Terms_and_Conditions.pdf
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Table of Contents
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
1352.228-71 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE - COST REIMBURSEMENT (APR 2010)
1352.271-79 LIABILITY AND INSURANCE (APR 2010)
1352.271-82 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIP REPAIR (APR 2010).. 9
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2018)
WAGE DETERMINATION
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL
ITEMS (MAY 2019)
52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)
1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)
1352.237-75 KEY PERSONNEL (APR 2010)
1352.270-70 PERIOD OF PERFORMANCE (APR 2010)
1330-52.222-71NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY APPLICABLE TO
CREW MEMBERS OF VESSELS UNDER NOAA CONTRACT OR ORDER (MAY 2018)
1330-52.237-70CONTRACTOR COMMUNICATIONS
1330-52.237-71NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-PERSONAL SERVICES CONTRACT (SEPT 2017)
1330-52.237-72CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)
1330-52.242.70SUBMITTAL OF INVOICES
1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)
CLAUSES
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
WWW.ACQUISITION.GOV
(End of Clause)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(Reference 52.204-7)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(Reference 52.204-9)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(Reference 52.204-13)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (Reference 52.204-19)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
(Reference 52.232-39)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference 52.232-40)
1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)
(Reference 1352.209-73)
1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
(Reference 1352.209-74)
1352.228-71 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE - COST REIMBURSEMENT (APR 2010) (Reference 1352.228-71)
1352.271-79 LIABILITY AND INSURANCE (APR 2010)
(Reference 1352.271-79)
1352.271-82 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIP REPAIR (APR 2010) (Reference 1352.271-82)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2018)
(a) Definitions. As used in this clause:
Executive means officers, managing partners, or any other employees in management positions.
First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.
Month of award means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.
Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.
(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.
(5) Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.
(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L.
109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.
110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.
(c) Nothing in this clause requires the disclosure of classified information.
(d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if--
(i) In the Contractor's preceding fiscal year, the Contractor received--
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).
(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)
(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.
(vi) Subcontract number (the subcontract number assigned by the Contractor).
(vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS.
(xiv) The applicable North American Industry Classification System code (NAICS).
(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if--
(i) In the subcontractor's preceding fiscal year, the subcontractor received--
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and
(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)
(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than
$30,000 to avoid the reporting requirements in paragraph (d) of this clause.
(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract.
The Contractor is not required to make further reports after the first-tier subcontract expires.
(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.
(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and the FPDS database. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM information is incorrect, the contractor is responsible for correcting this information.
WAGE DETERMINATION
WD 15-4555 (Rev.-7) was first posted on www.wdol.gov on 01/01/2019
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.: 2015-4555
Daniel W. Simms Division of | Revision No.: 7 Director Wage Determinations| Date Of 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.
State: Florida
Area: Florida County of Brevard
