Solicitation - W9128F23Q0024.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F23Q0024 17-Jan-2023

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 09 Feb 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9128F9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRANDON S HOBBS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 966752 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COE PROGRAMS MANAGEMENT BRANCH

LAURA STEPHENS

USA, OMAHA CENWO-PM-P

1616 CAPITOL AVE

OMAHA NE 68102-4901

TEL: 402-995-2802 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19.5M

NAICS:

541990

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF54

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9128F23Q0024

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job API Ext Tank Inspection - Fac 667

FFP

All work to conduct Kick-Off Meeting, Complete API external tank inspection, complete containment testing, UT scan, and complete DRAFT and FINAL reports.

FOB: Destination

PSC CD: H391

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job API Ext Tank Inspection - Fac 669

FFP

All work to conduct Kick-Off Meeting, Complete API external tank inspection, complete containment testing, UT scan, and complete DRAFT and FINAL reports.

PSC CD: H391

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 120 dys. ADC 1 COE PROGRAMS MANAGEMENT

BRANCH

LAURA STEPHENS

USA, OMAHA CENWO-PM-P

1616 CAPITOL AVE

OMAHA NE 68102-4901

402-995-2802

966752

0002 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

966752

PERFORMANCE WORK STATEMENT

SP-POL-CMP-INSPECT-PWS-ISP

Creech AFB, NV

Part 1

General Information

1. GENERAL:

1.1. Scope: This is a non-personnel services contract to perform inspections on

Department of Defense fuel tanks. This service entails providing an above-ground storage tank (AST) Inspection on tank(s) listed in Attachment B. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.2. Background: See attachment J for previous inspection report(s).

1.3. Objectives: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform an AST External inspection on the tank(s) as applicable at the location and tanks specified in attachment B as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.4. Period of Performance: The period of performance shall be for 120 calendar days starting at the date of contract award. Earlier completion of required services is encouraged and acceptable.

1.5. General Information

1.5.1. Quality Assurance: The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. 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 minimum acceptable defect rate(s).

1.5.2. Recognized Holidays:

New Year’s Day Martin Luther King Birthday President’s Day Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Christmas

1.5.3. Hours of Operation: The contractor is responsible for conducting business, between the hours of 0730-1630 Monday through Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Other than normal duty hours must be coordinated with the KO or his/her designated representative. The Contractor must at all times maintain an adequate workforce 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 maintain stability and continuity of the workforce.

1.5.4. Place of Performance: The work to be performed under this contract will be performed at the installation and facilities identified in Attachment B.

1.5.5. Type of Contract: The government will award a Firm Fixed Price Contract

1.5.6. Security Requirements: Reference Attachment A – General Installation Security Requirements

1.5.7. Site Access: Contractor shall coordinate with Installation personnel for access to the site. Points of contact for the installation will be provided upon award.

1.5.8. Meetings/Kick-Off Meetings: The Contractor shall coordinate with USACE

PM and conduct a kickoff meeting prior to field activities. This can be accomplished either prior to mobilization and inspection activities or onsite prior to commencement of inspection activities. The Work Plan shall be discussed, and further coordination and scheduling accomplished at this meeting. These meetings shall be at no additional cost to the government.

1.5.9. Contracting Officer Representative (COR): The (COR) will be identified by separate letter.

1.5.9.1. The 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, specification monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies assist in coordinating availability of government furnished property

A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regards to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.5.10. Key Personnel: Certified API 653 Inspector and Project Manager.

1.5.11. Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI.

The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as they deem necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.5.12. Suitability For Service: Evaluate inspection data to determine suitability for continued use. Identify conditions which pose a risk to integrity. Determine a metal loss threshold for mandatory repairs. In the determination of mandatory repairs:

Use a "first, do no harm" approach to classifying tank repairs.

Use Desired Service Interval as the time to next inspection unless notified otherwise by the Contracting Officer.

Use minimum remaining thickness (MRT) no less than 100 mils at the next inspection.

Do not classify as mandatory repair of conditions which are noncompliant with current standards but are un-related to structural or hydraulic integrity (e.g., gouge, improper weld spacing, weld profile).

