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FBO DAILY - FEDBIZOPPS ISSUE OF MAY 18, 2017 FBO #5655
SOLICITATION NOTICE

Q -- Board Certified Mobile Occupational Health professional - Combo Synopsis - CDRL

Notice Date: 5/16/2017
Notice Type: Combined Synopsis/Solicitation
NAICS: 621111 — Offices of Physicians (except Mental Health Specialists)
Contracting Office: Department of the Army, National Guard Bureau, USPFO for Oregon, Attn: USPFO-P, PO Box 14840, Salem, Oregon, 97309-5008
ZIP Code: 97309-5008
Solicitation Number: 11005601
Archive Date: 6/30/2017
Point of Contact: Richard Harvey, Phone: 503-584-3773
E-Mail Address: richard.a.harvey5.mil@mail.mil
(richard.a.harvey5.mil@mail.mil)
Small Business Set-Aside: Total Small Business
Description: CDRL Combo Synopsis Action Code: Combined Synopsis/Solicitation Notice Class Code: Q - Medical Services Subject: Occupational Health Assessments for the Oregon Army National Guard Solicitation Number: 11005601 Posted Date: May 15th 2017 Set-Aside: 100% Small Business Response Date: June 15th 2017 @ 11:00 am Pacific Standard Time Contracting Office Address: United States Priority and Fiscal Office, ATTN: USPFO-P, 1776 Militia Way/PO Box 14350, Salem, Oregon 97309-5047 Description: 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. The solicitation is No. 11005601 and is issued as a Request for Quote (RFQ). The RFQ will result in a firm fixed price contract. The North American Industry Classification System (NAICS) code for this acquisition is 621 - Ambulatory Healthcare Service/621111 - Offices of Physicians. Small business size standard is $11,000,000.00. This acquisition is 100% Set-Aside for Small Business. The government intends to award a Firm Fixed price contract award. Electronic quotations are the only acceptable method of quotation. Faxed offers will not be considered. Email quotations to CPT Richard Harvey, at: richard.a.harvey5.mil@mail.mil@mail.mil. The award will only be made to an offeror whose quotation is all-inclusive of the requirements on this solicitation. Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors' proposals shall be valid for a minimum of 30 days to be acknowledged in the offerors' proposal. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil. Clauses may be accessed electronically in full text through http://farsite.hill.af.mil. Description of requirement: SEE PERFORMANCE WORK STATEMENT BELOW Period of Performance: After contract award, the anticipated Period of Performance (PoP) will be from July 1st, 2017 through January 1st, 2018. Coordination of scheduling shall be a joint effort between the Occupational Health Professional (OHP) and the Contractor. A draft copy of the schedule will be initiated by the OHP and sent to the successful Contractor for review and any needed adjustments. Performance Standards: SEE ATTACHED DD FORM 1423 CONTRACT DATA REQUIREMENTS LIST (CDRL) Basis for Evaluation: Award will be made to the responsible contractor whose quote or offer meets the technical requirements and represents and provides the total lowest price quote. In accordance with FAR Subpart 13.106-1, the Government will consider the following for award: 1. Technical acceptability: The Licensed Mobile Medical provider must be Board Certified and Board Eligible to provide occupational medicine services in the state of Oregon. The quote must provide all necessary medical credentials to be verified by a government medical representative for technical acceptability. If the information provided from the contractor does not provide all information stated for technical acceptance, the quote will be determined "not responsible" and eliminated from award. Visit this link for more information regarding obtaining licensing as a certified Physical Health Professional in the state of Oregon. http://www.oregon.gov/otlb/Documents/ORS%20675.210%20to%20675.340.pdf 2. Price: Lowest price total: All quotes must provide a detailed breakdown of the pricing to be verified by the government as to the cost structure for this requirement. All travel pricing must be in accordance with the Joint Force Travel Regulations (JFTR) for the areas the mobile team will be required to travel to in the PWS 3. Past Performance: Provide no less than two (2) but no more than five (5) past performance references to be evaluated by the government. Past performance should be relevant to the position being solicited for as a certified Occupational Health Therapist. All past performance will be rated as relevant, or not relevant. If the offeror has not previously performed a similar contract for these services for the Oregon National Guard, the offeror shall provide references for similar services performed, to include contract number, and point of contact information. Contractor must be able to provide the below training certificates 3 days before the commencement of work is to start on or before June 28th 2017. Certificates must be provided to the Contracting Officers Representative (COR) along with copies sent to the Contracting Officer and Contract Specialist. AT Level I Training. This provision/clause/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 10 calendar days before contract start date. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR and to the Contracting Officer, within 3 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 3 calendar days of the training event start date (NLT 26 March 2017), with the results reported to the COR and KO before contract commencement. Contracting Manpower Recording Act (CMRA): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the ARMY collection site as described in this associated PWS. The contractor shall complete Contractor Manpower Reporting (CMR) in accordance with the requirements outlined in the PWS. Information regarding CMR, including contractor user guides, can be obtained at the following website: https://cmra.army.mil/help/glossary.html Unit Identification Code (UIC) for the Requiring Activity: W8BAAA Issuing Office DoDAAC: W912JV Discussions: The Government intends to evaluate quotes/offers and make award without discussions with offerors (except clarifications as described in FAR 15.306(a). Therefore, the offeror's initial quote/offer should contain the offeror's best terms from a cost or price standpoint. Do not assume you will have the opportunity to clarify, discuss or revise your quote/offer. Offerors may, at the discretion of the Government, be asked to provide more information and clarification regarding their offer/quote. Request for such information does not constitute discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The Government intends to make a single, Firm-Fixed Price award. CLIN 0001: Provide Personnel, Equipment, Services and Travel per the Performance Work Statement TOTAL tiny_mce_marker________________ CLIN 0002: Army Contractor Manpower Reporting Requirement (yearly requirement). See individual Line Item PWS. Include price for this reporting requirement (see requirement below) or indicate "No Charge". TOTAL tiny_mce_marker_______________ TOTAL CLIN 0001 - 0002 TOTAL tiny_mce_marker________________ REQUIREMENTS FOR YOUR QUOTE: 1. Please submit a quote on your company letterhead showing a price per contract line item (CLIN) with a total price at the bottom. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. PRICES QUOTED MUST BE VALID FOR 30 DAYS. FOB Destination TO: Please return this page and provide the following information. Contact Person: ________________________________________________________ E-mail Address: ________________________________________________________ Telephone: ____________________________________________________________ DUNS Number: _________________________________________ CAGE Code: ________________________________________ Federal Tax ID Number _____________________________________________ FAR 13.004 -- Legal Effect of Quotations. (a) Any response to this synopsis/solicitation will be considered a "quotation". "Offer" means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. Quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a supplier's quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer. (b) When appropriate, the contracting officer may ask the supplier to indicate acceptance of an order by notification to the Government, preferably in writing, as defined at 2.101. In other circumstances, the supplier may indicate acceptance by furnishing the supplies or services ordered or by proceeding with the work to the point where substantial performance has occurred. (c) If the Government issues an order resulting from a quotation, the Government may (by written notice to the supplier, at any time before acceptance occurs) withdraw, amend, or cancel its offer. (See 13.302-4 for procedures on termination or cancellation of purchase orders.) OREGON ARMY NATIONAL GUARD (ORARNG) PERFORMANCE WORK STATEMENT (PWS) 1. GENERAL The Performance Work Statement (PWS) supports the Oregon Army National Guard (ORARNG) for the Occupational Health Medical Surveillance Physical Examinations in accordance with the Occupational Safety and Health Administration (OSHA) and other Department of Defense regulations. The contractor will be required to provide exams via a mobile medical vehicle to employees located at Field Maintenance Shops (FMS) located in the following Oregon cities: Pendleton, Powell Butte, Warrenton, Portland and Salem. The contractor will assign an on‐site coordinator to manage the operation as they perform a physical exam to the selected ORARNG employees. All issues pertaining to the exam process, contractor's personnel/staffing, mobile medical unit problems, schedule changes, emergencies related to staff and or the Mobile Medical Unit, will be the responsibility of the contractor's on‐site coordinator. The estimated number of personnel to be examined is 285 annually (total for annual surveillance). The contractor will provide a complete set of all examination forms and questionnaires to be utilized for the physical exam for the purpose of review for any possible editing requirements to meet the needs of the ORARNG. Additionally, once determined that the forms and questionnaires meet the needs for the exam process, the contractor will distribute questionnaires to the scheduled maintenance employees to complete in advance of the exam process. The Occupational Health Nurse for the ORARNG is your point of contact for all issues concerning this Performance Work Statement. 