SECTION B - CONTINUATION OF SF 1449 BLOCKS - Veterans …



tc "SECTION A" \l 1tc "A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS" \l 2PAGE 1 OF1. REQUISITION NO. 2. CONTRACT NO.3. AWARD/EFFECTIVE DATE4. ORDER NO.5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATEa. NAMEb. TELEPHONE NO. (No Collect Calls)8. OFFER DUE DATE/LOCALTIME9. ISSUED BYCODE10. THIS ACQUISITION IS UNRESTRICTED ORSET ASIDE: % FOR:SMALL BUSINESSHUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAMEDWOSB8(A)NAICS:SIZE STANDARD:11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK ISMARKEDSEE SCHEDULE12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TO CODE16. ADMINISTERED BYCODE17a. CONTRACTOR/OFFERORCODEFACILITY CODE18a. PAYMENT WILL BE MADE BYCODETELEPHONE NO.DUNS:DUNS+4:PHONE:FAX:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDSEE ADDENDUM19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(Use Reverse and/or Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA26. TOTAL AWARD AMOUNT (For Govt. Use Only)27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDAAREARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAAREARE NOT ATTACHED28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFERCOPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIEDSET FORTH HEREIN IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)30c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)31c. DATE SIGNEDAUTHORIZED FOR LOCAL REPRODUCTION(REV. 2/2012)PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.2127. FOR SOLICITATIONINFORMATION CALL:STANDARD FORM 1449OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS152VA242-17-R-039406-21-2017SCHRADER, HEATHER585-393-729712-31-2017Department of Veterans Affairs400 Fort Hill Ave.Canandaigua NY 14424X623110$27.5 MillionXN/AXDepartment of Veterans AffairsCanandaigua VA Medical Center400 Fort Hill AvenueCanandaigua NY 14424-1159Department of Veterans AffairsNetwork Contracting Activity400 Fort Hill Ave.Canandaigua NY 14424 The Medical Center making the referral As a result of this Request for Proposals (RFP), theGovernment anticipates awarding multiple Indefinite DeliveryContracts (IDC) under authority 38 U.S. C. 1720 for NursingHome Services for eligible veterans of the Department ofVeterans Affairs in the following New York State Counties:Albany (2); Bronx (1); Cayuga (1); Columbia (1); Dutchess(1); Erie (3); Kings (1); Madison (1); Rensselaer (1);and Saratoga (1).XSherin RabadiContracting OfficerTable of Contents TOC \o &quot;1-4&quot; \f \h \z \u \x SECTION A PAGEREF _Toc485737630 \h 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc485737631 \h 1SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc485737632 \h 4B.1 CONTRACT ADMINSTRATION DATA (Continuation of SF 1449 Blocks 5-18) PAGEREF _Toc485737633 \h 4B.2 SCHEDULE OF ITEMS PAGEREF _Toc485737635 \h 8B.3 RUG IV DESCRIPTIONS PAGEREF _Toc485737636 \h 11B.4 PRICE/COST SCHEDULE PAGEREF _Toc485737637 \h 13B.5 PERFORMANCE WORK STATEMENT (PWS) PAGEREF _Toc485737638 \h 17SECTION C - CONTRACT CLAUSES PAGEREF _Toc485737639 \h 29C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017) PAGEREF _Toc485737640 \h 29C.2 52.216-4 ECONOMIC PRICE ADJUSTMENT—LABOR AND MATERIAL (JAN 2017) PAGEREF _Toc485737641 \h 34C.3 52.216-18 ORDERING (OCT 1995) PAGEREF _Toc485737642 \h 35C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) PAGEREF _Toc485737643 \h 35C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) PAGEREF _Toc485737644 \h 36C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) PAGEREF _Toc485737645 \h 36C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) PAGEREF _Toc485737646 \h 36C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) PAGEREF _Toc485737647 \h 37C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc485737648 \h 37C.10 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc485737649 \h 37C.11 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) PAGEREF _Toc485737650 \h 37C.12 VAAR 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS (DEC 2009) PAGEREF _Toc485737651 \h 37C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc485737652 \h 38C.14 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) PAGEREF _Toc485737653 \h 39C.15 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc485737654 \h 40C.16 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) PAGEREF _Toc485737655 \h 40C.17 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc485737656 \h 40C.18 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017) PAGEREF _Toc485737657 \h 41C.19 MANDATORY WRITTEN DISCLOSURES PAGEREF _Toc485737658 \h 47SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc485737659 \h 48D.1 QASP PAGEREF _Toc485737660 \h 48D.2 WAGE DETERMINATION – ALBANY, RENSSELAER AND SARATOGA COUNTIES PAGEREF _Toc485737661 \h 51D.3 WAGE DETERMINATION – BRONX AND KINGS COUNTIES PAGEREF _Toc485737662 \h 61D.4 WAGE DETERMINATION – CAYUGA COUNTY PAGEREF _Toc485737663 \h 72D.5 WAGE DETERMINATION – COLUMBIA COUNTY PAGEREF _Toc485737664 \h 82D.6 WAGE DETERMINATION – DUTCHESS COUNTY PAGEREF _Toc485737665 \h 92D.7 WAGE DETERMINATION – ERIE COUNTY PAGEREF _Toc485737666 \h 102D.8 WAGE DETERMINATION – MADISON COUNTY PAGEREF _Toc485737667 \h 112SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc485737668 \h 123E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017) PAGEREF _Toc485737669 \h 123E.2 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017) PAGEREF _Toc485737670 \h 127E.3 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc485737671 \h 127E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc485737672 \h 127E.5 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc485737673 \h 128E.6 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc485737674 \h 129E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc485737675 \h 129E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc485737676 \h 130E.9 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) PAGEREF _Toc485737677 \h 130E.