COMBINED_SYNOPSIS_SOLICITATION_N4044619Q0049.docx

MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

Military Sealift Command Combined Synopsis and Solicitation Notice Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. Solicitation number is N40446-19-Q-0049 and is being issued as a Request for Quotes (RFQ).

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2019-02/Effective Date 06-05-2019 located on https://www.acquisition.gov and Defense FAR Supplement (DFARS) Publication Notice 20190531.

4. The associated NAICS code is 811310 and the associated PSC code is J020 for this procurement: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.

|X| is not being set-aside for small businesses.

|_| is being set-aside for 100% Small Business. The small business size standard is $20.5 Million.

5. The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.

b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

d. The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items required in the submission package may make a quote unacceptable.

e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:

In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:

Responsible sources shall provide the following:

1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price

2. Total Firm Fixed price

3. Any Discount Terms

4. Estimated time of delivery

5. Technical Submission Requirements

a. For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.

b. For a Services buy, the quote shall contain all pre-award submission/certification requirements as defined in the PWS.

6. Vendor’s Name, Address, Phone Number, Tax Identification Number, DUNS number and CAGE code.

7. Completed copy of FAR 52.212-3 Offeror Representations and Certifications – Commercial Items (See Section 10 below).

8. Responses to the solicitation are due 1800 EST on 22 July 2019. Quotes may be e-mailed to M-GU-SSUN10@fe.navy.mil. To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.

9. Provision 52.212-2 Evaluation—Commercial Items (Oct 2014) applies to this acquisition and will be used.

(a) The Government may award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement; and,

(ii) price.

Award shall be made to the lowest priced technically acceptable offeror.

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation. To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror by the Government within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

10. All Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with its offer. See Microsoft Word Document below for full text of FAR 52.212-3.

11. Clause 52.212-4 Contract Terms and Conditions – Commercial items, applies to this acquisition and is incorporated by reference.

12. Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition along with the following FAR Clauses cited in the clause.

Contractors Debarred, Suspended, or Proposed for Debarment.

Driving

Management

13. The following additional information is applicable to this acquisition:

NOTE: An * notates the fill-in information, as applicable. ** notates a solicitation provision. *** notates the clause will be full-text in the contract award.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal (January 2017) Confidentiality Agreements or Statements--Representation

a Felony Conviction under any Federal Law

*FAR http://acquisition.gov/far DFARS http://www.acq.osd.mil/dpap/dars/dfarspgi/current/ 52.252-2 Clauses Incorporated by Reference (February 1998) *FAR http://acquisition.gov/far DFARS http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

Reporting

Hazardous Materials

Enterprise-Wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

(End Text)

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (AUG 2012)

The information contained in this instruction is supplemental to DFARS 252.232-7006.

The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only. Information included in DFARS 252.232-7006 and this WAWF instruction apply only to WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, "Leave Blank."

In some situations, the WAWF system will pre-populate the "Pay DoDAAC," "Admin By DoDAAC" and "Issue By DoDAAC." The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the "Inspection" and "Acceptance" defaults of "destination" for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document. The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the "Send More Email Notifications" link that appears on the page. The Contractor shall click on this link and add the Technical Point of Contact's (TPOC) or Contracting Officer's Representative's (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

SHIP & BASE ACCESS

Vendors are responsible for correctly submitting forms/applications. Vendors are encouraged to monitor email using “Request a Read Receipt” function and to confirm receipt of facsimile transmissions.

Due to enhanced security measures, ship and base access is required for pre-award ship visits (e.g. ship-check) and for contract performance. Specifically, the following permissions are required:

1. El Paso Intelligence Center (EPIC) personnel screening requirement

2. Base/Repair Facility Access Request

3. Vehicle Access Request

4. Ship Access List (vendor-provided)

All forms are available for download on the MSC contracts webpage at http://www.msc.navy.mil. Click on “Contracts” in the upper right corner. “EPIC template” is under “Reference” subheading. Click on “Online Library of Common Documents” for all other forms.

Base/Repair Facility Access: Permit is required to access Navy facilities. Base/Repair Facility Access Request is desired seven days prior to ship check or performance start date. Submit forms per the document instruction and to the Port Engineer.

