12-RP-0006- Amendment 0003- SF30 .doc

SF30 Continuation of Block Narrative

9B. Date (See Item 11)

10A. Modification of Contract/Order No.

10B. Date (See Item 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG-

MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT

IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting and Appropriation Data (if required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

Set fourth item 14, pursuant to the authority of FAR 43.103 (b)

14. Description of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

See below for amendment details:

Question 1) Section C.14 Key Personnel states that the PM has to be an U.S. Citizen. Section L (2) Key Personnel, Page 57 states that Key personnel must be a US Citizen or have a valid green card. Since the PM is the only key personnel identified in Section C.14, is it acceptable for the PM to have a green card?

Answer 1) The Project Manager must be a U.S. Citizen.

Question 2) Solicitation SB1341-12-RP-0006 requires that submissions be made in a fixed font. Fixed fonts require all characters be of identical width, yielding aesthetically displeasing results. Would NIST consider allowing the submission of responses utilizing Times New Roman font?

Answer 2) Times New Roman font is an acceptable font for document submission.

Question 3) Item 9 of STANDARD FORM 33 of the referenced solicitation says "Sealed offers in original and 6 copies". Considering the fact that offer (proposal) consists of three separate volumes (Volume I, Volume II, and Volume III), does it mean that there should be an original and 6 copies for each volume?

Answer 3) Yes. One (1) original and Six (6) copies of each volume are required.

Question 4) The directions for Item 11 of Amendment 2 state the offeror is to complete items 8 and 15. However, the last item on the page is item 14, where the questions start. I was unable to find item 15.

Answer 4) Amendments 0001 and 0002 have been reposted to show block 15, as required. Block 15 must be completed by the Contractor to acknowledge each amendment.

Question 5) Reference Section M.2 (b) (1) Page 62 and 63 of the proposal and Answer 43 of Amendment 2. If there will be no transitional or carry over requirements, do we still have to include a transition plan and will the offerors still be evaluated on transition planning?

Answer 5) NIST does not anticipate that there will be a transition period. However, there will be aspects of requirements that may need to be transitioned upon the start of a new task order. This may include the transitioning of a H1B Visa.

Question 6) Reference Answers 7(b) and 7(c) and 43 from Amendment 2. Is the Project Manager required full time from the time of award?

Question 6a) If so, will the Project Manager be allowed to be billed until there are task orders issued to support the position in indirect OH costs since there are no carryover requirements or tasks?

Answer 6a) No. The Contractor Project Manager will not be allowed to be a direct charge as there is nothing to charge against. Funding will only be provided at the task order level.

Question 6b) For Boulder, will the PM still be required 50% of the time with no initial tasks?

Answer 6b) Yes, the Project Manager must be available upon completion of the kick-off meeting required in Section C.

Question 6c) As to both locations, can the successful offeror start the on-site PMs with the award of the first task order?

Answer 6c) The Project Manager must be available upon completion of the kick-off meeting required in Section C.

Question 6d) Can the successful offeror have the PM on “stand-bye” status, as to each location, until the first task order is issued and awarded?

Answer 6d) The Project Manager must be available upon completion of the kick-off meeting required in Section C.

Question 7) Reference Answer 43 from Amendment 2. How much time does the Government anticipate until the first task orders are issued under this new requirement for Gaithersburg and Boulder, respectively?

Answer 7) This is all dependant on the award date of this contract. However, with an anticipated award in late May, it is anticipated that task orders will be awarded shortly after the award of the contracts.

Question 8) Reference the Sample Task Order from Amendment 2, Task 5 and section V. GFE. NIST is providing the necessary equipment, materials and supplies to complete the scope of work defined in the sample task order. What specific CAD program (RF/microwave circuit design tools) is NIST providing to complete the preliminary and final design as requested in Task 5?

Answer 8) HFSS or ADS Question 9) Is a list of interested company available for seeking teaming arrangements?

Answer 9) No, there is not a list of interested parties for seeking teaming arrangements.

Question 10) Amendment #2, Question #13, p.3: The Government states, "Due to the nature of this requirement, there is no information to be completed on page two (2) of the solicitation. Page two, of the solicitation, states, “Complete Section B”, which is part of Volume III." Can the Government clarify this answer--Section B is not to go into Volume I of the Offeror's solution, but only into Volume III--is that correct?

Answer 10) The rates required on pages 6-11 must be included in Volume III of your submission.

