21Q0004 Amend1-2.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation Number W912HY21Q0004 is being issued as a request for quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88, effective 15 June 2016.

This is a 100% small business set-aside solicitation issued by the U.S. Army Corps of Engineers, Galveston District (SWG), 2000 Fort Point Road, Galveston, Texas 77553

The North American Industry Classification System (NAICS) code for this project is, 518210, Optical Scanning Services; size standard is $35,000,000.

DESCRIPTION OF REQUIREMENTS: The Contractor shall furnish all labor, transportation, equipment, materials, and any other items and services necessary to deliver the marine salvaging services as described in this combined/synopsis solicitation.

See the following below:

Bid Schedule (Optional) Note: You may use your own commercial quotation form or the attached Bid Schedule to submit your quotation.

Scope of Work. Scanning and shredding services as per the Performance Work

Statement

Item No.

Service Quantity Unit Unit Price

Amount

SCAN Documents & Shred

Job

Sum

Clauses and Provisions

DELIVERY – FOB Destination

US Army Corps of Engineers ATTN: Office of Counsel Deborah Leighton 2000 Fort Point Road Galveston, TX 77550

DELIVERY TIME: 60 calendar days after award of the purchase order.

THE DATE, TIME AND PLACE QUOTES ARE DUE: ELECTRONIC MAIL

QUOTATIONS ARE ACCEPTABLE. Signed and dated quotation is due by 28 May 2021 @ 10:00 a.m.

Central time.

Offerors must also be registered with the Systems for Award Management (SAM), in order to receive a government contract award. To register, the SAM internet address is:

https://www.sam.gov

GENERAL REQUIREMENTS

1.1 TECHNICAL INFORMATION (FAR 14.211)

For technical information regarding the performance work statement (PWS) submit questions in PROJNET, see paragraph 1.4 of this section for details.

1.2 OFFEROR’S QUALIFICATIONS (FAR 9.105-1)

Before a quote is considered for award, the offeror may be requested by the

Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

1.3 SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC QUOTE SUBMISSION: (FAR 14.302 & 14.304)

Quotes must be submitted via email to:

SWG-CT-Execution-Proposals@usace.army.mil not later than the response date and time indicated in the solicitation. Identify the Solicitation Number W912HY21Q0004 and Project Title in subject line of the emai1.

1.4 BIDDER INQUIRY – PROJNET (FAR 14.211)

1. Prospective Offerors should submit questions concerning this solicitation via Bidder Inquiry in ProjNet at www.projnet.org/projnet .

A. To submit and review bidder inquiry items, the offeror will need to be a current registered user or self-register into the system. To self-register, go to the aforementioned web page and click on the QUOTE tab. Select Bidder Inquiry, select agency USACE, and enter the Bidders Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user.

Verify that information on next screen is correct and click continue.

***Please Note: Offerors shall only submit one question per inquiry. Inquiries containing multiple questions may be rejected.

B. From this page, you may view all bidder inquiries or add inquiry.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

D. The Solicitation Number is: W912HY21Q0004

The Bidder Inquiry Key is: DY8BRC-9VTYMZ

2. The Bidder Inquiry System will be unavailable for new inquires one (1) calendar days prior to offer submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the PWS in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago).

The telephone number for the Call Center is 800-428-HELP.

5. Offers will be opened at the date/time stated in the solicitation.

http://www.projnet.org/projnet

Section E - Inspection and Acceptance

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

30-AUG-2021

OFFICE OF COUNSEL

DEBORAH LEIGHTON

2000 FORT POINT DR

GALVESTON TX 77553-1229

409-766-3194 FOB: Destination

9674BP

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code

Reporting

AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance

AUG 2020

52.204-19 Incorporation by Reference of Representations and

DEC 2014

Certifications.

52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor

Information

JUN 2016

Systems 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

JUL 2018

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

52.204-24 Representation Regarding Certain

Telecommunications and

OCT 2020

Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain

Telecommunications

AUG 2020

and Video Surveillance Services or Equipment.

