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FBO DAILY - FEDBIZOPPS ISSUE OF JANUARY 14, 2017 FBO #5531
SOLICITATION NOTICE

R -- EAP Counseling Services

Notice Date
1/12/2017
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
621330 — Offices of Mental Health Practitioners (except Physicians)
 
Contracting Office
Department of the Army, U.S. Army Corps of Engineers, USACE District, New York, Attn: CENAN-CT, 26 Federal Plaza, New York, New York, 10278-0090, United States
 
ZIP Code
10278-0090
 
Solicitation Number
W912DS-17-T-0003
 
Archive Date
2/16/2017
 
Point of Contact
Matthew Lubiak, Phone: 9177908089
 
E-Mail Address
matthew.lubiak@usace.army.mil
(matthew.lubiak@usace.army.mil)
 
Small Business Set-Aside
Total Small Business
 
Description
COMBINED SYNOPSIS/SOLICITATION This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. SOLICITATION: W912DS-17-T-0003. This is a Request for Quotes (RFQ) for commercial services in accordance with FAR Part 12. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-94, dated 20 December 2016. This procurement is being solicited as a 100% SMALL BUSINESS SET-ASIDE. The applicable NAICS Code 621330 - Offices of Mental Health Practitioners (except Physicians). The small business size standard is $7.5 million. The contractor shall provide Employee Assistance Program services for the U.S. Army Corps of Engineers, New York District. These services are for One (1) Base Year and Four (4) Option Years. PARTIES INTERESTED IN RESPONDING TO THIS RFQ may submit their proposal in accordance with the "Instruction to Offerors" section of this announcement. Any questions regarding this solicitation MUST be submitted in writing via email to the point of contact below. In accordance with FAR 52.212-1(k), prospective awardee shall be registered and active in the System for Award Management (SAM) prior to award. If the Offeror does not become registered in SAM in the time prescribed by the Contracting Officer (NLT due date/time of solicitation), the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov. The government reserves the right to cancel this combined synopsis/solicitation. Quotes are due no later than February 1, 2017 at 2:00 P.M. EST Quotes shall be submitted by one of the following methods: 1. Hardcopy delivered to: U.S. Army Corps of Engineers New York District Contracting Division ATTN: Matthew Lubiak 26 Federal Plaza, Room 1843 New York, NY 10278-0090 2. Electronically, in the form of PDF documents via email to: matthew.lubiak@usace.army.mil SCOPE OF WORK The U.S. Army Corps of Engineers is seeking Employee Assistance Program (EAP) Services for 660 federal employees located in the following areas: Tri State Area, Westchester County (West Point), and Upstate New York (Fort Drum). This is a solicitation for commercial services. This solicitation is a 100% small business set-aside. The NAICS code is 621330. The size standard is $7.5 million. A firm fixed price contract is contemplated with a base period of one (1) year from date of award with option to extend for four (4) additional one-year periods. Clinical Services: Individual counseling to employees and their immediate family members on a host of personal and job related matters. Problem areas will include, but are not limited to, alcohol/drug abuse, trauma, mental illness, relationship/family conflicts, financial, stress, and job problems. The Contractor will provide crisis intervention, assessment, information and referral, short-term counseling, and follow-up monitoring. Clinical services shall include diagnostic evaluations, treatment planning, short-term counseling, trauma debriefings, referrals, monitoring, and follow-up services to clients as clinically indicated. Counseling will be primarily face-to-face for a maximum of six sessions. If additional counseling is necessary a referral to a community facility will be provided. In situations where it is determined the problem can be remedied within the short-term modality, the employee will be seen at the EAP for the full six sessions, with no community referral being necessary. The full six sessions may also be utilized to motivate an employee to accept a referral to needed treatment. The Contractor will maintain a listing of appropriate local referral sources. The Contractor will contact the employee 14 days after the referral is given to ascertain its appropriateness. The Contractor will have a quality assurance plan in place to assure only the highest quality of community referral facilities is utilized. The Contractor will monitor cases in which an employee accepts treatment as part of a formal settlement agreement. This could extend to one to two years, depending on the case. Utilization rate for this contract is defined as 660 employees multiplied by an anticipated 5% employee usage and a maximum of 6 sessions per employee for an estimated total of 198 counseling sessions per contractual year. The anticipated 5% utilization rate is neither required nor promised. Employees will be considered on official duty status while at the EAP counselor and will be given 45 minutes for the counseling session plus travel time. Contractor Facilities must be available for employees who wish to attend counseling on their own time or after regular business hours. The contractor must have a 24-hour emergency telephone answering system. Counseling staff must be available in person to employees, as a minimum between the hours of 8:00 A.M. To 5:30 P.M. EST, Monday through Friday. The contractor shall observe the same holidays as the Federal agencies serviced. If any primary staff member is unavailable due to vacation, conferences, and so forth, a qualified substitute must be provided. An employee in need of EAP services can contact the EAP counselor directly, or contact the EEO office which will in turn contact the EAP counselor to arrange an appointment with the employee. A scheduled appointment must be made within five calendar days, including weekends and holidays. Emergencies must be handled immediately and may require the counselor to provide the needed services at any agency facility. Note: The contractor must have on-call counselors able to respond to requests for emergency assistance. Confidentiality: The Contractor will assure the confidentiality of all information connected with an employee's use of the program in accordance with P.L. 98-24; 42CFR Part 2, "Confidentiality of "Alcohol and Drug Abuse Patient Records," revised June 9, 1987, and the Privacy Act of 1974. Case files will be maintained on all employees seen in