Question 11) Amendment #2, Question #28, p.5: To clarify the Government's response to Question #28, the Government means that the Offeror may propose as many project managers at its sole discretion, as long as the total number of Project Management labor hours being proposed is equivalent to one FTE or more for Gaithersburg and one-half an FTE or more for Boulder--is that correct?

Answer 11) This is a business decision.

Question 12) Amendment #2, Question #28, p.5: If it is indeed correct that more than one individual may fill the Project Manager duties in a site (see previous question), would the Government wish to see the separate resumes of all of the individuals being proposed for Project Manager?

Answer 12) Yes.

Question 13) Amendment #2, Question #28, p.5: If it is indeed correct that more than one individual may fill the Project Manager duties in a site (see previous 2 questions), would the Government also wish to see in the Offeror's proposal how many hours of each proposed individual will be assigned to the Contract?

Answer 13) This is a business decision.

Question 14) Amendment #2, Question #28, p.5: If it is indeed correct that more than one individual may fill the Project Manager duties in a site (see previous 3 questions), can the Government clarify by what measure it will assess/evaluate the project management of a set of individuals as compared to that from a single individual Project Manager?

Answer 14) Any proposed Project Manager must meet the minimum requirements set forth in Section C of the solicitation.

Question 15) Amendment #2, Question #30, p.5: Can the Government clarify the definitions of "pre-award tracking" and "post-award tracking"? What types of information is included in the tracking information.

Answer 15) Pre-award tracking, at a minimum, must include the tracking of any request for quotations received, amount quoted, date the request for quotation was received and due date of quotations. Post-award tracking, at a minimum, must include the number of task orders awarded, the amount of each task order, and task order numbers.

Question 16) Amendment #2, Questions #38a, p.6 and #43, p.7: The Government states that a certain portion of the Project Manager (full-time vs. half-time) are required in Gaithersburg and Boulder, respectively. However the Government also states that the Government will not transfer task orders with open option periods. Offerors will have a difficult time, for example, keeping a dedicated full-time Project Manager in Gaithersburg at the start of the Contract period if no task orders are transferred and only new task orders are issued. May the Project Management be charged for on an hourly basis as a separate and distinct CLIN from the other labor categories?

Answer 16) The Project Manager cannot be a direct charge.

Question 17) Amendment #2, Question #44, p.7: The Government states, "However, the Project Managers must be available to be on-site, if a need occurs." As the Government also states that the Gaithersburg Project Manager is already on-site full-time, is this sentence only referring to the Boulder Project Manager, as it would appear redundant with respect to the Gaithersburg Project Manager?

Answer 17) Yes. The Boulder PM is required half-time, but must be available if needed.

Question 18) Amendment #2, Section L.9(a)(1), p.11: The Government states with respect to the page count, "The proposal ..., not exceeding 60 pages, ..., excludes coversheet, tabs, resumes, representations and certifications, past performance references and acknowledgements of amendments." Can the Government consider excluding the Professional Compensation Plan from the page count so that an Offeror with a long standard company Professional Compensation plan can include their standard plan in its totality without the need to create an abbreviated version for the Government?

Answer 18) The professional compensation plan must be submitted as part of the 60 pages.

Question 19) Amendment #2, Section L.9(b)(1)(B)(3), p.12: Does the change in wording for this clause imply that the Government will not accept only the online ORCA representation in lieu of the written paper form?

Answer 19) Section K, of the solicitation, must be completed.

Question 20) Amendment #2, Section L.9(III)(B)(c), p.14: For Prime Contractor, the Government states that a minimum of 3 past performance citations is recommended. For Subcontractors, may it be considered that the minimum recommended by the Government is "1" past performance citation? For an offer comprised of a single Prime and 6 subcontractors, would it be acceptable if the Prime submitted three past performance citations and each subcontractor submitted one for a total of 6 subcontractor past performance citations? Would this 3+6 past performance citations be considered acceptable by the Government? This question is attempting to clarify the Government's statement that, "If the offeror intends to use subcontractor(s) for part of this requirement, then the Offeror shall also provide that organization’s past performance information." (There is no qualification for what "shall provide that organization's past performance information" means with respect to the minimum number of past performance citations recommended by the Government in order to qualify for having "provided".)

Answer 20) Past performance references must be provided for the prime contractor and all subcontractors proposed. The Government recommended a minimum of three (3) past performance references. This is a recommendation only. Offerors shall make a decision how many references to submit for each offeror, as this is a business decision.

