Performance Work Statement_dated 21 August 2024.pdf

AUG 22

PERFORMANCE WORK STATEMENT (PWS)

Getinge Sterilizers and Gentinge Washer-Disinfector Equipment Maintenance and Repair Services, at Shuttleworth Dental Clinic, in support of Weed Army Community Hospital (WACH), located at Fort Irwin, California Dated: 21 August 2024

Part 1 General Information

1. General: This is a non-personal service(s) contract under which the personnel rendering the service(s) are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.1 Description of Services/Introduction: This is a non-personal service requirement for maintenance and repair services contract for the government owned Getinge sterilizers and washer disinfector located at Shuttleworth Dental Clinic, in support Weed Army Community Hospital at Fort Irwin, CA.

1.2 Background: This is a non-personal service requirement for maintenance and repair services for the government-owned Getinge 433/533HC-E Series Sterilizers (x2) and 46-Series Washer-Disinfector (x1) at the Shuttleworth Dental clinic, located at Fort Irwin, CA as identified in paragraph 3.1 of this Performance Work Statement (PWS), to include all labor, parts, material, and travel, to calibrate and/or repair the equipment in a fully functional condition in accordance with (IAW) manufacturer (MFR) specifications.

1.3 Scope: The contractor shall provide a maintenance and repair service program shall cover the cost of on-site repair service, including emergency repair, parts, labor, travel, telephone support for troubleshooting, and Preventative Maintenance visits per OEM specifications. Services shall be performed between normal business hours of 8am-5pm, Monday through Friday, unless specifically noted in this solicitation. Standard coverage includes: parts, labor, travel, return shipping, emergency on-site, service, preventative maintenance, access to manufacturer technical support, loaner instruments and/or components, OEM sponsored (non-billable) updates, on-line service request portal and real-time tracking, access to multiple parts sources, access to manufacturer and iso service engineers, and freedom to incorporate preferred service providers throughout the period of performance.

1.3.1 Information concerning the systems to be serviced is furnished from the best available sources. However, this shall not relieve the Contractor of the requirement to visit the location of the system(s) listed and to be thoroughly familiarized with all components associated with the item(s) and conditions under which the work is to be performed.

1.4 Objectives: The objective of this contract is for the contractor to provide service for the government-owned Getinge sterilizes and washer disinfector (specified in section 5 of the PWS) for Shuttleworth Dental Clinic, in support of Weed Army Community Hospital, located at Fort Irwin, CA.

1.5 General Information:

1.5.1 Quality Control Plan (QCP): The Contractor shall develop and maintain a QCP to ensure services are performed in accordance with (IAW) this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which it assures that the work provided complies with the requirements of the contract.

The Contractor’s Proposed QCP shall be submitted to the Contracting Officer (KO) through the Government POC/Contracting Officer’s Representative (COR) for review within ten (10) days after date of contract award.

The Government will review and either notify the Contractor in writing of acceptance of the plan or return their comments to the Contractor within ten (10) days. If the Government has provided comments, the Contractor shall then have ten (10) days to submit a Final QCP. After receipt of the Final QCP, the Contractor may receive the Contracting Officer’s acceptance in writing. Any proposed changes to the accepted QCP are required to be resubmitted for acceptance by the Contracting Officer no later than ten (10) days prior to the anticipated change and before implementation by the Contractor. The timeline noted above will apply for review and acceptance for proposed changes. At a minimum, the QCP must include and answer the following to be acceptable:

(a) A chart showing the organizational structure and lines of authority, the names, qualifications, duties, responsibilities, and classification of each member of the Contractor's Quality Control Team;

(b) How the Contractor will monitor work to ensure performance complies with all deliverables (etc.

timelines, deadlines, and goals);

(c) How the Contractor will monitor work to ensure performance complies with all specifications and requirements of the contract, including the contract’s clauses;

(d) How the Contractor will monitor and ensure staff qualifications remain current and valid including

Department of Defense (DoD) Contractor Personnel Office (DOCPER) processes/approvals throughout contract performance;

(e) How the Contractor will identify, investigate, and correct any non-conforming performance and prevent similar deficiencies in the future; and

(f) How the Contractor will file and save all Quality Control related documents for the life of the contract plus 5 years.

1.5.1.2 The Contractor shall inform the Government POC/COR of issues or potential issues that might affect the performance within twenty-four (24) hours of identifying those issues. Verbal reports shall be followed up by written reports emailed to the Government POC/COR within one (1) day. (See deliverable, A.001).

1.5.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards.

It defines how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels (performance thresholds).