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc485737678 \h 130E.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc485737679 \h 130E.12 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) PAGEREF _Toc485737680 \h 131E.13 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JAN 2017) PAGEREF _Toc485737681 \h 134SECTION B - CONTINUATION OF SF 1449 BLOCKSB.1 CONTRACT ADMINSTRATION DATA (Continuation of SF 1449 Blocks 5-18)Contract Administration: All contract administration matters will be handled by the following individual(s):Contractor_____________________________________________Address_____________________________________________City/State/Zip_____________________________________________Facility Name_____________________________________________County_____________________________________________Point of Contact (name) _____________________________________________Telephone Number_____________________________________________Fax Number_____________________________________________Email Address _____________________________________________TAX ID Number _____________________________________________DUNS NUMBER _____________________________________________Government:Contracting Officer: Sherin Rabadi, Division ChiefDepartment of Veterans Affairs, Network Contracting Office 2 Bronx, New York 10468 Phone:718-741-4591Email: Sherin.Rabadi@Solicitation: Heather Schrader, Contract SpecialistDepartment of Veterans Affairs, Canandaigua VA Medical Center400 Fort Hill AvenueCanandaigua, NY 14424Phone: 585-393-7297Email: Heather.Schrader@Albany, Cayuga, Columbia, Madison, Rensselaer, and Saratoga Counties: Constance Lawton, Contract SpecialistDepartment of Veterans Affairs, Network Contracting Office 21309 Buckley RoadSyracuse, NY 13212 Phone: 315-425-4400 ext. 54053Email: Constance.Lawton@Bronx, Dutchess, and King Counties: Regina Ricciardi, Contract SpecialistDepartment of Veterans Affairs, VA Hudson Valley Healthcare System 2094 Albany Post Road, Rt. 9A, Bldg. 4 Room 12Montrose, NY 10548Phone: 914-737-4400 ext. 3198Email: Regina.Ricciardi@Erie County: Sally Gaerte, Contract SpecialistDepartment of Veterans Affairs, Network Contracting Office 22875 Union Road, Suite 3500Cheektowaga, NY 14227Phone: 585-297-1467Email: Sally.Gaerte2@GOVERNMENT INVOICE ADDRESS: Address invoices as instructed by the VA Medical Center making placement.INVOICES: Invoices shall be submitted in arrears:Quarterly[ ]Semi-Annually[ ]Other[X - Monthly] CONTRACT MODIFICATIONS: The Contractor is advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and after advice and consultation with the Contracting Officer’s Representative (COR), has the authority to make changes that will affect contract prices, quantity, quality, delivery terms and conditions, or the term of the contract. In no event shall any understanding or agreement, modification, change order, or other matters in deviation from the terms of this contract between Contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Officer.SYSTEM FOR AWARD MANAGEMENT (SAM): Offeror must be registered in the System for Award Management (SAM). SAM includes the functionality of the previous Central Contractor Registration (CCR) and Online Representations and Certifications Applications (ORCA). No contract will be entered into with an unregistered contractor. Internet access allows registration by completing an electronic online registration application at . CONTRACTING OFFICER’S REPRESENTATIVE: Prior to award, the Contracting Officer will designate a Contracting Officer’s Representative (COR). All work coordination shall be made through the COR. The Contractor shall be provided a copy of the letter of delegation authorizing the COR at the commencement of the term of this agreement. No other person shall be authorized to act in such capacity unless appointed in writing by the Contracting Officer.SOLICITATION/CONTRACT: This solicitation and resulting contract adheres to the format defined in Federal Acquisition Regulation (FAR) Parts 12 and 15. An official copy of the FAR can be obtained at .POST AWARD ORIENTATION (Awards over $1M): The Contracting Officer will schedule a post award orientation conference for contract orientation purposes as required by IL 003A3-12-04, which is available at . SECURITY LANGUAGE: The contractor retained to do work for VA under this contract requires the use and transmission of VA Sensitive Personal Information (SPI) and must follow and adhere to the security controls, enhancements, compensating controls, protocols, regulations, and VA directions as the Contracting Officer (CO) shall direct, including, but not limited to those derived from the Federal Information Security Management Act (FISMA), OMB Circular No. A-130 and VA Handbook 6500/6500.6. The contractor must report any data breach according to the protocols and timeframes in HB 6500. If the contractor retained to do work for VA under this contract requires access, use, etc., of VA SPI as aforesaid, and if an actionable data breach occurs because of the contractor’s acts, omissions, or negligence in following the VA-directed security controls, enhancements, compensating controls, protocols, and/or measures, including, but not limited to the sources above, the contractor is further subject to the statutory requirement to assess liquidated damages under 38 U.S.C. §5725 in the event of a breach of Sensitive