counseling and will be the property and responsibility of the Contractor. Case records will be maintained for at least three years after termination of the client case, or longer if required by state law. Training Services: Based on need and requirements, the Contractor shall be responsible for designing and implementing a training program, producing training materials, and scheduling training with the Army Corps of Engineers (USACE) EAP Project Officer. All training materials must be non-sexist and non-discriminatory in content and tone. Resumes of all proposed trainers will be included with the proposal, showing prior experience providing training for adult populations. Basic Supervisor Training: Two (2) three-hour training sessions shall be conducted for supervisors and other key personnel on how to deal with problem or troubled employees and how to utilize the EAP as part of this process. The workshop leader will be familiar with pertinent Federal regulations such as the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). A sufficient number of sessions will be offered, such that all supervisors, union officials, and personnel specialists receive this training at least every two years. Training classes will be limited to 25 participants. The dates of the sessions will be at the request of the EEO Office. Prevention of Workplace Violence: Two (2) two-hour training session shall be conducted to help managers identify the potentially violent employee and identify steps to defuse the situation. The EAP will be available to consult with agency executives in formulation of a policy and establishing an emergency response team. Training classes will be limited to 25 participants and available to all supervisory, union, and other key employees as requested. The dates of the sessions will be at the request of the EEO Office. Drug-Free-Workplace: One (1) two-hour drug awareness training shall be conducted that shows the interface of the EAP with Executive Order 12564. Included in the training will be drug use, treatment options, agency drug testing policy, consequences of a positive drug test, follow-up, and types of communication that can be held with the workplace supervisor. Management trainings will include a section on how to effectively confront the employee and refer him/her to the EAP and the type of monitoring and reports available. Training classes will be limited to 25 participants and available to all employees as requested. The dates of the sessions will be at the request of the EEO Office. Conflict Resolution: Two (2) three-hour trainings shall be conducted for all staff to learn how to resolve conflict in a more effective manner and enhance the productivity of the workplace. Training classes will be limited to 25 participants and available to all employees. The dates of the sessions will be at the request of the EEO Office. Health Seminars: Ten (10) one-hour workshops shall be conducted for employees on topics such as Stress Management, Alcohol & Drug Abuse, Parenting Skills, Eldercare, and other family/life issues. The dates of the sessions will be at the request of the EEO Office. Management Consultation: The EAP counselor will be available to consult with supervisors or managers on problem employees or situations as requested within 24 hours for emergency & 48 hours for consultation. Liability: The Contractor will maintain malpractice coverage on any clinical staff involved in this contract and is solely responsible for all clinical recommendations. The contractor shall hold and save the Government free from damages due to the provision of counseling services in connection with Fed EAP, except for damages due to the fault or negligence of the Government. Reports: The Contractor will provide a monthly report on the number of employees utilizing the EAP services. The report shall include the name, date, and number of visits for that individual. This information will be provided ONLY to the Equal Employment Opportunity office POC. Hours of Operation: The Contractor will be available face to face, between the hours of 8:30am to 5:00pm EST Monday through Friday. After hours and emergency coverage will be provided as needed. The Contractor must be able to arrive at 26 Federal Plaza, New York, NY 10278, within 1 hour of notice, or employee to EAP location within one hour, and remote locations within two hours. Telephone response should be within 30 minutes. If call is received after midnight & 6 AM, it will be responded to by 8AM next morning. The Contractor will work out of 26 Federal Plaza and will be supplied with office space. Payments: Payments will be made quarterly and invoices will be submitted to the EEO Office POC. At the end of the contractual year, a monetary adjustment to the contract will be made to reflect the actual number of EAP counseling sessions conducted. Equal Employment Opportunity Office (EEO) POC: Jean Lau Chief, Equal Employment Opportunity 26 Federal Plaza Room 1845 New York, NY 10278-0090 917-790-8015 jean.lau@usace.army.mil BASIS OF AWARD 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 with regards to the Technical Evaluating Factors and Price. The following factors shall be used to evaluate offers: Technical Evaluating Factors (Factor 1, Factor 2, Factor 3, and Factor 4) and Price. To be considered technically acceptable, offerors shall specifically address each of the Technical Evaluation Factors: Factor 1 (Staffing Approach and Qualifications), Factor 2 (Similar Experience), Factor 3 (Management), and Factor 4 (Past Performance). Factor 1 is more important than Factors 2, 3, and 4. Factor 2 is more important than Factors 3 and 4, but less important than Factor 1. Factors 3 and 4 are of equal value but less important than Factors 1 and 2. Technical Factors 1, 2, 3, and 4 are more important than price. FACTOR 1: Staffing Approach and Qualifications: Counseling staff will have at least a Master of Social Work degree (MSW), hold the New York State Alcoholism & Substance Abuse Counselor certificate (CASAC), and be a Certified Employee Assistance Professional (CEAP). Staff includes any proposed subcontractors and staff selection. Provide a plan for staffing the various counseling sites to be utilized by the contractor, including 24-hour coverage, in accordance with hours of operation, adequate staff, and evidence of liability insurance. Any additional relevant education should also be included. FACTOR 2: Similar Experience: Counselor(s) must have at least 5 years of professional experience, 3 of which shall be experience in EAP Counseling