SOLICITATION NOTICE
U -- NON-PERSONAL EDUCATIONAL SUPPORT SERVICES FOR SCIENCE MODULES FOR THE NOAA FISHERIES SCIENCE CAMP INTO CLASSROOM KIT LESSONS - WORD VERSION OF POSTING
- Notice Date
- 8/13/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 611710
— Educational Support Services
- Contracting Office
- Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division-Boulder, 325 Broadway - MC3, Boulder, Colorado, 80305-3328, United States
- ZIP Code
- 80305-3328
- Solicitation Number
- NFFT5000-15-04058SRG
- Archive Date
- 8/26/2015
- Point of Contact
- Suzanne A Romberg-Garrett, Phone: 303-497-5110, ,
- E-Mail Address
-
suzanne.garrett@noaa.gov,
(suzanne.garrett@noaa.gov, /div)
- Small Business Set-Aside
- Total Small Business
- Description
- WORD VERSION OF POSTING COMBINED SYNOPSIS/SOLICITATION NON-PERSONAL EDUCATIONAL SUPPORT SERVICES FOR SCIENCE MODULES FOR THE NOAA FISHERIES SCIENCE CAMP INTO CLASSROOM KIT LESSONS (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NFFT5000-15-04058SRG. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83. (IV) This solicitation is being issued as a total small business set-aside. The associated NAICS code is 611710. The small business size standard is $15.0 MILLION. (V) This combined solicitation/synopsis is for purchase of the following commercial services and products: 0001 NON-PERSONAL EDUCATIONAL SUPPORT SERVICES INCLUDING PROVIDING ALL SERVICES, MATERIALS, DRAWINGS AND/OR SPECIFICATIONS, SUPERVISION, AND ALL OTHER ITEMS NECESSARY TO DEVELOP EACH OF THE SCIENCE MODULES FROM THE NOAA FISHERIES SCIENCE CAMP INTO CLASSROOM KIT LESSONS IN ACCORDANCE WITH TERMS AND CONDITIONS OF THE CONTRACT, INDUSTRY STANDARDS, AND ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS, REGULATIONS, CODES, AND DIRECTIVES THAT WILL SUPPORT THE EDUCATIONAL NEEDS OF THE SCIENCE CAMP HOSTED BY NOAA FISHERIES. (VI) Description of requirements is as follows: ENTIRE SCOPE/STATEMENT OF WORK AND DEPARTMENT OF LABOR WAGE RATES: WD 05-2153, REVISION NO. 20, DATED 07/14/2015, WHICH CAN BE FOUND ON: WWW.WDOL.GOV ARE PROVIDED AFTER (XVI): (VII) PERIOD OF PERFORMANCE IS FOR FIVE MONTHS FROM DATE OF AWARD AND THE GENERAL LOCATION WILL BE AT 1845 WASP BLVD., HONOLULU, HI 96818-5007. (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (APR 2014), applies to this acquisition. This is a Best Value Acquisition. NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror. Quotes shall be fully executed and returned on the Standard Form (SF) 18 or your own company quote form and any acknowledgements of solicitation amendments on the SF 30 or provided within the text of the posting. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable (preferred) and can be sent to Suzanne Garrett, email suzanne.garrett@noaa.gov or Faxed to 303-497-3163. At a minimum the contractor shall provide the following information: a) Point of contact name, telephone and E-mail address. b) DUNS Number "THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT". 1352.215-72 Inquiries (APR 2010) OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING TO SUZANNE.GARRETT@NOAA.GOV. QUESTIONS SHOULD BE RECEIVED NO LATER THAN 4:00 P.M. MDT/MST, 8/21/2015. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause) (IX) FAR 52.212-2, Evaluation - Commercial Items (OCT 2014), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (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: 1. Price 2. Meeting the Period of Performance date. 3. Past Performance Capabilities - Quotes shall include at least two references relevant to the Offeror's performance to provide the service being solicited. References must include the company name and contact person's name, phone number and email. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency's knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based capability requirements listed in the scope. References must include the company name and contact person's name, phone number and email. The Contractors past performance evaluation will be based on responsiveness, quality, and customer services. This is a PASS/FAIL. (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (MAR 2015), with its quote. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "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 size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "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. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It □ has, □ has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] □ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. □ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) □ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] □ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. □ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). □ TIN: ________________________________. □ TIN has been applied for. □ TIN is not required because: □ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; □ Offeror is an agency or instrumentality of a foreign government; □ Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. □ Sole proprietorship; □ Partnership; □ Corporate entity (not tax-exempt); □ Corporate entity (tax-exempt); □ Government entity (Federal, State, or local); □ Foreign government; □ International organization per 26 CFR 1.6049-4; □ Other ________________________________. (5) Common parent. □ Offeror is not owned or controlled by a common parent; □ Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation. (1) The Offeror represents that it o has or o does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____________________. Immediate owner legal name: _____________________. (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: □ Yes or □ No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: __________________. Highest-level owner legal name: ___________________. (Do not use a "doing business as" name) (End of provision) Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (MAY 2015) applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAY 2015) applies to this acquisition. The following clauses under subparagraph (b) apply: (14)(I) 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) (15 U.S.C. 644). (18) 52.219-13, NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)(15 U.S.C. 644(R)). (22) 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL 2013) (25) 52.222-3, CONVICT LABOR (JUN 2003) (26) 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2014) (27) 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015). (28) 52.222-26, EQUAL OPPORTUNITY (JAN 2014) (30) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (33)(I) 52.222-50, COMBATING TRAFFICKING IN PERSONS (MAR 2015) (22 U.S.C. CHAPTER 78 AND E.O. 13627). (39) 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (43) 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (49) 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (XIII) The following clauses are also applicable to this acquisition: 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998), this contract incorporates on 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 address: https://www.acquisition.gov/far/index.html (end of clause) The following additional terms and conditions apply: FAR 52.204-7, SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR 52.204-13, SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR 52.214-34, SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) FAR 52.214-35, SUBMISSION OF OFFER IN U.S. CURRENCY (APR 1991) FAR 52.217-5, EVALUATION OF OPTIONS (JUL 1990) FAR 52.232-40, PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR 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 days. (End of clause) FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Commerce Acquisition Regulation (48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of Commerce Acquisition Regulation (48 CFR Chapter 1352) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) RFQ FAR DEVIATION - REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) The Offeror represents that, as of the date of this offer - (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of provision) RFQ FAR DEVIATION 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS -REPRESENTATIONS (DEVIATION 2015-02) (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) DEPARTMENT OF COMMERCE CLAUSES - FOR FULL TEXT OF A COMMERCE ACQUISITION CLAUSE OR PROVISION YOU MAY GO TO THE FOLLOWING WEBSITE, http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm: CAR 1352.201-70, CONTRACTING OFFICER'S AUTHORITY (APRIL 2010) CAR 1352.209-73, COMPLIANCE WITH THE LAWS (APRIL 2010) CAR 1352.209-74, ORGANIZATIONAL CONFLICT OF INTEREST (APRIL 2010) CAR 1352.237-71, SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010) CAR 1352.233-70, Agency Protests (APRIL 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Suzanne A. Romberg-Garrett Contracting Officer NOAA/AGO Western Acquisition Division-Boulder 325 Broadway SOU6 Boulder, CO 80305 FAX: 303-497-5110 (a) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington DC 20230 FAX: 202-482-1711 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) CAR 1352.233-71, GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APRIL 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) (XIV) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply. (XV) Quotes are required to be received in the contracting office no later than 4:00 P.M. MST ON 8/25/2015. All quotes must be faxed or emailed (preferred) to the attention of Suzanne Romberg-Garrett. The fax number is 303- 497-3163 and email address is Suzanne.Garrett@noaa.gov. (XVI) Any questions regarding this solicitation should be directed to Suzanne Garrett's email address of Suzanne.garrett@noaa.gov.   