Defense Biometric Identification System (DBIDS) is being implemented for access to DoD facilities in CONUS, HI, Guam and Puerto Rico (replaces RapidGate). Vendor is responsible to acquire DBIDS credentials prior to performance start date. Delays that may result from inadequate planning are contractor responsibility. Vendor instructions and program information is available at https://www.cnic.navy.mil/om/dbids.html. DBIDS credentials require (in succession) (1) Present a letter or official document from the Government sponsoring organization that provides the purpose for your access, (2) Present valid identification, such as a passport or Real ID Act-compliant state driver's license, (3) Present a completed copy of the SECNAV 5512/1 form to obtain your background check, (4) Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments, and (5) After all of this is done, the contractor will be provided with the DBDIS credential. For vendors with existing Navy Commercial Access Control System (NCACS) cards, see https://www.cnic.navy.mil/om/dbids.html for instructions to obtain DBIDS credentials. Vendor is responsible to confirm that each employee held DBIDS credentials are active for the specific facility and performance period in accordance with DBIDS.

Additional access permissions may be required in the future.

Vehicle Access: Required for vehicle access to Navy facilities. Follow supplemental instructions on Base Access forms or base-specific vehicle access forms.

Ship Access List* (Vendor-Provided): On company letterhead attachment via email, the vendor is required to provide the ship master (courtesy copy the Port Engineer) with an accurate, current list of performing personnel prior to being admitted aboard the vessel. Under no circumstances will a hand-delivered list be accepted.

WAGE DETERMINATION

"REGISTER OF WAGE DETERMINATIONS UNDER U.S. DEPARTMENT OF

LABOR

THE SERVICE CONTRACT ACT

By direction of the Secretary of Labor

EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON D.C. 20210

Wage Determination No.: 2015-5693 Daniel W. Simms Director Division of Revision No.: 8 Wage Determinations! Date Of Last Revision: 12/26/2018 Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.60 for calendar year 2019 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 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2019. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

States: Guam Northern Marianas Wake Island Area: Guam Statewide

Northern Marianas Statewide

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

Information And Arts Occupations

12320 13000 -

13011

- Exhibits Specialist

I

19.26

23.86

29.18

19.26

23.86

29.18

26.42

15.33

Administrator

16.64

17.21

19.26

21.47

17.06

19.06

23.63

28.92

35.00

13110 - Video Teleconference Technician 14000 - Information Technology Occupations

17.18

14041 - Computer Operator I

15.71

14042 - Computer Operator II

16.26

14043 - Computer Operator III

18 .13

14044 - Computer Operator IV

20.14

14045 - Computer Operator V

22.31

14150 - Peripheral Equipment Operator

15.71

14160 - Personal Computer Support Technician

20.14

14170 - System Support Specialist

21.24

15000 - Instructional Occupations

15010 - Aircrew Training Devices Instructor (Non-Rated)

24.23

15020 - Aircrew Training Devices Instructor (Rated)

29.32

15030 - Air Crew Training Devices Instructor (Pilot)

33.30

15050 - Computer Based Training Specialist/ Instructor

24.23

15060 - Educational Technologist

25.10

15070 - Flight Instructor (Pilot)

33.30

15080 - Graphic Artist

20.47

15085 - Maintenance Test Pilot Fixed Jet/Prop

32.74

15086 - Maintenance Test Pilot Rotary Wing

32.74

15088 - Non-Maintenance Test/Co-Pilot

32.74

15090 - Technical Instructor

17.65

15095 - Technical Instructor/Course Developer

21.58

15110 - Test Proctor

13.87

15120 - Tutor

13.87

9.78

9.78

11.30

9.78

9.78

16110 - Presser Machine Drycleaning

9.78

16130 - Presser Machine Shirts 16160 - Presser Machine Wearing Apparel Laundry 16190 - Sewing Machine Operator 16220 - Tailor

9.78 9.78

11. 94 12.44

I

23092

II

Mechanic 23411 - Heating Ventilation And Air Contidioning Mechanic (Research Facility)