Apply repair determination to individual indications. Do not average across an entire plate or course.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. 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.

2.1.2. CONTRACTING OFFICER. A person with 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.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. MANDATORY REPAIR. Action necessary to preserve or restore the structural and hydraulic integrity of the tank or piping, or to mitigate a safety hazard.

Includes any condition which has or may breach the hydraulic or structural integrity of the tank prior to the next integrity inspection.

2.1.8. PHYSICAL SECURITY. Actions that prevent the loss or damage of

Government property.

2.1.9. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.10. QUALITY ASSURANCE SURVEILANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.11. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.12. RECOMMENDED REPAIR. Action intended to extend the service life of the tank or piping and to address conditions that currently, or within the next service interval, will not have an adverse effect on tank operability or integrity.

Applicability is limited to exclude soft or elastomeric parts for any pressure containing system. Categorize in either Long Term or Short Term repairs.

2.1.13. SUBCONTRACTOR. One that enters into a contract with a prime contractor.

The Government does not have privity of contract with the subcontractor.

2.1.14. TANK INSPECTION. A multi-disciplinary engineering assessment of al petroleum, oil, and lubricant storage tank systems within or connected to the tank hydraulic boundary. Systems include nozzles, appurtenances, and conveyance systems such as piping, stilling well, valve, flow control, cathodic protection, overfill protection, spill prevention, containment, leak detection, fire suppression, gauging, ventilation, lighting, and other electrical systems.

Inspection includes a review of cathodic protection reports and relevant as-built records when available. Unless stated otherwise, the limits are the boundary of secondary containment.

2.1.15. TANK INSPECTOR. An individual certified as a fuel storage tank inspector.

The recognized certification is API Std 653.

2.1.16. WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.17. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement ANG Army National Guard AR Army Regulation AST Aboveground Storage Tank API American Petroleum Institute ATG Automatic Tank Gauging AWWA American Water Works Association CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DAF Department of the Air Force DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense EPA Environmental Protection Agency FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 IAP International Airport KO Contracting Officer MOGAS Motor Gasoline NFPA National Fire Protection Association OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RTO Returned to Operator STI Steel Tank Institute SCP Service Control Point TE Technical Exhibit UFC Unified Facilities Criteria UFGS Unified Facilities Guide Specification

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND

SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: No Government furnished items or services are required.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Equipment: The Contractor shall provide all tools and inspection equipment needed to perform the inspection and other services to be performed under the PWS.

4.2.1. Precision Equipment: Contractor is responsible to ensure all equipment to be used is certified and calibrated to the parameters and tolerances of the required equipment.

4.3. Project Inspection Management Plan (PMP): As part of the initial PMP, the

Contractor shall prepare and include a brief (< 10 pages) Work Plan, as an attachment, which will include proposed schedule, inspection activities, personnel performing inspection, required training certificates, and additional data or support requests.

4.4. Health and Safety Plan (HSP) and Accident Prevention Plan (APP): The

Contractor will prepare a Health and Safety Plan (HSP) to comply with 29 Code of Federal Regulations (CFR) 1910 and 1926 as well as applicable Military Service (Army, Air Force, or Navy), OSHA, state, host nation, and local and installation health and safety regulations regarding the proposed work effort. Qualifications for individuals who will be on-site for safety shall be submitted in the HSP.

4.4.1. The Accident Prevention Plan (APP) is required by FAR clause 52.236-13.

The APP describes the methods by which the contractor or USACE personnel will meet the safety and health requirements listed in EM 385-1-1. Entry into Confined Spaces shall comply with the requirements of 29 CFR 1910.146.

Provide additional monitoring for toxic (petroleum) vapors in addition to normal air monitoring requirements.

4.4.2. Abbreviated Accident Prevention Plans may be developed and submitted per

Form A-01 Abbreviated Accident Prevention Plan Checklist page A-13 of the EM 385-1-1. This may be submitted in order to develop a plan more specific to the work performed under this PWS but shall still comply as indicated above.

PART 5

SPECIFIC TASKS

5. Specific Tasks: Per each tank as identified in attachment B

5.1. Basic Services.

5.1.1. Perform a Tel-con kick-off meeting either prior to mobilization or the morning of the commencement of work on-site.