SCOPE STATEMENT OF NEED (SOW) DEPARTMENT OF COMMERCE (DOC) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA) NATIONAL MARINE FISHERIES SERVICE (NMFS) PACIFIC ISLANDS REGIONAL OFFICE (PIRO) NOAA FISHERIES COMMUNITY OUTREACH AND EDUCATION PROGRAM PURCHASE REQUEST NFFT5000-15-04058 THIS IS A FIRM FIXED CONTRACT Objective: NOAA/NMFS/PIRO, Outreach and Education Program requests professional Educational Support Services to design and construct Science Classroom Kits for Honolulu, HI. The Period of Performance is five (5) months, with no option years, from date of award. This is a firm fixed price requirement. Background: The NOAA Fisheries Outreach and Education Program contribute significantly to the scientific endeavors of NOAA. Program staff interprets and transform scientific data and results into various media that are appealing and compelling for public consumption. This program is integral to the overall public educational effort, as it helps bridge the gap between scientists and the general public by taking scientific research and presenting the information in a way that is attractive, visually interesting, and easy for the public to understand. Over the past 2 years, NOAA Fisheries has held 2 successful Science Camps targeting middle school students in Hawaii. The camps are primarily composed of various science modules that highlight the research and management done by NMFS staff members. In order to expand the reach of these materials into Hawaii intermediate and middle schools, they need to be further developed and modified to meet the Hawaii Department of Education standards. The scope of educational support services under this procurement includes providing all services, materials, drawings and/or specifications, supervision, and all other items necessary to develop each of the science modules from the NOAA Fisheries Science Camp into classroom Kit Lessons that will support the educational needs and directives of the Science Camps hosted by NOAA Fisheries. The interactive curriculum will be designed to help middle school students learn about scientific processes consistent with the NOAA Mission. This proposal will also support outreach components that allow the students to learn about careers in marine science and furthers the NMFS strategic plan for stakeholder engagement while encouraging the public to learn about and support NMFS Pacific Islands Region's scientific and managerial work. • The Contractor will provide Classroom "kit" lessons that teachers can implement with easy to follow plans that correlate to the already established science modules that come from the NOAA Fisheries Science Camp. • Write each module as a lesson for teachers to teach in the classroom using the 5 "E"s of science lesson planning: Engage, Explore, Explain, Elaborate, & Evaluate. • Write student work pages that go along with the modules/lesson. • Gather the materials for the kit. • Align the modules to the 7th and 8th grade science Hawaii Content and Performance Standards III. Deliverables: In accordance with FAR 27.403 - Data Rights, all contracts that require data to be produced, furnished, acquired or used in meeting contract performance requirements, must contain terms that delineate the respective rights and obligations of the Government and the contractor regarding the use, reproduction, and disclosure of that data. Data rights clauses do not specify the type, quantity or quality of data that is to be delivered, but only the respective rights of the Government and the contractor regarding the use, disclosure, or reproduction of the data. Accordingly, the contract shall specify the data to be delivered. The following items are to be produced in accordance with FAR Clause and Provisions FAR 52.227-14 and FAR 52.227-15: • Classroom "kit" lessons that teachers can implement with easy to follow plans that correlate to the already established science modules that come from the NOAA Fisheries Science Camp. • The lessons will be provided on a CD, with accompanying examples of completed kits with materials that can be used in the Hawaii Department of Energy (DOE) classrooms. CONTRACTOR QUALIFICATIONS AND REQUIREMENTS: 3.1 Education: (Degree in Science, vendor to specify what degree is in and level) • Minimum: Bachelor of Science in Interdisciplinary Studies or related field • Preferred: Master of Science in Elementary Education Education: Degree in Science with a minimum of a Bachelor of Science in Interdisciplinary Studies or related field and/or a preferred Master of Science in Elementary Education. 