Personal Information (SPI)/ Personally Identifiable Information (PII). Said liquidated damages shall be assessed at $37.50 per affected Veteran or beneficiary. A breach in this context includes the unauthorized acquisition, access, use, or disclosure of VA SPI which compromises not only the information’s security or privacy but that of the Veteran or beneficiary as well as the potential exposure or wrongful disclosure of such information as a result of a failure to follow proper data security controls and protocols.VA Handbook 6500 requires the following statement on fax sheets be included: This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law.? All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited.? If you have received this fax in error, please notify this office immediately at the telephone number listed above.If facsimile transmission is used to transmit orders or other necessary patient information to the Contractor, the fax location shall be secure and only accessible by those individuals who will be involved in the care of or administration of the referred veteran.? The VA may use the United States Post Office to send the start orders or other information as required.The Contractor shall submit invoices or any document containing personally identifiable information via the United States Post Office or fax transmission to the program office as instructed by the Contracting Officers Representative. E-mailing any personally identifiable patient information or protected health information is strictly prohibited. TECHNICAL INQUIRIES: Direct all technical inquiries in writing to Contract Specialist, Heather Schrader via email at: Heather.Schrader@. ALL inquiries must be in writing.PROPOSAL DELIVERY: Offers shall be submitted electronically to Heather Schrader at Heather.Schrader@. Faxed offers will not be accepted. Mailed offers will not be accepted.PROPOSAL CHECKLIST: Complete blocks 17a and b and 30a through 30c on page 1 (Standard Form (SF) 1449)Complete Section B.1; 1a. Contract Administration (page 4)Offeror must be registered (and active) in the System for Award Management (SAM). Instructions can be found in Section B.1; 5 (page 5)Complete Section B.1; 14. Acknowledgement of Amendments and return amendment(s) (if applicable) signed by the same official that signed the SF 1449 (box 30a). Complete B.4 Price/Cost Schedule (pages 13-16). Follow all pricing instructions. Price proposals should use the same per diem rates for the base year and all option years. Complete E.3: 52.209-5 Representation by Corporations Regarding an Unpaid Tax Liability or Felony Conviction Under Any Federal Law (page 127)Complete E.4: 52.209-7 Information Regarding Responsibility Matters (pages 127-128)Complete E13: 52.212-3 – Offeror’s Representations and Certifications – Commercial Items (pages 134-152) Provide the most recent State survey (SSA 2567), deficiencies, corrective action plans and concurrence Provide evidence of the following: State Licensure Current Center for Medicare and Medicaid Services (CMS) certification Medical Liability Insurance Facility is fully sprinkled Provide the compilation of bed days for each MDS score for Medicare patients for the last 12 monthsProvide a copy of your 2017 NYS Medicaid per diem rateLIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011): This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011): This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE ______________________________ _____________ ______________________________ _____________ ______________________________ _____________B.2 SCHEDULE OF ITEMS1. Rate Determination: The VA is seeking preferred rates, based on patient care need. VA rates are an all inclusive per diem rate. The per diem rate(s) will apply throughout the term of this Indefinite Delivery Contract (IDC). While the VA uses State Medicaid rates as a reference, VA rates are independent of those payment systems and governed by the terms of this IDC. The per diem rate utilizes the Resident Assessment Instructions (RAI)/Minimum Data Set (MDS) assessment and RUGS score as the reference for rates. The VA reserves the right to request a resident re-assessment at any time during the coverage period.2. Rate Adjustments: Rate adjustments may be requested by either the VA or the Contractor’s authorized Community Nursing Home (CNH) representative during the term of this IDC. Request for Rate adjustments must be accompanied by a justification for consideration by the Contracting Officer. If approved, the IDC must be modified and signed by both the Contractor and the VA Contracting Officer. The effective date of the rate adjustment will be the actual “Effective Date” as indicated on the IDC or the modification. 3. Rehabilitation Therapy: Any type of rehabilitation therapy (physical therapy, occupational therapy, speech therapy, etc.) requires the pre-approval of the VA before the initiation of therapy. 