5.1.2. Perform an external AST inspection to include visual inspection of the containment area. The tank Inspection shall be in conformance with applicable industry standards API 653, API RP 575, NFPA 30, NFPA 326, UFGS 33 01 50.65, and in compliance with 40 CFR 112, UFC 3-460-01, UFC

3-460-03 and any other applicable federal, state, local and service. Complete the API Std 653 checklist and provide them with the DRAFT and FINAL reports. Utilize UFC 3-460-01 Table 8-1 and indicate appurtenances that are not present. Alarms, Automatic Tank Gauge equipment, and all tank appurtenances shall be tested and verified. The attached Inspection Report template should be utilized in submitting both the DRAFT and FINAL inspection reports. Contractor shall leave a clean and orderly site upon the completion of the inspection.

5.1.3. The contractor shall visually inspect containment for ability to contain the entire contents of the tank in the event of catastrophic failure, assessing for cracks, settlement, and deterioration. Record dimensions of cracks and provide photographic evidence of each deficiency. Visually assess the liner integrity and impermeability where applicable.

5.1.4. Coverage of the UT scan shall include 5 points per shell plate on the first shell course. Spot UT scans shall be made once every foot along the circumference of the tank shell within the critical zone and along the tank chime as accessible. 5 points per shell plate should also be taken along the spiral staircase for each shell course as accessible. Provide UT scans of tank shell nozzles on the first shell course and their respective reinforcements plates as applicable. Include all findings in the inspection report.

5.1.5. Provide DRAFT and FINAL inspection reports per the attached templates.

The report(s) must include a record of NDE findings with drawings depicting plate layout and thickness measurement locations, if applicable. Incorporate engineering analysis, suitability for service analysis, corrosion rate determinations, and remaining service life calculations. Provide separate report for each tank inspected. Specify the due date for the next inspection.

Include the API Std 653 inspector of record certificate number and signature.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

Steel Tank Institute (STI) SP001 Standard for the Inspection of Aboveground Storage Tanks

American Petroleum Institute (API) 653 Standard for the Tank Inspection, Repair, Alteration, and

Reconstruction

650 Welded Tanks for Oil Storage RP 575 Inspection Practices for Atmospheric and Low-pressure Storage

Tanks

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 30 Flammable and Combustible Liquids Code NFPA 70 National Electrical Code (NEC) NFPA 326 Standard for Safeguarding of Tanks and Containers for Entry, Cleaning, or Repairs

UNIFIED FACILITIES CRITERIA (UFC)

UFC 3-460-01 Design: Petroleum Fuel Facilities UFC 3-460-03 Petroleum Fuel Systems Maintenance

UNIFIED FACILITIES GUIDE SPECIFICATIONS (UFGS)

UFGS 33 01 50.55 Cleaning of Petroleum Storage Tanks UFGS 33 01 50.65 Inspection of Field Fabricated Fuel Storage Tanks UFGS 33 56 21.17 Single Wall Aboveground Fixed Roof Steel POL Storage Tank

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

40 CFR 112 EPA: Oil Pollution Prevention

PART 7

ATTACHMENT

7. Attachment/Technical Exhibit List:

7.1. Attachment A – General Installation Security Requirements

7.2. Attachment B – Fuel Storage Tank List

7.3. Attachment C – Fuel Storage Tank Data Sheet

7.4. Attachment D – Monthly Contractors Progress, Management and Status Report

7.5. Attachment E – Not Applicable

7.6. Attachment F – Not Applicable

7.7. Attachment G – Not Applicable

7.8. Attachment H – Not Applicable

7.9. Attachment I – API External Template

7.10. Attachment J.1 – Facility 667 Inspection Report ‘17

7.11. Attachment J.2 – Facility 667 OOS Inspection Report ‘13

7.12. Attachment J.3 – Facility 669 OOS Inspection Report ‘14

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

DELIVERABLES SCHEDULE

DELIVERABLE SCOPE OF

WORK

PARAGRAPH

DUE DATE

Project Inspection Management Plan/Work Plan, Accident Prevention Plan & Health and Safety Plan (Draft)

4.3 & 4.4 15 days after award

Project Inspection Management Plan/Work Plan, Accident Prevention Plan & Health and Safety Plan (Final)

4.3 & 4.4 5 days after receipt of comments

Inspection and Evaluation Report – (Draft) 5.1.5.

