended (e.g. an option is exercised) on or after January 30 2022 Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on that contract in 2022.
If the contract was awarded on or between January 1 2015 and January 29 2022 and the contract is not renewed or extended on or after January 30 2022 Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on that contract in 2022.
The applicable Executive Order minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.
State: North Carolina Area: North Carolina Counties of Craven Jones Pamlico
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
23000 - Mechanics And Maintenance And Repair Occupations 23530 - Machinery Maintenance Mechanic 32.51
Note: Executive Order (EO) 13706 Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2017. If this contract is covered by the EO the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness injury or other health-related needs including preventive care; to assist a family member (or person who is like family to the employee) who is ill injured or has other health-related needs including preventive care; or for reasons resulting from or to assist a family member (or person who is like family to the employee) who is the victim of domestic violence sexual assault or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $4.60 per hour up to 40 hours per week or $184.00 per week or $797.33 per month
HEALTH & WELFARE EO 13706: $4.23 per hour up to 40 hours per week or $169.20 per week or $733.20 per month*
*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706 Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 8 years and 4 weeks after 20 years. Length of service includes the whole span of continuous service with the present contractor or successor wherever employed and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day Martin Luther King Jr.'s Birthday Washington's Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: Under the SCA at section 8(b) this wage determination does not apply to any employee who individually qualifies as a bona fide executive administrative or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals (29 C.F.R. 541.
400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.
Additionally because job titles vary widely and change quickly in the computer industry job titles are not determinative of the application of the computer professional exemption. Therefore the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:
(1) The application of systems analysis techniques and procedures including consulting with users to determine hardware software or system functional specifications;
(2) The design development documentation analysis creation testing or modification of computer systems or programs including prototypes based on and related to user or system design specifications;
(3) The design documentation testing creation or modification of computer programs related to machine operating systems; or
(4) A combination of the aforementioned duties the performance of which requires the same level of skills. (29 C.F.R. 541.400).
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).
** HAZARDOUS PAY DIFFERENTIAL **
An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance explosives and incendiary materials. This includes work such as screening blending dying mixing and pressing of sensitive ordnance explosives and pyrotechnic compositions such as lead azide black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization modification renovation demolition and maintenance operations on sensitive ordnance explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with or in close proximity to ordnance (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands face or arms of the employee engaged in the operation irritation of the skin minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All operations involving unloading storage and hauling of ordnance explosive and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance explosives and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract by the employer by the state or local law etc.) the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition where uniform cleaning and maintenance is made the responsibility of the employee all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount or the furnishing of contrary affirmative proof as to the actual cost) reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However in those instances where the uniforms furnished are made of ""wash and wear"" materials may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor by law or by the nature of the work there is no requirement that employees be reimbursed for uniform maintenance costs.
** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the ""Service Contract Act Directory of Occupations"" Fifth Edition (Revision 1) dated September 2015 unless otherwise indicated.
** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE Standard Form 1444 (SF-1444) **
Conformance Process:
The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e. the work to be performed is not performed by any classification listed in the wage determination) be classified by the contractor so as to provide a reasonable relationship (i.e. appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification wage rate and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully 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. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).
2) After contract award the contractor prepares a written report listing in order the proposed classification title(s) a Federal grade equivalency (FGE) for each proposed classification(s) job description(s) and rationale for proposed wage rate(s) including information regarding the agreement or disagreement of the authorized representative of the employees involved or where there is no authorized representative the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report of the action together with the agency's recommendations and pertinent information including the position of the contractor and the employees to the U.S.
Department of Labor Wage and Hour Division for review (See 29 CFR 4.6(b)(2)(ii)).
4) Within 30 days of receipt the Wage and Hour Division approves modifies or disapproves the action via transmittal to the agency contracting officer or notifies the contracting officer that additional time will be required to process the request.
5) The contracting officer transmits the Wage and Hour Division's decision to the contractor.
6) 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 (See 29 CFR 4.6(b)(2)(iii)).
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request the ""Service Contract Act Directory of Occupations"" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember it is not the job title but the required tasks that determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split combine or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1))."
52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER
14026 (JAN 2022)
(a) Definitions. As used in this clause--
"United States" means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).
"Worker"--
(1) (i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and --
(A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);
(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541;
(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.
(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).
(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.
(2)(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and
(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.
(b) Executive Order minimum wage rate.
(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.
(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor Web site), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.
(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.
(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).
Contractors shall consider any subcontractor requests for such price adjustment.
(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.
