Solicitation _W912WJ20A0020.pdf
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25. TOTAL
CODE
17. ACCOUNTING AND APPROPRIATION DAT A/ LOCAL USE
36. I cert ify this account is correct and proper for payment.
6. ISSUED BY CODE
9. CONTRACTOR
CODE
18. ITEM NO. 19. SCHEDULE OF SUPPLIES/ SERVICES
26. QUANTITY IN COLUMN 20 HAS BEEN
SIGNATURE OF AUTHORIZED GOVT. REP.DATE
DAT E SIGNATURE AND TITLE OF CERTIFYING OFFICER
INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO THE
CONTRACT EXCEPT AS NOTED
37. RECEIVED AT 38. RECEIVED BY 39. DATE RECEIVED
(YYYYMMMDD)
W912WJ20A0020
1. CONTRACT/PURCH. ORDER/
AGREEMENT NO.
* If quantity accepted by the Government is same as quantity accepted below quantity ordered and encircle.
DELIVERY/16.
14. SHIP TO
W912WJ
DD Form 1155, JAN 1998 (EG) PREVIOUS EDITION MAY BE USED.
SEE SCHEDULE
2. DELIVERY ORDER/ CALL NO.
63PAGE 1 OF
5. PRIORITY
CODE
8. DELIVERY FOB
DEST
OTHER
(See Schedule if other)
MARK IF BUSINESS IS11.
SMALL
SMALL
DISADVANTAGED
WOMEN-OWNED
964145
MARK ALL
PACKAGES AND
PAPERS WITH
IDENTIFICATIO N
NUMBERS IN
BLO CKS 1 AND 2.
23. AMOUNT
27. SHIP NO. 28. DO VOUCHER NO.
PARTIAL
FINAL
32. PAID BY 33. AMOUNT VERIFIED
CORRECT FOR
31. PAYMENT
COMPLETE
34. CHECK NUMBER
PARTIAL
FINAL 35. BILL OF LADING NO.
40.TOTAL
CONTAINERS
41. S/R ACCOUNT NO. 42. S/R VOUCHER NO.
ORDER FOR SUPPLIES OR SERVICES
3. DATE OF ORDER/CALL
2020 Sep 28
4. REQ./ PURCH. REQUEST NO.
SEE ITEM 6
FACILITY 10. DELIVER TO FOB POINT BY (Date)
SEE SCHEDULE
12. DISCOUNT TERMS
Net 30 Days
13. MAIL INVOICES TO THE ADDRESS IN BLOCK
Performance Work Statement
15. PAYMENT WILL BE MADE BY CODE
FINANCE AND ACCOUNTING OFFICER
US ARMY CORPS OF ENGRS FINANCE CENTER
5722 INTEGRITY DRIVE
MILLINGTON TN 38054-5005
This delivery order/call is issued on another Govt. agency or in accordance with and subject to terms and conditions of above numbered contract.
TYPE CALL
OF PURCHASE
ORDER
SEE SCHEDULE
X
7. ADMINISTERED BY
U S ARMY ENGR DISTRICT, NEW ENGLAND
696 VIRGINIA RD
CONCORD MA 01742-2751
24. UNITED STATES OF AMERICA
TEL:
EMAIL:
CONTRACTING / ORDERING OFFICER
quantity ordered, indicate by X. If different, enter actual
BY:
1If this box is marked, supplier must sign Acceptance and return the following number of copies:X
NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE
(YYYYMMMDD)
DATE SIGNED
ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS
AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME.
Reference your quote dated
Furnish the following on terms specified herein. REF:
20. QUANTITY
ORDERED/
ACCEPTED*
21. UNIT 22. UNIT PRICE
DIFFERENCES
29.
30.
INITIALS
Section B - Supplies or Services and Prices
BID SCHEDULE
BID SCHEDULE
DESCRIPTION
UNIT YEAR 1 YEAR 2 YEAR 3
Location Photography Hour Location Photography with strobe lighting
Hour
Portrait Photography Hour Photography Assistant Hour Digital Post Production Each Travel * Hour Courier/Mailing/Deliver Fee
Each
*Travel may not exceed two (2) hours per call.
NOTE: All pricing to include all applicable costs associated with delivering photography services (INCLUDING: On rare occasions, overnight deliveries).
