Amendment_W81K04-18-R-0005-0003_(Conformed).pdf
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- Attached to
- MEDICAL OPERATIONAL DATA SYSTEMS
- Solicitation number
- W81K04-18-R-0005
- Issued by
-
Department of the Army Medical Command
About this file
This is a request for proposal for Medical Operational Data Systems support services. The Department of the Army Medical Command is soliciting proposals to provide sustainment and modernization services for the MODS system from July 2018 through June 2023. MODS is a government-owned, contractor-operated system that is strategically aligned with the Defense Business Enterprise Architecture and Military Health System Enterprise Architecture. Proposals are due by 2:00 PM on May 21, 2018 and should be submitted to the Health Readiness Contracting Office at Fort Sam Houston in Texas. The solicitation is for an indefinite delivery/indefinite quantity contract to provide program management, system operations, service desk support, and software modification services on both a firm-fixed-price and cost-reimbursement basis.
53.243The purpose of this amendment is to extend the receipt of Offer. SEE SUMMARY OF CHANGES.
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SEE ADDENDUM
(No Collect Calls)
W81K04-18-R-0005 19-Apr-2018
b. TELEPHONE NUMBER
210-221-3191
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 29 May 2018
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.
W81K049. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JEROME E. WATKINS
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 BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
W40M USA HLTH CONTRACTING ACT
CTR FOR HEALTH CARE CONTR
2199 STORAGE ST BLDG 4197 STE 68
JBSA FT SAM HOUSTON TX 78234-5074
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 W45XJ3 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
USAMITC
USAMITC
2372 HOWITZER ST BLD 2372
FORT SAM HOUSTON, TX TX 78234
TEL: FAX:
210-295-4937FAX:
TEL: 210-221-5609 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$27,500,000
NAICS:
541511
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)
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.
W81K04-18-R-00050003M ACCESS TRAINING REQUIREMENTS
Section SF 30 - BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
Please note in Block 11 above that the hour and date specified for receipt of offers is not extended.
1) All references to Exhibit E has been removed from the solicitation in its entirety and replaced with Exhibit C.
2) Exhibit C has been revised
3) Clause 52.212-1 has been updated as Follows:
Proposal Table of Contents
2. Subfactor 1A: Transition Period
3. Subfactor 1B: Program Management and Staffing
4. Subfactor 1C: System Operations Approach
5. Subfactor 1D: Service Desk Approach
6. Subfactor 1E: System Modification and Modernization Approach
7. Subfactor 1F: Corporate Experience
8. Subfactor 1G: Quality Control
Attachment 2 - Proposal File Naming Convention VOL II (Company Name) Table of Contents DDMMMYY VOL II (Company Name) Transition Period DDMMMYY VOL II (Company Name) Program Management and Staffing DDMMMYY VOL II (Company Name) System Operations Approach DDMMMYY VOL II (Company Name) Service Desk Approach DDMMMYY VOL II (Company Name) System Modification and Modernization Approach DDMMMYY VOL II (Company Name) Corporate Experience DDMMMYY VOL II (Company Name) Quality Control DDMMMYY
4) PWS Attachments have been re-titled to include Attachment and number in the heading.
5) The maximum contract order amount has been included.
6) Attachment 1, Attachment 2 and Attachment 4 have been removed from the body of this RFP document and will be included as separate attachments to this RFP to allow the full tables to display on the Word documents.
7) Every attempt has been made to highlight all changes in yellow on this amendment. In the event that some changes are not highlighted in yellow, it is ultimately the contractor's responsibility to read the entire amendment and identify any and all changes that would affect their proposals.
8) All other terms and conditions remain unchanged.
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 90 Days MODS Transition Startup
FFP
TRANSITION POP: 1 July 2018 - 30 September 2018
FOB: Destination
PSC CD: D399
NET AMT
0002 1 Each
CONTRACTOR MANPOWER REPORTING (CMR)
FFP
TRANSITION REPORTING PERIOD: 1 July 2018 - 30 September 2018.
Delivery is 31 Oct 2018.