4. Medications: All Medications administered to VA-contracted Veterans residing in a CNH will be charged at the Average Wholesale Price (AWP) or according to the pharmacy bill, whichever is less. Medication costs up to 8.5% of billed care are included in the RUG rate pricing. Medication costs which exceed 8.5% of the monthly per diem will be billed as a separate line item in addition to the applicable RUG rate(s). All calculations will be made on a monthly basis. When a patient’s medication costs are determined to be in excess of the 8.5%, the VA must be promptly alerted to establish an appropriate course of action. This course of action may include the VA providing medication(s) to the CNH for the contracted Veteran or requiring an acceptable alternative medication be substituted. If for any reason the VA provides patient medications, the rate of reimbursement will be decreased by an agreed upon amount. The VA also reserves the right to deny payment for medication, which at its sole discretion, is determined by the VA to be of no clinical benefit to the veteran.5. Private Rooms: A private room rate for clinical concerns such as communicable diseases or infections (e.g., MRSA, VRE), or other pertinent clinical needs may be charged above the negotiated RUG rate for that facility with prior approval by the VA CNH Coordinator or designated VA staff. However, no additional private room charge will be allowed in the following circumstances: where the CNH only maintains private rooms; no double-occupancy rooms are available; and for ventilator-dependent patients with prior-negotiated rates.6. Ventilator Care: Veterans requiring the use of a ventilator will only be placed in a CNH-trained and equipped for those types of specialty patients. The CNH must be inspected and approved by the VA prior to any placements in the ventilator-designated room. Rates for ventilator care will be detailed in the pricing schedule and will be an all-inclusive per diem rate (including ventilator and supplies).7. Specialized Prosthetics Equipment (e.g., special bed and/or bariatric equipment): Veterans may be eligible for specialized equipment when clinically indicated. Pre-approval required by VA.SERVICECOVERED BY PER-DIEMNOT COVERED BY PER DIEM*NOTESAudiology CareXPre-approval and special authorization required Beds (Specialized)XPre-approval and special authorization requiredDental Care (Routine)XDental Care (Extensive)XPre-approval and special authorization requiredDialysisXPre-approval and special authorization required Durable Medical EquipmentXCan be obtained through VAEmergency Room/ Urgent Care VisitsXRefer to Performance Work Statement (PWS) #7 and 13Eye Care (Routine)XHospice CareXPre-approval and special authorization requiredHospitalizationsXRefer to Performance Work Statement (PWS) #7, 13, 14IV TherapyXLab TestsXLaundry/Linen ServiceXMedicationsXSee Schedule of Items (#4)Mental Health (Routine)XMedication review as required by NYS regulationsNursing Care (Routine)XNursing Supplies XOccupational TherapyXPre-approval requiredOxygen TherapyXPastoral CareXPhysical TherapyXPre-approval required Podiatry Care (Routine)XPrivate RoomXSee Schedule of Items (#5) Prosthetics (Custom)XPre-approval and special authorization required Provider Visits (MD/NP)XPsychology ServicesXPre-approval and special authorization required Radiology Studies (Routine)XAll others need to be pre-authorizedRespiratory Therapy (Routine)XRoom and BoardXSocial ServicesXSpeech TherapyXPre-approval requiredSwallowing Evaluation (Diagnostic)XPre-approval requiredTherapeutic Recreational ServicesXTransportationXPre-approval required; on a case-by-case basisVentilator CareXSee Schedule of Items (#6)Wound Care XB.3 RUG IV DESCRIPTIONSLevel of Care determinations are based on the Resource Utilization Groups (RUGS-IV) case-mix. A case-mix system categorizes patients into groups according to their level of care needs. RUGS-IV, like other case-mix systems, defines patients for clinical and reimbursement purposes. Rehabilitation Plus Extensive Services: Residents satisfying all of the following three conditions: Having a minimum activity of daily living (ADL) dependency score of 2 or more. Receiving physical therapy, occupational therapy, and/or speech-language pathology services while a resident. While a resident, receiving complex clinical care and have needs involving tracheostomy care, ventilator/respirator, and/or infection isolation. RUG Scores: RUX, RUL, RVX, RVL, RMX, RHX, RML, RHL, RLX.Rehabilitation: Residents receiving physical therapy, occupational therapy, and/or speech-language pathology services while a resident. RUG Scores: RUC, RUB, RUA, RVC, RVB, RVA, RHC, RHB, RHA, RMC, RMB, RMA, RLB, RLA.Extensive Services: Residents satisfying the following two conditions: Having a minimum ADL dependency score of 2 or more. while a resident, receiving complex clinical care and have needs involving: tracheostomy care, ventilator/respirator, and/or infection isolation. RUG Scores: ES3, ES2, ES1.Special Care High: Residents satisfying the following two conditions: Having a minimum ADL dependency score of 2 or more. Receiving complex clinical care or have serious medical conditions involving any one of the following: comatose, septicemia, diabetes with insulin injections and insulin order changes, quadriplegia with a higher minimum ADL dependence criterion (ADL score of 5 or more), chronic obstructive pulmonary disease (COPD) with shortness of breath when lying flat, fever with pneumonia, vomiting, weight loss, or tube feeding meeting intake requirement, parenteral/IV feeding, or respiratory therapy. RUG Scores: HE2, HE1, HD2, HD1, HC2, HC1, HB2, HB1.Special Care Low: Residents satisfying the following two conditions: Having a minimum ADL dependency score of 2 or more. Receiving complex clinical care or have serious medical conditions involving any of the following: cerebral palsy with ADL dependency score of 5 or more, multiple sclerosis with ADL dependency score of 5 or more, Parkinson’s disease with ADL dependency score of 5 or more, respiratory failure and oxygen therapy while a resident, tube feeding meeting intake requirement, ulcer treatment with two or more ulcers including venous ulcers, arterial ulcers or Stage II pressure ulcers, ulcer treatment with any Stage III or IV pressure ulcer, foot infections or wounds with application of dressing, radiation therapy while a resident, or