INSTRUCTIONS TO OFFERORS
PLEASE DIRECT QUESTIONS TO ANN MURPHY ADLEY AT (978) 318-8255 OR
ANN.M.ADLEY@USACE.ARMY.MIL. THE SOLICITATION AND RESULTING CONTRACT SHALL BE
THE GOVERNING DOCUMENT IN ALL CASES.
** QUOTES CAN BE E-MAILED TO ANN MURPHY ADLEY AT ANN.M.ADLEY@USACE.ARMY.MIL.
THE BID SCHEDULE MUST BE COMPLETED AND SUBMITTED FOR A QUOTE TO BE
CONSIDERED COMPLETE.
THE GOVERNMENT INTENDS TO AWARD UP TO THREE (3) BLANKET AGEEMENTS FROM THIS
ONE SOLICITATION.
In accordance with FAR Part 52.204-7(b)(1) Contractors must be registered in the System for Award Management (SAM) database (www.SAM.gov) to submit an offer. (Formerly the Central Contractor Registration (CCR) database and the On-Line Representations and Certifications (ORCA).) Any reference to CCR or ORCA in any clause or provision is referring to the www.sam.gov website. Please note that Google and Google Chrome are not supported browsers for SAM registration. Mozilla FireFox, Safari, and Internet Explorer are supported browsers.
NOTE: SAM.gov registration takes approximately 3 weeks (DUNS registration 1-2 business days; CAGE code validation up to 10 business days; IRS validation and overall submission 7-10 business days). It is the contractor’s responsibility to track SAM.gov registration and follow-up with required tasks.
In addition, if you are registering a new entity in SAM.gov, you must provide an original, signed notarized letter stating that you are the authorized Entity Administrator. The Entity Administrator must establish a LOGIN.GOV account using the e-mail address that will be associated with the SAM registration. See https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/sam-update for additional information.
Provide DUNS number: ___________________________ (telephone 866-705-5711 for DUNS) Provide CAGE code: ____________________________ Provide TAX ID: __________________________ Per FAR Part 52.212-3 Alt I, the Contractor is required to complete the On-line Representations and Certifications Application (www.SAM.gov) and paragraph (b) if applicable, OR to complete paragraphs (c) thru (m) of this clause and return with quote.
POTENTIAL QUOTERS ARE NOTIFIED THAT THE BASIS ON WHICH AWARD WILL BE MADE IS PRICE
ALONE.
ALL RESPONSIBLE SOURCES MAY SUBMIT A RESPONSE WHICH, IF TIMELY RECEIVED, MUST BE
CONSIDERED BY THE AGENCY.
INVOICES SHALL BE SENT TO TECHNICAL POINT OF CONTACT
BPA Master Dollar Limit: $76,500.00 BPA Call Limit: $25,000.00
Period of Performance: 28-Sep-2020 to 26-Sep-2023
PSC Codes:
T010
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
VISUAL AFFECTS STUDIO
U.S. ARMY CORPS OF ENGINEERS
NEW ENGLAND DISTRICT
CONCORD, MA
Performance Work Statement
A. General
1. Scope of work The purpose of this Blanket Purchase Agreement (BPA) is to provide an indefinite quantity of Visual Information Specialist assistance to the New England District.
The work includes supplementing visual information specialist with photographic support during large events such as the Change of Command, Retirement Parties, and Founders Day.
Contractor will provide photographic support in the absence or non-availability of the visual information (VI) specialist or when the VI specialist is already engaged in another district event.
In accordance with FAR 13.303-3(a)(2), the Government is obligated only to .the extent of authorized purchases actually made under the BPA.
No single BPA call may exceed $25,000 in total cost. The BPA Master Dollar Limit is $76,500. The intent of this BPA is to provide the Government with a cost-effective rapid response way to procure services.
2. Location The New England District comprises all six (6) New England states (Maine, Rhode Island, Massachusetts, Connecticut, Vermont, and New Hampshire). Requests for services can be for locations within any of these states.
3. Site Visit Technical Point of Contact, Brian Murphy (978) 318-8530 or (Brian.D.Murphy@usace.anny.mil).
4. Schedule.
a. The BPA will have an ordering period of thirty six (36) months after award.
b. The Contractor shall provide a quote for each BPA call request within 14 days of the initial contact by the Technical Point of Contact. The Contractor may receive additional time to provide the quote if it is pre-approved by the Technical Point of Contact.
c. Upon receipt of an executed BPA call from the Government, the Contractor shall coordinate the start of work no later than 14 calendar days after notification, or in accordance with the stated period of performance on the call.