1001 9 Months OPTION Program Management
FFP
OPTION 1 PERIOD: 01 October 2018 - 30 June 2019
1002 9 Months OPTION System Operation
FFP
OPTION 1 PERIOD: 01 October 2018 - 30 June 2019
1003 9 Months OPTION Service Desk
FFP
OPTION 1 PERIOD: 01 October 2018 - 30 June 2019
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
1004 UNDEFINED Months OPTION MSR Labor (O&M)
COST
The estimated labor hours and the proposed hourly rates in Exhibit C will form the basis for this CLIN and will be incorporated at time of award. The Government estimated labor hours by job category form the basis of this CLIN, but are not guaranteed.
OPTION 1 PERIOD: 01 October 2018 - 30 June 2019
MAX COST
UNIT UNIT PRICE MAX AMOUNT
1005 UNDEFINED Months OPTION MSR Travel/ODC (O&M)
COST
OPTION 1 PERIOD: 01 October 2018 - 30 June 2019
UNIT UNIT PRICE MAX AMOUNT
1006 UNDEFINED Months OPTION MSR Labor (RDTE)
COST
The proposed hourly rates in Exhibit C will form the basis for this CLIN and will be incorporated at time of award. The Government estimated job categories form the basis of this CLIN, but are not guaranteed.
OPTION 1 PERIOD: 01 October 2018 - 30 June 2019
1007 1 Each
OPTION CONTRACTOR MANPOWER REPORTING (CMR)
FFP
OPTION 1 REPORTING PERIOD: 01 October 2018 - 30 September 2019.
Delivery is 31 Oct 2019.
2001 12 Months OPTION Program Management
FFP
OPTION 2 PERIOD: 01 July 2019 - 30 June 2020
2002 12 Months OPTION System Operation
FFP
OPTION 2 PERIOD: 01 July 2019 - 30 June 2020
2003 12 Months OPTION Service Desk
FFP
OPTION 2 PERIOD: 01 July 2019 - 30 June 2020
2004 Months OPTION MSR Labor (O&M)
COST
The estimated labor hours and the proposed hourly rates in Exhibit C will form the basis for this CLIN and will be incorporated at time of award. The Government estimated labor hours by job category form the basis of this CLIN, but are not guaranteed.
OPTION 2 PERIOD: 01 July 2019 - 30 June 2020
ESTIMATED COST
UNIT UNIT PRICE MAX AMOUNT
2005 UNDEFINED Months OPTION MSR Travel/ODC (O&M)
COST
OPTION 2 PERIOD: 01 July 2019 - 30 June 2020
UNIT UNIT PRICE MAX AMOUNT
2006 UNDEFINED Months OPTION MSR Labor (RDTE)
COST
The estimated labor hours and the proposed hourly rates in Exhibit C will form the basis for this CLIN and will be incorporated at time of award. The Government estimated labor hours by job category form the basis of this CLIN, but are not guaranteed.
OPTION 2 PERIOD: 01 July 2019 - 30 June 2020
UNIT UNIT PRICE MAX AMOUNT
2007 50 Each
OPTION CONTRACTOR MANPOWER REPORTING (CMR)
FFP
OPTION 2 REPORTING PERIOD: 01 October 2019 - 30 September 2020.
Delivery is 31 Oct 2020.
MAX
3001 12 Months OPTION Program Management
FFP
OPTION 3 PERIOD: 01 July 2020 - 30 June 2021
3002 12 Months OPTION System Operation
FFP
OPTION 3 PERIOD: 01 July 2020 - 30 June 2021
3003 12 Months OPTION Service Desk
FFP
OPTION 3 PERIOD: 01 July 2020 - 30 June 2021
UNIT UNIT PRICE MAX AMOUNT
3004 UNDEFINED Months OPTION MSR Labor (O&M)
COST
The estimated labor hours and the proposed hourly rates in Exhibit C will form the basis for this CLIN and will be incorporated at time of award. The Government estimated labor hours by job category form the basis of this CLIN, but are not guaranteed.
OPTION 3 PERIOD: 01 July 2020 - 30 June 2021
UNIT UNIT PRICE MAX AMOUNT
3005 UNDEFINED Months OPTION MSR Travel/ODC (O&M)
COST
OPTION 3 PERIOD: 01 July 2020 - 30 June 2021
UNIT UNIT PRICE MAX AMOUNT
3006 UNDEFINED Months OPTION MSR Labor (RDTE)
COST
The estimated labor hours and the proposed hourly rates in Exhibit C will form the basis for this CLIN and will be incorporated at time of award. The Government estimated labor hours by job category form the basis of this CLIN, but are not guaranteed.