3.2 Experience: • Five years of curriculum development - including prior science kit development 1. Experience in designing writing and editing science units for teachers including lessons that correlate to state standards, writing teacher background information, writing a detailed lesson plan, and creating differentiation within the scope of the lesson. 2. Experience in writing student workbooks that correlated with the teacher lessons including student background information, steps for experiments and activities, questions that elicit learning from the activity, and study tools that go with the lesson. 3. Experience in coming up with and gathering the materials needed for each of the lessons (putting the kit together). 4. Experience in planning workshops to present the new science curriculum to teachers; approx. 300 teachers at a workshop. • The below teaching experience is required and proof of some of this education was obtained within in the state of Hawaii Understanding of middle school science classroom management 1. Understanding of middle school students and their needs in the classroom 2. Understanding of lesson structure 3. Understanding of Hawaii Content & Performance State Standards III in grades 6, 7, and 8 4. Experience in teaching science in the Hawaii community in relation to the Hawaiian culture. General: NOAA/NMFS/PIRO is responsible for the management, conservation, and protection of living marine resources within the U.S. Exclusive Economic Zone. The Pacific Islands Region includes the waters surrounding American Samoa, Guam, Hawaii, and the Commonwealth of the Northern Mariana Islands as well as the Pacific Remote Island Areas. The Pacific Islands Region is unique in that it encompasses a large percentage of the nation's coral reefs. It is the largest geographic area within NMFS jurisdiction, with a U.S. Exclusive Economic Zone of more than 1.7 million square nautical miles of ocean. NOAA Fisheries is committed to working with school age children, community groups and other organizations to provide educational opportunities through seminars, community events and literature so a well-informed public can make a difference through responsible decision making. The Community Outreach Program serves as the focus for the communication of management and regulatory programs with outside agencies and the public. The objective of the program is to seek and create opportunities to inform and educate the public of the regional office's mission and its impact on the economy and environment in the Pacific. The program also designs resources and implements strategies to increase communications and understanding between the agency, our constituents and the general public. Schedule: The NOAA normal business hours usually operate between 7:00 AM to 5:00 PM PST, Monday through Friday, except Federal Holidays. The scheduled time frame will be determined after the award has been made. Observance of Legal Holidays and Site Closure Information: The Contractor hereby agrees to observe the following Federal holidays, plus any other day off work designated by Federal Statute, by Executive Order, or by Presidential proclamation: New Year's Day Labor Day Martin Luther King's Birthday Columbus Day President's Day Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day When any holiday falls on a Saturday, the preceding Friday is observed; when any holiday falls on a Sunday, the following Monday is observed. All personnel assigned to this contract shall limit their observation of holidays to those set forth above. In each instance, the Contractor agrees to continue to provide sufficient personnel to perform requirements of any critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the MIC. In the event of a site dismissal or closure due to weather, emergency or other circumstances, the contractor is instructed to contact the Manager In Charge (MIC) or Alternate MIC for guidance. Location: The following support services will be provided to The National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), Pacific Islands Regional Office (PIRO), Joint