5. Pre-Work Conference Prior to the start of any work, the Technical Point of Contact will schedule and conduct a "Pre-work Conference". The Contractor's Project Manager and Quality Control Personnel will attend this meeting. This conference will be held at the time and location agreeable to the government and contractor. No work may be performed under this contract prior to this conference. The purpose of the conference is to enable the Technical Point of Contact to outline the procedures that will be followed by the Government in its administration of the contract, and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government's administration and inspection of contract work or obtain other pertinent information that might be required. At the Pre-work conference the contractor shall provide to the name of the project superintendent with a telephone number for project coordination.
The following is a general list of items for discussion during this Pre-work Conference:
i. Authority of the Technical Point of Contact and Quality Assurance Inspectors.
ii. Contractor's Safety Program.
iii. Accident Prevention Plan (Submitted & accepted prior to start of work on site)
iv. Safety Meetings (Documented on NED Form 251)
v. Accident Reporting (ENG Form 3394)
vi. Contractor's Quality Control Plan.
vii. Contractor's Equipment (including a current written safety inspection) vm.
viii. Correspondence Procedure.
ix. Communications.
x. Administrative Procedures.
xi. Invoice and payment.
6. Payment After final inspection and acceptance by the Government, the Contractor must submit an invoice to the Technical Point of Contact. The invoice shall include the invoice date, contract number, dates of service, description of work, quantities, process, and total amount due per line item.
All invoices may be mailed to:
US Army Corps of Engineers C/O Brian Murphy 696 Virginia Rd.
Concord, MA 01742
Or emailed to:
Brian.D.Murphy@usace.army.mil
B. Technical Requirements:
1. SCOPE: the purpose of this agreement is to provide an indefinite number of appearances during the year to provide photography services as required and requested by the ACE-IT Office of the U.S. Army Corps of Engineers, New
W912WJ20A0020
England District. Photographer must have a minimum of five years of experience in photographic and ancillary services and specialized photography services to include but not limited to News (photojournalism, people, places, events for use in publications and/or audiovisual products, newspapers, journals, magazines, video, documentary, and other mediums and media), Commercial and industrial photography, Portrait and fine art, producing high quality technical expertise, creativity, and composition skills to produce and preserve images that visually tell a story or record an event in digital and printed formats for publication, online and in multiple other formats for dissemination both internally and externally.
Photographer can shoot in "camera raw" formats with deliverables provided in a 5"x7" digital format (for print publication purposes) on DVD or CD disks with a minimum resolution of 600 dpi, JPEG high quality format both in horizontal and vertical pictures before sending them in. All photographic images must be in color unless otherwise specified before event.
Service area -- Photographer must be available to travel throughout the six New England states for events.
Contractor shall furnish all equipment and labor necessary to complete each work order under this agreement. Unless otherwise directed by the government representative, no call may exceed $25,000 in total costs. An itemized quote will be required within fourteen (14) days of a normal timed event.
Types of Photographic Service (include but limited to):
Documentary and Fine Am. Photographers will serve as general photographers for the U.S. Army Corps of Engineers and may be required to document an event, take photographs for media, press releases, web and social media, project and program documentation, or portraits.
News. Photographers, also called photojournalists, will photograph people, places, and events for newspapers, journals, magazines, or websites, and visual electronic media.
In addition to taking still photos, digital video may be necessary.
Portrait. Photographer will take pictures of individuals or groups of people and usually work on location (military and corporate ceremonies, meetings, conferences, and casual) or in studio. There are typically two (2) to three (3) portraits in a 12 month period.
Commercial and Industrial. Photographers will take pictures of various subjects, such as buildings, models, merchandise, artifacts, and landscapes.
These photographs are used for a variety of purposes, including magazine covers and images to supplement analysis of engineering projects. These photographs are frequently taken on location.
Scientific. Photographers focus on the accurate visual representation of subjects and limit the use of image manipulation software for clarifying an image.
Scientific photographs record and document engineering, scientific or environmental on location.
Work will not include any highly specialized or dangerous assignments.
Work may include but is not limited to the following:
Location Photography Location photography with strobe lighting Portrait photography Travel costs (IAW Government Joint Travel Regulation) Photography assistant Digital post production Courier or mailing fee
Finished photograph products must be submitted to the Corps POC within 7-10 business days. Photographs must be submitted in JPEG format on a CD or DVD format disk only, a submission via a USB stick is not acceptable. There will be an occasional option of 24 hour turn around required during priority high visibility events - and those photographs must be shot in JPEG format. All photographs become the property of the U.S. Government.