28 days after Field Inspection

Inspection and Evaluation Report – to include populated Attachment C Excel Sheet for each base (Final)

5.1.5.

7 days after receipt of comments

Performance Objective

Standard Performance Threshold

Method of Surveillance

PRS # 1.

Kick-Off Meeting with USACE and Stakeholders

Para. 1.5.8.

State, local, and federal requirements regulating fuel storage tanks

100% The contractor will schedule this meeting either on-site prior to commencement of work or via tel-con prior to being onsite. Submit agenda and meeting minutes to stakeholders.

PRS # 2.

On Site Inspection

Para. 5.1.2. & 5.1.3

State, local, and federal requirements regulating fuel storage tanks.

100% Random Inspection.

PRS # 3.

Provide a UT Inspection.

Para. 5.1.4.

State, local, and federal requirements regulating fuel storage tanks

100% Random Inspection.

PRS # 4.

Provide an API 653 Internal Inspection reports

Para 5.1.5.

State, local, and federal requirements regulating fuel storage tanks

100% Random Inspection.

The contractor is to provide a DRAFT and FINAL report for MCX review and comment

(End of Performance Work Statement)

SCA WAGE DETERMINATION

Service Contract Act Wage Determination No. 2015-5593, Rev. 22, 12-27-2022 is applicable to this solicitation and will be incorporated into the award document. All terms and wage rates must be complied with by the contractor. If, prior to award, an updated wage determination is released, the updated wage determination will apply to and be incorporated into the award.

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

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-5593 Daniel W. Simms Division of | Revision No.: 22 Director Wage Determinations| Date Of Last Revision: 12/27/2022

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |Executive Order 14026 generally applies to | |after January 30, 2022, or the |the contract. | |contract is renewed or extended (e.g., |The contractor must pay all covered workers | |an option is exercised) on or after |at least $16.20 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2023. | |If the contract was awarded on or |Executive Order 13658 generally applies to | |between January 1, 2015 and January 29,|the contract. | |2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $12.15 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2023. |

The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: Nevada

Area: Nevada County of Clark

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 15.72***

01012 - Accounting Clerk II 17.65 01013 - Accounting Clerk III 19.75 01020 - Administrative Assistant 31.83 01035 - Court Reporter 28.87 01041 - Customer Service Representative I 14.42*** 01042 - Customer Service Representative II 15.74*** 01043 - Customer Service Representative III 17.66 01051 - Data Entry Operator I 14.25*** 01052 - Data Entry Operator II 15.55*** 01060 - Dispatcher, Motor Vehicle 18.29 01070 - Document Preparation Clerk 15.40*** 01090 - Duplicating Machine Operator 15.40*** 01111 - General Clerk I 14.70*** 01112 - General Clerk II 16.04*** 01113 - General Clerk III 18.00 01120 - Housing Referral Assistant 20.64 01141 - Messenger Courier 17.81 01191 - Order Clerk I 15.42*** 01192 - Order Clerk II 16.82 01261 - Personnel Assistant (Employment) I 16.60 01262 - Personnel Assistant (Employment) II 18.57 01263 - Personnel Assistant (Employment) III 20.70 01270 - Production Control Clerk 21.01 01290 - Rental Clerk 14.36*** 01300 - Scheduler, Maintenance 16.55 01311 - Secretary I 16.55 01312 - Secretary II 18.51 01313 - Secretary III 20.64 01320 - Service Order Dispatcher 16.35 01410 - Supply Technician 31.83 01420 - Survey Worker 17.26 01460 - Switchboard Operator/Receptionist 14.48*** 01531 - Travel Clerk I 18.02 01532 - Travel Clerk II 19.13 01533 - Travel Clerk III 20.53 01611 - Word Processor I 14.64*** 01612 - Word Processor II 16.43 01613 - Word Processor III 18.38 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 25.48 05010 - Automotive Electrician 21.36 05040 - Automotive Glass Installer 20.44 05070 - Automotive Worker 20.44 05110 - Mobile Equipment Servicer 18.41 05130 - Motor Equipment Metal Mechanic 22.25 05160 - Motor Equipment Metal Worker 20.44 05190 - Motor Vehicle Mechanic 21.70 05220 - Motor Vehicle Mechanic Helper 17.39 05250 - Motor Vehicle Upholstery Worker 19.43 05280 - Motor Vehicle Wrecker 20.44 05310 - Painter, Automotive 21.36 05340 - Radiator Repair Specialist 20.44 05370 - Tire Repairer 15.78*** 05400 - Transmission Repair Specialist 22.25 07000 - Food Preparation And Service Occupations 07010 - Baker 16.41 07041 - Cook I 16.25 07042 - Cook II 18.04 07070 - Dishwasher 13.66*** 07130 - Food Service Worker 15.05*** 07210 - Meat Cutter 18.72 07260 - Waiter/Waitress 11.94***