Services. Counselor(s) must also have knowledge of local resources and treatment facilities. The following experience criteria should be described for each of the proposed personnel: a) Counseling experience in problem areas shall include but are not be limited to alcohol/drug abuse, trauma, mental illness, relationship/family conflicts, financial, stress, and job problems. b) Experience in conducting training classes for an adult population. FACTOR 3: Management: Offerors shall demonstrate a plan for ensuring the quality of EAP services, including quality assurance checks, evaluation plans, and how corrective actions will be taken if necessary. Knowledge of and/or experience in EAP and workplace counseling concepts, policy and operations (this should be described for both the offeror as a corporate entity and for each of the proposed personnel). Methods of maintaining required confidentiality of client information and problems that may be encountered. Offerors shall also provide a plan for designing and implementing a training program (as described previously above), including basic supervisor training, prevention of workplace violence, drug-free-workplace, conflict resolution, health seminars, and management consultation. FACTOR 4: Past Performance: Offerors are requested to submit Past Performance Customer Questionnaires (see Past Performance attachment) provided by previous Client(s) for input regarding past performance as either a prime or subcontractor. Offerors shall submit at least three (3) Past Performance Questionnaires for projects that were completed or currently in progress within the past five (5) years. INSTRUCTIONS TO OFFERORS SUBMITTAL INSTRUCTIONS 1. The technical submission will be limited to 25 pages, and tabbed with the headings "Staffing Approach & Qualifications, Similar Experience, Management, and Past Performance". Each submission must include the following information (not included in the page count for the technical submission): a. Copies of resumes and educational degrees (with seal), and b. Copies of Offeror's malpractice insurance policy. 2. Enter prices in the section titled "QUOTATION SUBMISSION FORM", and include it with your submission. The completed Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) or Notation that company has completed their representations and certifications in SAM (https://www.sam.gov) must be submitted along with each proposal. 3. Submit Quality Assurance plan for referrals. 4. Submissions shall be submitted prior to the closing date of 2:00 pm EST February 1, 2017 to the following address: U.S. Army Corps of Engineers ATTN: Matthew Lubiak 26 Federal Plaza, Room 1843 New York, New York. 10278-0090 Or Submitted by email, as a PDF documents to matthew.lubiak@usace.army.mil and must be received by the Contract Specialist by 3:00 pm EST February 1, 2017 5. FAR provision at 52.212-1, Instructions to Offerors - Commercial Items; FAR clause at 52.212-4, Contract Terms and Conditions -- Commercial Items; and FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items applies to this acquisition See attached addenda which provides applicable provisions and clauses. QUOTATION SUBMISSION FORM: Solicitation Number: W912DS-17-T-0003 Mailing Address:_____________________ ______________________ ______________________ ______________________ DUNS Number: ______________________ CAGE Code: _____________________ CONTRACT LINE ITEM NUMBERS: ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 BASE YEAR - FFP EAP Counseling Services and Training Period of Performance 16 February 2017 - 15 February 2018 ITEM NO QUANTITY UNIT PRICE AMOUNT 0001AA 198 EA $________ $___________ BASE YEAR - FFP Provide EAP Counseling Services in accordance with the SOW Period of Performance 16 February 2017 - 15 February 2018. The estimated 198 number of annual counseling sessions will be adjusted to the actual utilization in the 4th quarter of the contractual period. ITEM NO QUANTITY UNIT PRICE AMOUNT 0001AB 28 HR $_________ $___________ BASE YEAR - FFP Provide Training in accordance with the SOW Period of Performance 16 February 2017 - 15 February 2018 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 OPTION YEAR - 1 FFP EAP Counseling Services and Training Period of Performance 16 February 2018 - 15 February 2019 ITEM NO QUANTITY UNIT PRICE AMOUNT 0002AA 198 EA $_________ $___________ OPTION YEAR - 1 FFP Provide EAP Counseling Services in accordance with the SOW Period of Performance 16 February 2018 - 15 February 2019. The estimated 198 number of annual counseling sessions will be adjusted to the actual utilization in the 4th quarter of the contractual period. ITEM NO QUANTITY UNIT PRICE AMOUNT 0002AB 28 HR $_________ $___________ OPTION YEAR - 1 FFP Provide Training in accordance with the SOW Period of Performance 16 February 2018 - 15 February 2019 OPTION YEAR - 2 FFP EAP Counseling Services and Training Period of Performance 16 February 2019 - 15 February 2020 ITEM NO QUANTITY UNIT PRICE AMOUNT 0003AA 198 EA $_________ $___________ OPTION YEAR - 2 FFP Provide EAP Counseling Services in accordance with the SOW Period of Performance 16 February 2019 - 15 February 2020. The estimated 198 number of annual counseling sessions will be adjusted to the actual utilization in the 4th quarter of the contractual period. ITEM NO QUANTITY UNIT PRICE AMOUNT 0003AB 28 HR $_________ $___________ OPTION YEAR - 2 FFP Provide Training in accordance with the SOW Period of Performance 16 February 2019 - 15 February 2020 ITEM NO 0004 OPTION YEAR - 3 FFP EAP Counseling Services and Training Period of Performance 16 February 2020 - 15 February 2021 ITEM NO QUANTITY UNIT PRICE AMOUNT 0004AA 198 EA $_________ $___________ OPTION YEAR - 3 FFP Provide EAP Counseling Services in accordance with the SOW Period of Performance 16 February 2020 - 15 February 2021. The estimated 198 number of annual counseling sessions will be adjusted to the actual utilization in the 4th quarter of the contractual period. ITEM NO QUANTITY UNIT PRICE AMOUNT 0004AB 28 HR $_________ $___________ OPTION YEAR - 3 FFP Provide Training in accordance with the SOW Period of Performance 16 February 2020 - 15 February 2021 ITEM NO 0005 OPTION YEAR - 4 EAP Counseling Services and Training FFP Period of Performance 16 February 2021 - 15 February 2022 ITEM NO QUANTITY UNIT PRICE AMOUNT 0005AA 198 EA $_________ $___________ OPTION YEAR - 4 FFP Provide EAP Counseling Services in accordance with the SOW Period of Performance 16 February 2021 - 15 February 2022. The estimated 198 number of annual counseling