2. SCHEDULE: Work is scheduled on an as-needed basis and each call will be for a specific date, time and event. The average number of events is four (4) in a 12- month period.
Section H - Special Contract Requirements
SECURITY REQUIREMENTS
The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the Technical Point of Contact NLT 5 calendar days after the completion of the training.
WAGE DETERMINATION
"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.: 2015-4047 Daniel W. Simms Division of | Revision No.: 13 Director Wage Determinations| Date Of Last Revision: 04/09/2020 Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2020. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
This wage determination is applicable in the following towns and cities in the state of Massachusetts:
BRISTOL COUNTY - Mansfield
ESSEX COUNTY - Lynnfield
MIDDLESEX COUNTY - Acton Arlington Bedford Belmont Boxborough Burlington Cambridge Carlisle Concord Everett Lexington Lincoln Malden Maynard Medford Melrose Newton North Reading Reading Sherborn Somerville
Stoneham Stow Wakefield Waltham Watertown Wayland Weston Wilmington Winchester Woburn
NORFOLK COUNTY - Braintree Brookline Canton Cohasset Dedham Dover Foxborough Franklin Holbrook Medfield Medway Millis Milton Needham Norfolk Norwood Quincy Randolph Sharon Stoughton Walpole Wellesley Westwood Weymouth Wrentham
PLYMOUTH COUNTY - Carver Duxbury Hanover Hingham Hull Kingston Marshfield Norwell Pembroke Plymouth Plympton Rockland Scituate
SUFFOLK COUNTY - Boston Chelsea Revere Winthrop
WORCESTER COUNTY - Berlin Bolton
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 19.06 01012 - Accounting Clerk II 21.40 01013 - Accounting Clerk III 23.95 01020 - Administrative Assistant 30.57 01035 - Court Reporter 25.25 01041 - Customer Service Representative I 16.81 01042 - Customer Service Representative II 18.91 01043 - Customer Service Representative III 20.64 01051 - Data Entry Operator I 17.37 01052 - Data Entry Operator II 18.95 01060 - Dispatcher Motor Vehicle 21.26 01070 - Document Preparation Clerk 18.84 01090 - Duplicating Machine Operator 18.84 01111 - General Clerk I 15.19 01112 - General Clerk II 16.58 01113 - General Clerk III 18.61 01120 - Housing Referral Assistant 23.44 01141 - Messenger Courier 16.42 01191 - Order Clerk I 18.82 01192 - Order Clerk II 20.54 01261 - Personnel Assistant (Employment) I 18.59 01262 - Personnel Assistant (Employment) II 20.80 01263 - Personnel Assistant (Employment) III 23.19 01270 - Production Control Clerk 27.47 01290 - Rental Clerk 17.41 01300 - Scheduler Maintenance 18.80
01311 - Secretary I 18.80 01312 - Secretary II 21.03 01313 - Secretary III 23.44 01320 - Service Order Dispatcher 19.00 01410 - Supply Technician 30.57 01420 - Survey Worker 20.34 01460 - Switchboard Operator/Receptionist 15.74 01531 - Travel Clerk I 18.36 01532 - Travel Clerk II 19.86 01533 - Travel Clerk III 21.41 01611 - Word Processor I 18.85 01612 - Word Processor II 21.16 01613 - Word Processor III 23.68 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer Fiberglass 25.21 05010 - Automotive Electrician 22.60 05040 - Automotive Glass Installer 21.60 05070 - Automotive Worker 21.60 05110 - Mobile Equipment Servicer 19.58 05130 - Motor Equipment Metal Mechanic 23.59 05160 - Motor Equipment Metal Worker 21.60 05190 - Motor Vehicle Mechanic 23.59 05220 - Motor Vehicle Mechanic Helper 18.40 05250 - Motor Vehicle Upholstery Worker 20.59 05280 - Motor Vehicle Wrecker 21.60 05310 - Painter Automotive 22.60 05340 - Radiator Repair Specialist 21.60 05370 - Tire Repairer 15.08 05400 - Transmission Repair Specialist 23.59 07000 - Food Preparation And Service Occupations 07010 - Baker 14.78 07041 - Cook I 18.23 07042 - Cook II 20.12 07070 - Dishwasher 13.72 07130 - Food Service Worker 14.28 07210 - Meat Cutter 21.77 07260 - Waiter/Waitress 13.81 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 20.05 09040 - Furniture Handler 15.90 09080 - Furniture Refinisher 20.88 09090 - Furniture Refinisher Helper 16.86 09110 - Furniture Repairer Minor 18.98 09130 - Upholsterer 20.46 11000 - General Services And Support Occupations 11030 - Cleaner Vehicles 13.92 11060 - Elevator Operator 15.52 11090 - Gardener 22.54 11122 - Housekeeping Aide 17.16 11150 - Janitor 17.16 11210 - Laborer Grounds Maintenance 18.25 11240 - Maid or Houseman 15.71 11260 - Pruner 16.78 11270 - Tractor Operator 21.20 11330 - Trail Maintenance Worker 18.25