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 13.73 01012 - Accounting Clerk II 15.41 01013 - Accounting Clerk III 18.43 01020 - Administrative Assistant 22.64 01035 - Court Reporter 17.50 01041 - Customer Service Representative I 10.98 01042 - Customer Service Representative II 12.34 01043 - Customer Service Representative III 13.47 01051 - Data Entry Operator I 13.49 01052 - Data Entry Operator II 14.72 01060 - Dispatcher, Motor Vehicle 16.31 01070 - Document Preparation Clerk 13.60 01090 - Duplicating Machine Operator 13.60 01111 - General Clerk I 12.55 01112 - General Clerk II 13.69 01113 - General Clerk III 15.37 01120 - Housing Referral Assistant 19.50 01141 - Messenger Courier 13.38 01191 - Order Clerk I 12.99 01192 - Order Clerk II 14.18 01261 - Personnel Assistant (Employment) I 15.35 01262 - Personnel Assistant (Employment) II 17.18 01263 - Personnel Assistant (Employment) III 19.15 01270 - Production Control Clerk 21.35 01290 - Rental Clerk 12.98
01300 - Scheduler, Maintenance 15.64 01311 - Secretary I 15.64 01312 - Secretary II 17.50 01313 - Secretary III 19.50 01320 - Service Order Dispatcher 14.82 01410 - Supply Technician 22.64 01420 - Survey Worker 16.31 01460 - Switchboard Operator/Receptionist 12.63 01531 - Travel Clerk I 12.73 01532 - Travel Clerk II 13.74 01533 - Travel Clerk III 14.72 01611 - Word Processor I 13.93 01612 - Word Processor II 15.64 01613 - Word Processor III 17.50 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 19.74 05010 - Automotive Electrician 18.15 05040 - Automotive Glass Installer 17.17 05070 - Automotive Worker 17.17 05110 - Mobile Equipment Servicer 15.50 05130 - Motor Equipment Metal Mechanic 18.88 05160 - Motor Equipment Metal Worker 17.17 05190 - Motor Vehicle Mechanic 18.80 05220 - Motor Vehicle Mechanic Helper 14.58 05250 - Motor Vehicle Upholstery Worker 16.58 05280 - Motor Vehicle Wrecker 17.17 05310 - Painter, Automotive 18.04 05340 - Radiator Repair Specialist 17.17 05370 - Tire Repairer 13.08 05400 - Transmission Repair Specialist 18.88 07000 - Food Preparation And Service Occupations 07010 - Baker 12.08 07041 - Cook I 11.84 07042 - Cook II 13.63 07070 - Dishwasher 9.22 07130 - Food Service Worker 10.68 07210 - Meat Cutter 15.09 07260 - Waiter/Waitress 10.76 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 17.93 09040 - Furniture Handler 13.01 09080 - Furniture Refinisher 17.93 09090 - Furniture Refinisher Helper 13.38 09110 - Furniture Repairer, Minor 14.99 09130 - Upholsterer 17.93 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 10.09 11060 - Elevator Operator 11.47 11090 - Gardener 15.12 11122 - Housekeeping Aide 11.47 11150 - Janitor 11.47 11210 - Laborer, Grounds Maintenance 11.82 11240 - Maid or Houseman 9.52 11260 - Pruner 10.76 11270 - Tractor Operator 14.03 11330 - Trail Maintenance Worker 11.82 11360 - Window Cleaner 12.61
12000 - Health Occupations 12010 - Ambulance Driver 18.77 12011 - Breath Alcohol Technician 18.80 12012 - Certified Occupational Therapist Assistant 33.21 12015 - Certified Physical Therapist Assistant 32.31 12020 - Dental Assistant 17.59 12025 - Dental Hygienist 34.50 12030 - EKG Technician 20.02 12035 - Electroneurodiagnostic Technologist 20.02 12040 - Emergency Medical Technician 18.77 12071 - Licensed Practical Nurse I 16.80 12072 - Licensed Practical Nurse II 18.72 12073 - Licensed Practical Nurse III 20.95 12100 - Medical Assistant 14.38 12130 - Medical Laboratory Technician 20.54 12160 - Medical Record Clerk 15.86 12190 - Medical Record Technician 17.74 12195 - Medical Transcriptionist 14.93 12210 - Nuclear Medicine Technologist 34.08 12221 - Nursing Assistant I 11.00 12222 - Nursing Assistant II 12.37 12223 - Nursing Assistant III 13.50 12224 - Nursing Assistant IV 15.14 12235 - Optical Dispenser 19.45 12236 - Optical Technician 16.80 12250 - Pharmacy Technician 15.09 12280 - Phlebotomist 15.14 12305 - Radiologic Technologist 27.27 12311 - Registered Nurse I 22.67 12312 - Registered Nurse II 27.73 12313 - Registered Nurse II, Specialist 27.73 12314 - Registered Nurse III 33.55 12315 - Registered Nurse III, Anesthetist 33.55 12316 - Registered Nurse IV 40.22 12317 - Scheduler (Drug and Alcohol Testing) 22.80 12320 - Substance Abuse Treatment Counselor 19.17 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 17.52 13012 - Exhibits Specialist II 20.85 13013 - Exhibits Specialist III 24.97 13041 - Illustrator I 16.29 13042 - Illustrator II 19.93 13043 - Illustrator III 24.97 13047 - Librarian 22.61 13050 - Library Aide/Clerk 13.23 13054 - Library Information Technology Systems 20.85 Administrator 13058 - Library Technician 16.10 13061 - Media Specialist I 15.05 13062 - Media Specialist II 16.55 13063 - Media Specialist III 18.37 13071 - Photographer I 15.54 13072 - Photographer II 17.39 13073 - Photographer III 21.53 13074 - Photographer IV 26.35 13075 - Photographer V 30.02 13090 - Technical Order Library Clerk 16.62