dialysis while a resident. RUG Scores: LE2, LE1, LD2, LD1, LC2, LC1, LB2, LB1.Clinically Complex: Residents receiving complex clinical care or have conditions requiring skilled nursing management, interventions or treatments involving any of the following: pneumonia, hemiplegia with ADL dependency score of 5 or more, surgical wounds or open lesions with treatment, burns, chemotherapy while a resident, oxygen therapy while a resident, IV medications while a resident, or transfusions while a resident. RUG Scores: CD1, CE2, CE1, CD2, CC2, CC1, CB2, CB1, CA2, CA1.Behavioral Symptoms and Cognitive Performance: Residents satisfying the following two conditions: Having a maximum ADL dependency score of 5 or less. Having behavioral or cognitive performance symptoms, involving any of the following: difficulty in repeating words, temporal orientation, or recall (score on the Brief Interview for Mental Status <=9), difficulty in making self understood, short term memory, or decision making (score on the Cognitive Performance Scale >=3), hallucinations, delusions, physical behavioral symptoms toward others, verbal behavioral symptoms toward others, other behavioral symptoms, rejection of care, or wandering. RUG Scores: BB2, BB1, BA2, BA1.Reduced Physical Function: Residents whose needs are primarily for support with activities of daily living and general supervision. Calculations identify residents who are receiving restorative nursing services as recorded on the MDS and include: urinary and/or bowel training program, passive and/or active range of motion, amputation/prosthesis, training, splint or brace assistance, dressing or grooming training, eating or swallowing training, transfer training, bed mobility and/or walking training, communication training. RUG Scores: PE2, PE1, PD2, PD1, PC2, PC1, PB2, PB1, PA2, PA1.B.4 PRICE/COST SCHEDULEThe offeror shall furnish all personnel, professional and technical services, materials, supplies, equipment and qualified supervision as specified herein for off-site community nursing home (CNH) services to eligible beneficiaries of the Veterans Affairs Medical Centers (VAMC) in the New York/New Jersey VA Healthcare Network (VISN 2). The Government anticipates awarding multiple Indefinite Delivery Contracts (IDC) in the following quantities and geographic locations: Albany County, New York (2)Bronx County, New York (1)Cayuga County, New York (1)Columbia County, New York (1)Dutchess County, New York (1)Erie County, New York (3)King County, New York (1)Madison County, New York (1)Rensselaer County, New York (1)Saratoga County, New York (1)Authority: Title 38 U.S.C. 1720, Transfer to Nursing Home Care Authority, Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items in conjunction with FAR Part 15, Contracting by Negotiation.Place of Performance: Services shall be provided at the offeror’s facility.Period of Performance: Date of award for one base year with four, one-year options to be exercised at the discretion of the Government.Contract Minimum/Maximum: Multiple awards are anticipated in order to accommodate the various VAMCs and catchment areas in New York State. Veterans will be placed in the facility that most adequately meets their needs. The guaranteed minimum contract amount for any contract awarded as a result of this solicitation is for one Veteran for one bed day of care at the facility’s Medicaid Rate. The maximum contract amount for any contract awarded as a result of this solicitation shall not exceed $6,000,000.00. A task order shall be issued at the start of each period of performance exercised and not by Veteran/patient.Note: The Government reserves the right to send patients to facilities other than the offeror. VA acknowledges that, depending on the availability of resources during specific times, acceptance of a referral may be commercially impracticable for the CNH. In that event, the CNH may decline to accept an authorization. If the CNH has determined that space is not available and will not accept the Veteran, the VAMC will seek another CNH for placement. In accordance with FAR 16.505(b)(2)(i)(A) or FAR 16.505(b)(2)(i)(B), VA has determined it is in the best interest of the Veteran to place the individual order without further competition because the need for these services is sometimes urgent and providing the opportunity to all CNHs would result in unacceptable delays in fulfilling that need. The CNH will primarily be selected based on the Veteran’s needs and proximity to the Veteran’s home and/or family.Ordering officers will be authorized to place orders against this contract. The Contracting Officer will furnish the Contractor with the names of individuals authorized as ordering officers, by separate memorandum upon issuance of the contract. When ordering officers are added after award, the Contracting Officer will furnish the Contractor with the names of individuals authorized as ordering officers, by memorandum upon ordering officer appointment. Ordering officers are responsible for issuing and administering orders placed under this contract. Ordering officers have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the Contracting Officer responsible for this contract. The Contractor shall accept orders against this contract only from the Contracting Officer and/or authorized ordering officers. Fulfilling orders from persons other than the Contracting Officer or ordering officer may result in loss or delay in payment for supplies/services provided under such orders.Pricing Instructions: Pricing is based on Medicaid rates. A copy of the Medicaid rate for the Offeror’s facility must be provided.An IDC will not be awarded until a patient