09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 18.45 09040 - Furniture Handler 15.34*** 09080 - Furniture Refinisher 17.94 09090 - Furniture Refinisher Helper 16.15*** 09110 - Furniture Repairer, Minor 17.74 09130 - Upholsterer 20.45 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.26*** 11060 - Elevator Operator 16.19*** 11090 - Gardener 17.60 11122 - Housekeeping Aide 16.19*** 11150 - Janitor 16.19*** 11210 - Laborer, Grounds Maintenance 14.58*** 11240 - Maid or Houseman 16.66 11260 - Pruner 13.48*** 11270 - Tractor Operator 16.63 11330 - Trail Maintenance Worker 14.58*** 11360 - Window Cleaner 17.53 12000 - Health Occupations 12010 - Ambulance Driver 20.94 12011 - Breath Alcohol Technician 25.82 12012 - Certified Occupational Therapist Assistant 37.79 12015 - Certified Physical Therapist Assistant 33.83 12020 - Dental Assistant 18.36 12025 - Dental Hygienist 46.65 12030 - EKG Technician 35.95 12035 - Electroneurodiagnostic Technologist 35.95 12040 - Emergency Medical Technician 20.94 12071 - Licensed Practical Nurse I 23.08 12072 - Licensed Practical Nurse II 25.82 12073 - Licensed Practical Nurse III 28.78 12100 - Medical Assistant 17.75 12130 - Medical Laboratory Technician 29.04 12160 - Medical Record Clerk 19.31 12190 - Medical Record Technician 21.60 12195 - Medical Transcriptionist 18.11 12210 - Nuclear Medicine Technologist 40.21 12221 - Nursing Assistant I 12.78*** 12222 - Nursing Assistant II 14.37*** 12223 - Nursing Assistant III 15.67*** 12224 - Nursing Assistant IV 17.59 12235 - Optical Dispenser 22.54 12236 - Optical Technician 15.55*** 12250 - Pharmacy Technician 18.44 12280 - Phlebotomist 18.19 12305 - Radiologic Technologist 34.91 12311 - Registered Nurse I 28.00 12312 - Registered Nurse II 34.26 12313 - Registered Nurse II, Specialist 34.26 12314 - Registered Nurse III 41.45 12315 - Registered Nurse III, Anesthetist 41.45 12316 - Registered Nurse IV 49.67 12317 - Scheduler (Drug and Alcohol Testing) 31.99 12320 - Substance Abuse Treatment Counselor 27.08 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 26.06 13012 - Exhibits Specialist II 32.28 13013 - Exhibits Specialist III 38.84 13041 - Illustrator I 26.92 13042 - Illustrator II 33.36 13043 - Illustrator III 40.81