2. PURPOSE 2.1. The purpose of Occupational Medical Surveillance is to provide job-related Medical Surveillance Physical Examinations and Occupational Health Services to the ORARNG full-time technician employees and/or temporary technician employees who are or potentially exposed to health hazards in the work environment. The examination shall include personnel assigned to positions requiring specific standards of physical fitness. Personnel not included under these examinations are Oregon State Employees, civilian contractors, and the ORARNG M-Day soldiers. 2.1.1 Occupational Codes include: 2600 - Electronic Equipment Installation and Maintenance Family; 3100 - Fabric and leather work family; 3300 - Instrument Work Family; 3400 - Machine Tool Work Family; 3700 - Metal Processing Family; 3800 - Metal Work Family, 4100 - Painting and Paperhanging Family; 4600 - Wood Work Family; 5800 - Transportation / Mobile Equipment Maintenance Family; 6600 - Armament Work Family and 8800- Aircraft Overhaul Family. 2.2. The ORARNG will evaluate the quality of professional and administrative services provided. The ORARNG will retain no control over the medical professional aspects of services rendered such as testing procedures. The Contractor will provide a minimum of a Board Eligible Occupational Health Physician (s), and provided supervision, labor, tools, materials, equipment, and incidentals required to conduct the Occupational Health Medical Surveillance Physical Examination / Occupational Health Services for the ORARNG. 3. PROCEDURES and STANDARDS 3.1. This contract is for "Non Personal" Health Care "Services", as defined in 37.101. In accordance with FAR Part 37.4 the ORARNG may enter into a non-personal health care services contract with physicians, dentists and other health care providers under authority of 10 U.S.C. 2304 and 41 U.S.C. 253. The ORARNG shall evaluate the quality of professional and administrative services provided. The ORARNG federal and state employees retains no control over the medical, professional aspects of services rendered. The Contractor will indemnify the ORARNG for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance as the government is not liable for the act. The Contractor will maintain medical liability insurance, in a coverage amount acceptable to the ORARNG Contracting Officer. This will not be less than the amount normally prevailing within the local community for the medical specialty concerned. The Contractor is required to ensure that its subcontractors, if any, for provisions of health care services, contain the requirements of the clause at 52.237-7, Indemnification and Medical Liability Insurance, including the maintenance of medical liability insurance. 3.2. Contractor shall ensure all procedures are conducted in accordance with applicable American Board of Occupational and Environmental Medicine (ABOEM), American Association of Occupational Health Nurses (AAOHN), U.S. Department of Labor, Occupational Safety and Health Administration (OSHA), and the National Institute for Occupational Safety and Health (NIOSH) Standards. 3.3. Contractor shall ensure all clinical laboratory services are performed by a laboratory licensed through the U.S. Department of Health and Human Services (DHHS), Health Care Financing Administration pursuant to the terms of the Clinical Laboratories Improvement Amendment of 1967 (42 U.S.C. 263a) and the College of American Pathologies. 3.4. Contractor shall provide a Board eligible or Certified Occupational Medicine Physician to conduct job-related occupational medical surveillance physical examinations and occupational health consultation services. 3.5. Contractor shall arrange for the opportunity to consult with a representative of the ORARNG by telephone to coordinate or resolve issues that might arise before, during, and after the testing period. 3.6. Contractor shall perform a comprehensive review and evaluation to determine medical and respiratory fitness and qualification within 30-days following the conclusion of testing. The Contracting Officer's Representative will contact and schedule a follow-up review and evaluation meeting to discuss positive and negative aspects of testing. 3.7. Contractor shall ensure licensed medical technicians will perform the medical surveillance physical examination screening/testing elements. The medical surveillance person(s) to operate the audiogram must be certified by the Council for Accreditation in Occupational Hearing Conservation (CAOHC). Personnel conducting Spirometry shall be certified through a program approved by the National Institute for Occupational Safety and Health (NIOSH). 3.8. Contractor shall ensure instrumentation must meet or exceed appropriate performance standards, and accuracy must be verified in accordance with current Occupational Medicine Certification standards. 