Institute for Marine and Atmospheric Research (JIMAR), located at 1845 Wasp Blvd., Building 176, Honolulu, HI 96818. This facility is located on a Government/Military Installation, Ford Island. The "awardee" must have all persons assigned to this contract complete a JB2 Form 0-180 (APPLICATION FOR PERSONNEL AND VEHICLE PASSES FOR LONG TERM VISITOR PASSES AND TO WORK UNDER NAVY, AIR FORCE, OR LOCAL CONTRACT FOR CONTRACTORS/VENDORS/EMPLOYEES) in order to obtain granted access onto a government installation by means of authorized access. All forms must be received by Base Pass and ID 10 days prior to issuing badges. Actual work location will be coordinated by Contract Technical Representatives located at this facility; however, actual work may take place offsite. Payment and Invoices: Facsimile, e-mail, and scanned documents are acceptable forms of submission for payment requests. An invoice must be submitted at the end of the performance period once all deliverables have been received, inspected, and accepted by the Government. Payment amount will be based on the balance due listed on the invoice. Vendors must reference the awarded Purchase Order (PO) Number on the invoice for identification purposes. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAY 2015) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (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: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Apr 2010) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2014) of 52.219-9. _X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting 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 (Nov 2011) _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) _X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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). __ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989__ (35)(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.) __ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (37)(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. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) __ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011 __ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) _X_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) __ (ii) Alternate I (Apr 2003) 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: __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). _X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). _X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits 37-1011 Bureau of Labor Statistics - http://www.bls.gov/oes, oes data, occupation profiles Hourly wage $8.95 - $34.22 plus fringe benefits (End of clause) __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 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). __ (6) 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). __ (7) 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). _X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (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, 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 (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 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). (xiii) 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). (xiv) 52.222-54, Employment Eligibility Verification (AUG 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (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) FAR ASSURANCE BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2014) (1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2015, none of the funds made available by Consolidated Appropriations Act, 2014 may be used to enter into a contract with any corporation that - (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) By accepting this award or order, in writing or by performance, the offerer/contractor assures that - (a) The offerer/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) The offerer/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of Clause) FAR 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-02) (FEB 2015). (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) WD 05-2153 (Rev.-20) was first posted on www.wdol.gov on 07/14/2015 ************************************************************************************ 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.: 2005-2153 Daniel W. Simms Division of | Revision No.: 20 Director Wage Determinations| Date Of Revision: 07/08/2015 _______________________________________|____________________________________________ Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Service Contract Act for which the solicitation is 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 $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. 