13047 - Librarian 36.94 13050 - Library Aide/Clerk 20.49 13054 - Library Information Technology Systems 33.36 Administrator 13058 - Library Technician 20.59 13061 - Media Specialist I 24.07 13062 - Media Specialist II 26.92 13063 - Media Specialist III 30.01 13071 - Photographer I 15.65*** 13072 - Photographer II 17.52 13073 - Photographer III 21.70 13074 - Photographer IV 26.55 13075 - Photographer V 32.11 13090 - Technical Order Library Clerk 25.75 13110 - Video Teleconference Technician 29.83 14000 - Information Technology Occupations 14041 - Computer Operator I 18.98 14042 - Computer Operator II 21.43 14043 - Computer Operator III 23.66 14044 - Computer Operator IV 26.30 14045 - Computer Operator V 29.12 14071 - Computer Programmer I 25.73 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 18.98 14160 - Personal Computer Support Technician 26.30 14170 - System Support Specialist 29.67 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 31.49 15020 - Aircrew Training Devices Instructor (Rated) 38.09 15030 - Air Crew Training Devices Instructor (Pilot) 45.67 15050 - Computer Based Training Specialist / Instructor 31.49 15060 - Educational Technologist 31.97 15070 - Flight Instructor (Pilot) 45.67 15080 - Graphic Artist 25.16 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 45.67 15086 - Maintenance Test Pilot, Rotary Wing 45.67 15088 - Non-Maintenance Test/Co-Pilot 45.67 15090 - Technical Instructor 21.79 15095 - Technical Instructor/Course Developer 26.65 15110 - Test Proctor 17.59 15120 - Tutor 17.59 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 13.80*** 16030 - Counter Attendant 13.80*** 16040 - Dry Cleaner 17.83 16070 - Finisher, Flatwork, Machine 13.80*** 16090 - Presser, Hand 13.80*** 16110 - Presser, Machine, Drycleaning 13.80*** 16130 - Presser, Machine, Shirts 13.80*** 16160 - Presser, Machine, Wearing Apparel, Laundry 13.80*** 16190 - Sewing Machine Operator 19.12 16220 - Tailor 20.45 16250 - Washer, Machine 15.13*** 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 27.89 19040 - Tool And Die Maker 32.92 21000 - Materials Handling And Packing Occupations

21020 - Forklift Operator 19.67 21030 - Material Coordinator 21.01 21040 - Material Expediter 21.01 21050 - Material Handling Laborer 14.35*** 21071 - Order Filler 14.67*** 21080 - Production Line Worker (Food Processing) 19.67 21110 - Shipping Packer 17.41 21130 - Shipping/Receiving Clerk 17.41 21140 - Store Worker I 18.37 21150 - Stock Clerk 23.03 21210 - Tools And Parts Attendant 19.67 21410 - Warehouse Specialist 19.67 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 42.31 23019 - Aircraft Logs and Records Technician 34.75 23021 - Aircraft Mechanic I 40.43 23022 - Aircraft Mechanic II 42.31 23023 - Aircraft Mechanic III 43.88 23040 - Aircraft Mechanic Helper 31.10 23050 - Aircraft, Painter 38.50 23060 - Aircraft Servicer 34.75 23070 - Aircraft Survival Flight Equipment Technician 38.50 23080 - Aircraft Worker 36.56 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 36.56 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 40.43

II

23110 - Appliance Mechanic 26.73 23120 - Bicycle Repairer 23.85 23125 - Cable Splicer 34.12 23130 - Carpenter, Maintenance 28.55 23140 - Carpet Layer 29.20 23160 - Electrician, Maintenance 32.18 23181 - Electronics Technician Maintenance I 30.10 23182 - Electronics Technician Maintenance II 31.71 23183 - Electronics Technician Maintenance III 33.28 23260 - Fabric Worker 25.17 23290 - Fire Alarm System Mechanic 28.27 23310 - Fire Extinguisher Repairer 23.85 23311 - Fuel Distribution System Mechanic 33.70 23312 - Fuel Distribution System Operator 27.44 23370 - General Maintenance Worker 22.33 23380 - Ground Support Equipment Mechanic 40.43 23381 - Ground Support Equipment Servicer 34.75 23382 - Ground Support Equipment Worker 36.56 23391 - Gunsmith I 23.85 23392 - Gunsmith II 26.47 23393 - Gunsmith III 29.27 23410 - Heating, Ventilation And Air-Conditioning 28.57 Mechanic 23411 - Heating, Ventilation And Air Contidioning 29.90 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 30.41 23440 - Heavy Equipment Operator 29.83 23460 - Instrument Mechanic 37.76 23465 - Laboratory/Shelter Mechanic 27.89 23470 - Laborer 14.35*** 23510 - Locksmith 28.55 23530 - Machinery Maintenance Mechanic 29.74 23550 - Machinist, Maintenance 23.14 23580 - Maintenance Trades Helper 20.86 23591 - Metrology Technician I 37.76