4. REFERENCES 4.1. Army Regulation 40-5, Preventive Medicine 4.2. National Guard Regulation 385-10, Army National Guard Safety and Occupational Health Program 4.3. U.S. Department of Labor, Code of Federal Regulations 29 (CFR) 1910.120 (b) (5), (f), Medical Surveillance 4.4. Headquarters, Department of the Army Pamphlet (DA PAM) 40-501 Hearing Conservation 4.5 Occupational Medical Examination and Surveillance Manual, DoD 6055.05-M 5. MEDICAL SURVEILLANCE - (Annual Physical Examinations) Occupational Medical Surveillance Protocols shall consist of the following 2 Panels by working group classification numbers: 5.1 TEST PANEL: 01 (Work Groups: Reference Paragraph 2.1.1) Fasting: Standard Flow Rate: One patient every 15 minutes History: Confidential Worker Health Questionnaire that includes respiratory history for P.P.E. (Mask) Wearers. Employee ID: Standard Government will provide the following forms which will be used as required: Respirator Fit Test Record Fit Test Qualification Form Physician Examination Record Blood Pressure: Seated, right and left arm, record results on P.E. Form and Physician Examination Record Height/Weight: Inches and pounds, record results on P.E. form and on Physician Examination Record MD Exam: Hands on physical by a minimum of a board eligible doctor Temperature and Respirations: Under normal conditions, record results on Government provided Form and on Physician Examination Record Resting Pulse Rate: Pulmonary Function test, record results on Government provided Form and on Physician Examination Record Spirometry: IAW American College of Occupational and Environmental Medicine (ACOEM) guidelines by a minimum of a certified spirometry technician. Urinalysis: Dipstick Vision: Near and Far Acuity (with and without correction as applicable), color and vertical/lateral phorias, and record results on Government provided form Respirator Clearance: Cleared; Cleared with limitations or Not Cleared LABORATORY SPECIMENS (Test Panel 01): One (1) Tiger Top Tube Blood Chemistries/HDL/LDL/CBC One (1) Lavender Top Tube One (1) Lavender Blood Lead/ZPP 5.2 TEST PANEL: 02 (Work Groups: Reference Paragraph 2.1.1) Fasting: 9-12 hours; only water permitted. Flow Rate: One patient every 15 minutes History: Confidential Worker Health Questionnaire that includes respiratory history for P.P.E. (Mask) Wearers. Employee ID: Date of Birth and last 4 of Social Security Number Special Forms as required: Respirator Fit Test Record Fit Test Qualification Form Physician Examination Record Blood Pressure: Seated, right and left arm, record results on P.E. Form and Physician Examination Record Height/Weight: Inches and pounds, record results on P.E. form and on Physician Examination Record MD Exam: Hands on physical by a minimum of a board eligible doctor Temperature and Respirations: Under normal conditions, record results on Government provided Form and on Physician Examination Record Resting Pulse Rate: Pulmonary Function test, record results on Government provided Form and on Physician Examination Record Spirometry: IAW American College of Occupational and Environmental Medicine (ACOEM) guidelines by a minimum of a certified spirometry technician. Urinalysis: Dipstick Vision: Near and Far Acuity (with and without correction as applicable), color and vertical/lateral phorias, and record results on Government provided form Respirator Clearance: Cleared; Cleared with limitations or Not Cleared LABORATORY SPECIMENS (Test Panel 05): One (1) Tiger Top Tube Blood Chemistries/HDL/LDL/CBC One (1) Lavender Top Tube One Lavender Top Tube Blood Lead/ZPP One Blue Top Tube Blood Cadmium One (1) 10 ml Acid Washed Urine Container Urine Chromium 6. PERSONAL PROTECTIVE EQUIPMENT (PPE) 6.1. Contractor shall ensure each healthcare worker complies with the requirements of 29 CFR 1910.1030 Blood borne Pathogens Standard. 7. INFECTIOUS WASTE DISPOSAL 7.1. Disposal of all infectious waste shall be in accordance with local, state, and federal regulation and disposed of by the Contractor. 7.2. Contractor shall ensure puncture resistant sharps containers are readily accessible to healthcare workers and located in all treatment areas where sharps could potentially be used. 8. MOBILE UNIT CONFIGURATION 8.1. Medical Surveillance testing that is accomplished using a mobile unit will be designed to ensure complete individual privacy. Features of the unit shall include, but not limed to, a climate-controlled atmosphere, patient waiting / holding area for registration, changing room, on board restroom with hand washing capability, testing and phlebotomy station, individual audiometric testing booth, and physical examination area. The unit will be clean and orderly with clear access to hand washing. There will be a main entrance, to include an emergency exit. 8.2. Mobile units shall be equipped with a self-contained power source. The ORARNG shall not provide power to the Contractor's mobile unit. 9. MEDICAL REPORTS AND RECORDKEEPING 9.1. Contractor shall ensure two (2) copies of the employee's examination findings are furnished. One copy shall be sent to the COR and one copy shall be mailed directly to the individual employee's