sessions will be adjusted to the actual utilization in the 4th quarter of the contractual period. ITEM NO QUANTITY UNIT PRICE AMOUNT 0005AB 28 HR $_________ $___________ OPTION YEAR - 4 FFP Provide Training in accordance with the SOW Period of Performance 16 February 2021 - 15 February 2022 PAST PERFORMANCE QUESTIONNAIRE INSTRUCTIONS The Offeror/Contractor listed on the questionnaire is submitting a proposal to the U.S. Army Corps of Engineers, New York District. This is a request for past performance information. This information will be used in the evaluating the Offeror's past contractual performance. The following information, once submitted, will be treated as confidential and will not be released. Please complete and submit back to the Offeror/Contractor the questionnaire utilizing the following guidance: a. Handwritten responses are sufficient. b. Circle a rating as listed below and provide a brief supporting narrative for your area of administrative responsibility. In the event of any unsatisfactory performance, please describe the cause and corrective actions, and any other pertinent information relative to the contractor's inadequate performance. c. The assessment questions contained in this questionnaire shall be rated pursuant to the following definitions: Exceptional (E) - Indicates the contractor's performance exceeded the contractual requirements. Satisfactory (S) - Indicates there were no major problems that were not quickly and effectively solved by the contractor, and the contractor was meeting all contractual requirements. Marginal (M) - Indicates the area of evaluation contained major problems that were not effectively solved by the contractor. The contractor met basic contract requirements with assistance from the customer. Please include any written documentation supporting this rating. Unsatisfactory (U) - Indicates a serious problem existed on the part of the contractor that precluded the contractor from meeting the contractual requirement(s). Please include any written documentation supporting this rating. N/A - Not applicable or observed. -------------------------------------------------------------- PAST PERFORMANCE CUSTOMER QUESTIONNAIRE PROJECT: Employee Assistance Program (EAP) Services, New York, NY. "The U.S. Army Corps of Engineers, New York District, is interested in your past performance assessment of the company listed below. Past performance refers to the company's record of conforming to contract requirements, the company's record of forecasting and controlling costs, the company's adherence to contract schedules including administrative aspects of performance, the company's history of reasonable and cooperative behavior and commitment to customer satisfaction, and the company's general business-like concern for the interest of the customer. These questions relate to work performed by: Contractor under review: (Insert Company Name) Name and Location of Project: Respondent Identification: Name Date Company/Organization Position/Job Title Telephone Number Questionnaire: 1. What type of work did the contractor perform? ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 2. How would you rate the contractor's overall performance? E S M U N/A ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. How would you rate the contractor's overall corporate management, integrity, reasonableness, and cooperative conduct? E S M U N/A ______________________________________________________________________________ ______________________________________________________________________________ 4. How would you rate the contractor's training program? E S M U N/A ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. How efficient and timely were the services performed (compliance with the schedules of completion)? E S M U N/A ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 6. Please circle the statement that best describes your feelings with regard to the contractor. a. They were an outstanding contractor in every respect. Problems were solved in a spirit of teamwork. Quality work, timely actions, and complete documentation were routinely achieved. We would pay a premium price to contract with them again. b. They were an above average contractor to whom we would not hesitate to award to again. Problems encountered were minor and solutions were found with little difficulty. c. They were an average contractor meeting the minimum requirements of the contract. Performance deficiencies improved when identified by the client/agency. d. They were a below average contractor. Numerous problems developed that were a result of their lack of cooperation and failure to perform as required. An aggressive inspection program was required to ensure compliance. e. They were a poor contractor who we would not want again under any circumstances. We would have been within our rights to terminate them for default. f. None of the above. Please provide your statement. ______________________________________________________________________________ ______________________________________________________________________________ 7. Was the contractor given any of the following (or anything of a similar nature)? Cure Notice: Yes / No Termination for Default: Yes / No 8. If there are any additional comments, information, etc. that you would like to add to the survey that does not fall into any of the above categories, please indicate below: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Return to: Requester. ---------------------------------------------------- PROVISIONS AND CLAUSES CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions. NOV 2013 52.204-7 System for Award Management. OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel. JAN 2011 52.212-4 Contract Terms and Conditions--Commercial Items. MAY 2015 52.219-28 Post-Award Small Business Program Representation. JUL 2013 52.222-26 Equal Opportunity. SEP 2016 52.222-17 Nondisplacement of Qualified Workers. MAY 2014 52.222-41 Service Contract Labor Standards MAY 2014 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. OCT 2015 52.227-1 Authorization and Consent. DEC 2007 52.232-1 Payments. APR 1984 52.232-23 Assignment of Claims. MAY 2014 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. DEC 2013 52.233-1 Disputes. MAY 2014 52.237-3 Continuity of Services. JAN 1991 52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form). APR 1984 52.253-1 Computer Generated Forms. JAN 1991 252.201-7000 Contracting Officer's Representative. DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. SEP 2013 252.204-7000 