1.5.3 Recognized Holidays: The following provides information on recognized holidays for the purpose of the PWS. If submittal of any documentation (e.g. deliverables, submittals, etc.) deadlines fall on a holiday, the closest work day prior to the holiday will apply as the deadline for submittal.

1.5.3.1 U.S. Holidays: Work shall not be performed on U.S. federally recognized holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer. When a U.S. holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

New Year’s Day January 1st M. L. King Memorial Day 3rd Monday in Jan Presidents Day 3rd Monday in February Memorial Day last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th

1.5.3.1.1 Any holidays that are declared by Presidential Executive Order shall be observed in the same manner as the holidays listed above. If the area in which a contract employee is scheduled to work is closed due to the holiday and the employee is not required to report in, payment will not be made for those hours. Closures of the installation due to inclement weather or other such acts of God shall be handled in the same manner.

1.5.3.2 RESERVED

1.5.4 Operating Hours: The Government facility office hours, facility operating hours, and the Contractor support hour requirements often coincide, however, they may differ. Please refer to the following.

1.5.4.1 Government Facility Office Hours: The Government facility office hours are 0800 to 1600 (Monday through Friday), except U.S. Holidays identified in paragraph 1.5.3.1 above or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.5.4.2 Government Facility Operating Hours: Shuttleworth Dental Clinic provides services Monday-Thursday 7:30 a.m. to 5:00 p.m. and Friday 7:30 a.m. to 4:00 p.m., Monday through Friday. The Government facility is open for operations during the recognized U.S. Holidays identified in paragraph 1.5.3.1 above and may close due to local or national emergencies, administrative closings, or similar Government directed facility closings and will be communicated by the Contracting Officer to the Contractor.

1.5.4.3 Contractor Support Hours: The Contractor shall provide support between the hours of 0800 to 1630.

The Contractor shall maintain an adequate workforce at all times, for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

1.5.4.3.1 The contractor shall make every practical effort to provide services during normal business hours, excluding federal holidays. However, in certain cases, permission may be granted to the contractor to provide services outside of EMB normal operating hours if during these hours (1) access to the equipment being serviced is limited or unavailable, (2) servicing the equipment would cause impactful impedance to patient care, or (3) the contractor provides any other justified reasoning for unavailability that is accepted by the Chief of Equipment Management Branch. Approval to perform services outside of EMB normal business hours will be given by the Chief of Equipment Management Branch.

1.5.4.4 Billing: Payment is processed upon receipt and acceptance of completed service report. Invoicing is processed via Wide Area Work Flow (WAWF). The service report is not to be confused with the billing or invoice document.

1.5.4.4.1 The contractor shall provide a separate invoice for repair or service calls attributed to medical device failure and/or damage through misuse, theft, fire, Acts of God, or deterioration caused by chemicals that are not required for normal equipment operation. The cause listed above will be inspected and validated by the Chief or NCOIC of Equipment Management Branch prior to a separate purchase order being issued. In the event of a rejected invoice, the Contractor will be notified in writing by the Government POC/COR of the specific reasons for rejection. The Contractor shall have five (5) workdays to correct the rejected deliverable and return to the Government POC/COR per delivery instructions.

1.5.5 Training Holidays: RESERVED

1.5.6 Place of Performance: The work under this contract will be performed and completed at the Shuttleworth Dental Clinic, 171 Inner Loop Road, Fort Irwin, CA 92310.

1.6 Security Requirements: The following information is provided on security related matters:

1.6.1 The Government shall conduct criminal background checks on all Contractor employees IAW the procedures set forth in Public Law 100-235, DoD Directive 5200.28, DoD Directive 5200.2-R, Department of Defense Instruction (DoDI) 1402.5 and submit to the Program Manager/Alternate. The Contractor is responsible for ensuring all Contractor employees must complete the SF-86, Authorization for Release of Information form and ensure all background check submittals are initiated IAW this PWS prior to employees providing services at WACH facilities. Background checks shall be based on fingerprints of individuals obtained by qualified

Government law enforcement or security personnel, inquiries conducted through the Federal Bureau of Investigation (FBI) and the State Criminal History Repository check, and a local Installation Record Check, if required. The procedures for completing the required background check are outlined in the DoDI 1402.5.

Government will not allow any employees to start work until clearance of criminal background check has been completed.

1.6.2 Security Program: RESERVED

1.6.3 Personnel Security Clearance Requirements: RESERVED

1.6.4 Installation Access: Access to U.S. installations, buildings and controlled areas is limited to personnel who meet security criteria and are authorized. Failure to submit required information/data and obtain required documentation or clearances will be grounds for denying access to U.S. installations, buildings and controlled areas. The Contractor shall ensure that any subcontractors used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any subcontractor utilized by the Contractor, are made aware of and comply with these requirements.