52.204-26 Covered Telecommunications Equipment or

Services--

OCT 2020

Representation.

52.209-10 Prohibition on Contracting With Inverted

Domestic

NOV 2015

Corporations 52.209-11 Representation by Corporations Regarding

Delinquent Tax

FEB 2016

Liability or a Felony Conviction under any Federal Law

52.211-8 Time of Delivery JUN 1997 52.212-4 Contract Terms and Conditions--Commercial

Items

OCT 2018

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-55 Minimum Wages Under Executive Order 13658 NOV 2020 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated

Items in Service

AUG 2018

and Construction Contracts 52.223-19 Compliance with Environmental Management

Systems

MAY 2011

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

JUN 2020

Activities or Transactions Relating to Iran-- Representation and Certifications.

52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984

52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small

Business

DEC 2013

Subcontractors 52.233-1 Disputes MAY 2014 52.242-15 Stop-Work Order AUG 1989 52.246-1 Contractor Inspection Requirements APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.252-1 Solicitation Provisions Incorporated By

Reference

FEB 1998

252.203-7000 Requirements Relating to Compensation of Former DoD

SEP 2011

Officials 252.203-7002 Requirement to Inform Employees of

Whistleblower Rights

SEP 2013

Officials 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and

Cyber

DEC 2019

Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

MAY 2016

Support 252.204-7016 Covered Defense Telecommunications Equipment or Services

DEC 2019

-- Representation 252.204-7017 Prohibition on the Acquisition of Covered

Defense

DEC 2019

Telecommunications Equipment or Services -- Representation

252.204-7018 Prohibition on the Acquisition of Covered Defense

JAN 2021

Telecommunications Equipment or Services 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and

Receiving

DEC 2018

Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Security, Scanning Capability, then price.

Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L.

115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic

Corporations (Nov 2015). (5) 52.233-3, Protest After Award (AUG 1996)

(31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108- 78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109- 282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41

U.S.C. 2313).

(10) [Reserved]

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C.

657a).

(ii) Alternate I (MAR 2020) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020) of 52.219-4.

(13) [Reserved] x (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-6.

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (JUN 2020) of 52.219-9.

(18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

x (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

(26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

x (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

x(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

x (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

x (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

(31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ii) Alternate I (JUL 2014) of 52.222-35.

x (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(ii) Alternate I (JUL 2014) of 52.222-36.

(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

x (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

x (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

(43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-16.

x (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

x (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

x (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

x (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

(63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

x (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-- Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-- Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition

.gov/browse/index/far

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/browse/index/far

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

The agency office of the Inspector General referenced in paragraphs (c) and (d) of FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct, is the DoD Office of Inspector General at the following address:

Department of Defense Office of Inspector General, Administrative Investigations, Contractor Disclosure Program, 4800 Mark Center Drive, Suite 14L25, Alexandria, VA 22350-1500.

Toll Free Telephone: 866-429-8011. Website:

https://www.dodig.mil/Programs/Contractor-Disclosure-Program/.

INVOICE REQUIRMENTS

BASIC INSTRUCTIONS:

When you receive a contract from the U.S. Army Corps of Engineers, you should review the Contract Line Items (CLINs) to make sure you understand what you are required to deliver. Your invoices shall match the contract document’s CLINs so the Government can ensure that you are properly compensated for delivered items and/or services. The contract may allow for Progress Payments. If your contract allows for Progress Payments, you will submit your invoice to the District Contact. If your contract does not allow for Progress Payments, you shall submit all invoices to the paying office with a copy to the District Point of Contact. The paying office for the U.S. Army Corps of Engineers is as follows:

USACE Finance Center ATTN:

CEFC-AO-OP

5722 Integrity Drive Millington, TN 38054-5000

Electronic invoices should be sent to CEFC-M3invoices@usace.army.mil.