Disclosure of Information. OCT 2016 252.204-7003 Control of Government Personnel Work Product. APR 1992 252.204-7004 Alt A System for Award Management Alternate A. FEB 2014 252.204-7007 Alternate A, Annual Representations and Certifications. JAN 2015 252.225-7031 Second Arab Boycott of Israel. JUN 2005 252.225-7048 Export-Controlled Items. JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. JUN 2012 252.232-7004 DoD Progress Payment Rates. OCT 2014 252.232-7010 Levies on Contract Payments. DEC 2006 252.243-7001 Pricing Of Contract Modifications. DEC 1991 CLAUSES INCORPORATED BY FULL TEXT 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2016) (a) (1) The North American Industry classification System (NAICS) code for this acquisition is 621330. (2) The small business size standard is $7.5 million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [_] (i) Paragraph (d) applies. [_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. (vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xv) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017. Note to paragraph (c)(1)(xv): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items. (xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7. (xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies. (D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies. (xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations. (xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certification. This provision applies to all solicitations. (xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] ___ (i) 52.204-17, Ownership or Control of Offeror. ___ (ii) 52.204-20, Predecessor of Offeror. ___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. ___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification. ___ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification. ___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). ___ (vii) 52.227-6, Royalty Information. ___ (A) Basic. ___ (B) Alternate I. ___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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. FAR Clause Title Date Change 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 on SAM. (End of Provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (t) of this provision. (a) Definitions. As used in this provision-- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means-- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces. "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. "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are-- (1) Department of Labor Wage and Hour Division (WHD) for-- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and (vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for-- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (6) Equal Employment Opportunity Commission (EEOC) for-- (i) Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii) The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "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). "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. "Labor laws" means the following labor laws and E.O.s: (1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970. (3) The Migrant and Seasonal Agricultural Worker Protection Act. (4) The National Labor Relations Act. (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act. (11) Title VII of the Civil Rights Act of 1964. (12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967. (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). (15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws". "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. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "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. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. "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 the 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. Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (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 SAMwebsite. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 (t) 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 is to 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 [_] is, [_] 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 [_] is, [_] 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. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (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. (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) or 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; and (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 $3,500 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 appear 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 Product 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 is 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. The offeror represents that- (i) It [ ] is, [ ] is not an inverted domestic corporation; and (ii) It [ ] is, [ ] 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 email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. 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 $3,500 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 unique entity identifier in the solicitation. (1) The Offeror represents that it [ ] has or [ ] 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) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that- (i) 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 and agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) 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 an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that-- (i) 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; and (ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code ______(or mark "Unknown). Predecessor legal name: _________________________. (Do not use a "doing business as" name). (s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision. (1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror [ ] does [ ] does not anticipate submitting an offer with an estimated contract value of greater than $50 million. (ii) For solicitations issued after April 24, 2017: The Offeror [ ] does [ ] does not anticipate submitting an offer with an estimated contract value of greater than $500,000. (2) If the Offeror checked ``does'' in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the Offeror's knowledge and belief [Offeror to check appropriate block]: [ ](i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or [ ](ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter. (3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide-- (A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS): (1) The labor law violated. (2) The case number, inspection number, charge number, docket number, or other unique identification number. (3) The date rendered. (4) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision; (B) The administrative merits determination, arbitral award or decision, or civil judgment document, to the Contracting Officer, if the Contracting Officer requires it; (C) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and (D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)). (ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as part of making a responsibility determination. (B) A representation that any labor law decision(s) were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403. (4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate. (5) The representation in paragraph (s)(2) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS). Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received lessthan $7.5 million in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:_____. 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.) [The offeror shall check the category in which its ownership falls]: ____ 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. (End of Provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JAN 2017) (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 (Nov 2015) (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, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (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 (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (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 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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Nov 2016) of 52.219-9. ___ (v) Alternate IV (Nov 2016) of 52.219-9. ___ (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-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). 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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (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 (Oct 2016) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 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 (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. ___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). ___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___ (47) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (48) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (50) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (56) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (57) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (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.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). X (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). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). ___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($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 (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (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 (Feb 2016) (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 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 (Oct 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xx) 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. (xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/farsite.html https://www.acquisition.gov/far/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html (End of clause) WD 15-4187 (Rev.-3) was first posted on www.wdol.gov on 01/03/2017 ************************************************************************************ REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-4187 Daniel W. Simms Division of | Revision No.: 3 Director Wage Determinations| Date Of Revision: 12/30/2016 _______________________________________|____________________________________________ Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ____________________________________________________________________________________ State: New York Area: New York Counties of Bronx, Kings, New York, Putnam, Queens, Richmond, Rockland, Westchester OCCUPATION NOTE: Janitor: The rate for the Janitor occupation applies to Putnam, Rockland, and Westchester Counties only. See Wage Determination 1977-0225 for wage rates and fringe benefits for Bronx, Kings, New York, Queens, and Richmond Counties. ____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 16.25 01012 - Accounting Clerk II 19.61 01013 - Accounting Clerk III 21.89 01020 - Administrative Assistant 32.57 01035 - Court Reporter 23.80 01041 - Customer Service Representative I 14.99 01042 - Customer Service Representative II 16.85 01043 - Customer Service Representative III 18.39 01051 - Data Entry Operator I 14.71 01052 - Data Entry Operator II 16.05 01060 - Dispatcher, Motor Vehicle 25.79 01070 - Document Preparation Clerk 15.56 01090 - Duplicating Machine Operator 15.56 01111 - General Clerk I 14.82 01112 - General Clerk II 17.49 01113 - General Clerk III 18.82 01120 - Housing Referral Assistant 26.92 01141 - Messenger Courier 14.21 01191 - Order Clerk I 18.05 01192 - Order Clerk II 21.67 01261 - Personnel Assistant (Employment) I 18.96 01262 - Personnel Assistant (Employment) II 21.22 01263 - Personnel Assistant (Employment) III 23.66 01270 - Production Control Clerk 24.69 01290 - Rental Clerk 18.04 01300 - Scheduler, Maintenance 21.57 01311 - Secretary I 21.57 01312 - Secretary II 24.82 01313 - Secretary III 26.92 01320 - Service Order Dispatcher 20.50 01410 - Supply Technician 32.57 01420 - Survey Worker 21.64 01460 - Switchboard Operator/Receptionist 15.67 01531 - Travel Clerk I 15.98 01532 - Travel Clerk II 17.31 01533 - Travel Clerk III 18.79 01611 - Word Processor I 17.62 01612 - Word Processor II 19.79 01613 - Word Processor III 22.13 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 28.29 05010 - Automotive Electrician 28.50 05040 - Automotive Glass Installer 27.31 05070 - Automotive Worker 27.31 05110 - Mobile Equipment Servicer 24.42 05130 - Motor Equipment Metal Mechanic 30.31 05160 - Motor Equipment Metal Worker 27.31 05190 - Motor Vehicle Mechanic 29.68 05220 - Motor Vehicle Mechanic Helper 23.15 05250 - Motor Vehicle Upholstery Worker 26.12 05280 - Motor Vehicle Wrecker 27.31 05310 - Painter, Automotive 28.50 05340 - Radiator Repair Specialist 27.31 05370 - Tire Repairer 18.22 05400 - Transmission Repair Specialist 29.68 07000 - Food Preparation