Q402--Nursing Home Services | VISN 8 Open and Continuous Solicitation

AMENDMENT

Last Updated on Tuesday, April 19, 2022

52.222-55Â Minimum Wages for Contractor Workers Under Executive Order 14026.

As prescribed in 22.1906 , insert the following clause:

Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022)

      (a) Definitions. As used in this clause

      United States means the 50 states , the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

      WorkerÂ

           (1) (i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and

                     (A) 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);

                     (B) Other than individuals employed in a bona fide executive , administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

                     (C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

                (ii) 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).

                (iii) 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.

           (2) (i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

                (ii) A worker performs in connection with a contract if the worker 's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

      (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 $15.00 per hour beginning January 30, 2022.

           (2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, 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 https://www.sam.gov (or any successor website), and a general notice on all 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 provide duplicate 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 23.230, 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 or any applicable contract establishing a minimum wage higher than the E.O. 14026 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 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

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 (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) ; and

                     (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/agencies/whd/government-contracts, 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.

           (4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 23.260 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 Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

      (f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

      (g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor , sufficient to pay workers the full amount of wages required by this clause.

      (h) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor s compliance with Department of Labor regulations at 29 CFR part 23. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors ) and the contracting agency, the Department of Labor, or the workers or their representatives.

      (i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

      (j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers .

      (k) Subcontracts . The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts , regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States .

(End of clause)

Last Updated on Friday, December 17, 2021

VHA Supplemental Contract Requirements for Combatting COVID-19

Contractor employees who work in or travel to VHA locations must comply with the following:

Documentation requirements:

If fully vaccinated, contractors shall show proof of vaccination.

NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.Â

Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.Â

Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

Pre-Solicitation Notice The Department of Veterans Affairs (VA) intends to Solicit proposals for Community Nursing Home services for Veterans Affairs Medical Centers (VAMCs) within the Veterans Integrated Service Network (VISN) 8 area, which includes the following: North Florida/South Georgia VA Healthcare System, Orlando VAMC, James A. Haley Veterans Hospital (Tampa, FL), Bay Pines VA Healthcare System, West Palm Beach VAMC, and Miami VA Healthcare System to provide community nursing home services at contractor s facilities under Indefinite Delivery-Indefinite Quantity (IDIQ) contracts. The VA intends to issue an open and continuous solicitation on or about January 15th, 2021 for a continuous period of 365 calendar days. Network Contracting Office (NCO) 8 anticipates issuance of multiple IDIQ awards. Proposals will be accepted for a one-year period commencing with the issuance date of the solicitation. Interested contractors will be responsible for downloading copies of the solicitation (and any subsequent amendments) from that website, and no hard copies will be made available. The solicitation will provide instructions to contractors about the proposal submission process. Prospective Offerors are encouraged to register their interest in the solicitation on the FBO website (https://www.beta.sam.gov) so that they are notified of the issuance of the solicitation and any amendments. In accordance with FAR 52.204-7, System for Award Management, prospective contractors must be registered in System for Award Management (SAM) and in VetBiz database if applicable (VetBiz registration is required for Service Disabled Veteran Owned Small Businesses (SDVOSB) or Veteran Owned Small Businesses (VOSB)) under the applicable NAICS. Contractors may obtain SAM information at https://www.sam.gov and VetBiz information at http://www.vip.vetbiz.gov. To be eligible for award, contractors must be registered in the SAM database. Registration is free and potential offerors are encouraged to visit the SAM website. No awards shall be made to any offeror not registered in SAM. NAICS Code is 623110 (Nursing Care Facilities) with a Small Business Size Standard of $27.5M. The classification code is Q402. The solicitation will be issued for full and open competition. Multiple awards are anticipated and will be made on an as needed basis. All responsible sources may submit proposals to be considered by the Agency. The VA will only consider proposals from contractors who are licensed by their respective State and who are Medicaid qualified. The VA is interested in facilities rated 3 stars and above (or 2 stars AND 4-5 Quality Measure stars); 1 star facilities will not be considered for award. Questions concerning this announcement should be directed to the Contract Specialist using the email link provided. Please email requests or questions directly to Daniel Speed, at the following e-mail address: Daniel.Speed@va.gov and ensure that the subject line includes the solicitation no. 36C24820R0045 and reference your site location if applicable. Contracting Office Address: Department of Veterans Affairs, Network Contracting Office (NCO 8), 8875 Hidden River, Suite 525, Tampa, FL 33637

Pre-Solicitation Notice

The Department of Veterans Affairs (VA) intends to Solicit proposals for Community Nursing Home services for Veterans Affairs Medical Centers (VAMCs) within the Veterans Integrated Service Network (VISN) 8 area, which includes the following: North Florida/South Georgia VA Healthcare System, Orlando VAMC, James A. Haley Veterans Hospital (Tampa, FL), Bay Pines VA Healthcare System, West Palm Beach VAMC, and Miami VA Healthcare System to provide community nursing home services at contractor s facilities under Indefinite Delivery-Indefinite Quantity (IDIQ) contracts.

The VA intends to issue an open and continuous solicitation on or about January 15th, 2021 for a continuous period of 365 calendar days. Network Contracting Office (NCO) 8 anticipates issuance of multiple IDIQ awards. Proposals will be accepted for a one-year period commencing with the issuance date of the solicitation. Interested contractors will be responsible for downloading copies of the solicitation (and any subsequent amendments) from that website, and no hard copies will be made available. The solicitation will provide instructions to contractors about the proposal submission process. Prospective Offerors are encouraged to register their interest in the solicitation on the FBO website (https://www.beta.sam.gov) so that they are notified of the issuance of the solicitation and any amendments.

In accordance with FAR 52.204-7, System for Award Management, prospective contractors must be registered in System for Award Management (SAM) and in VetBiz database if applicable (VetBiz registration is required for Service Disabled Veteran Owned Small Businesses (SDVOSB) or Veteran Owned Small Businesses (VOSB)) under the applicable NAICS. Contractors may obtain SAM information at https://www.sam.gov and VetBiz information at http://www.vip.vetbiz.gov. To be eligible for award, contractors must be registered in the SAM database. Registration is free and potential offerors are encouraged to visit the SAM website. No awards shall be made to any offeror not registered in SAM.

NAICS Code is 623110 (Nursing Care Facilities) with a Small Business Size Standard of $27.5M. The classification code is Q402. The solicitation will be issued for full and open competition. Multiple awards are anticipated and will be made on an as needed basis. All responsible sources may submit proposals to be considered by the Agency.

The VA will only consider proposals from contractors who are licensed by their respective State and who are Medicaid qualified. The VA is interested in facilities rated 3 stars and above (or 2 stars AND 4-5 Quality Measure stars); 1 star facilities will not be considered for award.

Questions concerning this announcement should be directed to the Contract Specialist using the email link provided. Please email requests or questions directly to Daniel Speed, at the following e-mail address: Daniel.Speed@va.gov and ensure that the subject line includes the solicitation no. 36C24820R0045 and reference your site location if applicable.

Contracting Office Address:

Department of Veterans Affairs, Network Contracting Office (NCO 8), 8875 Hidden River, Suite 525, Tampa, FL 33637