11360 - Window Cleaner 18.67 12000 - Health Occupations 12010 - Ambulance Driver 20.41 12011 - Breath Alcohol Technician 25.57 12012 - Certified Occupational Therapist Assistant 30.96 12015 - Certified Physical Therapist Assistant 32.52 12020 - Dental Assistant 23.99 12025 - Dental Hygienist 47.23 12030 - EKG Technician 38.43 12035 - Electroneurodiagnostic Technologist 38.43 12040 - Emergency Medical Technician 20.41 12071 - Licensed Practical Nurse I 22.85 12072 - Licensed Practical Nurse II 25.57 12073 - Licensed Practical Nurse III 28.51 12100 - Medical Assistant 20.00 12130 - Medical Laboratory Technician 25.84 12160 - Medical Record Clerk 21.29 12190 - Medical Record Technician 26.20 12195 - Medical Transcriptionist 23.14 12210 - Nuclear Medicine Technologist 40.69 12221 - Nursing Assistant I 12.77 12222 - Nursing Assistant II 14.37 12223 - Nursing Assistant III 15.68 12224 - Nursing Assistant IV 17.60 12235 - Optical Dispenser 30.02 12236 - Optical Technician 19.18 12250 - Pharmacy Technician 20.80 12280 - Phlebotomist 19.02 12305 - Radiologic Technologist 36.56 12311 - Registered Nurse I 31.18 12312 - Registered Nurse II 40.19 12313 - Registered Nurse II Specialist 40.19 12314 - Registered Nurse III 48.63 12315 - Registered Nurse III Anesthetist 48.63 12316 - Registered Nurse IV 58.29 12317 - Scheduler (Drug and Alcohol Testing) 31.35 12320 - Substance Abuse Treatment Counselor 22.28 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 22.17 13012 - Exhibits Specialist II 27.46 13013 - Exhibits Specialist III 33.59 13041 - Illustrator I 24.09 13042 - Illustrator II 29.83 13043 - Illustrator III 36.50 13047 - Librarian 35.60 13050 - Library Aide/Clerk 16.11 13054 - Library Information Technology Systems 32.15 Administrator 13058 - Library Technician 23.72 13061 - Media Specialist I 22.75 13062 - Media Specialist II 24.72 13063 - Media Specialist III 27.56 13071 - Photographer I 18.65 13072 - Photographer II 20.87 13073 - Photographer III 25.85
13074 - Photographer IV 30.00 13075 - Photographer V 38.26 13090 - Technical Order Library Clerk 20.23 13110 - Video Teleconference Technician 27.40 14000 - Information Technology Occupations 14041 - Computer Operator I 19.71 14042 - Computer Operator II 22.05 14043 - Computer Operator III 24.58 14044 - Computer Operator IV 27.32 14045 - Computer Operator V 30.25 14071 - Computer Programmer I (see 1) 25.98 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 19.71 14160 - Personal Computer Support Technician 27.32 14170 - System Support Specialist 38.57 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 35.72 15020 - Aircrew Training Devices Instructor (Rated) 43.22 15030 - Air Crew Training Devices Instructor (Pilot) 51.80 15050 - Computer Based Training Specialist / Instructor 35.72 15060 - Educational Technologist 36.83 15070 - Flight Instructor (Pilot) 51.80 15080 - Graphic Artist 31.80 15085 - Maintenance Test Pilot Fixed Jet/Prop 44.47 15086 - Maintenance Test Pilot Rotary Wing 44.47 15088 - Non-Maintenance Test/Co-Pilot 44.47 15090 - Technical Instructor 29.29 15095 - Technical Instructor/Course Developer 35.83 15110 - Test Proctor 23.65 15120 - Tutor 23.65 16000 - Laundry Dry-Cleaning Pressing And Related Occupations 16010 - Assembler 13.78 16030 - Counter Attendant 13.78 16040 - Dry Cleaner 16.24 16070 - Finisher Flatwork Machine 13.78 16090 - Presser Hand 13.78 16110 - Presser Machine Drycleaning 13.78 16130 - Presser Machine Shirts 13.78 16160 - Presser Machine Wearing Apparel Laundry 13.78 16190 - Sewing Machine Operator 17.20 16220 - Tailor 17.95 16250 - Washer Machine 14.48 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 23.02 19040 - Tool And Die Maker 26.91 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 18.99 21030 - Material Coordinator 27.47 21040 - Material Expediter 27.47 21050 - Material Handling Laborer 15.89