And Service Occupations 07010 - Baker 19.55 07041 - Cook I 17.97 07042 - Cook II 19.55 07070 - Dishwasher 14.67 07130 - Food Service Worker 14.67 07210 - Meat Cutter 19.55 07260 - Waiter/Waitress 15.50 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 21.14 09040 - Furniture Handler 16.07 09080 - Furniture Refinisher 21.14 09090 - Furniture Refinisher Helper 17.75 09110 - Furniture Repairer, Minor 19.44 09130 - Upholsterer 21.14 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 14.92 11060 - Elevator Operator 14.92 11090 - Gardener 18.74 11122 - Housekeeping Aide 15.70 11150 - Janitor 15.70 11210 - Laborer, Grounds Maintenance 15.89 11240 - Maid or Houseman 15.38 11260 - Pruner 14.75 11270 - Tractor Operator 18.02 11330 - Trail Maintenance Worker 15.89 11360 - Window Cleaner 16.95 12000 - Health Occupations 12010 - Ambulance Driver 24.99 12011 - Breath Alcohol Technician 24.87 12012 - Certified Occupational Therapist Assistant 26.53 12015 - Certified Physical Therapist Assistant 24.51 12020 - Dental Assistant 16.80 12025 - Dental Hygienist 38.84 12030 - EKG Technician 28.65 12035 - Electroneurodiagnostic Technologist 28.65 12040 - Emergency Medical Technician 24.99 12071 - Licensed Practical Nurse I 21.76 12072 - Licensed Practical Nurse II 24.34 12073 - Licensed Practical Nurse III 25.39 12100 - Medical Assistant 16.66 12130 - Medical Laboratory Technician 22.69 12160 - Medical Record Clerk 19.17 12190 - Medical Record Technician 21.44 12195 - Medical Transcriptionist 19.97 12210 - Nuclear Medicine Technologist 39.93 12221 - Nursing Assistant I 12.37 12222 - Nursing Assistant II 14.72 12223 - Nursing Assistant III 15.82 12224 - Nursing Assistant IV 16.79 12235 - Optical Dispenser 25.51 12236 - Optical Technician 16.64 12250 - Pharmacy Technician 16.04 12280 - Phlebotomist 18.47 12305 - Radiologic Technologist 30.89 12311 - Registered Nurse I 32.76 12312 - Registered Nurse II 38.41 12313 - Registered Nurse II, Specialist 38.41 12314 - Registered Nurse III 49.39 12315 - Registered Nurse III, Anesthetist 49.39 12316 - Registered Nurse IV 59.22 12317 - Scheduler (Drug and Alcohol Testing) 28.21 12320 - Substance Abuse Treatment Counselor 24.12 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 27.03 13012 - Exhibits Specialist II 33.49 13013 - Exhibits Specialist III 40.95 13041 - Illustrator I 26.51 13042 - Illustrator II 32.31 13043 - Illustrator III 39.22 13047 - Librarian 37.25 13050 - Library Aide/Clerk 15.79 13054 - Library Information Technology Systems 32.65 Administrator 13058 - Library Technician 25.62 13061 - Media Specialist I 23.57 13062 - Media Specialist II 26.35 13063 - Media Specialist III 29.39 13071 - Photographer I 21.29 13072 - Photographer II 24.10 13073 - Photographer III 32.88 13074 - Photographer IV 38.49 13075 - Photographer V 46.55 13090 - Technical Order Library Clerk 15.70 13110 - Video Teleconference Technician 26.76 14000 - Information Technology Occupations 14041 - Computer Operator I 19.00 14042 - Computer Operator II 21.26 14043 - Computer Operator III 23.71 14044 - Computer Operator IV 26.94 14045 - Computer Operator V 29.17 14071 - Computer Programmer I (see 1) 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 19.00 14160 - Personal Computer Support Technician 26.94 14170 - System Support Specialist 38.24 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 39.54 15020 - Aircrew Training Devices Instructor (Rated) 43.75 15030 - Air Crew Training Devices Instructor (Pilot) 52.46 15050 - Computer Based Training Specialist / Instructor 39.54 15060 - Educational Technologist 33.02 15070 - Flight Instructor (Pilot) 52.46 15080 - Graphic Artist 35.27 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 45.66 15086 - Maintenance Test Pilot, Rotary Wing 45.66 15088 - Non-Maintenance Test/Co-Pilot 45.66 15090 - Technical Instructor 31.44 15095 - Technical Instructor/Course Developer 38.34 15110 - Test Proctor 25.30 15120 - Tutor 25.30 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 11.62 16030 - Counter Attendant 11.62 16040 - Dry Cleaner 14.30 16070 - Finisher, Flatwork, Machine 11.62 16090 - Presser, Hand 11.62 16110 - Presser, Machine, Drycleaning 11.62 16130 - Presser, Machine, Shirts 11.62 16160 - Presser, Machine, Wearing Apparel, Laundry 11.62 16190 - Sewing Machine Operator 15.20 16220 - Tailor 16.18 16250 - Washer, Machine 12.60 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 20.89 19040 - Tool And Die Maker 24.21 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 16.96 21030 - Material Coordinator 24.69 21040 - Material Expediter 24.69 21050 - Material Handling Laborer 16.41 21071 - Order Filler 15.58 21080 - Production Line Worker (Food Processing) 16.96 21110 - Shipping Packer 15.49 21130 - Shipping/Receiving Clerk 15.49 21140 - Store Worker I 15.70 21150 - Stock Clerk 19.68 21210 - Tools And Parts Attendant 16.96 21410 - Warehouse Specialist 16.96 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 29.94 23019 - Aircraft Logs and Records Technician 25.24 23021 - Aircraft Mechanic I 28.82 23022 - Aircraft Mechanic II 29.94 23023 - Aircraft Mechanic III 31.05 23040 - Aircraft Mechanic Helper 22.42 23050 - Aircraft, Painter 26.60 23060 - Aircraft Servicer 25.24 23070 - Aircraft Survival Flight Equipment Technician 26.60 23080 - Aircraft Worker 26.59 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 26.59 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 28.82 II 23110 - Appliance Mechanic 21.38 23120 - Bicycle Repairer 17.13 23125 - Cable Splicer 37.46 23130 - Carpenter, Maintenance 29.89 23140 - Carpet Layer 27.98 23160 - Electrician, Maintenance 37.18 23181 - Electronics Technician Maintenance I 25.08 23182 - Electronics Technician Maintenance II 29.17 23183 - Electronics Technician Maintenance III 31.14 23260 - Fabric Worker 30.80 23290 - Fire Alarm System Mechanic 21.67 23310 - Fire Extinguisher Repairer 24.76 23311 - Fuel Distribution System Mechanic 32.93 23312 - Fuel Distribution System Operator 29.92 23370 - General Maintenance Worker 24.67 23380 - Ground Support Equipment Mechanic 28.82 23381 - Ground Support Equipment Servicer 25.24 23382 - Ground Support Equipment Worker 26.59 23391 - Gunsmith I 24.76 23392 - Gunsmith II 27.63 23393 - Gunsmith III 29.98 23410 - Heating, Ventilation And Air-Conditioning 28.89 Mechanic 23411 - Heating, Ventilation And Air Contditioning 30.01 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 28.11 23440 - Heavy Equipment Operator 37.82 23460 - Instrument Mechanic 30.86 23465 - Laboratory/Shelter Mechanic 28.83 23470 - Laborer 15.95 23510 - Locksmith 