Question 21) May an Offering Prime Contractor be a Joint Venture (JV)?

Answer 21) Yes. However, the Joint Venture must be reviewed and approved by the SBA prior to submission of proposals.

Question 22) If JV's are indeed permitted to Offer, and such a JV were composed only of two active and certified 8(a) firms, with no other JV member firms, would Government permit that the JV be a legal entity which is not officially registered with the Small Business Administration (SBA)?

Answer 22) No.

Question 23) If non-SBA-registered JV's are permitted to Offer, what are the procurement regulations which must be met in order that such a JV may submit a valid offer in the case of this particular procurement?

Answer 23) N/A

Question 24) Under the "Project Management" subsection of Section L (p. 57), the various duties of the Project Manager are set out. Would a project manager that completely meets the requirements of these duties (and has appropriate past performance) be considered acceptable by the Government even if they are not a scientist, engineer, or technician themselves?

Answer 24) The Project Manager does not have to be a scientist, engineer and/or technician. However, they must have experience managing contracts where scientists, engineers and technicians were required.

Question 25) Sample Task Order: We have observed some ambiguities and possible discrepancies in the sample task order. Does the Government prefer that an Offeror identify any such issues in their task order response and suggest a way forward?

Answer 25) The Government believes that enough information has been provided to reply to the sample task as required in the solicitation. The Offeror may submit additional information to support their response to the sample task.

Question 26) Section B.1 "LABOR CATEGORIES", pp.6-8: The Government gives a labor category description for "Technician Level I" for the Offeror to provide minimum and maximum prices for in subsection.

Question 26a) Is this labor category governed by the Service Contract Act Wage Determination for 30210 "Laboratory Technician", 30081-30086 "Engineering Technician I-VI", or any other Wage Determination labor category?

Answer 26a) The Government has determined that the Service Contract Act does apply for some of the labor categories required under the technician level. See below for details.

Question 26b) Are any of the other labor categories the Government has provided in section B.1 governed by Wage Determinations? If so, will the Government provide the suitable Wage Determination and the rules/procedures concerning this to the Offerors?

Answer 26b) The appropriate wage determination have been attached to this amendment and are hereby incorporated in to Section J of the subject RFP.

Question 27) Section L.10 "52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (FEB 1993)", p.58: Item (b) states that, “additionally, proposals envisioning compensation levels lower than those of predecessor contractors for the same work will be evaluated on the basis of maintaining program continuity, uninterrupted high-quality work, and availability of required competent professional service employees.” For a non-incumbent Offeror (i.e., one who does not know the salaries being paid to incumbent staff on tasks which may be targeted for transition from the incumbent contractors to the newly-awarded Contractor), how can the Offeror ensure that it is not proposing compensation levels lower than those of the predecessors (incumbents)?

Answer 27) How the offeror will ensure that they are not proposing compensation levels lower than those of the predecessors is unknown. The professional compensation plan will help to ensure that the proposed prices are realistic for the required professional service employees.

Question 28) Section M.2 “Evaluation Criteria”, p.63: The RFP states in (e): “the Government will evaluate the offeror’s proposed rates and prices to determine whether they are realistic, fair, and reasonable. (1) The proposed prices will be evaluated, but not rated.” Please confirm that when the Government says the prices will not be rated, this means that the prices between Offerors (either in B.1 or in the pricing of the sample task order) will not be compared in such a way that an Offeror with a lower price would have any advantage over an Offeror with a higher price, all other things being equal. If in fact a lower priced offeror would have an advantage over a higher priced offeror, then please explain in more detail how the prices would be evaluated? For example, in what weight would minimum prices in a labor category have? Maximum prices? Are the maximum prices considered ceiling prices above which the Offeror may not go on a Task Order? If minimum prices enter into the price evaluation, what is to prevent an offeror from offering an unrealistically low minimum price in order to obtain an advantage over other offerors?

Answer 28) The price evaluation will not include a rating of the proposed price (adjectival rating). However, pricing will be evaluated to determine the best value to the Government. The solicitation states, “Technical Approach, Management Approach, Experience and Past Performance, when combined, will be considered approximately equal in importance to price”. The evaluation of best value will include all non-price and price factors.

The minimum and maximum ranges proposed in section B are the minimum and maximum rates allowed to be charged for any given task order for the labor category proposed.

Reference Section L.10 for information regarding the evaluation of the professional compensation plan.