OPTION 3 PERIOD: 01 July 2020 - 30 June 2021
3007 50 Each
OPTION CONTRACTOR MANPOWER REPORTING (CMR)
FFP
OPTION 3 REPORTING PERIOD: 01 October 2020 - 30 September 2021.
Delivery is 31 Oct 2021.
4001 12 Months OPTION Program Management
FFP
OPTION 4 PERIOD: 01 July 2021 - 30 June 2022
4002 12 Months OPTION System Operation
FFP
OPTION 4 PERIOD: 01 July 2021 - 30 June 2022
4003 12 Months OPTION Service Desk
FFP
OPTION 4 PERIOD: 01 July 2021 - 30 June 2022
UNIT UNIT PRICE MAX AMOUNT
4004 UNDEFINED Months OPTION MSR Labor (O&M)
COST
The estimated labor hours and the proposed hourly rates in Exhibit C will form the basis for this CLIN and will be incorporated at time of award. The Government estimated labor hours by job category form the basis of this CLIN, but are not guaranteed.
OPTION 4 PERIOD: 01 July 2021 - 30 June 2022
UNIT UNIT PRICE MAX AMOUNT
4005 UNDEFINED Months OPTION MSR Travel/ODC (O&M)
COST
OPTION 4 PERIOD: 01 July 2021 - 30 June 2022
UNIT UNIT PRICE MAX AMOUNT
4006 UNDEFINED Months OPTION MSR Labor (RDTE)
COST
The estimated labor hours and the proposed hourly rates in Exhibit C will form the basis for this CLIN and will be incorporated at time of award. The Government estimated labor hours by job category form the basis of this CLIN, but are not guaranteed.
OPTION 4 PERIOD: 01 July 2021 - 30 June 2022
4007 50 Each
OPTION CONTRACTOR MANPOWER REPORTING (CMR)
FFP
OPTION 4 REPORTING PERIOD: 01 October 2021 - 30 September 2022 Delivery is 31 Oct 2022.
5001 12 Months OPTION Program Management
FFP
OPTION 5 PERIOD: 01 July 2022 - 30 June 2023
5002 12 Months OPTION System Operation
FFP
OPTION 5 PERIOD: 01 July 2022 - 30 June 2023
5003 12 Months OPTION Service Desk
FFP
OPTION 5 PERIOD: 01 July 2022 - 30 June 2023
UNIT UNIT PRICE MAX AMOUNT
5004 UNDEFINED Months OPTION MSR Labor (O&M)
COST
The estimated labor hours and the proposed hourly rates in Exhibit C will form the basis for this CLIN and will be incorporated at time of award. The Government estimated labor hours by job category form the basis of this CLIN, but are not guaranteed.
OPTION 5 PERIOD: 01 July 2022 - 30 June 2023
UNIT UNIT PRICE MAX AMOUNT
5005 UNDEFINED Months OPTION MSR Travel/ODC (O&M)
COST
OPTION 5 PERIOD: 01 July 2022 - 30 June 2023
UNIT UNIT PRICE MAX AMOUNT
5006 UNDEFINED Months OPTION MSR Labor (RDTE)
COST
The estimated labor hours and the proposed hourly rates in Exhibit C will form the basis for this CLIN and will be incorporated at time of award. The Government estimated labor hours by job category form the basis of this CLIN, but are not guaranteed.
OPTION 5 PERIOD: 01 July 2022 - 30 June 2023
5007 50 Each
OPTION CONTRACTOR MANPOWER REPORTING (CMR)
FFP
OPTION 5 REPORTING PERIOD: 01 October 2022 - 30 September 2023.
Delivery is 31 Oct 2023.
ORDERING INSTRUCTIONS
The Health Readiness Contracting Office (HRCO) Army Services Branch (ASB) is responsible for administration of the basic Medical Operational Data Systems (MODS) Support Services contract. All task orders will be placed by
HRCO ASB.
MINIMUM & MAXIMUM
The maximum estimated amount for the MODS, Single Award Indefinite Delivery/Indefinite Quantity (IDIQ) contract (Base plus Extension of Services (6 months) if exercised) is $48,600,000. 00.
The minimum guarantee for this IDIQ awarded contract is $3,000.00. The guaranteed minimum for this contract will be satisfied through payments made against Firm Fixed-Price CLINs 0001-0002 of this contract.