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. ____________________________________________________________________________________ States: American Samoa, Hawaii Area: American Samoa Statewide Hawaii Statewide OCCUPATION NOTE: STEVEDORING AND LONGSHOREMEN: Wage rates and fringe benefits can be found on Wage Determination 2000-0085 ____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.20 01012 - Accounting Clerk II 15.93 01013 - Accounting Clerk III 17.40 01020 - Administrative Assistant 26.48 01040 - Court Reporter 18.59 01051 - Data Entry Operator I 13.16 01052 - Data Entry Operator II 14.36 01060 - Dispatcher, Motor Vehicle 17.10 01070 - Document Preparation Clerk 13.15 01090 - Duplicating Machine Operator 13.79 01111 - General Clerk I 12.53 01112 - General Clerk II 13.67 01113 - General Clerk III 15.45 01120 - Housing Referral Assistant 23.77 01141 - Messenger Courier 12.47 01191 - Order Clerk I 13.18 01192 - Order Clerk II 14.38 01261 - Personnel Assistant (Employment) I 15.79 01262 - Personnel Assistant (Employment) II 17.88 01263 - Personnel Assistant (Employment) III 19.68 01270 - Production Control Clerk 18.86 01280 - Receptionist 15.40 01290 - Rental Clerk 15.79 01300 - Scheduler, Maintenance 19.05 01311 - Secretary I 19.05 01312 - Secretary II 21.31 01313 - Secretary III 23.77 01320 - Service Order Dispatcher 14.05 01410 - Supply Technician 25.82 01420 - Survey Worker 17.10 01531 - Travel Clerk I 14.78 01532 - Travel Clerk II 15.97 01533 - Travel Clerk III 17.12 01611 - Word Processor I 14.36 01612 - Word Processor II 16.11 01613 - Word Processor III 18.03 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 22.19 05010 - Automotive Electrician 22.43 05040 - Automotive Glass Installer 22.00 05070 - Automotive Worker 22.00 05110 - Mobile Equipment Servicer 18.99 05130 - Motor Equipment Metal Mechanic 24.41 05160 - Motor Equipment Metal Worker 22.00 05190 - Motor Vehicle Mechanic 25.65 05220 - Motor Vehicle Mechanic Helper 17.39 05250 - Motor Vehicle Upholstery Worker 20.80 05280 - Motor Vehicle Wrecker 22.00 05310 - Painter, Automotive 23.19 05340 - Radiator Repair Specialist 22.00 05370 - Tire Repairer 13.78 05400 - Transmission Repair Specialist 24.37 07000 - Food Preparation And Service Occupations 07010 - Baker 14.87 07041 - Cook I 13.17 07042 - Cook II 15.29 07070 - Dishwasher 12.05 07130 - Food Service Worker 11.14 07210 - Meat Cutter 18.70 07260 - Waiter/Waitress 12.01 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 17.41 09040 - Furniture Handler 11.71 09080 - Furniture Refinisher 19.15 09090 - Furniture Refinisher Helper 14.19 09110 - Furniture Repairer, Minor 16.63 09130 - Upholsterer 17.41 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 10.89 11060 - Elevator Operator 12.89 11090 - Gardener 16.40 11122 - Housekeeping Aide 14.00 11150 - Janitor 14.00 11210 - Laborer, Grounds Maintenance 13.55 11240 - Maid or Houseman 14.49 11260 - Pruner 12.13 11270 - Tractor Operator 16.43 11330 - Trail Maintenance Worker 13.55 11360 - Window Cleaner 15.25 12000 - Health Occupations 12010 - Ambulance Driver 20.70 12011 - Breath Alcohol Technician 20.70 12012 - Certified Occupational Therapist Assistant 19.67 12015 - Certified Physical Therapist Assistant 18.41 12020 - Dental Assistant 14.80 12025 - Dental Hygienist 30.34 12030 - EKG Technician 26.02 12035 - Electroneurodiagnostic Technologist 26.02 12040 - Emergency Medical Technician 22.19 12071 - Licensed Practical Nurse I 18.51 12072 - Licensed Practical Nurse II 20.70 12073 - Licensed Practical Nurse III 23.09 12100 - Medical Assistant 14.83 12130 - Medical Laboratory Technician 19.74 12160 - Medical Record Clerk 17.82 12190 - Medical Record Technician 19.93 12195 - Medical Transcriptionist 19.74 12210 - Nuclear Medicine Technologist 31.72 12221 - Nursing Assistant I 11.39 12222 - Nursing Assistant II 12.81 12223 - Nursing Assistant III 13.98 12224 - Nursing Assistant IV 15.69 12235 - Optical Dispenser 20.03 12236 - Optical Technician 14.91 12250 - Pharmacy Technician 17.19 12280 - Phlebotomist 15.69 12305 - Radiologic Technologist 29.04 12311 - Registered Nurse I 29.29 12312 - Registered Nurse II 35.82 12313 - Registered Nurse II, Specialist 35.82 12314 - Registered Nurse III 43.34 12315 - Registered Nurse III, Anesthetist 43.34 12316 - Registered Nurse IV 51.94 12317 - Scheduler (Drug and Alcohol Testing) 25.66 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 19.61 13012 - Exhibits Specialist