The following changes are hereby incorporated into the subject RFP:

A) In response to question # 26, the Government has determined that the Service Contract Act of 1965 applies to services/expertise that will be required at the technician level.

There are instances where the Service Contract Act will apply to the technician labor category, and instances where it does not apply. The determination will be made at the individual task level based on the specific duties described in the work statement.

Examples of Service Contract Act of 1965, as amended- Applicable Work

· Routine testing of materials and samples using prescribed techniques and standards

· Gathering and maintaining testing data

· Contributes to design and coordinates test set-ups and experiments

· Assemble or constructs simple or standard equipment , following specific instructions

Examples of non Service Contract Act of 1965, as amended-Applicable Work

· Testing of materials and samples using non-standard methods, or creation of new testing methodologies

· Supports all aspects of installation, customization, calibration of new equipment, and develops protocols and instructions for multiple users to successfully use the equipment

The following wage determinations have been added as an attachment. The prevailing wage determination has been included for both Boulder, CO and Gaithersburg, MD:

30210 Laboratory Technicians

30081-30084 Engineering Technician I-IV

FAR Clause 52.222-41 Service Contract Act of 1965, 52.222-42 Statement of Equivalent Rates for Federal Hires and 52.222-43 Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) are hereby incorporated into Section I of the subject RFP.

52.222-41, Service Contract Act of 1965:

(a) Definitions. As used in this clause—

“Act” means the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

“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 the Act 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. 356, 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, Employment Standards Administration, 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.

(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 of 1938, 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 Act 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 of 1938. 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 Act 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 4.1b(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 Parts 6 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 worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act 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 Act 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, Employment Standards Administration, a record of the following:

(i) For each employee subject to the Act—

(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 worksite during normal working hours.

(j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the Act 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 Act 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 Act all or part of the wages or fringe benefits due under the Act, 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.

(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act.

(m) Collective bargaining agreements applicable to service employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof.

(n) Seniority list. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor’s or subcontractor’s payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract.

(o) Rulings and interpretations. Rulings and interpretations of the Act are contained in Regulations, 29 CFR Part 4.

(p) Contractor’s certification.

(1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under section 5 of the Act.

(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under section 5 of the Act.

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(q) Variations, tolerances, and exemptions involving employment. Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business:

(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a)(1) or 2(b)(1) of the Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a)(2) of the Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525).

(2) The Administrator will issue certificates under the Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525).

(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR parts 525 and 528.

(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman’s rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program.

(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this provision—

(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized;

(2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received);

(3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; and

(4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act.

(t) Disputes concerning labor standards. The U.S. Department of Labor has set forth in 29 CFR parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires.

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination FOR GAITHERSBURG, MD (Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV):

_Technician Level I______ ___ZT Level I- GS-1/4___________ ____$10.60-$18.97____

_Technician Level II______ ___ZT Level II- GS-5/8___________ ____$16.33-$29.12____

_Technician Level III______ ___ZT Level III- GS-9/10_______ ____$24.74-$35.42____

_Technician Level IV______ ___ZT Level IV- GS-11/12_________ ____$29.93-$46.64____ FOR BOULDER, CO (Denver-Aurora-Boulder, CO):

_Technician Level I______ ___ZT Level I- GS-1/4___________ ____$10.45 -$18.71____

_Technician Level II______ ___ZT Level II- GS-5/8___________ ____$16.10 -$28.72____

_Technician Level III______ ___ZT Level III- GS-9/10_______ ____$24.40-$34.93____

_Technician Level IV______ ___ZT Level IV- GS-11/12_________ ____$29.52-$46.00____ (End of clause)

52.222-43 Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts).

(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.

(b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(c) The wage determination, issued under the Service Contract Act of 1965, as amended, (41 U.S.C. 351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.

(d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the Contractor’s actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of:

(1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

(2) An increased or decreased wage determination otherwise applied to the contract by operation of law; or

(3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers’ compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any relevant supporting data, including payroll records, that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates shall be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

(g) The Contracting Officer or an authorized representative shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3 years after final payment under the contract.

(End of clause) The inquiry period has ended. No further questions will be considered. The due date and time for proposals remains unchanged. All proposals must be received not later than March 27, 2012 at 3:00pm Eastern Time.

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

(Signature of Contracting Officer) 16C. Date Signed

_____________________________________________(Signature of person authorized to sign)

STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITIONS UNUSABLE

Prescribed by GSA FAR (48 CFR) 53.243