(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.
(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.
(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.
(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.
(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.
(10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.
(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--
(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.
214(c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.
(2) This clause does not apply to--
(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;
(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--
(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a);
(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b); and
(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).
(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.
(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:
(i) Name, address, and social security number;
(ii) The worker's occupation(s) or classification(s);
(iii) The rate or rates of wages paid;
(iv) The number of daily and weekly hours worked by each worker;
(v) Any deductions made; and
(vi) Total wages paid.
(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.
(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.
(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 23.260 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.
(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.
(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.
(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.
(h) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 23. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.
(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.
(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.
(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.
(End of clause)
SECTION SF 1449 - CONTINUATION SHEET
SOLICITATION/CONTRACT FORM
The standard size code has changed from $30,000,000 to $8,000,000.
The required response date/time has changed from 12-Jan-2022 10:00 AM to 17-Feb-2022 03:00 PM.
SUPPLIES OR SERVICES AND PRICES
Global Changes
CLIN 0001 -- CLIN 4006
The PSC code has changed from S114 to J036.
The NAICS code has changed from 221310 to 811310.
CLIN 0001
The CLIN description has changed from PM of the De-Ionized Water System to Service of the De-Ionized Water System.
The CLIN extended description has changed from:
Full service maintenance on the De-Ionized Water System in accordance with Section 2.1 of the Performance Work Statement.Location: Sermatel BoothBuilding 133Shop: 93112
To:
Full service maintenance on the De-Ionized Water System in accordance with Section 2.1 of the Performance Work Statement.Manufacturer: SermatelProduct: Spray BoothAsset Number: 133-A178Location: Bldg 133Shop:
93112De-Ionized Water SystemManufacturer: TBDProduct: TBDLocation: Bldg 133Shop: 93112
CLIN 0002
The CLIN extended description has changed from:
Exchange 9" Mixed Bed 732 gallon tanks in accordance with Section 2.1 of the Performance Work
Exchange 9" Mixed Bed 732 gallon tanks in accordance with Section 2.1.2.c of the Performance Work Statement.
CLIN 0003
Exchange 9" Strong Base 1810 gallon tanks in accordance with Section 2.1 of the Performance Work
Exchange 9" Strong Base 1810 gallon tanks in accordance with Section 2.1.2.c of the Performance Work Statement.
CLIN 0004
Exchange Carbon tanks in accordance with Section 2.1 of the Performance Work Statement.Location: Sermatel BoothBuilding 133Shop: 93112
Exchange Carbon tanks in accordance with Section 2.1.2.c of the Performance Work Statement.
CLIN 0005
The CLIN description has changed from PM of Reverse Osmosis System to Service of Reverse Osmosis System.
The CLIN extended description has changed from:
Provide monthly service of the Reverse Osmosis Water System in accordance with Section 2.2 of the Performance Work Statement.Location: Water Jet Cleaning CellBuilding: 133Shop: 93202Asset Number: 65923-031447
Provide monthly service of the Reverse Osmosis Water System in accordance with Section 2.2 of the Performance Work Statement.Manufacturer: WaterjetProduct: Cleaning CellAsset Number: 65923031447Location: Bldg 133Shop: 93202Reverse Osmosis Water SystemManufacturer: Mulligan WaterProduct: Water FiltrationAsset Number: N65923X30679Location: Bldg 133Shop: 93202
CLIN 0006
Provide salt in accordance with Section 2.2 of the Performance Work Statement.Location: Water Jet Cleaning CellBuilding: 133Shop: 93202Asset Number: 65923-031447
Provide salt for the Reverse Osmosis Water System in accordance with Section 2.2.2 of the Performance Work Statement.
CLIN 1001
Full service maintenance on the De-Ionized Water System in accordance with Section 2.1 of the Performance Work
Full service maintenance on the De-Ionized Water System in accordance with Section 2.1 of the Performance Work Statement.Manufacturer: SermatelProduct: Spray BoothAsset Number: 133-A178Location: Bldg 133Shop:
CLIN 1002
Exchange 9" Mixed Bed 732 gallon tanks in accordance with Section 2.1.2.c of the Performance Work Statement.
CLIN 1003
Exchange 9" Strong Base 1810 gallon tanks in accordance with Section 2.1.2.c of the Performance Work Statement.
CLIN 1004
Exchange Carbon tanks in accordance with Section 2.1 of the Performance Work Statement.Location: Sermatel
CLIN 1006
Provide salt in accordance with Section 2.2 of the Performance Work Statement.Location: Water Jet Cleaning
Provide salt in accordance with Section 2.2.2 of the Performance Work Statement.