IDIQ PLUG FIGURES
*** IMPORTANT ***
Note: The contractor is required to INCLUDE in its proposal, the following estimates for the Medical Operational Data Systems (MODS) Service Request (MSR) Labor (X004 & X0006) and Travel (X0005) Contract Line Item Numbers (CLINs) for the performance period identified.
BASE PERIOD: ESTIMATED
1004: IDIQ MODS MSR Labor (O&M) $2,384,000.00 1005: IDIQ MODS Travel (O&M) $20,000.00 1006: IDIQ MODS MSR Labor (RDT&E) $2,032,000.00 2004: IDIQ MODS MSR Labor (O&M) $2,440,000.00 2005: IDIQ MODS Travel (O&M) $20,000.00 2006: IDIQ MODS MSR Labor (RDT&E) $2,059,000.00 3004: IDIQ MODS MSR Labor (O&M) $2,508,000.00 3005: IDIQ MODS Travel (O&M) $20,000.00 3006: IDIQ MODS MSR Labor (RDT&E) $2,086,000.00 4004: IDIQ MODS MSR Labor (O&M) $2,548,000.00 4005: IDIQ MODS Travel (O&M) $20,000.00 4006: IDIQ MODS MSR Labor (RDT&E) $2,142,000.00 5004: IDIQ MODS MSR Labor (O&M) $2,590,000.00 5005: IDIQ MODS Travel (O&M) $20,000.00 5006: IDIQ MODS MSR Labor (RDT&E) $2,199.000.00
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
1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government 4007 Destination Government Destination Government 5001 Destination Government Destination Government 5002 Destination Government Destination Government 5003 Destination Government Destination Government 5004 Destination Government Destination Government 5005 Destination Government Destination Government 5006 Destination Government Destination Government 5007 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-JUL-2018 TO
30-SEP-2018
N/A USAMITC
USAMITC
2372 HOWITZER ST BLD 2372
FORT SAM HOUSTON, TX TX 78234
W45XJ3
0002 31-OCT-2018 1 (SAME AS PREVIOUS LOCATION)
1001 POP 01-OCT-2018 TO
30-JUN-2019
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1007 31-OCT-2019 1 (SAME AS PREVIOUS LOCATION)
2001 POP 01-JUL-2019 TO
30-JUN-2020
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-JUL-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-JUL-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-JUL-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-JUL-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 POP 01-JUL-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
2007 31-OCT-2020 50 (SAME AS PREVIOUS LOCATION)
3001 POP 01-JUL-2020 TO
30-JUN-2021
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-JUL-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-JUL-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-JUL-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 01-JUL-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3006 POP 01-JUL-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
3007 31-OCT-2021 50 (SAME AS PREVIOUS LOCATION)
4001 POP 01-JUL-2021 TO
30-JUN-2022
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-JUL-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-JUL-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 01-JUL-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 01-JUL-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
4006 POP 01-JUL-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
4007 31-OCT-2022 50 (SAME AS PREVIOUS LOCATION)
5001 POP 01-JUL-2022 TO
30-JUN-2023
N/A (SAME AS PREVIOUS LOCATION)
5002 POP 01-JUL-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
5003 POP 01-JUL-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
5004 POP 01-JUL-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
5005 POP 01-JUL-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
5006 POP 01-JUL-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
5007 31-OCT-2023 50 (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
ADDENDUM TO 52.212-4
(w) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.