need has been identified and acceptance of the referral has been made. The Offeror agrees to hold the prices in its offer firm through the end of 2017.If a service is not provided at the offeror’s facility, indicate NA. The same per diem rates shall be used for the base year and all option years in the offeror’s proposal. These per diem rate(s) will apply throughout the term of the IDC. However, per diem rate adjustments can be requested by either the VA or an authorized CNH representative at any time (not to exceed one per year). Rate adjustments are not effective until the IDC modification is signed by both the Contractor and the VA Contracting Officer. The effective date of the rate adjustment will be the actual “Effective Date” as indicated on the IDC or the modification.Base Year: (dates TBD upon award)CLINITEMPER DIEM RATE0001Bed Hold0002Rehabilitation Plus Extensive Services0003Rehabilitation0004Extensive Services0005Special Care-High0006Special Care-Low0007Clinically Complex0008Behavioral and Cognitive0009Reduced Physical Functions0010Ventilator Dependent CareOption Year 1: (dates TBD upon award)CLINITEMPER DIEM RATE1001Bed Hold1002Rehabilitation Plus Extensive Services1003Rehabilitation1004Extensive Services1005Special Care-High1006Special Care-Low1007Clinically Complex1008Behavioral and Cognitive1009Reduced Physical Functions1010Ventilator Dependent CareOption Year 2: (dates TBD upon award)CLINITEMPER DIEM RATE2001Bed Hold2002Rehabilitation Plus Extensive Services2003Rehabilitation2004Extensive Services2005Special Care-High2006Special Care-Low2007Clinically Complex2008Behavioral and Cognitive2009Reduced Physical Functions2010Ventilator Dependent CareOption Year 3: (dates TBD upon award)CLINITEMPER DIEM RATE3001Bed Hold30002Rehabilitation Plus Extensive Services3003Rehabilitation3004Extensive Services3005Special Care-High3006Special Care-Low3007Clinically Complex3008Behavioral and Cognitive3009Reduced Physical Functions3010Ventilator Dependent CareOption Year 4: (dates TBD upon award)CLINITEMPER DIEM RATE4001Bed Hold4002Rehabilitation Plus Extensive Services4003Rehabilitation4004Extensive Services4005Special Care-High4006Special Care-Low4007Clinically Complex4008Behavioral and Cognitive4009Reduced Physical Functions4010Ventilator Dependent CareB.5 PERFORMANCE WORK STATEMENT (PWS)Overview 1. Federal Acquisition Regulation (FAR) – Indefinite Delivery Contract (IDC). In accordance with FAR 16.504, Indefinite-Quantity Contracts, this is an IDC from the “Award Date” for one base year with four options to renew to be exercised at the sole discretion of the Government. 2. Services Rendered at VA Per Diem Rates. Upon acceptance of a VA patient by the contract nursing home (CNH), if and when requested by the VA Contracting Officer or authorized representative, the Contractor shall furnish all supplies and services herein described, at the per diem rates for the ”Levels of Care” specified in the Schedule of Items of this IDC. The VA “Levels of Care” are defined in an attachment in Section D.1 of the solicitation and the IDC. VA is obligated only to the extent authorized placement of patients is made in accordance with this IDC. 3. Ordering. Orders will be issued by Ordering Officers to place Veterans in nursing homes in accordance with FAR 16.505 (b)(2)(i)(B), which provides that,“ [o]only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.” Nursing home services are unique because placement in a nursing home requires a geographic closeness to the Veteran’s family to maintain high quality of care. Task Orders for nursing home care are typically not competed because a particular geographic location of the nursing home satisfies the uniqueness requirement for an exception to fair opportunity. The placement decision is made by VA clinician and the Veteran while considering where the Veteran and the Veteran’s family reside. Ordering Officer Contact information is as follows: Ordering Officer Name:TBDAddressTBDTelephone numberTBDE-mail addressTBDFacsimile numberTBDBackground/Introduction. The CNH program is a key component of the Veterans Health Administration (VHA) continuum of care. The Contractor agrees to provide in accordance with the terms and conditions stated herein to the U.S. Department of Veterans Affairs New York/New Jersey VA Health Care Network (VISN 2) at the prices specified in the section titled Schedule of Items of this IDC. Nursing home facilities in the CNH program shall cooperate with VA staff in referral of appropriate Veterans for care and accept Veterans of which they have the capability/capacity to care. The term, “facilities,” shall include but not be limited to rooms, wards, sections, eating areas, drinking fountains, entrances, and other like areas. VA shall have the right to inspect the CNH and all appurtenances by authorized VA representative(s) to ensure that acceptable standards are maintained and that the necessary care to maintain the well-being of the patient is rendered. Requirements1. General. Nursing home facilities in the CNH program shall ensure that care meets the health needs and promotes the maximum well-being of VA patients. Nursing home care will be furnished to ensure the total medical, nursing, and psychosocial needs of VA beneficiaries. All nursing home facilities in VA’s CNH program must have current Center for Medicare and Medicaid Services (CMS) certification (Medicare and/or Medicaid) and a State nursing home license. VA developed quality of care standards utilizing CMS inspection criteria that are followed by VA in its selection of nursing homes which includes exclusionary criteria on which the CNH is evaluated. See VHA Handbook 1143.2, “VHA