INVOICE REQUIREMENTS:

The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice MUST include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Period of performance,

(iv) Contract number, contract line item number and, if applicable, the order number;

(v) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(vi) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vii) Terms of any discount for prompt payment offered;

(viii) Name and address of official to whom payment is to be sent;

(ix) Name, title, and phone number of person to notify in http://www.dodig.mil/Programs/Contractor-Disclosure-Program/ mailto:CEFC-M3invoices@usace.army.mil event of defective invoice; and

(x) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(xi) Your small business status. If you are a Small Disadvantaged Business, make sure you indicate this on the face of the invoice.

Section L - Instructions, Conditions and Notices to Bidders

SOW

SCOPE OF WORK

FY21 SCANNING/SHREDDING SERVICE CONTRACT LEGAL FILES

OFFICE OF COUNSEL, USAGE, GALVESTON DISTRICT

I. LOCATION OF WORK

Agency/Customer is USAGE, Galveston District, Office of Counsel, 2000Point Road, Office of Counsel, Suite 321, (Jadwin Facility) Galveston, Texas 77554.

Because of heightened sensitivity of the documents to be scanned, and the lack of available space and adequate equipment for contractors to scan over a 30 to 90 day period, the contractor is required to perform off Site (Secured) scanning and shredding services. The services will be certified and come with a (warranty period of 60 days) for Agency to validate, provide a quality analysis and quality control of the services after project completion of the service contract.

II. SCOPE OF WORK

This is for a service contract for OFFSITE scanning and post-processing shredding of legal files, notebooks, memoranda, etc. There will be approximately 130 boxes of documents (various of Black and White and/or Color) to Scan then shred. There will be an additional 40 boxes od documents to just shred.

These files will be in white file boxes with lids (labeled for content on each box, numbered for contents.) An index description Will be provided by the Agency for scanning and shredding boxes for identification.

The contractor is expected to travel to the Agency's facility to secure and remove all file boxes and transport to scanning facility in one or more trips (as necessary) to complete the scanning and shredding at the contractor facility, while maintaining security over the file contents. File content are sensitive documents (i.e., legal records, notebooks, filings) associated "legal" and some files contain PII. Contractors must use a Contractor owned vehicle/truck during the transportation, ensure safe custody from the time they are picked-up. No third-party carriers will be allowed, in order to ensure the integrity of the chain of custody in transporting the documents.

Contractors' vehicle must be locked at all times unless loading and unloading cartons. If multiple trips are made to load/unload, the Contractors must have another authorized person guarding the Government materials.

The contractor will be required to provide any and all necessary computer, scanning, and shredding equipment and supplies to perform the work specified herein. As indicated below, the Agency will provide any necessary external hard drives for storage and delivery of the completed scanned and processed documents. The contractor will be required to back up the data temporarily to FTP/Cloud Site in order to preserve the data until the Agency certifies the data is scanned as described in the format, received, and accessible on the hard-drive(s).

A. DOCUMENT PREPARATION

Prior to scanning, contractor will remove all foreign material from the documents and files (i.e., staples, paperclips, rubber bands, etc.) and will not need to refasten the files, but are required to keep the order of the file contents within the labeled boxes.

B. SCANNING

The documents consist of legal-related sensitive documents and is bound by the contract which calls for protection of that information. Material consists of sensitive documents filed with DOJ (court filings) and EEO/Union documents and opinions, and associated documents.

Approximately 10% of the pages are duplex, and the remainder are one-sided.

Scanning will be in black-and-white/greyscale where the document is black-and-white;

documents with color text, markings, or images shall be scanned in color.

Approximately 90% of the documents are black and white text, and approximately 10% require color scanning. There may be 1% of documents that may be Oversized documents/maps, etc, that will require scanning. Media (CDs, NHS Tapes, etc. will not be provided to contractor for scanning, those items will be kept and handled separately by Office of Counsel.

Documents will be scanned at 300 dpi resolution.

Scanning images will be processed using optical character recognition (OCR) software, to ensure ability for full text search of the documents.

Documents not in a three-ring binder with tabbed dividers will be scanned, arranged, and labeled as follows:

1. Files will be named with the date first, followed by the document's subject or title, according to the following naming convention:

YYYY MM DD [Subject/Title/Case Name].