(End of Addendum)
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-14 Display of Hotline Poster(s) OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.216-5 Price Redetermination--Prospective OCT 1997 52.216-7 Allowable Cost And Payment JUN 2013 52.216-11 Cost Contract--No Fee APR 1984 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business
Set-Aside
NOV 2011
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-2 Payment For Overtime Premiums JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime
Compensation
MAY 2014
52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option Contracts)
MAY 2014
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-53 Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services--Requirements
MAY 2014
52.222-54 Employment Eligibility Verification OCT 2015 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer
Products
OCT 2015
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-10 Filing Of Patent Applications--Classified Subject Matter DEC 2007 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-2 Payments Under Fixed-Price Research And Development
Contracts
APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-15 Progress Payments Not Included APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-20 Limitation Of Cost APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014
52.232-33 Payment by Electronic Funds Transfer--System for Award Management
JUL 2013
52.232-37 Multiple Payment Arrangements MAY 1999 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 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-7 Notification Of Changes JAN 2017 52.244-2 Subcontracts OCT 2010 52.244-6 Subcontracts for Commercial Items JAN 2017 52.245-1 Government Property JAN 2017 52.245-1 Alt I Government Property (JAN 2017) Alternate I APR 2012 52.245-2 Government Property Installation Operation Services APR 2012 52.245-9 Use And Charges APR 2012 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.245-9 Use And Charges APR 2012 52.246-7 Inspection Of Research And Development Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-4 Termination For Convenience Of The Government (Services) (Short Form)
APR 1984
52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.215-7000 Pricing Adjustments DEC 2012 252.216-7009 Allowability of Legal Costs Incurred in Connection With a
Whistleblower Proceeding
SEP 2013
252.217-7027 Contract Definitization DEC 2012 252.223-7004 Drug Free Work Force SEP 1988 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7014 Rights in Noncommercial Computer Software and
Noncommercial Computer Software Documentation
FEB 2014
252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016 252.227-7020 Rights In Special Works JUN 1995 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to become Property of Government MAR 1979 252.227-7025 Limitations on the Use or Disclosure of Government-
Furnished Information Marked with Restrictive Legends
MAY 2013
252.227-7026 Deferred Delivery Of Technical Data Or Computer Software APR 1988 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government
JUN 1995
252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.246-7001 Warranty Of Data MAR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
(a) Definitions. As used in this clause--
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).
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-2.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
(End of clause)
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Award through 30 June 2023; 31 December 2023, if the clause 52.217-8, Option to Extend Services is exercised.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00 (insert dollar figure or quantity), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor -
(1) Any order for a single item in excess of $5,000,000.00;
(2) Any order for a combination of items in excess of $13,500,000.00 ; or
(3) A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 June 2024; 31 December 2024, if the clause 52.217-8, Option to Extend Services is exercised.
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days before the contract expires.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 10 calendar days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 541511- assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Employee Class Monetary Wage-Fringe Benefits
Enterprise Project Manager GS15 $57.90 $20.99 Technical Writer GS15 $57.90 $20.99 Deputy Project Manager GS14 $49.22 $17.84 Web Software Developer GS14 $49.22 $17.84 Database Administrator GS14 $49.22 $17.84 Business System Analyst GS14 $49.22 $17.84 Information Security Specialist GS14 $49.22 $17.84 Systems Engineer GS14 $49.22 $17.84 IT Technical Manager GS14 $49.22 $17.84 Mainframe System Programmer GS14 $49.22 $17.84 Information Systems Training Manager GS14 $49.22 $17.84 Database Analyst/Programmer GS13 $41.67 $15.11 Quality Control Analyst GS13 $41.67 $15.11
System Administrator GS13 $41.67 $15.11 Help Desk, Tier III / Manager GS13 $41.67 $15.11 Information Systems Training Specialist GS12 $35.03 $12.70 Interfact Manager GS12 $35.03 $12.70 Configuration Management Specialist GS11 $29.22 $10.59 Help Desk, Tier II GS11 $29.22 $10.59 Documentation Specialist GS09 $24.15 $8.75 Help Desk, Tier I GS09 $24.15 $8.75 Computer Operator GS08 $21.87 $7.93 Clerical GS07 $19.75 $7.16
52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)
``United States'' means the 50 states and the District of Columbia.
``Worker''--
(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and --
(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);
(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541;
(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.
(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).
(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.
(b) Executive Order minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.
(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site), and a general notice on all http://www.wdol.gov/ wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.
(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.
(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).
Contractors shall consider any subcontractor requests for such price adjustment.
(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provideduplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.
(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.
(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.
(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.
(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.
(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.
(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.
(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--
(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.
214(c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.
(2) This clause does not apply to--
(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;
(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--
(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).
(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).
(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).
(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.
(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:
(i) Name, address, and social security number;
(ii) The worker's occupation(s) or classification(s);
(iii) The rate or rates of wages paid;
(iv) The number of daily and weekly hours worked by each worker;
(v) Any deductions made; and
(vi) Total wages paid.
(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.
(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.
http://www.dol.gov/whd/govcontracts
(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.
(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage…
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