23592 - Metrology Technician II 39.52 23593 - Metrology Technician III 41.00 23640 - Millwright 36.17 23710 - Office Appliance Repairer 22.47 23760 - Painter, Maintenance 22.34 23790 - Pipefitter, Maintenance 29.51 23810 - Plumber, Maintenance 28.63 23820 - Pneudraulic Systems Mechanic 29.27 23850 - Rigger 31.00 23870 - Scale Mechanic 26.47 23890 - Sheet-Metal Worker, Maintenance 28.32 23910 - Small Engine Mechanic 21.61 23931 - Telecommunications Mechanic I 29.07 23932 - Telecommunications Mechanic II 30.43 23950 - Telephone Lineman 22.85 23960 - Welder, Combination, Maintenance 24.19 23965 - Well Driller 29.79 23970 - Woodcraft Worker 29.27 23980 - Woodworker 23.85 24000 - Personal Needs Occupations 24550 - Case Manager 18.31 24570 - Child Care Attendant 12.74*** 24580 - Child Care Center Clerk 17.75 24610 - Chore Aide 11.75*** 24620 - Family Readiness And Support Services 18.31 Coordinator 24630 - Homemaker 19.78 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 34.62 25040 - Sewage Plant Operator 41.17 25070 - Stationary Engineer 34.62 25190 - Ventilation Equipment Tender 26.64 25210 - Water Treatment Plant Operator 41.17 27000 - Protective Service Occupations 27004 - Alarm Monitor 29.99 27007 - Baggage Inspector 15.26*** 27008 - Corrections Officer 29.91 27010 - Court Security Officer 34.08 27030 - Detection Dog Handler 20.45 27040 - Detention Officer 29.91 27070 - Firefighter 38.33 27101 - Guard I 15.26*** 27102 - Guard II 20.45 27131 - Police Officer I 35.83 27132 - Police Officer II 39.81 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 13.68*** 28042 - Carnival Equipment Repairer 14.49*** 28043 - Carnival Worker 11.09*** 28210 - Gate Attendant/Gate Tender 17.90 28310 - Lifeguard 11.52*** 28350 - Park Attendant (Aide) 20.03 28510 - Recreation Aide/Health Facility Attendant 14.62*** 28515 - Recreation Specialist 24.12 28630 - Sports Official 15.95*** 28690 - Swimming Pool Operator 20.30 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 35.11 29020 - Hatch Tender 35.11 29030 - Line Handler 35.11 29041 - Stevedore I 33.37 29042 - Stevedore II 36.98