21.78 23530 - Machinery Maintenance Mechanic 24.94 23550 - Machinist, Maintenance 20.81 23580 - Maintenance Trades Helper 16.90 23591 - Metrology Technician I 30.86 23592 - Metrology Technician II 33.34 23593 - Metrology Technician III 34.56 23640 - Millwright 34.28 23710 - Office Appliance Repairer 22.95 23760 - Painter, Maintenance 25.47 23790 - Pipefitter, Maintenance 33.83 23810 - Plumber, Maintenance 32.93 23820 - Pneudraulic Systems Mechanic 29.98 23850 - Rigger 26.80 23870 - Scale Mechanic 27.63 23890 - Sheet-Metal Worker, Maintenance 30.55 23910 - Small Engine Mechanic 20.63 23931 - Telecommunications Mechanic I 34.00 23932 - Telecommunications Mechanic II 35.42 23950 - Telephone Lineman 36.19 23960 - Welder, Combination, Maintenance 23.02 23965 - Well Driller 27.38 23970 - Woodcraft Worker 28.48 23980 - Woodworker 21.45 24000 - Personal Needs Occupations 24550 - Case Manager 16.38 24570 - Child Care Attendant 13.87 24580 - Child Care Center Clerk 17.30 24610 - Chore Aide 12.67 24620 - Family Readiness And Support Services 16.38 Coordinator 24630 - Homemaker 19.21 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 31.93 25040 - Sewage Plant Operator 29.71 25070 - Stationary Engineer 31.93 25190 - Ventilation Equipment Tender 26.08 25210 - Water Treatment Plant Operator 29.71 27000 - Protective Service Occupations 27004 - Alarm Monitor 21.03 27007 - Baggage Inspector 17.98 27008 - Corrections Officer 34.07 27010 - Court Security Officer 33.73 27030 - Detection Dog Handler 20.36 27040 - Detention Officer 34.07 27070 - Firefighter 34.56 27101 - Guard I 17.98 27102 - Guard II 20.36 27131 - Police Officer I 35.61 27132 - Police Officer II 39.53 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 17.13 28042 - Carnival Equipment Repairer 17.97 28043 - Carnival Worker 14.67 28210 - Gate Attendant/Gate Tender 16.49 28310 - Lifeguard 13.13 28350 - Park Attendant (Aide) 18.46 28510 - Recreation Aide/Health Facility Attendant 18.95 28515 - Recreation Specialist 22.88 28630 - Sports Official 14.69 28690 - Swimming Pool Operator 20.98 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 32.89 29020 - Hatch Tender 32.89 29030 - Line Handler 32.89 29041 - Stevedore I 28.84 29042 - Stevedore II 36.14 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 41.15 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 28.37 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 31.25 30021 - Archeological Technician I 19.69 30022 - Archeological Technician II 22.02 30023 - Archeological Technician III 27.27 30030 - Cartographic Technician 27.27 30040 - Civil Engineering Technician 27.73 30051 - Cryogenic Technician I 27.16 30052 - Cryogenic Technician II 29.99 30061 - Drafter/CAD Operator I 19.69 30062 - Drafter/CAD Operator II 22.02 30063 - Drafter/CAD Operator III 24.55 30064 - Drafter/CAD Operator IV 30.20 30081 - Engineering Technician I 19.98 30082 - Engineering Technician II 22.47 30083 - Engineering Technician III 25.28 30084 - Engineering Technician IV 31.22 30085 - Engineering Technician V 38.08 30086 - Engineering Technician VI 46.07 30090 - Environmental Technician 23.32 30095 - Evidence Control Specialist 24.52 30210 - Laboratory Technician 21.83 30221 - Latent Fingerprint Technician I 26.81 30222 - Latent Fingerprint Technician II 29.61 30240 - Mathematical Technician 26.78 30361 - Paralegal/Legal Assistant I 23.36 30362 - Paralegal/Legal Assistant II 28.94 30363 - Paralegal/Legal Assistant III 35.39 30364 - Paralegal/Legal Assistant IV 42.84 30375 - Petroleum Supply Specialist 29.99 30390 - Photo-Optics Technician 27.27 30395 - Radiation Control Technician 29.99 30461 - Technical Writer I 27.81 30462 - Technical Writer II 33.91 30463 - Technical Writer III 41.04 30491 - Unexploded Ordnance (UXO) Technician I 26.15 30492 - Unexploded Ordnance (UXO) Technician II 31.64 30493 - Unexploded Ordnance (UXO) Technician III 37.92 30494 - Unexploded (UXO) Safety Escort 26.15 30495 - Unexploded (UXO) Sweep Personnel 26.15 30501 - Weather Forecaster I 27.16 30502 - Weather Forecaster II 33.03 30620 - Weather Observer, Combined Upper Air Or (see 2) 24.55 Surface Programs 30621 - Weather Observer, Senior (see 2) 27.27 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 31.64 31020 - Bus Aide 18.04 31030 - Bus Driver 21.88 31043 - Driver Courier 16.75 31260 - Parking and Lot Attendant 10.97 31290 - Shuttle Bus Driver 17.80 31310 - Taxi Driver 15.21 31361 - Truckdriver, Light 17.80 31362 - Truckdriver, Medium 18.87 31363 - Truckdriver, Heavy 24.52 31364 - Truckdriver, Tractor-Trailer 24.52 99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 15.43 99030 - Cashier 10.95 99050 - Desk Clerk 16.69 99095 - Embalmer 31.36 99130 - Flight Follower 26.15 99251 - Laboratory Animal Caretaker I 16.32 99252 - Laboratory Animal Caretaker II 17.14 99260 - Marketing Analyst 34.76 99310 - Mortician 34.64 99410 - Pest Controller 18.75 99510 - Photofinishing Worker 16.23 99710 - Recycling Laborer 21.76 99711 - Recycling Specialist 24.85 99730 - Refuse Collector 20.20 99810 - Sales Clerk 14.70 99820 - School Crossing Guard 15.86 99830 - Survey Party Chief 23.68 99831 - Surveying Aide 15.48 99832 - Surveying Technician 20.42 99840 - Vending Machine Attendant 21.12 99841 - Vending Machine Repairer 25.57 99842 - Vending Machine Repairer Helper 20.88 ____________________________________________________________________________________ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, 4 weeks after 10 years, and 5 weeks after 20 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 eleven paid holidays per year: New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). ** HAZARDOUS PAY DIFFERENTIAL ** An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. ** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS ** The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated. ** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard Form 1444 (SF-1444) ** Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the U.S. Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour Division's decision to the contractor. 6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)). Information required by the Regulations must be submitted on SF-1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1)).
 
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Place of Performance
Address: 26 Federal Plaza, New York, New York, 10278, United States
Zip Code: 10278
 
Record
SN04369831-W 20170114/170112233947-d1a5bbca56c77920cc44ffaa62f78bfc (fbodaily.com)
 
Source
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