II 23.29 13013 - Exhibits Specialist III 28.49 13041 - Illustrator I 20.71 13042 - Illustrator II 25.67 13043 - Illustrator III 31.40 13047 - Librarian 28.71 13050 - Library Aide/Clerk 14.17 13054 - Library Information Technology Systems 21.89 Administrator 13058 - Library Technician 17.36 13061 - Media Specialist I 15.86 13062 - Media Specialist II 17.74 13063 - Media Specialist III 19.78 13071 - Photographer I 14.00 13072 - Photographer II 16.54 13073 - Photographer III 19.61 13074 - Photographer IV 23.99 13075 - Photographer V 28.99 13110 - Video Teleconference Technician 20.30 14000 - Information Technology Occupations 14041 - Computer Operator I 17.54 14042 - Computer Operator II 19.62 14043 - Computer Operator III 22.80 14044 - Computer Operator IV 24.81 14045 - Computer Operator V 27.45 14071 - Computer Programmer I (see 1) 27.62 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 -Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 17.54 14160 - Personal Computer Support Technician 24.81 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 30.83 15020 - Aircrew Training Devices Instructor (Rated) 37.30 15030 - Air Crew Training Devices Instructor (Pilot) 43.09 15050 - Computer Based Training Specialist / Instructor 30.83 15060 - Educational Technologist 25.80 15070 - Flight Instructor (Pilot) 43.09 15080 - Graphic Artist 22.97 15090 - Technical Instructor 19.66 15095 - Technical Instructor/Course Developer 24.05 15110 - Test Proctor 19.47 15120 - Tutor 19.47 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 11.72 16030 - Counter Attendant 11.72 16040 - Dry Cleaner 14.51 16070 - Finisher, Flatwork, Machine 11.72 16090 - Presser, Hand 11.72 16110 - Presser, Machine, Drycleaning 11.72 16130 - Presser, Machine, Shirts 11.72 16160 - Presser, Machine, Wearing Apparel, Laundry 11.72 16190 - Sewing Machine Operator 15.45 16220 - Tailor 16.27 16250 - Washer, Machine 12.67 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 24.08 19040 - Tool And Die Maker 30.25 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 20.84 21030 - Material Coordinator 21.89 21040 - Material Expediter 21.89 21050 - Material Handling Laborer 16.89 21071 - Order Filler 13.51 21080 - Production Line Worker (Food Processing) 20.84 21110 - Shipping Packer 15.22 21130 - Shipping/Receiving Clerk 14.69 21140 - Store Worker I 13.23 21150 - Stock Clerk 18.58 21210 - Tools And Parts Attendant 20.84 21410 - Warehouse Specialist 20.84 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 28.74 23021 - Aircraft Mechanic I 27.03 23022 - Aircraft Mechanic II 28.74 23023 - Aircraft Mechanic III 30.43 23040 - Aircraft Mechanic Helper 19.51 23050 - Aircraft, Painter 25.27 23060 - Aircraft Servicer 22.63 23080 - Aircraft Worker 24.16 23110 - Appliance Mechanic 21.94 23120 - Bicycle Repairer 15.16 23125 - Cable Splicer 28.39 23130 - Carpenter, Maintenance 30.99 23140 - Carpet Layer 24.86 23160 - Electrician, Maintenance 28.25 23181 - Electronics Technician Maintenance I 26.83 23182 - Electronics Technician Maintenance II 28.69 23183 - Electronics Technician Maintenance III 30.56 23260 - Fabric Worker 20.95 23290 - Fire Alarm System Mechanic 23.46 23310 - Fire Extinguisher Repairer 19.40 23311 - Fuel Distribution System Mechanic 27.68 23312 - Fuel Distribution System Operator 21.58 23370 - General Maintenance Worker 18.45 23380 - Ground Support Equipment Mechanic 27.03 23381 - Ground Support Equipment Servicer 22.63 23382 - Ground Support Equipment Worker 24.16 23391 - Gunsmith I 19.40 23392 - Gunsmith II 22.51 23393 - Gunsmith III 25.64 23410 - Heating, Ventilation And Air-Conditioning 24.07 Mechanic 23411 - Heating, Ventilation And Air Contditioning 25.52 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 28.29 23440 - Heavy Equipment Operator 34.11 23460 - Instrument Mechanic 29.96 23465 - Laboratory/Shelter Mechanic 24.07 23470 - Laborer 16.49 23510 - Locksmith 23.45 23530 - Machinery Maintenance Mechanic 24.70 23550 - Machinist, Maintenance 24.58 23580 - Maintenance Trades Helper 14.93 23591 - Metrology Technician I 29.96 23592 - Metrology Technician II 31.76 23593 - Metrology Technician III 33.49 23640 - Millwright 25.64 23710 - Office Appliance Repairer 21.56 23760 - Painter, Maintenance 25.29 23790 - Pipefitter, Maintenance 27.69 23810 - Plumber, Maintenance 25.71 23820 - Pneudraulic Systems Mechanic 25.64 23850 - Rigger 25.64 23870 - Scale Mechanic 22.51 23890 - Sheet-Metal Worker, Maintenance 28.46 23910 - Small Engine Mechanic 20.91 23931 - Telecommunications Mechanic I 27.52 23932 - Telecommunications Mechanic II 28.05 23950 - Telephone Lineman 24.18 