2. Multi-page documents stapled, clipped, or otherwise bound together but not enclosed in a binder or file folder, will be scanned as a single document, with multiple pages as necessary, and named according to the date and subject line of the top-most page.

3. All documents in a manila file folder or three-ring binder with no dividing tabs may be scanned as individual pages of a single document, with the document to be named according to the subject written on the tab of the file folder, and the date written on the file folder (if one exists) or the date of the main or top-most document in the folder.

4. Documents in a three-ring binder with tabbed dividers will be scanned and labeled as follows:

a. A folder will be created, named as [YYYY MM DD] [Subject or Title on file or binder];

b. Pages behind each tabbed divider will be scanned separately from other tabs , but all pages behind a tab will be scanned together to form a single PDF document. This document will be named consistently with the main folder's name, but with the addition of the tab's designation or title, as follows: [YYYY MM DD] [Subject or Title on Binder] - [Tab A or title on tab]. Thus, once scanning has been completed on a three- ring binder, the final product will consist of a folder named appropriately, and containing PDF files representing each tab that had been within the binder.

C. QUALITY ASSURANCE

Electronic images will undergo quality assurance (QA) initially at the beginning of the project by the Agency's POCs in Office of Counsel , to ensure the documents are adequately scanned , in accordance to the required format before proceeding with the scanning project to ensure quality images were captured and properly OCR'ed. QA process will also verify that all pages were captured to ensured that color pages were scanned in color, where required. The contractor will provide file access to the scanned documents to the Agency, at any time during the project if required in writing by the Agency. The contractor must provide the documents within 24 hours of the request.

The Agency reserves the right to request samples at a time (schedule) agreed upon by both parties to ensure the scanning requirements are met.

D. DATA PRESENTATION

The scanned documents will be provided in PDF OCR text-searchable format.

The scanned documents will be scanned to external hard drive(s), provided by the Agency, and returned to the Agency upon completion of the work. The Contractor must certify that their project is complete and allow the Agency to QA the data. The Contractor is required to store the data on secured FTP or Cloud site, until Agency confirms the scanned records are searchable and accessible.

E. DESTRUCTION OF HARDCOPY/MATERIALS

Once the scanned documents have been checked for readability and searchability, at the end of the project, the Agency/Office of Counsel POC will be contacted to confirm the QA check. Upon approval from the Agency, the scanned and checked documents in the manila file folders, binders, or other folders will be shredded by the Contractor. Any identifying title pages within the clear-view cover of a binder will also be removed and shredded. Empty three ring binders shall be discarded by the contractor.

All shredding will be completed off site, and in such a way as to maintain the confidentiality of any records in a secured area. Contractor will provide a certificate of shred service upon completion of shredding that confirms mode of shred, date and signed by the Contractor, presented as a certificate of service to the Agency.

F. SCHEDULE OF WORK

Work will be performed offsite at the secured facility, Security is required to be provided by the contractor at facility under the discretion of the contractor/facility to protect the custody of he files 24 hours a day. Agency does not have adequate facility for project, storage or equipment required for the mass scan project and due to the COVID pandemic, Agency prefers to limit contractor's access to Jadwin facility for the project duration and requires off-site scanning service, and shredding.

All scanning and shredding work within this scope of work must be completed within 120 days calendar days of notice to proceed.

Ill. CONFIDENTIAL, SENSITIVE AND PERSONALLY IDENTIFIABLE INFORMATION

The contractor shall ensure that each contractor's offices and employees with access to confidential, sensitive, private, or otherwise protected information knows the prescribed rules of conduct, and that each contractor employee is aware that he/she may be subject to criminal penalties for violations of the Privacy Act, or any other law preventing unauthorized disclosure.

Incident Reporting Requirements: If there is a breach, or a suspected breach, of personally identifiable information (PII), the incident must be reported to the Agency contract administrator within one hour of discovery.