13110 - Video Teleconference Technician 15.74 14000 - Information Technology Occupations 14041 - Computer Operator I 16.15 14042 - Computer Operator II 18.06 14043 - Computer Operator III 20.14 14044 - Computer Operator IV 22.37 14045 - Computer Operator V 24.79 14071 - Computer Programmer I (see 1) 23.18 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 16.15 14160 - Personal Computer Support Technician 22.37 14170 - System Support Specialist 24.06 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 29.98 15020 - Aircrew Training Devices Instructor (Rated) 33.63 15030 - Air Crew Training Devices Instructor (Pilot) 40.23 15050 - Computer Based Training Specialist / Instructor 29.98 15060 - Educational Technologist 25.26 15070 - Flight Instructor (Pilot) 40.23 15080 - Graphic Artist 20.58 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 40.23 15086 - Maintenance Test Pilot, Rotary Wing 40.23 15088 - Non-Maintenance Test/Co-Pilot 40.23 15090 - Technical Instructor 23.85 15095 - Technical Instructor/Course Developer 29.16 15110 - Test Proctor 19.25 15120 - Tutor 19.25 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.42 16030 - Counter Attendant 9.42 16040 - Dry Cleaner 11.52 16070 - Finisher, Flatwork, Machine 9.42 16090 - Presser, Hand 9.42 16110 - Presser, Machine, Drycleaning 9.42 16130 - Presser, Machine, Shirts 9.42 16160 - Presser, Machine, Wearing Apparel, Laundry 9.42 16190 - Sewing Machine Operator 12.27 16220 - Tailor 13.06 16250 - Washer, Machine 10.00 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 20.40 19040 - Tool And Die Maker 25.20 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 14.39 21030 - Material Coordinator 21.35 21040 - Material Expediter 21.35 21050 - Material Handling Laborer 11.56 21071 - Order Filler 11.67 21080 - Production Line Worker (Food Processing) 14.39 21110 - Shipping Packer 14.16 21130 - Shipping/Receiving Clerk 14.16 21140 - Store Worker I 12.83
21150 - Stock Clerk 17.12 21210 - Tools And Parts Attendant 14.66 21410 - Warehouse Specialist 14.58 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 28.82 23019 - Aircraft Logs and Records Technician 22.60 23021 - Aircraft Mechanic I 27.26 23022 - Aircraft Mechanic II 28.82 23023 - Aircraft Mechanic III 30.35 23040 - Aircraft Mechanic Helper 19.46 23050 - Aircraft, Painter 25.48 23060 - Aircraft Servicer 22.60 23070 - Aircraft Survival Flight Equipment Technician 25.48 23080 - Aircraft Worker 24.15 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 24.15 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 27.26
II
23110 - Appliance Mechanic 19.71 23120 - Bicycle Repairer 16.10 23125 - Cable Splicer 29.99 23130 - Carpenter, Maintenance 18.77 23140 - Carpet Layer 18.53 23160 - Electrician, Maintenance 22.10 23181 - Electronics Technician Maintenance I 23.20 23182 - Electronics Technician Maintenance II 24.68 23183 - Electronics Technician Maintenance III 26.19 23260 - Fabric Worker 17.34 23290 - Fire Alarm System Mechanic 19.24 23310 - Fire Extinguisher Repairer 16.10 23311 - Fuel Distribution System Mechanic 20.79 23312 - Fuel Distribution System Operator 16.75 23370 - General Maintenance Worker 17.61 23380 - Ground Support Equipment Mechanic 27.26 23381 - Ground Support Equipment Servicer 22.60 23382 - Ground Support Equipment Worker 24.15 23391 - Gunsmith I 17.56 23392 - Gunsmith II 20.20 23393 - Gunsmith III 22.75 23410 - Heating, Ventilation And Air-Conditioning 18.49 Mechanic 23411 - Heating, Ventilation And Air Contidioning 19.55 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 25.53 23440 - Heavy Equipment Operator 17.84 23460 - Instrument Mechanic 20.92 23465 - Laboratory/Shelter Mechanic 20.21 23470 - Laborer 12.14 23510 - Locksmith 18.66 23530 - Machinery Maintenance Mechanic 23.76 23550 - Machinist, Maintenance 20.27 23580 - Maintenance Trades Helper 15.08 23591 - Metrology Technician I 20.92 23592 - Metrology Technician II 22.12 23593 - Metrology Technician III 23.29 23640 - Millwright 20.92 23710 - Office Appliance Repairer 18.22
23760 - Painter, Maintenance 17.34 23790 - Pipefitter, Maintenance 22.93 23810 - Plumber, Maintenance 21.60 23820 - Pneudraulic Systems Mechanic 20.92 23850 - Rigger 20.92 23870 - Scale Mechanic 18.53 23890 - Sheet-Metal Worker, Maintenance 19.20 23910 - Small Engine Mechanic 17.41 23931 - Telecommunications Mechanic I 24.15 23932 - Telecommunications Mechanic II 25.23 23950 - Telephone Lineman 21.31 23960 - Welder, Combination, Maintenance 18.14 23965 - Well Driller 20.92 23970 - Woodcraft Worker 20.92 23980 - Woodworker 16.10 24000 - Personal Needs Occupations 24550 - Case Manager 16.21 24570 - Child Care Attendant 10.59 24580 - Child Care Center Clerk 13.34 24610 - Chore Aide 10.85 24620 - Family Readiness And Support Services 16.21 Coordinator 24630 - Homemaker 16.32 