1.6.4.1 Installation Pass Log: RESERVED

1.6.4.2 Individual Termination or Expiration of Employment: The Contractor shall collect the installation access passes the same day employment of an individual has expired or has been terminated and shall return them to the Government POC/COR within five (5) days. (See deliverable, A.002)

1.6.4.3 Contract Termination or Cancellation: Upon termination or cancellation of this contract, the Contractor shall collect all outstanding installation access passes and return them to the Government POC/COR within five

(5) days (See deliverable, A.003).

1.6.4.4 Contract Termination-Debarment: The Contractor shall comply with FAR 52.222-12, Contract Termination-Debarment (May 2014). The requirements under FAR 52.222-12 include the following:

A breach of the contract clauses entitled Construction Wage Rate Requirements, Contract Work Hours and Safety Standards-Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Construction Wage Rate Requirements and Related Regulations, or Certification of Eligibility may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12 (Debarment Proceedings)

1.6.5 Common Access Cards (CAC) and CAC Log: RESERVED

1.6.6 Background Checks: Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements (CFR clause 52.204-9, Personal Identity Verification of Contract Personnel) as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.6.1 U.S. Citizen: The Contractor employee may begin performance of the contract after receiving a favorable local background check. The Contractor agrees to replace the employee should results of the background check, if required, be unfavorable as determined by the Requiring Activity Manager. The Contractor’s replacement of the employee with the unfavorable background check shall be within a timeframe provided by the Requiring Activity Manager. The Contractor shall also replace employees whose background check, during their tenure of employment, renders them with an unfavorable local or stateside background check, as determined by the Requiring Activity Manager. The Contractor shall forward a copy to the Contracting Officer via the Government POC/COR and the Requiring Activity Manager of each favorable background check within three (3) days of receipt by the Contractor, identifying such with the appropriate contract number (See deliverable, A.004).

The Contractor shall forward a copy to the Contracting Officer via the Government POC/COR and the Requiring Activity Manager of each unfavorable background check within three (3) days of receipt by the Contractor, identifying such with the appropriate contract number (See deliverable, A.005). When the Government awards a non-personal services contract directly to an individual, the failure of the individual to provide a favorable background check would be grounds for termination.

1.6.6.2 Local Nationals and Third Country Nationals: RESERVED

1.6.7 Physical Security: The Contractor shall safeguard all Government equipment, information, and property provided for Contractor use. “At the close of each work period, Government facilities, equipment, and materials shall be secured IAW the Army Physical Security Program (AR 190-13.”)

1.6.8 Operations Security (OPSEC) Requirements: Contractor personnel shall adhere to facility security policies and restrictions. The Contractor shall immediately report suspicious activities to security personnel.

1.7 Key Control: RESERVED

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart

42.5. The Contracting Officer, Government POC/COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Contract Manager or designated representative shall attend meetings as requested by the Government. Meeting attendees shall at times include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.9 Government POC/Contracting Officer’s Representative (COR): Refer to Part 2 of this PWS for the definition of a Government POC/COR. As determined by the Contracting Officer, a Government POC/COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the Contracting Officer. The designation letter states the responsibilities and limitations of the Government POC/COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The Government POC/COR is not authorized to change any of the terms and conditions of the resulting order. The Government POC/COR monitors all technical aspects of the contract and assists in contract administration.

Government POC/If the work is not written in the contract, the Government POC/COR is not authorized to request new work. The Government POC/COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel.

1.10 Key Personnel: The following personnel are considered key personnel by the Government: The Contractor shall provide a Program/Contract Manager who shall be responsible for the performance of the work. The name of this person and an Alternate Program/Contract Manager, who shall act for the Contractor when the Program/Contract Manager is absent. The Contract Manager and Alternate Contract Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contract Manager or Alternate Contract Manager shall be available between 0700 to 1600 (Monday through Friday).

1.11 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties must identify themselves, to include proper marking of signature blocks in correspondence, to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor shall ensure that all documents or reports, produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.12.1 RESERVED

1.12.2 Contractor Identification Badges: During the life of this contract, all Contractor personnel whos duties while working under this contract require their presence on site for any period of time, shall be clearly identifiable by a distinctive badge furnished by the Contractor. The Contractor (to include subcontractors) shall provide each of their employees an easily readable identification badge. The badge must include the employee’s name, the contractor’s company name, the functional area of assignment (i.e. work site), and a recent color photograph of the employee. It is the sole responsibility of the Contractor to ensure that each employee has proper identification at all times. The Contractor shall collect all ID Badges upon completion of the contract or termination of employee, and notify the Contracting Officer and Government POC/COR. Any adjustments to the badges will need to be approved by the Contracting Officer and/or Government POC/COR prior to implementing.