CLIN 2001
Full service maintenance on the De-Ionized Water System in accordance with Section 2.1 of the Performance Work
Full service maintenance on the De-Ionized Water System in accordance with Section 2.1 of the Performance Work Statement.Manufacturer: SermatelProduct: Spray BoothAsset Number: 133-A178Location: Bldg 133Shop:
CLIN 2002
Exchange 9" Mixed Bed 732 gallon tanks in accordance with Section 2.1.2.c of the Performance Work Statement.
CLIN 2003
Exchange 9" Strong Base 1810 gallon tanks in accordance with Section 2.1.2.c of the Performance Work Statement.
CLIN 2004
Exchange Carbon tanks in accordance with Section 2.1 of the Performance Work Statement.Location: Sermatel
CLIN 2006
Provide salt in accordance with Section 2.2 of the Performance Work Statement.Location: Water Jet Cleaning
CLIN 3001
Full service maintenance on the De-Ionized Water System in accordance with Section 2.1 of the Performance Work
Full service maintenance on the De-Ionized Water System in accordance with Section 2.1 of the Performance Work Statement.Manufacturer: SermatelProduct: Spray BoothAsset Number: 133-A178Location: Bldg 133Shop:
CLIN 3002
Exchange 9" Mixed Bed 732 gallon tanks in accordance with Section 2.1.2.c of the Performance Work Statement.
CLIN 3003
Exchange 9" Strong Base 1810 gallon tanks in accordance with Section 2.1.2.c of the Performance Work Statement.
CLIN 3004
Exchange Carbon tanks in accordance with Section 2.1 of the Performance Work Statement.Location: Sermatel
CLIN 3006
Provide salt in accordance with Section 2.2 of the Performance Work Statement.Location: Water Jet Cleaning
CLIN 4001
Full service maintenance on the De-Ionized Water System in accordance with Section 2.1 of the Performance Work
Full service maintenance on the De-Ionized Water System in accordance with Section 2.1 of the Performance Work Statement.Manufacturer: SermatelProduct: Spray BoothAsset Number: 133-A178Location: Bldg 133Shop:
CLIN 4002
Exchange 9" Mixed Bed 732 gallon tanks in accordance with Section 2.1.2.c of the Performance Work Statement.
CLIN 4003
Exchange 9" Strong Base 1810 gallon tanks in accordance with Section 2.1.2.c of the Performance Work Statement.
CLIN 4004
Exchange Carbon tanks in accordance with Section 2.1 of the Performance Work Statement.Location: Sermatel
CLIN 4006
Provide salt in accordance with Section 2.2 of the Performance Work Statement.Location: Water Jet Cleaning
The following have been modified:
ADDENDUM TO FAR 52.212-1
1) Submission of Quote
a) The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 3:00 P.M. (EDT) on 17 February 2022 as indicated on page one (1) of this solicitation. Failure of vendor’s quote to be received prior to the hour and date specified may result in rejection of the quote.
b) Quotes shall be submitted electronically via email cynthia.king@usmc.mil.
c) RFQ Number M6700122Q1007 must be clearly shown in the subject line.
2) Instruction for the Preparation of Quotes: The vendor shall submit the following as part of their quote:
a) Information that demonstrates the vendor’s ability to provide the service in accordance with the requirements of the performance work statement and within the required Period of Performance (POP).
b) Quoted firm-fixed price for each line item shown – for completion of all supplies/services in accordance with the requirements of the Performance Work Statement.
c) Vendor must include unit price and total amount for each line item. Vendor shall quote FOB Destination pricing.
d) Completed SF1449 and/or SF30 to include:
i) Signed/completed SF1449 (To include Blocks 17 and 30(a)-(c)
ii) Signed/completed page 1 of SF30 Amendment (To include Blocks 15(a)-(c)
FAR 52.212-3 (Note that vendor is only required to complete paragraph (e) if they have not completed annual representations and certifications via the System for Award Management (SAM) website.)
e) Past Performance
i) Vendor may submit at least (3) relevant past performance references. Relevant past performance is defined as performance of contracts similar in technical complexity to this requirement. Include the following information for each contract listed:
1. Agency or company name
2. Contract Number (if applicable)
3. Point of Contact name and phone number
4. Brief description of each contract and relevance to this requirement
5. Total contract value
6. Period of Performance
ii) If the vendor has not relevant past performance history, a vendor must affirmatively state that is posses no relevant past performance history.