Community Nursing Home Oversight Procedures (June 4, 2004) a copy of which is available at: . VA often has a particular need for specialty care services in the CNH program. The VA requires CNHs to have bed capacity to ensure their ability to take referrals when requested. The CNH also must be able to accept VA referrals in a timely fashion (ideally within 24 hours of request). Provider visits will be available at the rate of one visit per month. Laboratory, x-ray, and other special services will be available to VA patients as needed. In addition, the care provided will include room, meals, nursing care, and other services or supplies commensurate with the VA-authorized level of care, without extra charge. Duly authorized representatives of VA will provide quality oversight visits to Veterans placed to assure continuity of care and to assist in the Veterans’ transition back into the community. These visits do not substitute nor relieve the CNH in any way of the responsibility for the daily care and medical treatment of the Veteran. The per diem rate(s) established in this IDC will include the cost of primary medical care, one provider visit per month and needed consultation, drugs and routine supplies, laboratory, x-ray, and other special services authorized by VA, unless otherwise specifically excepted (see Schedule of Items in this IDC for details regarding per diem rates and coverage). Full attention shall be given to motivating and educating patients to achieve and maintain independence in the activities of daily living. Every effort shall be made to keep patients ambulatory and to achieve an optimal level of self-care.Termination of Services. VA reserves the right to remove any or all VA patients from the CNH at any time when it is determined to be in the best interest of VA or the patients without additional costs to the Government.3. VA Authorizations. Authorization for nursing home care will be submitted on VA Form 10-7078, “Authorization and Invoice for Medical and Hospital Services,” (). Each authorization validity period will be noted on the VA Form 10-7078 with a beginning and end date. Any extension to the original authorization validity period, regardless of the number of days, requires a new VA Form 10-7078.4. Medicaid-Based Rates. The current State Medicaid rates may be used as a basis for determination of VA rates. The VA rate will include medical care, routine medications, laboratory, x-ray, therapy (ies), and other special services authorized by VA, unless otherwise specifically exempted. VA will contract for appropriate Medicaid categories of care using Resource Utilization Groups (RUG-IV) as a guide. As with Medicare, a description of the RUG-IV systems can be found in 42 CFR Parts 409, et al. 5. Primary Medical Coverage. The assigned CNH provider is the primary medical provider during the nursing home stay and is responsible for writing or approving admission and all other orders as soon as the Veteran arrives at the CNH. The CNH provider is responsible for general medical care, urgent evaluation and intervention. Provider visits will be according to the Center for Medicare and Medicaid Services (CMS) guidelines. The assigned nursing home provider will provide timely care following the most current CMS guidelines; arranging 24/7 access for patient care; arranging easy access to VA staff for consultation; providing timely response to calls and arranging for timely provider back-up according to OBRA guidelines (42 CFR 483.40, OBRA Guidelines).6. Rehabilitation Criteria. All therapy provided under this IDC will be individual therapy, rather than group therapy, unless otherwise ordered by the authorizing VA facility. Therapy may require pre-approval by VA before services are provided. Medical Restorative criteria will be used for physical therapy, occupational therapy, and speech therapy. Therapy must be skilled, relate to safety and be restorative according to Medicare criteria. Description of Rehabilitative Therapy. The concept of rehabilitative therapy includes recovery or improvement in function and, when possible, restoration to a previous level of health and well-being. Therefore, evaluation, re-evaluation and assessment documented in the Progress Report shall describe objective measurements which, when compared, show improvements in function, or decrease in severity, or justification for an optimistic outlook to justify continued treatment. Covered therapy services shall be rehabilitative therapy services unless they meet the criteria for maintenance therapy requiring the skills of a therapist. Evaluations/re-evaluations should consider the following: Establishment of treatment goals specific to the patient’s disability or dysfunction and designed to specifically address each problem identified in the evaluation; design of a plan of care addressing the patient’s disorder, including establishment of procedures to obtain goals, determining the frequency and intensity of treatment; continued assessment and analysis during implementation of the services at regular intervals; instruction leading to establishment of compensatory skills; selection of devices to replace or augment a function (e.g., for use as an alternative communication system and short-term training on use of the device or system); and patient and family training to augment rehabilitative treatment or establish a maintenance program. Education of staff and family shall be ongoing.7. Emergency Care; Financial Responsibility; Advanced Directives. In emergencies, nursing home staff will utilize the 911 local emergency systems as for any resident. The VA shall be notified immediately if a Veteran is transferred to