21071 - Order Filler 17.06 21080 - Production Line Worker (Food Processing) 18.99 21110 - Shipping Packer 18.80 21130 - Shipping/Receiving Clerk 18.80 21140 - Store Worker I 14.57 21150 - Stock Clerk 18.75 21210 - Tools And Parts Attendant 18.99 21410 - Warehouse Specialist 18.99 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 36.54 23019 - Aircraft Logs and Records Technician 30.34 23021 - Aircraft Mechanic I 34.74 23022 - Aircraft Mechanic II 36.54 23023 - Aircraft Mechanic III 37.58 23040 - Aircraft Mechanic Helper 27.10 23050 - Aircraft Painter 33.27 23060 - Aircraft Servicer 30.34 23070 - Aircraft Survival Flight Equipment Technician 33.27 23080 - Aircraft Worker 31.81 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 31.81 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 34.74
II
23110 - Appliance Mechanic 24.24 23120 - Bicycle Repairer 17.00 23125 - Cable Splicer 44.08 23130 - Carpenter Maintenance 30.65 23140 - Carpet Layer 35.29 23160 - Electrician Maintenance 34.10 23181 - Electronics Technician Maintenance I 27.20 23182 - Electronics Technician Maintenance II 28.46 23183 - Electronics Technician Maintenance III 29.71 23260 - Fabric Worker 27.16 23290 - Fire Alarm System Mechanic 32.85 23310 - Fire Extinguisher Repairer 26.15 23311 - Fuel Distribution System Mechanic 36.55 23312 - Fuel Distribution System Operator 30.32 23370 - General Maintenance Worker 23.59 23380 - Ground Support Equipment Mechanic 34.74 23381 - Ground Support Equipment Servicer 30.34 23382 - Ground Support Equipment Worker 31.81 23391 - Gunsmith I 26.15 23392 - Gunsmith II 28.86 23393 - Gunsmith III 31.52 23410 - Heating Ventilation And Air-Conditioning 30.08 Mechanic 23411 - Heating Ventilation And Air Contidioning 31.29 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 31.10 23440 - Heavy Equipment Operator 34.81 23460 - Instrument Mechanic 27.54 23465 - Laboratory/Shelter Mechanic 30.19 23470 - Laborer 15.89 23510 - Locksmith 25.63 23530 - Machinery Maintenance Mechanic 28.83
23550 - Machinist Maintenance 25.63 23580 - Maintenance Trades Helper 19.59 23591 - Metrology Technician I 27.54 23592 - Metrology Technician II 28.65 23593 - Metrology Technician III 29.79 23640 - Millwright 30.81 23710 - Office Appliance Repairer 25.51 23760 - Painter Maintenance 26.66 23790 - Pipefitter Maintenance 33.73 23810 - Plumber Maintenance 32.31 23820 - Pneudraulic Systems Mechanic 31.52 23850 - Rigger 25.30 23870 - Scale Mechanic 28.86 23890 - Sheet-Metal Worker Maintenance 34.02 23910 - Small Engine Mechanic 23.18 23931 - Telecommunications Mechanic I 37.51 23932 - Telecommunications Mechanic II 39.56 23950 - Telephone Lineman 41.88 23960 - Welder Combination Maintenance 26.68 23965 - Well Driller 31.52 23970 - Woodcraft Worker 31.52 23980 - Woodworker 26.15 24000 - Personal Needs Occupations 24550 - Case Manager 15.78 24570 - Child Care Attendant 14.19 24580 - Child Care Center Clerk 17.60 24610 - Chore Aide 13.90 24620 - Family Readiness And Support Services 15.78 Coordinator 24630 - Homemaker 19.55 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 31.14 25040 - Sewage Plant Operator 28.31 25070 - Stationary Engineer 31.14 25190 - Ventilation Equipment Tender 24.29 25210 - Water Treatment Plant Operator 28.31 27000 - Protective Service Occupations 27004 - Alarm Monitor 24.26 27007 - Baggage Inspector 16.78 27008 - Corrections Officer 34.42 27010 - Court Security Officer 32.67 27030 - Detection Dog Handler 18.95 27040 - Detention Officer 34.42 27070 - Firefighter 30.91 27101 - Guard I 16.78 27102 - Guard II 18.95 27131 - Police Officer I 32.08 27132 - Police Officer II 35.65 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 16.88 28042 - Carnival Equipment Repairer 17.95 28043 - Carnival Worker 13.36 28210 - Gate Attendant/Gate Tender 17.20 28310 - Lifeguard 13.45 28350 - Park Attendant (Aide) 19.25
28510 - Recreation Aide/Health Facility Attendant 14.04 28515 - Recreation Specialist 23.84 28630 - Sports Official 15.32 28690 - Swimming Pool Operator 19.81 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 27.51 29020 - Hatch Tender 27.51 29030 - Line Handler 27.51 29041 - Stevedore I 26.29 29042 - Stevedore II 29.25 30000 - Technical Occupations 30010 - Air Traffic Control Specialist Center (HFO) (see 2) 44.42 30011 - Air Traffic Control Specialist Station (HFO) (see 2) 30.63 30012 - Air Traffic Control Specialist Terminal (HFO) (see 2) 33.73 30021 - Archeological Technician I 21.07 30022 - Archeological Technician II 23.57 30023 - Archeological Technician III 29.20 30030 - Cartographic Technician 29.20 30040 - Civil Engineering Technician 28.36 30051 - Cryogenic Technician I 29.93 30052 - Cryogenic Technician II 33.06 30061 - Drafter/CAD Operator I 21.07 30062 - Drafter/CAD Operator II 23.57 30063 - Drafter/CAD Operator III 26.27 30064 - Drafter/CAD Operator IV 32.34 30081 - Engineering Technician I 17.29 30082 - Engineering Technician II 19.42 30083 - Engineering Technician III 21.74 30084 - Engineering Technician IV 26.93 30085 - Engineering Technician V 32.93 30086 - Engineering Technician VI 38.49 30090 - Environmental Technician 29.02 30095 - Evidence Control Specialist 27.03 30210 - Laboratory Technician 27.31 30221 - Latent Fingerprint Technician I 35.22 30222 - Latent Fingerprint Technician II 38.92 30240 - Mathematical Technician 29.20 30361 - Paralegal/Legal Assistant I 20.44 30362 - Paralegal/Legal Assistant II 25.32 30363 - Paralegal/Legal Assistant III 30.97 30364 - Paralegal/Legal Assistant IV 37.46 30375 - Petroleum Supply Specialist 33.06 30390 - Photo-Optics Technician 29.20 30395 - Radiation Control Technician 33.06 30461 - Technical Writer I 28.30 30462 - Technical Writer II 34.62 30463 - Technical Writer III 41.88 30491 - Unexploded Ordnance (UXO) Technician I 28.23 30492 - Unexploded Ordnance (UXO) Technician II 34.15 30493 - Unexploded Ordnance (UXO) Technician III 40.93 30494 - Unexploded (UXO) Safety Escort 28.23 30495 - Unexploded (UXO) Sweep Personnel 28.23 30501 - Weather Forecaster I 32.34 30502 - Weather Forecaster II 39.33 30620 - Weather Observer Combined Upper Air Or (see 2) 26.27
Surface Programs 30621 - Weather Observer Senior (see 2) 29.20 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 34.15 31020 - Bus Aide 18.66 31030 - Bus Driver 24.27 31043 - Driver Courier 18.02 31260 - Parking and Lot Attendant 15.49 31290 - Shuttle Bus Driver 19.16 31310 - Taxi Driver 15.88 31361 - Truckdriver Light 19.16 31362 - Truckdriver Medium 20.17 31363 - Truckdriver Heavy 25.42 31364 - Truckdriver Tractor-Trailer 25.42 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 16.65 99030 - Cashier 12.47 99050 - Desk Clerk 14.22 99095 - Embalmer 40.21 99130 - Flight Follower 28.23 99251 - Laboratory Animal Caretaker I 19.09 99252 - Laboratory Animal Caretaker II 20.31 99260 - Marketing Analyst 34.51 99310 - Mortician 40.21 99410 - Pest Controller 23.48 99510 - Photofinishing Worker 17.95 99710 - Recycling Laborer 22.29 99711 - Recycling Specialist 25.89 99730 - Refuse Collector 20.49 99810 - Sales Clerk 13.61 99820 - School Crossing Guard 15.51 99830 - Survey Party Chief 31.00 99831 - Surveying Aide 20.51 99832 - Surveying Technician 28.19 99840 - Vending Machine Attendant 15.89 99841 - Vending Machine Repairer 18.68 99842 - Vending Machine Repairer Helper 15.89
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: $4.54 per hour up to 40 hours per week or $181.60 per week or $786.93 per month
HEALTH & WELFARE EO 13706: $4.22 per hour up to 40 hours per week or $168.80 per week or $731.47 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 ten paid holidays per year: New Year's Day Martin Luther King Jr.'s Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE
FOLLOWING:
1) COMPUTER EMPLOYEES: Under the SCA at section 8(b) this wage determination does not apply to any employee who individually qualifies as a bona fide executive administrative or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals (29 C.F.R. 541.
400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.
Additionally because job titles vary widely and change quickly in the computer industry job titles are not determinative of the application of the computer professional exemption. Therefore the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:
(1) The application of systems analysis techniques and procedures including consulting with users to determine hardware software or system functional specifications;
(2) The design development documentation analysis creation testing or modification of computer systems or programs including prototypes based on and related to user or system design specifications;
(3) The design documentation testing creation or modification of computer programs related to machine operating systems; or
(4) A combination of the aforementioned duties the performance of which requires the same level of skills. (29 C.F.R. 541.400).
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).