CONTRACT ADMINISTRATION
1.0 Contract Administration for the Government
a) The following representative of the Contracting Office shall be contacted for contract administration purposes:
Name: Cynthia King Telephone: (252) 466-4066 DSN: 582-4066 Email: cynthia.king@usmc.mil
2.0 Communications
a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.
b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and is signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this contract.
c) A Contracting Officer for the Marine Corps Air Station, Cherry Point, NC, is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding, provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than a designated Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made.
d) The contact information for the Contracting Officer is:
Name: Jennifer Burbage Address: Cherry Point Satellite Contracting Office PSC Box 8018 Bldg. 159, MCAS Cherry Point, NC 28533-0018 Phone: (252) 466-5044 DSN: 582-5044
PERFORMANCE WORK STATEMENT
1.0 Scope
1.1 Preventative maintenance service and tank exchange on one (1) de-ionized water system for a base period and four (4) one-year option periods. This will cover the labor, all parts to maintain the De-Ionized Water System, and the delivery of tanks as needed.
Preventative maintenance service on one (1) reverse osmosis water system for a base period and four (4) one-year option periods. This will cover labor, all parts to maintain the reverse osmosis water system, to include the delivery of routed salt and filters as required.
2.0 Performance Requirements
2.1 De-Ionized Water System
Preventative maintenance service is required for the de-ionized water system to ensure proper operation of the Sermatel Booth by providing an improved water supply.
2.1.2 The equipment shall be maintained in proper working condition. The Contractor shall provide on-site response within 24 hours after notice that services are required. Preventative maintenance service shall consist of the following:
a. The contractor shall be responsible for all maintenance on the system including all parts and labor. Contractor shall check for leaks when replacing tanks, and clean up all water spills.
b. These requirements shall be obtained using a deionizer to remove dissolved solids, with a carbon filter to remove suspended solid particles.
c. The deionization system is installed with quality indicator light to signal the operator to notify the
Maintenance Services Specialist, Marc Spain (252-464-8343) to have tanks changed. There will be approximately four (4) 9” Mixbed – 732 gallon tanks, two (2) sets of 9” Strong Base – 1810 gallon tanks, and two (2) sets of Carbon Tanks exchanged per year.
2.1.3 Point of contact for this contract is 6.3.3 Equipment, Facilities, & Services Specialist, Marc Spain 252-
464-8343, Shop 33200, Building 84, who will notify the contractor when tanks need to be changed out.
The contractor shall check in upon arrive and check out prior to departure with the Equipment and Facilities Services Specialist, Bldg. 84 The contractor shall furnish a signed malfunction/service report to Marc Spain in Bldg. 84, 252-464-8343 upon completion of each maintenance call. The report shall include, as a minimum, the following information:
a. Date and time notified
b. Date and time of arrival
c. Type, Model and Serial Number(s) of equipment
d. Location of machines
e. Description of malfunction(s) and/or condition
f. Identified cause of the malfunction (if applicable)
g. All actions taken to correct the problem, including repair parts replaced or services done to include quantities
h. Date and time of departure
2.2 Reverse Osmosis Water System
Preventative maintenance service is required for the reverse osmosis water system to ensure proper operation of the Waterjet Cleaning Cell by providing an improved water supply.
2.2.1 The contractor shall perform monthly service checks on the system to insure proper performance.
The items listed below shall be included in the monthly service, but is not limited to the items listed:
2.2.1.1 Check water softener
a. Salt tank-replenish salt
b. Perform water test for hardness
2.2.1.2 Check carbon filter.
a. Check time clock-reset if necessary
b. Check Chlorine level
c. Manually backwash carbon for performance check
2.2.1.3 Check 5 micron prefilter
a. Change monthly
2.2.1.4 Check reverse osmosis unit.
a. Check module pressure
b. Perform product water tests to TDS
c. Check product flow rate
d. Check waste flow rate
2.2.1.5 Check for leaks.
a. Equipment
b. Valves
c. Pumps
d. Pressure Tanks
e. Piping
f. Storage Tanks
2.2.1.6 Change filter if necessary
2.2.2 Unit will use an estimated six (6) bags of salt per month. Unit shall be metered and recharged only when necessary. Contractor shall notify the Equipment, Facilities, & Services Specialist, Marc Spain at 252-464-8343, located in the Maintenance Planning Branch, building 84, shop 33200 immediately if the system uses more than the six bags of salt per month. The contractor shall check in upon arrival and check out prior to departure with the Equipment, Facilities, & Services Specialist located in building 84. The contractor shall furnish a signed malfunction/service report to Marc Spain (252-464-8343) located in building 84 upon completion of each on-site visit. The report shall include, as a minimum, the following information:
a. Date and time notified
b. Date and time of arrival
c. Type, Model and Serial Number(s) of equipment
d. Location of machines
e. Description of malfunction(s) and/or condition
f. Identified cause of the malfunction (if applicable)
g. All actions taken to correct the problem, including repair parts replaced or services rendered to include quantities
h. Date and time of departure
3.0 The Customer Point of Contact for this contract shall be the MRO Logistics, Acquisitions Division
a. Primary: Heather Unruh, heather.r.unruh.civ@us.navy.mil (252) 464-5535
b. Alternate: Teresa Harper, teresa.j.harper8.civ@us.navy.mil (252) 464-9366
4.0 Contractor Performance Requirements:
a. Safety, Environmental, Quality, Security Requirements: All personnel who enter or work in assigned spaces of this facility are required to comply with all federal, state, local, and site specific safety, environmental, quality and security requirements. FRC East has adopted and implemented additional safety programs to improve safety, quality, environmental, and security measures. Any individual found to not comply with this effort will be asked to immediately halt work. Supervisors, managers, and employees are to report issues of non-conformance through the proper chain of command. Any individual or entity not willing to comply will state such and shall not be authorized to enter the facility. FRC East may take actions that result in removal of individuals or entities from this facility due to issues of non-compliance with stated instructions.
b. Documented proof of all required certification training/licensing listed in the contract shall be available upon request by the government.
c. All personnel working on site at the FRC East under this contract shall document their receipt and review of the information listed in section (a) annually.
d. All contractors performing work on FRC East’s behalf and who have 10 employees at any time during the past calendar year, whose employees worked 1,000 or more hours in any quarter shall furnish FRC East their Total Case Incidence Rate for recordable nonfatal injuries and illnesses and their Days Away from Restricted work activity, and/or Job Transfer Rate for the past three years.
e. Foreign Object (FO) is defined as any article or substance alien to the aircraft or assembly which is allowed to invade the product. Foreign object damage (FOD) is the damage that occurs due to these FOs. All FRC East work sites shall be maintained in such a manner as to prevent FOD to aircraft and/or aircraft components. Work sites shall be kept clean at all times. All debris, scrap material, tools, and equipment will be cleared from the work site as work progresses. At no time shall hoses, power cords, materials, etc. be permitted to create tripping hazards in areas of the work site.
f. In those cases where a contractor supervisor determines that solving a safety or health problem is beyond their control, but within the control of the FRC East, the contractor shall notify the appropriate point of contact identified in Section 3.0 of this contract.
g. All contractor employees performing work on site at FRC East shall immediately report any safety, security, or environmental violation to their contractor supervisor, as well as the cognizant FRC East Safety/Security/Environmental Office provided in section (a) and Section 3.0 of this contract. The initial FRC East notification can be made via phone or e-mail and should include as many applicable details as possible (date, time, identification numbers, tags, company, etc.). This initial notification shall be made as soon as possible. A safety incident will require the contractor to complete and submit an incident memo to the appropriate point of contact identified in the contract, with a copy to FRC East Safety Office within twenty-four hours of accident/incident).
This incident memo will include the full name of the person involved in the incident, age, sex, job title, the name of the employing company and the contract number and title. In addition, this memo will include the severity of the illness or injury, indirect cause(s) or the accident and whether personal protective equipment was available and used.
h. All contractors and sub-contractors working within FRC East shall develop and operate effective safety and health programs. (CSS contracts only).
i. Contractors are required to wear personal protective equipment (PPE) consisting of hearing protection, eye protection, and safety shoes. PPE will not be provided by the facility. Contractor representatives without the appropriate PPE will not be allowed access to the facility.
j. Work being performed is in critical areas, therefore constant control of tools and materials are required at all times. Tools and hardware will be controlled at all times to prevent migration out of the work site. Lost tools shall be reported to the tool control manager at 252-464-9741. Tools found unattended will be confiscated and reported to the point of contact listed in Section 3.0.
k. The contractor shall comply with the Safety and Health Requirements Manual which is available upon request from the point of contact listed in Section 3.0.
l. The contractor shall maintain an inventory of hazardous material. A copy of this shall be submitted to the Hazardous Material Program Manager in the Industrial Environmental Division (Code 6.3.5),…
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