home of record. Copies provided (sent) in bulk to the COR shall be sent in appropriately secured, correctly sized individual envelops not folded. Each to be identified with the employee's full name, job code, and work location on the front of the sealed envelope, in alphabetical order, and if stapling is required; documents will be stapled in the upper left hand corner, at a minimum. Medical examination results shall include all diagnostic tests, graphs, charts, reports, questionnaires, waivers, employee consent forms, physical findings, and examination results. The Contractor shall provide the COR and employee with a hard copy of these results within 30 working days of completion of testing. The Contractor shall provide the COR the medical examination results on Compact Disk (CD) capable of being uploaded into the Defense Occupational Environmental Health Readiness System (DOEHRS) Version 3.0 within 45 working days of the completion of testing. Results of medical surveillance testing, which are questionable and / or of critical significance shall be communicated directly and immediately to the COR by telephone or express mail. 9.2. Contractor shall identify all medical records with the employee's full name, social security number, date of birth, job code, and the name of the employee's work place or facility at a minimum. The Contractor shall ensure work / health history forms and medical reports are complete and legible (typed / printed). The Contractor will provide a cover letter to each employee whom exam results are sent. The letter will be individualized and will summarize in lay terms individual test results; along with a recommendation as warranted by the results, for the employee to follow up with their personal physician as indicated. At the discretion of the Contractor, a disclaimer may be added to the exam cover letter stating, "If you require further information, and or have questions related to the exam results; you are welcome to reply within thirty days of receipt. If no response, we presume you acknowledge and accept". (A checklist method to disseminate test results is not acceptable). 9.3. Contractor shall be provided the Privacy Act Statement (DD Form 2005) for each employee to sign during the registration process, should employees be instructed to complete a release form by the Contractor. 9.4. The Contractor will provide a comprehensive data processed analytical end report (See CDRL in a binder with dividers that outlines the following in an Excel Spread Sheet Format: a) Tab # 1 - Classification Summary to include: Column # 1 - Employee Name Column # 2 - SSN Column # 3 - D.O.B. Column # 4 -Blood Pressure (B/P) N = normal, A = abnormal Column # 5 - AUDIO - N= normal, A = abnormal Column # 6 - PFT N = normal, A = abnormal, TNP = test not performed Column # 7 - Vision N = normal, A = abnormal Column # 8 - Chest X-Ray - N = normal, A = abnormal Column # 9 - Urine Dip Stick (Urine) - N = normal, A = abnormal Column # 10 - Phys Exam - N = normal, A = abnormal Column # 11 - Resp. Clear - P = Pass, F = fail, TNP = Test Not Performed Column # 12 - LAB - PSA - N = normal, A = abnormal, TNP - Test Not Performed Column # 13 LAB CHEM - N = normal, A = abnormal Column # 14 - LAB - CBC - N = normal, A = abnormal Column # 15 LAB - Lead- N = normal, A = abnormal Column # 16 LAB - ZPP- N = normal, A = abnormal b) Tab # 2 - Fit Test Summary to include: Column # 1 - The tested Employee Name Column # 2 - SSN Column # 3 - D.O.B. Column # 4 - Test Date Column # 5 - Fit Test, 3M 6100 Half Face and Result - P = Pass, F = Fail, TNP = Test Not Performed Column # 6 - Fit Test, 3M 6200 Half Face and Result P = Pass, F = Fail, TNP = Test Not Performed Column # 7 - Fit Test, 3M 6300 Half Face and Result P = Pass, F = Fail, TNP = Test Not Performed Column # 8 - Fit Test, 3 M 7800 Full Face and Result P = Pass, F = Fail, TNP = Test Not Performed. c) Tab # 3 - Employee Listing with Hearing Classifications to include: Column # 1 Employee Names Column # 2 SSN Column # 3 Date\ Column # 4 Speech Frequencies Column # 5 - High Frequencies - Normal, Mild Hearing Loss, Moderate Hearing Loss, Moderate Severe Hearing Loss, and Profound Hearing Loss d) Tab # 4 - Blank e) Tab # 5 - Blank f) Tab # 6 - Employee Listing with Most Recent PFT: Column # 1 Employee Names Column # 2 - Date test conducted Column # 3 - Classification - Normal, Mild Obstructive, Borderline Obstructive, Moderate Obstructive and Significant Obstructive as the test indicates g) Tab # 7 - Employee Listing with most Recent PFT Results: Column # 1 Employee Names Column # 2 Date test conducted Column # 3 - FVC Column # 4 - FEV1 Column # 5 - FEV1/FVC and other information as tested h) Tab # 8 Pulmonary Summary Reports: Analytical Breakdown to include - Total number of employees, Number of Employee Tested, Number with Normal Screening, Number with Mild Restriction, Number with Moderate Restriction, Number with Severe Restriction, Number with Borderline Obstruction, Number with Mild Obstruction, Number with Moderate Obstruction, Number with Severe Obstruction, and Number with Superimposed Restriction. EXAMINATION SCHEDULING 10.1. Coordination of scheduling shall be a joint effort between the Occupational Health Nurse (OHN), the COR and the Contractor. A draft copy of the schedule will be initiated by the OHN and sent to the Contractor for review and any needed adjustments. One patient/employee per 15 minute intervals. All workdays include a one-hour lunch break. No testing shall be performed between 1130 - 1230 hours, however, due to fasting employees, all efforts will be made to obtain blood and urine samples before lunch. 