All employee(s) working on this contract must:

- Be familiar with current information on security, privacy and confidentiality as they relate to the requirements of this contract;

- Obtain pre-screening authorization before using sensitive or critical applications pending a final suitability determination as applicable to the specifications;

- Lock or logoff their workstation/terminal prior to leaving it unattended;

- Act in an ethical, informed and trustworthy manner;

- Protect sensitive electronic and paper records;

- Be alert to threats and vulnerabilities to their systems.

Contractor's manager(s) working on this contract must:

- Monitor use of mainframes, PCs, LANs, and networked facilities to ensure compliance with national and local policies, as well as the Privacy Act statement;

- Ensure that employee screening for sensitive positions within their department has occurred prior to any individual being authorized access to sensitive or critical applications;

W912HY21Q0004

- Implement, maintain, and enforce the security standards and procedures as they appear in this contract and as outlined by the contractor;

- Contact the Agency contracting officer within 1 hour whenever a systems security violation is discovered or suspected.

Applicability: The responsibility to protect PII is the responsibility of the contractor. All contractors must insure that their employees understand these policy provisions and their duty to safeguard PII. These policy provisions include, but are not limited to, the following:

-Employees are required to have locking file cabinets or desk drawers for storage of confidential material, if applicable;

-Material is not to be taken from the production site without express permission from the Government Agency; · -Employees must safeguard and protect all Government Agency records from theft and damage while being transported to and from the scanning site.

The following list provides examples of situations where PII is not properly safeguarded:

-Leaving an unprotected computer containing Government information in a non-secure space (e.g., leaving the computer unattended in a public place, in an unlocked room, or in an unlocked vehicle);

-Leaving an unattended file containing Government information in a non-secure area(e.g., leaving the file in a break-room or on an employee's desk);

-Storing electronic. file s containing Government information on a computer or access device (flash drive, CD, etc.) That other people have access to (not password- protected).

This list does not encompass all failures to safeguard personally identifiable information but is intended to act as an alert to the contractor's employees to situations that must be avoided.

Misfeasance occurs when an employee is authorized to access Government information that contains sensitive or Personally Identifiable Information and, due to the employee's failure to exercise due care, the information is lost, stolen or inadvertently released. Whenever the contractor's employee has doubts about a specific situation involving their responsibilities for safeguarding Pl/, they should consult the Contracting Officer or the Contract Administrator.

IV. Security Access, General Protection Security Policy and Procedures:

"All contractor and all associated sub-contractors' employees shall comply with applicable installation, facility and area Commander installation/facility access and local security policies and procedures (provided by Government/Agency representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy.

SECURITY WARNING: It is the contractor's responsibility to properly safeguard Personally Identifiable Information (Pl/) from loss, theft, or inadvertent disclosure and to immediately notify the Government of any loss of personally identifiable information. Pl/ is information which can be used to distinguish or trace an individual's identity, such as their name, social security number, biometric records, etc., alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother's maiden name, etc. (Ref: 0MB Memorandum 07-16.) Other specific examples of Pl/ include, but are not limited to:

a. Personal identification number, such as passport number, driver's license number, taxpayer identification number, or financial account or credit card number.

b. Address information, such as street address or personal email address;

c. Personal characteristics, including photographic image (especially of face or other distinguishing characteristic), fingerprints, handwriting, or other biometric image or template data (e.g., retina scans, voice signature, facial geometry).

Upon Contractor accessing Government/Agency location (Jadwin

Facility):Requirements are:

• Pre-screen candidates using E-Verify Program.

• Contractors will be escorted in areas where they may be exposed to classified and/or sensitive materials/documents.

WAGE RATES

"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.: 2015-5233

Daniel W. Simms Division of | Revision No.: 16 Director Wage Determinations| Date Of Last Revision: 12/21/2020 Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.95 for calendar year 2021 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 $10.95 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 2021. 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.