1.13 Contractor Travel: The Contractor will be required to travel to the NTC Fort Irwin, California, during the performance of this contract.

1.14 Other Direct Costs (ODCs): RESERVED

1.15 Data Rights: The Government has unlimited rights to all documents and materials produced under this contract. All documents and materials, to include the source codes of software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership and copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.16 Non-Disclosure Requirements: RESERVED

1.17 Protection of Government and Contract Information: Per Public Use Notice of Limitations stated by Defense imagery Management operations Center and contained at www.dimoc.mil/resources/limitations/ , the Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any hard copy or digital marketing tools to include its company website.

1.18 Non-Disclosure Statements: RESERVED

1.19 Organizational Conflict of Interest (OCI): RESERVED

1.20 Phase In /Phase Out Period: RESERVED

1.21 Safety: The following provides information pertaining to Safety and Accident Prevention:

1.21.1 Safety Laws and Regulations: The Contractor shall comply with FAR 52.236-13, Accident Prevention (November 1991), the references contained therein (e.g. U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1)

The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

(a) Before initiation of work at the job site, an Accident Prevention Plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements of EM 385-1-1;

http://www.dimoc.mil/resources/limitations/ will be reviewed for acceptance by designated Government personnel (See deliverable, A.006) Specific requirements for development of the Accident Prevention Plan are found in 01.A and Appendix A of EM 385-1-1.

EM 385-1-1 is available online at www.usace.army.mil.

(b) Before beginning each activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor performing the work activity (See paragraph 01.a.09 of EM 385-1-1);

(c) The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work;

(d) The Contractor shall discuss the plans in conferences convened by the Contracting Officer prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within fifteen (15) calendar days after award of the contract. Plans for subsequent major phases of work shall be submitted no later than fifteen (15) calendar days prior to initiation of work on each major phase; and

(e) In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

(i) Short sleeve shirt;

(ii) Long trousers;

(iii) Steel-toed safety boots; and

(iv) Hard hat.

1.21.1.1 In addition to other requirements for accident prevention specified in this contract, the Contractor shall comply with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract.

1.21.1.2 The Contractor shall complete and provide safety notifications required and will provide documented proof to the Contracting Officer via the Government POC/COR, no later than five (5 days) (See deliverable, A.005) that such notifications were made.

1.21.1.3 Defense Health Agency-Administrative Instruction (DHA-AI): The Contractor shall comply with DHA- AI 6055.01, DHA Safety Program (April 2022). The requirements under DHA 6055.01 include but are not limited to the following:

IAW DHA–AI 6055.01, Enc. 3., Para. 19.a., Department of Defense contractor employees and contractor operations are directly responsible for complying with Federal and State safety standards for its employees.

IAW DHA–AI 6055.01, Enc. 3., Para. 19.c.(1)., Contractors must comply with Federal, State, and Host Nation codes and laws and any additional specific requirements invoked by the contract.

IAW DHA–AI 6055.01, Enc. 3., Para. 19.c.(4)., Clauses outlining contractor safety requirements and responsibilities must be included in solicitations and contracts as prescribed by the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.

http://www.usace.army.mil/

1.22 Specific Tasks and Deliverables: The contractor, or contractor representative, shall report to the WACH Medical Maintenance Section Bldg. 390, Room 1401 (1D140), telephone (760) 383-5652, prior to commencing all on-site services (Preventive Maintenance Checks and Services [PMCS] and repairs) during normal operating hours, 7:30 AM to 4:30 PM PST, Monday through Friday. During other than normal operating hours, the contractor's representative shall report to the Administrative Officer of the Day (AOD) at Bldg. 390.

1.22.1 All service visits shall be coordinated between the contractor, the Medical Maintenance Technician requesting service, and the Medical Maintenance Contracting Officer Representative (COR). The COR or designated representative are the only authorized Medical Maintenance personnel that can request scheduled or unscheduled (repairs) services. Department staff or users where medical devices are located are not authorized to request scheduled or unscheduled (repair) services.

1.22.2 Any deliverables (i.e. replacement parts, supplies, tools) shall be shipped to Medical Maintenance at the address below and will be provided to the contractor upon initial check-in at the Medical Maintenance front desk.