30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 41.99 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 28.95 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 31.89 30021 - Archeological Technician I 20.33 30022 - Archeological Technician II 22.74 30023 - Archeological Technician III 26.34 30030 - Cartographic Technician 28.17 30040 - Civil Engineering Technician 27.63 30051 - Cryogenic Technician I 29.17 30052 - Cryogenic Technician II 32.23 30061 - Drafter/CAD Operator I 20.33 30062 - Drafter/CAD Operator II 22.74 30063 - Drafter/CAD Operator III 25.36 30064 - Drafter/CAD Operator IV 30.87 30081 - Engineering Technician I 16.94 30082 - Engineering Technician II 19.03 30083 - Engineering Technician III 23.33 30084 - Engineering Technician IV 26.37 30085 - Engineering Technician V 32.26 30086 - Engineering Technician VI 39.04 30090 - Environmental Technician 28.05 30095 - Evidence Control Specialist 26.34 30210 - Laboratory Technician 30.15 30221 - Latent Fingerprint Technician I 31.34 30222 - Latent Fingerprint Technician II 34.61 30240 - Mathematical Technician 34.09 30361 - Paralegal/Legal Assistant I 19.01 30362 - Paralegal/Legal Assistant II 23.55 30363 - Paralegal/Legal Assistant III 28.81 30364 - Paralegal/Legal Assistant IV 34.85 30375 - Petroleum Supply Specialist 32.23 30390 - Photo-Optics Technician 28.17 30395 - Radiation Control Technician 32.23 30461 - Technical Writer I 24.90 30462 - Technical Writer II 30.47 30463 - Technical Writer III 36.86 30491 - Unexploded Ordnance (UXO) Technician I 26.69 30492 - Unexploded Ordnance (UXO) Technician II 32.29 30493 - Unexploded Ordnance (UXO) Technician III 38.70 30494 - Unexploded (UXO) Safety Escort 26.69 30495 - Unexploded (UXO) Sweep Personnel 26.69 30501 - Weather Forecaster I 29.17 30502 - Weather Forecaster II 35.48 30620 - Weather Observer, Combined Upper Air Or (see 2) 25.36 Surface Programs 30621 - Weather Observer, Senior (see 2) 27.49 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 32.29 31020 - Bus Aide 15.71*** 31030 - Bus Driver 20.01 31043 - Driver Courier 17.43 31260 - Parking and Lot Attendant 12.77*** 31290 - Shuttle Bus Driver 16.79 31310 - Taxi Driver 14.50*** 31361 - Truckdriver, Light 18.45 31362 - Truckdriver, Medium 19.47 31363 - Truckdriver, Heavy 23.54 31364 - Truckdriver, Tractor-Trailer 23.54 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 15.74*** 99030 - Cashier 11.42***

99050 - Desk Clerk 16.67 99095 - Embalmer 30.13 99130 - Flight Follower 26.69 99251 - Laboratory Animal Caretaker I 14.00*** 99252 - Laboratory Animal Caretaker II 14.82*** 99260 - Marketing Analyst 29.22 99310 - Mortician 30.13 99410 - Pest Controller 22.28 99510 - Photofinishing Worker 16.36 99710 - Recycling Laborer 22.11 99711 - Recycling Specialist 25.21 99730 - Refuse Collector 20.43 99810 - Sales Clerk 13.52*** 99820 - School Crossing Guard 15.13*** 99830 - Survey Party Chief 37.15 99831 - Surveying Aide 21.13 99832 - Surveying Technician 28.98 99840 - Vending Machine Attendant 18.29 99841 - Vending Machine Repairer 21.58 99842 - Vending Machine Repairer Helper 18.36

***Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20 per hour) or 13658 ($12.15 per hour). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 and 13658 are not currently being enforced as to contracts or contract-like instruments entered into with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.80 per hour, up to 40 hours per week, or $192.00 per week or $832.00 per month

HEALTH & WELFARE EO 13706: $4.41 per hour, up to 40 hours per week, or $176.40 per week, or $764.40 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

1) COMPUTER EMPLOYEES: This wage determination does not apply to any individual employed in a bona fide executive, administrative, or professional capacity, as defined in 29 C.F.R. Part 541. (See 41 C.F.R. 6701(3)). Because most Computer Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or at least $684 per week if paid on a salary or fee basis) likely qualify as exempt computer professionals under 29 U.S.C. 213(a)(1) and 29 U.S.C. 213(a)(17), this wage determination may not include wage rates for all occupations within those job families. In such instances, a conformance will be necessary if there are nonexempt employees in these job families working on the contract.

Job titles vary widely and change quickly in the computer industry, and are not determinative of whether an employee is an exempt computer professional. To be exempt, computer employees who satisfy the compensation requirements must also have a primary duty that consists of:

(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;

(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).

Any computer employee who meets the applicable compensation requirements and the above duties test qualifies as an exempt computer professional under both section 13(a)(1) and section 13(a)(17) of the Fair Labor Standards Act. (Field Assistance Bulletin No. 2006-3 (Dec. 14, 2006)). Accordingly, this wage determination will not apply to any exempt computer employee regardless of which of these two exemptions is utilized.

2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.

If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).

** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard

Form 1444 (SF-1444) **

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)).