23960 - Welder, Combination, Maintenance 25.04 23965 - Well Driller 25.14 23970 - Woodcraft Worker 25.64 23980 - Woodworker 17.67 24000 - Personal Needs Occupations 24570 - Child Care Attendant 11.62 24580 - Child Care Center Clerk 15.14 24610 - Chore Aide 11.40 24620 - Family Readiness And Support Services 16.19 Coordinator 24630 - Homemaker 20.11 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 26.42 25040 - Sewage Plant Operator 21.94 25070 - Stationary Engineer 26.42 25190 - Ventilation Equipment Tender 19.25 25210 - Water Treatment Plant Operator 21.94 27000 - Protective Service Occupations 27004 - Alarm Monitor 18.69 27007 - Baggage Inspector 12.13 27008 - Corrections Officer 21.67 27010 - Court Security Officer 23.28 27030 - Detection Dog Handler 15.35 27040 - Detention Officer 21.67 27070 - Firefighter 23.69 27101 - Guard I 12.13 27102 - Guard II 15.35 27131 - Police Officer I 23.97 27132 - Police Officer II 26.64 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 12.47 28042 - Carnival Equipment Repairer 13.26 28043 - Carnival Equpment Worker 9.93 28210 - Gate Attendant/Gate Tender 15.40 28310 - Lifeguard 15.84 28350 - Park Attendant (Aide) 17.23 28510 - Recreation Aide/Health Facility Attendant 13.19 28515 - Recreation Specialist 21.44 28630 - Sports Official 13.72 28690 - Swimming Pool Operator 17.14 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.77 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.66 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 - Archeological Technician I 16.98 30022 - Archeological Technician II 19.43 30023 - Archeological Technician III 24.08 30030 - Cartographic Technician 24.08 30040 - Civil Engineering Technician 21.55 30061 - Drafter/CAD Operator I 16.86 30062 - Drafter/CAD Operator II 19.43 30063 - Drafter/CAD Operator III 21.67 30064 - Drafter/CAD Operator IV 26.66 30081 - Engineering Technician I 15.91 30082 - Engineering Technician II 18.64 30083 - Engineering Technician III 22.50 30084 - Engineering Technician IV 29.74 30085 - Engineering Technician V 32.60 30086 - Engineering Technician VI 39.41 30090 - Environmental Technician 22.21 30210 - Laboratory Technician 23.01 30240 - Mathematical Technician 25.78 30361 - Paralegal/Legal Assistant I 18.66 30362 - Paralegal/Legal Assistant II 23.13 30363 - Paralegal/Legal Assistant III 28.30 30364 - Paralegal/Legal Assistant IV 34.23 30390 - Photo-Optics Technician 25.78 30461 - Technical Writer I 22.86 30462 - Technical Writer II 27.96 30463 - Technical Writer III 33.84 30491 - Unexploded Ordnance (UXO) Technician I 22.74 30492 - Unexploded Ordnance (UXO) Technician II 27.51 30493 - Unexploded Ordnance (UXO) Technician III 32.97 30494 - Unexploded (UXO) Safety Escort 22.74 30495 - Unexploded (UXO) Sweep Personnel 22.74 30620 - Weather Observer, Combined Upper Air Or (see 2) 21.67 Surface Programs 30621 - Weather Observer, Senior (see 2) 24.08 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 12.94 31030 - Bus Driver 18.43 31043 - Driver Courier 14.10 31260 - Parking and Lot Attendant 9.16 31290 - Shuttle Bus Driver 14.98 31310 - Taxi Driver 11.77 31361 - Truckdriver, Light 14.98 31362 - Truckdriver, Medium 17.26 31363 - Truckdriver, Heavy 18.27 31364 - Truckdriver, Tractor-Trailer 18.27 99000 - Miscellaneous Occupations 99030 - Cashier 10.93 99050 - Desk Clerk 18.46 99095 - Embalmer 22.34 99251 - Laboratory Animal Caretaker I 12.41 99252 - Laboratory Animal Caretaker II 17.67 99310 - Mortician 24.57 99410 - Pest Controller 17.33 99510 - Photofinishing Worker 13.86 99710 - Recycling Laborer 19.19 99711 - Recycling Specialist 23.10 99730 - Refuse Collector 17.18 99810 - Sales Clerk 14.39 99820 - School Crossing Guard 15.03 99830 - Survey Party Chief 24.01 99831 - Surveying Aide 13.13 99832 - Surveying Technician 17.99 99840 - Vending Machine Attendant 12.64 99841 - Vending Machine Repairer 15.06 99842 - Vending Machine Repairer Helper 12.64 ____________________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: (Hawaii): $1.69 per hour, or $67.60 per week, or $292.93 per month hour for all employees on whose behalf the contractor provides health care benefits pursuant to the Hawaii prepaid Health Care Act. For those employees who are not receiving health care benefits mandated by the Hawaii prepaid Health Care Act, the new health and welfare benefit rate will be $4.27 per hour. VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 10 years, and 4 after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol. gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.
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