** HAZARDOUS PAY DIFFERENTIAL **
An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance explosives and incendiary materials. This includes work such as screening blending dying mixing and pressing of sensitive ordnance explosives and pyrotechnic compositions such as lead azide black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization modification renovation demolition and maintenance operations on sensitive ordnance explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with or in close proximity to ordnance (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands face or arms of the employee engaged in the operation irritation of the skin minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All operations involving unloading storage and hauling of ordnance explosive and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance explosives and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract by the employer by the state or local law etc.) the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition where uniform cleaning and maintenance is made the responsibility of the employee all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount or the furnishing of contrary affirmative proof as to the actual cost) reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However in those instances where the uniforms furnished are made of ""wash and wear"" materials may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor by law or by the nature of the work there is no requirement that employees be reimbursed for uniform maintenance costs.
** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the ""Service Contract Act Directory of Occupations"" Fifth Edition (Revision 1) dated September 2015 unless otherwise indicated.
** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE Standard Form 1444 (SF-1444) **
Conformance Process:
The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e. the work to be performed is not performed by any classification listed in the wage determination) be classified by the contractor so as to provide a reasonable relationship (i.e. appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification wage rate and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).
2) After contract award the contractor prepares a written report listing in order the proposed classification title(s) a Federal grade equivalency (FGE) for each proposed classification(s) job description(s) and rationale for proposed wage rate(s) including information regarding the agreement or disagreement of the authorized representative of the employees involved or where there is no authorized representative the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report of the action together with the agency's recommendations and pertinent information including the position of the contractor and the employees to the U.S.
Department of Labor Wage and Hour Division for review (See 29 CFR 4.6(b)(2)(ii)).
4) Within 30 days of receipt the Wage and Hour Division approves modifies or disapproves the action via transmittal to the agency contracting officer or notifies the contracting officer that additional time will be required to process the request.
5) The contracting officer transmits the Wage and Hour Division's decision to the contractor.
6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)).
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request the ""Service Contract Act Directory of Occupations"" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember it is not the job title but the required tasks that determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split combine or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1))."
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)
JUN 2020
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION
2020-O0008).
MAR 2020
52.222-3 Convict Labor JUN 2003 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 52.252-6 Authorized Deviations In Clauses APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC
2019)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.betasam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision--
“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional…
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