17.63

Coordinator

27070 - Firefighter

12.05

27101 - Guard I

9.13

27102 - Guard II

10.90

27131 - Police Officer I

12.05

27132 - Police Officer II

13. 40

28000 - Recreation Occupations

28041 - Carnival Equipment Operator

12.37

28042 - Carnival Equipment Repairer

13. 42

28043 - Carnival Worker

9.14

28210 - Gate Attendant/Gate Tender

13.18

28310 - Lifeguard

11.01

28350 - Park Attendant (Aide)

14.74

28510 - Recreation Aide/Health Facility Attendant

10.76

28515 - Recreation Specialist

18.26

28630 - Sports Official

11.74

28690 - Swimming Pool Operator

17.71

29000 - Stevedoring/Longshoremen Occupational Services

29010 - Blocker And Bracer

20.23

29020 - Hatch Tender

20.23

29030 - Line Handler

20.23

29041 - Stevedore I

18.85

29042 - Stevedore II

21.64

30000 - Technical Occupations

30021 - Archeological Technician I

17.49

30022 - Archeological Technician II

19.56

30023 - Archeological Technician III

24.21

30030 - Cartographic Technician

23.18

30040 - Civil Engineering Technician

21.93

30051 - Cryogenic Technician I

24.12

30052 - Cryogenic Technician II

26.63

30061 - Drafter/CAD Operator I

17.49

30062 - Drafter/CAD Operator II

19.56

30063 - Drafter/CAD Operator III

20.74

30064 - Drafter/CAD Operator IV

24.21

30081 - Engineering Technician I

14.62

30082 - Engineering Technician II

16.41

30083 - Engineering Technician III

18.36

30084 - Engineering Technician IV

22.34

30085 - Engineering Technician V

27.83

30086 - Engineering Technician VI

33.66

30090 - Environmental Technician

21.78

30095 - Evidence Control Specialist

21.78

30210 - Laboratory Technician

20.74

30221 - Latent Fingerprint Technician I

24.12

30222 - Latent Fingerprint Technician II

26.63

30240 - Mathematical Technician

23.34

30361 - Paralegal/Legal Assistant I

19.44

30362 - Paralegal/Legal Assistant II

23.68

30363 - Paralegal/Legal Assistant III

28.99

30364 - Paralegal/Legal Assistant IV

33.88

30375 - Petroleum Supply Specialist

26.63

30390 - Photo-Optics Technician

21.93

30395 - Radiation Control Technician

26.63

30461 - Technical Writer I

22.17

30462 - Technical Writer II

27.10

30463 - Technical Writer III

32.79

30491 - Unexploded Ordnance (UXO) Technician I

24.24

30492 - Unexploded Ordnance (UXO) Technician II

29.33

30493 - Unexploded Ordnance (UXO) Technician III

35.16

30494 - Unexploded (UXO) Safety Escort

24.24

30495 - Unexploded (UXO) Sweep Personnel

24.24

30501 - Weather Forecaster I

24.12

30502 - Weather Forecaster II

29.34

Surface Programs 30621 - Weather Observer Senior

(see 2)

23.00

31000 - Transportation/Mobile Equipment Operation 31010 - Airplane Pilot Occupations

29.33

31020 - Bus Aide

8.15

31030 - Bus Driver

9.69

31043 - Driver Courier

8.97

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: $4.48 per hour or $179.20 per week or $776.53 per month

HEALTH & WELFARE EO 13706: $4.18 per hour or $167.20 per week or $724.53 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; and 4 weeks after 3 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 ten paid holidays per year: New Year's Day Martin Luther King Jr.'s Birthday Washington's Birthday Memorial 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))."

14. This solicitation does not have a Defense Priorities and Allocation System (DPAS) rating.

15. Quotes may be only e-mailed directly to M-GU-SSUN10@fe.navy.mil the sole designated E-mail address and inbox for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted. No other method of submission is acceptable.

E-mail quotes shall be in either Adobe or Microsoft Office format. Quoters are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes. To be timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission.

Emailed quotes may encounter unpredictable and lengthy routing delays. In all cases, quoters are responsible for ensuring the Government receives the complete quote prior to the due date and time for quote submission.

16. For additional information regarding this solicitation contact M-GU-SSUN10@fe.navy.mil.

image1.emf

Microsoft Word Document

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the…