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 20.92 25040 - Sewage Plant Operator 19.49 25070 - Stationary Engineer 20.92 25190 - Ventilation Equipment Tender 14.94 25210 - Water Treatment Plant Operator 19.49 27000 - Protective Service Occupations 27004 - Alarm Monitor 17.24 27007 - Baggage Inspector 12.42 27008 - Corrections Officer 20.24 27010 - Court Security Officer 20.58 27030 - Detection Dog Handler 17.09 27040 - Detention Officer 20.24 27070 - Firefighter 21.14 27101 - Guard I 12.42 27102 - Guard II 17.09 27131 - Police Officer I 20.43 27132 - Police Officer II 22.70 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 13.12 28042 - Carnival Equipment Repairer 13.43 28043 - Carnival Worker 9.54 28210 - Gate Attendant/Gate Tender 14.38 28310 - Lifeguard 12.08 28350 - Park Attendant (Aide) 16.09 28510 - Recreation Aide/Health Facility Attendant 11.74 28515 - Recreation Specialist 19.94 28630 - Sports Official 12.81 28690 - Swimming Pool Operator 15.43 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 23.84 29020 - Hatch Tender 23.84 29030 - Line Handler 23.84 29041 - Stevedore I 22.65
29042 - Stevedore II 26.76 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 38.34 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 26.43 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 29.11 30021 - Archeological Technician I 15.68 30022 - Archeological Technician II 17.55 30023 - Archeological Technician III 22.25 30030 - Cartographic Technician 21.74 30040 - Civil Engineering Technician 25.58 30051 - Cryogenic Technician I 25.61 30052 - Cryogenic Technician II 28.29 30061 - Drafter/CAD Operator I 15.68 30062 - Drafter/CAD Operator II 17.55 30063 - Drafter/CAD Operator III 20.03 30064 - Drafter/CAD Operator IV 24.07 30081 - Engineering Technician I 15.41 30082 - Engineering Technician II 17.30 30083 - Engineering Technician III 19.35 30084 - Engineering Technician IV 23.98 30085 - Engineering Technician V 29.33 30086 - Engineering Technician VI 35.49 30090 - Environmental Technician 20.66 30095 - Evidence Control Specialist 23.12 30210 - Laboratory Technician 22.77 30221 - Latent Fingerprint Technician I 25.61 30222 - Latent Fingerprint Technician II 28.29 30240 - Mathematical Technician 21.74 30361 - Paralegal/Legal Assistant I 19.05 30362 - Paralegal/Legal Assistant II 23.60 30363 - Paralegal/Legal Assistant III 28.86 30364 - Paralegal/Legal Assistant IV 34.92 30375 - Petroleum Supply Specialist 28.29 30390 - Photo-Optics Technician 21.74 30395 - Radiation Control Technician 28.29 30461 - Technical Writer I 22.25 30462 - Technical Writer II 27.21 30463 - Technical Writer III 32.93 30491 - Unexploded Ordnance (UXO) Technician I 24.36 30492 - Unexploded Ordnance (UXO) Technician II 29.48 30493 - Unexploded Ordnance (UXO) Technician III 35.33 30494 - Unexploded (UXO) Safety Escort 24.36 30495 - Unexploded (UXO) Sweep Personnel 24.36 30501 - Weather Forecaster I 25.61 30502 - Weather Forecaster II 31.15 30620 - Weather Observer, Combined Upper Air Or (see 2) 20.03 Surface Programs 30621 - Weather Observer, Senior (see 2) 21.74 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 29.48 31020 - Bus Aide 11.37 31030 - Bus Driver 15.67 31043 - Driver Courier 15.56 31260 - Parking and Lot Attendant 11.35 31290 - Shuttle Bus Driver 14.77 31310 - Taxi Driver 13.42 31361 - Truckdriver, Light 14.77
31362 - Truckdriver, Medium 15.67 31363 - Truckdriver, Heavy 16.57 31364 - Truckdriver, Tractor-Trailer 16.57 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 14.37 99030 - Cashier 9.59 99050 - Desk Clerk 10.15 99095 - Embalmer 24.36 99130 - Flight Follower 24.36 99251 - Laboratory Animal Caretaker I 12.55 99252 - Laboratory Animal Caretaker II 13.53 99260 - Marketing Analyst 27.78 99310 - Mortician 24.36 99410 - Pest Controller 14.24 99510 - Photofinishing Worker 12.62 99710 - Recycling Laborer 15.18 99711 - Recycling Specialist 18.02 99730 - Refuse Collector 13.82 99810 - Sales Clerk 11.66 99820 - School Crossing Guard 11.08 99830 - Survey Party Chief 19.77 99831 - Surveying Aide 13.10 99832 - Surveying Technician 17.97 99840 - Vending Machine Attendant 17.61 99841 - Vending Machine Repairer 20.61 99842 - Vending Machine Repairer Helper 17.61
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; 3 weeks after 5 years, 4 weeks after 15 years, and 5 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 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)).
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.
3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by
EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31
U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due.
The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience.
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