Questions_and_Answers.docx

Solicitation R14PS01008, Amendment 2

Questions and Answers

Question: Is the “Monetary Wage” of $13.55 the required minimum wage rate based on the OPM 2014 Pay Scale for GS-09-04?

Answer: No. The information provided in FAR 52.222-42 (included in FAR 52.212-5 is information only. The minimum wage is governed by the Wage Determination, included as Attachment 3. The service is considered a Recreational Activity.

Question: Should we base the five years of budget on that wage (or a higher wage we may determine) without any estimated cost of living increases in the pay scale for the four option years and, that USBR will issue a new Wage Determination for each option year that will modify the contract with the increase (or decrease) amount based on the difference between the new pay rate and the previous wage rate?

Answer: Although you are free to include any increases you wish in your proposal, with the exercise of any option years Reclamation will incorporate the most recent wage determination. In accordance with FAR 52.222-43, if there is a change in the minimum wage or fringe benefits required to be paid to employees, the contractor may request an equitable adjustment for the increase. Since this clause applies, an offeror is not required to predict the increase in order to receive an equitable adjustment if an increase occurs.

Question: Will future Wage Determinations for each option year be tied to the OPM pay scale that is updated the first of each calendar year for cost of living increases, etc. (the same scale that the $13.55 matches to for GS-4/Step 1); and, specifically, will it always be in lock-step with that pay scale - i.e. will any increase in the pay scale trigger a new Wage Determination for the next option year?

Answer: Wage Determinations are prepared and adjusted by the Department of Labor. As stated above, the information regarding OPM pay scales is informational only, and does not affect the required minimum wage. Only the identified wage determination governs the required minimum wage.

Question: The solicitation contains two different Fringe Benefit rates: the main body of the solicitation identifies a Fringe Benefit amount of $4.06 per hour, and Attachment 3: Wage Determination identifies a Fringe Benefit amount of $4.02 per hour. Will that rate be adjusted with each option year in a new Wage Determination the same as pay rates presumably will be?

Answer: The fringe benefit of $4.06 identified with FAR 52.222-42 is informational only. The required fringe benefit for health and welfare is the one identified in the Attachment 3, Wage Determination. With each change in the wage determination, there is a potential for the health and welfare amount to change. If such a change occurs, the successful contractor may request an equitable adjustment under FAR 52.222-43.

Question: Is there any requirement that prevents us from fulfilling the requirement differently based on job status - i.e. Permanent Full Time vs. Permanent Part Time vs. Seasonal/Temporary staffs so long as each tour guide receives the fringe benefit amount prescribed per hour worked? (for example, can we fulfill the fringe benefit for permanent staff with actual benefits such as health insurance, while paying the fringe benefit out as cash to Seasonal/Temporary tour guides?)

Answer: The requirement for payment of health and welfare benefits may be fulfilled in the manner you described. There is no prescribed method for fulfilling the requirement beyond providing the employee the equivalent of the required amount per hour. As you have described, this may occur by incurring the cost for providing the benefit, or in cash payment. It is not required that this be provided to all employees in the same manner.