State: Texas

Area: Texas Counties of Austin Brazoria Chambers Fort Bend Galveston Harris Liberty Montgomery Waller

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 16.82 01012 - Accounting Clerk II 18.87 01013 - Accounting Clerk III 21.12 01020 - Administrative Assistant 29.98 01035 - Court Reporter 29.01 01041 - Customer Service Representative I 13.07 01042 - Customer Service Representative II 14.70 01043 - Customer Service Representative III 16.04 01051 - Data Entry Operator I 15.20 01052 - Data Entry Operator II 16.59 01060 - Dispatcher Motor Vehicle 19.42 01070 - Document Preparation Clerk 15.26 01090 - Duplicating Machine Operator 15.26 01111 - General Clerk I 14.90 01112 - General Clerk II 16.26 01113 - General Clerk III 18.24 01120 - Housing Referral Assistant 22.55 01141 - Messenger Courier 14.20 01191 - Order Clerk I 18.00 01192 - Order Clerk II 19.90 01261 - Personnel Assistant (Employment) I 17.62 01262 - Personnel Assistant (Employment) II 19.72 01263 - Personnel Assistant (Employment) III 21.97 01270 - Production Control Clerk 23.68 01290 - Rental Clerk 14.75 http://www.dol.gov/whd/govcontracts

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01300 - Scheduler Maintenance 18.08 01311 - Secretary I 18.08 01312 - Secretary II 20.24 01313 - Secretary III 22.55 01320 - Service Order Dispatcher 17.36 01410 - Supply Technician 29.98 01420 - Survey Worker 17.79 01460 - Switchboard Operator/Receptionist 13.33 01531 - Travel Clerk I 14.58 01532 - Travel Clerk II 15.75 01533 - Travel Clerk III 16.83 01611 - Word Processor I 16.20 01612 - Word Processor II 18.19 01613 - Word Processor III 20.35

05000 - Automotive Service Occupations 05005 - Automobile Body Repairer Fiberglass 25.76 05010 - Automotive Electrician 23.79 05040 - Automotive Glass Installer 21.96 05070 - Automotive Worker 21.96 05110 - Mobile Equipment Servicer 20.23 05130 - Motor Equipment Metal Mechanic 25.96 05160 - Motor Equipment Metal Worker 21.96 05190 - Motor Vehicle Mechanic 25.76 05220 - Motor Vehicle Mechanic Helper 19.40 05250 - Motor Vehicle Upholstery Worker 20.83 05280 - Motor Vehicle Wrecker 21.96 05310 - Painter Automotive 23.79 05340 - Radiator Repair Specialist 22.88 05370 - Tire Repairer 14.40 05400 - Transmission Repair Specialist 25.76

07000 - Food Preparation And Service Occupations 07010 - Baker 11.75 07041 - Cook I 11.92 07042 - Cook II 13.84 07070 - Dishwasher 10.73 07130 - Food Service Worker 11.78 07210 - Meat Cutter 12.91 07260 - Waiter/Waitress 9.79

09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 18.32 09040 - Furniture Handler 11.95 09080 - Furniture Refinisher 17.70 09090 - Furniture Refinisher Helper 14.58 09110 - Furniture Repairer Minor 16.82 09130 - Upholsterer 18.32

11000 - General Services And Support Occupations 11030 - Cleaner Vehicles 12.06 11060 - Elevator Operator 11.31 11090 - Gardener 18.20 11122 - Housekeeping Aide 11.31 11150 - Janitor 11.31 11210 - Laborer Grounds Maintenance 13.69 11240 - Maid or Houseman 10.60 11260 - Pruner 12.22 11270 - Tractor Operator 16.70 11330 - Trail Maintenance Worker 13.69 11360 - Window Cleaner 12.67

12000 - Health Occupations 12010 - Ambulance Driver 17.69 12011 - Breath Alcohol Technician 20.75 12012 - Certified Occupational Therapist Assistant 35.10 12015 - Certified Physical Therapist Assistant 35.10

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12020 - Dental Assistant 17.29 12025 - Dental Hygienist 35.98 12030 - EKG Technician 25.92 12035 - Electroneurodiagnostic Technologist…