10.2. In the event of a Contractor equipment failure, specific testing and / or parts of examinations that are not completed during the testing period will be completed at a scheduled time mutually convenient for the Contractor and the OHN. Unfinished testing / examinations will be completed at no additional cost to the ORARNG. The option to schedule physicals not completed due to equipment failure, through a local occupational medical facility shall be done at no cost to the ORARNG. The Contractor shall be directly responsible to cover costs for completing these make-up examinations. 10.3. POC for all clinical issues is the ORARNG OHN, CPT Naomi Shantz, 3225 State ST Salem, OR 97309. (503) 584-2289 The following provisions and clauses apply to this acquisition: Note: The full text of a clause/provision may be accessed electronically at: http://farsite.hill.af.mil. Notice: Contractor performance may be evaluated in accordance with policy at FAR 42.1502. Note: Contractor will be required to utilize Wide Area Workflow (WAWF) for electronic submission of payment requests (https://wawf.eb.mil/) 2. Information required by Provision for Evaluation above and references; 3. Proposals must also include completed representations and certifications in the provision 52.212-3 Alt. I. If the offeror has completed 52.212-3 Alt I in SAM.gov, include the appropriate certification for NAICS and size standard in this solicitation. Provisions and Clauses FAR 52.204-7, Systems for Award Management. FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations FAR 52.212-1, Instructions to Offerors-Commercial. FAR 52.212-2, Evaluation-Commercial Items Evaluation. 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, lowest price of all item "all or none". FAR 52.212-3, Offerors Representation and Certifications Commercial Item or complete electronic annual representations and certifications via the System for Award Management (SAM). FAR 52. 211-17, Delivery of Excess Quantities (for multiple quantities). FAR 52.219-6, Notice of Total Small Business Set-Aside. FAR 52.219-28, Post Award Small Business Representation. FAR 52.222-3 Convict Labor FAR 52.222-21, Prohibition Of Segregated Facilities. FAR 52.222-26, Equal Opportunity. FAR 52.222-36, Equal Opportunity for Workers with Disabilities. FAR 52.222-41, Service Contract Act of 1965. FAR 52.222-50, Combating Trafficking in Persons. FAR 52.222-55, Minimum Wages Under Executive Order 13658. FAR 52.223-5 Pollution Prevention and Right to Know Information. FAR 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving. FAR 52.225-13, Restrictions on Certain Foreign Purchases. FAR 52.228-5, Insurance-Work on a government Installation. FAR 52.232-33, Payment by Electronic Funds Transfer--System for Award Management. FAR 52.232-40, Providing Accelerated Payment to Small Business Subcontractors FAR 52.233-3, Protest after Award FAR 52.233-4, Applicable Law for breach of Contract Claim. FAR 52.237-2, Protection of Government Buildings, Equipment and Vegetation. FAR 52.237-7, Indemnification and Medical liability Insurance. FAR 52.253-1, Computer Generated Forms (when contractor is required to submit data). DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials. DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights. DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials. DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls. DFARS 252.204-7012, Safeguarding Unclassified Controlled Technical Information. DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors DFARS 252-225.7001, BAA - Balance of Payments Program. DFARS 252.225-7002, Qualifying Country Sources as Subcontractors. DFARS 252.225-7012, Preference for Certain Domestic Commodities. DFARS 252.225-7031, Secondary Arab Boycott of Israel DFARS 252.232-7003, Electronic Submission of Payment Requests. DFARS 252.232-7010, Levies on Contract Payments DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.246-7000, Material Inspection and Receiving Report. DFARS 252.247-7023, Transportation of Supplies by Sea, Alternate III. DFARS 252.215-7008, Only One Offer. DFARS 252.232-7006, Wide Area Workflow Payment Instructions. 52.212-4 -- Contract Terms and Conditions -- Commercial Items. As prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions -- Commercial Items (Jan 2017) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of Clause) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 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: ___ (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). ___ (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). ___ (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] ___ (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 (Jan 2017) (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 (Jan 2017) (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). ___ (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)). ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). ___ (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). ___ (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). ___ (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. ___ (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) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. ___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (49) (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. ___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150). ___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ___ (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). ___ (62) (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) ___ (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). ___ (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) 52.237-11, 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, 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. (iv) 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. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) (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). (xiii) 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.) (xiv) 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) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 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)(xvii): 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. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 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). (xxii) 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. (xxiii) 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) 52.222-42 -- Statement of Equivalent Rates for Federal Hires. As prescribed in 22.1006(b), insert the following clause: Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. Employee Class Monetary Wage -- Fringe Benefits 12012 - Certified Occupational Therapist GS 11 equivalent or $24.78 (End of Clause) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Sep 2016) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (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). X (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). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm (End of Clause) 52.252-6 -- Authorized Deviations in Clauses. (a) The use in this solicitation or contract of any Federal Acquisition Regulation FAR (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) WAGE DETERMINATION WD 15-5573 (Rev.-1) was first posted on www.wdol.gov on 01/17/2017 ************************************************************************************ 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.: 2015-5573 Daniel W. Simms Division of | Revision No.: 1 Director Wage Determinations| Date of Revision: 01/12/2017 _______________________________________|____________________________________________ 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: Oregon Area: Oregon Counties of Marion, Polk ____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE RATE 12000 - Health Occupations 12010 - Ambulance Driver 19.04 12011 - Breath Alcohol Technician 19.93 12012 - Certified Occupational Therapist 24.78 12015 - Certified Physical Therapist 24.18 12020 - Dental Assistant 17.72 12025 - Dental Hygienist 36.69 12030 - EKG Technician 30.20 12035 - Electroneurodiagnostic Technologist 30.20 12040 - Emergency Medical Technician 19.04 12071 - Licensed Practical Nurse I 18.73 12072 - Licensed Practical Nurse II 20.94 12073 - Licensed Practical Nurse III 23.38 12100 - Medical Assistant 16.51 12130 - Medical Laboratory Technician 20.60 12160 - Medical Record Clerk 15.75 12190 - Medical Record Technician 17.62 12195 - Medical Transcriptionist 18.16 12210 - Nuclear Medicine Technologist 41.90 12221 - Nursing Assistant I 10.35 12222 - Nursing Assistant II 11.63 12223 - Nursing Assistant III 12.68 12224 - Nursing Assistant IV 14.25 12235 - Optical Dispenser 17.85 12236 - Optical Technician 16.60 12250 - Pharmacy Technician 17.09 12280 - Phlebotomist 14.25 12305 - Radiologic Technologist 30.05 12311 - Registered Nurse I 29.04 12312 - Registered Nurse II 35.53 12313 - Registered Nurse II, Specialist 35.53 12314 - Registered Nurse III 42.99 12315 - Registered Nurse III, Anesthetist 42.99 12316 - Registered Nurse IV 51.52 12317 - Scheduler (Drug and Alcohol Testing) 24.70 12320 - Substance Abuse Treatment Counselor 22.07 ____________________________________________________________________________________ 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, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: ** 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 Partie's 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 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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