Weed Army Community Hospital ATTN: Medical Maintenance Bldg. 390 North Loop Road Fort Irwin, CA 92310-51

1.22.3 Government Point of Contact

Mr. Royce Riel Inventory Management Specialist/CEEP Manager, Equipment Management Branch Medical Maintenance Contracting Officer Representative (COR) usarmy.irwin.medcom-wach.list.log-medical-maintenance@health.mil

(760) 383-5642

1.23 Required Training: The following provides information on training requirements.

1.23.1 Anti-Terrorism (AT) Level I Training: RESERVED

1.23.2 OPSEC Training: RESERVED

1.23.3 iWATCH Training: Contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the Government POC/COR. This training shall be completed within thirty (30) days after the contract is awarded and within thirty (30) days after new employees commence contract performance, with the results reported to the Government POC/COR (See deliverable, A.007). Verification of the training shall be provided to the Government POC/COR within five (5) after completion of the training (See deliverable, A.008). Training slides can be found on the Army OneSource website:

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

1.23.4 Information Assurance (IA) Training RESERVED

1.23.4.1 RESERVED

1.23.4.2 RESERVED

1.23.4.3 RESERVED

1.23.5 Personally Identifiable Information (PII): RESERVED

1.24 Authorization to Perform Services: RESERVED

mailto:usarmy.irwin.medcom-wach.list.log-medical-maintenance@health.mil http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

1.25 Notice to Proceed: RESERVED

1.26 Electromagnetic Compatibility Directive: RESERVED

1.27 Government Property and Services: RESERVED

1.28 Service Contract Labor Standards: The Contractor shall comply with FAR 52.222-41, Service Contract Labor Standards (August 2018). The requirements under FAR 52.222-41 include but are not limited to the following:

(a) Definitions. As used in this clause—

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

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

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR Part 4).

This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

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

(2)

(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees’ authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter67&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MS1zZWN0aW9uNjcwMg%3D%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter67&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MS1zZWN0aW9uNjcwMg%3D%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6702&num=0&edition=prelim https://www.gsa.gov/forms-library/request-authorization-additional-classification-and-rate https://www.gsa.gov/forms-library/request-authorization-additional-classification-and-rate

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.

(iv)

(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of1938, as amended.

(v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract.

(vi) Upon discovery of failure to comply with paragraph (c)(2) of this clause, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.

(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee.

(f) Successor contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1 b(b) apply or unless the Secretary of Labor or the Secretary’s authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor’s collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the work site. Failure to comply with this requirement is a violation of 41 U.S.C. 6703 and of this contract.

(h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(i) Records.

(1) The Contractor and each subcontractor performing work subject to the Service Contract Labor Standards statute shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, a record of the following:

(i) For each employee subject to the Service Contract Labor Standards statute-https://www.acquisition.gov/far/part-4#FAR_Subpart_4_1 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_11 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_11 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6703&num=0&edition=prelim

(A) Name and address and social security number;

(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;

(C) Daily and weekly hours worked by each employee; and

(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor’s employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause.

(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases.

(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the work site during normal working hours.

(j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the Service Contract Labor Standards statute all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this statute may not be of any duration longer than semi-monthly.

(k) Withholding of payments and termination of contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Service Contract Labor Standards statute all or part of the wages or fringe benefits due under the Service Contract Labor Standards statute, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms

2.1 Definitions: Although not inclusive of every term used within this PWS, the following provides a list of definitions used throughout this PWS and commonly used in the acquisition field.

Contracting Officer – means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

Government POC/Contracting Officer's Representative (COR) – As defined in DFARS 202.101, means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. DoD Instruction (DoDI) 5000.72, Part II Definitions states the following when defining a COR: “Defined in subpart 202.101 of Reference (f). Any individual delegated responsibilities pursuant to subpart 1.602-2 of Reference (e), regardless of local terminology, must be certified in accordance with this instruction. For example, local terminology can be COR, Contracting Officer’s technical representative, technical point of contact, technical representative, alternate COR, administrative COR, assistant COR, line item manager, task order manager, quality assurance personnel, quality assurance evaluator, or COR management.” In addition, Army Regulation 70-13, Chapter 2, paragraph 2-2g, states, in part, the following when providing other surveillance support personnel to assist the COR when needed, “…These other surveillance support personnel may serve as on-site representatives of the COR in performance of actual contract surveillance if they meet all COR requirements and have been appointed by the Contracting Officer as alternate CORs.”

Contractor – means a supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Contractor-acquired Property - means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract and to which the Government has title.

Day – means, unless otherwise specified, a calendar day.

Defective Service – means a service output that does not meet the standard of performance associated with the Performance Work Statement.

Deliverable – means anything that can be…