a non-VA hospital. When private hospitalization or emergency services are required, the patient, spouse, financial guardian or insurer is financially responsible. Service connected Veterans may qualify for VA coverage of emergency care provided the VA Health Care System (VAHCS) is contacted by the private hospital provider as soon as possible but no later than 72 hours of admission on the first business day following a weekend or holiday. This includes the cost of necessary transportation for such care. Advance directives or living wills shall be adhered to according to CNH physician’s orders.8. HIPAA Compliance. HIPAA compliance is required. The Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor may be required to enter into a Business Associate Agreement (BAA) with VA, but VACO has recognized CNH Facilities as an entity that does not require a BAA as long as they are conducting health care on VA’s behalf. The CNH care program qualifies as a medical service, so no BAA is required.9. State Licensure; Access to CNH Quality of Care Reports (QASP Indicator #1). The CNH must maintain a current and unrestricted state license to operate as a skilled nursing facility. Changes in the status of the licensure will be immediately reported to the VAMC Home and Community Care Department. VA will monitor the professional care and administrative management of services provided to VA beneficiaries under this IDC, through one or any combination of the following methods: reviews of State agencies reports; on-site inspection of the CNH by VA staff; and/or on-site monitoring of VA patients. The CNH shall provide VA with copies of all State agency reports when requested, and cooperate fully with VA’s quality improvement or quality assurance program functions relating to this IDC, including VA’s on-site inspection and monitoring. The VA Contracting Officer shall make all final determinations as to the Contractor’s reasonable cooperation with VA and compliance with these requirements.10. Corrective Action Plan (QASP Indicator #2). The CNH will cooperate with timely development of Corrective Action Plans (CAPs) related to identified deficiencies and related to State, Federal or VA surveys. The CNH will develop in the time period specified by VA timely and appropriate CAPs for VA surveys or investigation of complaints related to quality of care or sentinel events. The CNH will also supply related documents or data as specified by VA. The CAPs will include but are not limited to the following criteria and shall:Contain elements detailing how the CNH will correct the deficiency as it relates to the individual;Indicate how the CNH will act to protect residents in similar situations;Include the measures the CNH will take or systems that will be altered to ensure that the problem will not recur. The CNH must look at the system and determine if a change to the existing system will work, if a new system is necessary, or if a system does not exist and must be developed;Indicate how the CNH plans to monitor performance to make sure that solutions are permanent. The CNH must develop a quality assurance tool for ensuring that correction is achieved and sustained. This tool must be implemented. Failure to implement a quality assurance tool to sustain compliance will reflect that the CNH has an ineffective quality assurance system; andProvide dates when corrective action will be completed.11. Life Safety Code. The CNH’s building shall conform to the most recent standards of the Life Safety Code (National Fire Protection Association Standard #101) in effect on the date of the IDC award and compliance with all applicable Federal, State and local regulations. The administrator of the CNH is required to notify the VA Contracting Officer in writing at least 30 calendar days prior to any planned facility changes that could impact the Life Safety Code and other safety features of the facility which were in existence at the time this IDC became effective. The VA Contracting Officer will notify the VA Safety Manager responsible for the Life Safety Code inspection of the CNH and he/she will review (inspect the facility if required) the proposed changes and provide necessary approval or disapproval of the CNH to house Veterans during and/or after the proposed changes. These changes may include but are not limited to:Interior changes requiring VA approval. Some examples of facility changes that require the VA Contracting Officer notification are as follows: interior finish, corridor partitions/walls, patient room doors, linen or trash chutes, exits, emergency lighting, fire alarm systems, automatic sprinklers, smoke barrier walls or doors, oxygen systems, compressed gas storage, HVAC, electrical and fuel gas systems;Automatic sprinkler system. All VA contracted CNH facilities are to be fully-equipped with a fully-automatic sprinkler system installed in accordance with the National Fire Protection Association’s (NFPA) standards and be 100% sprinkled;Natural disasters. In the event of a natural disaster (flood, tornado, etc.), the CNH shall communicate all action plans to VA. The action plans will at a minimum identify temporary transfers of location, dates, and names of Veterans transferred; andMajor construction; additions; and renovations. Major construction including building additions or other renovations which may affect physical plant integrity; SHALL MEET latest NFPA 101 Life/Safety Code requirements as well as any additional VA CNH construction standards in place at time of renovation or alteration. 12. Acceptable Safety and Sanitation Practices. Acceptable safety and sanitation practices shall be observed throughout the facility. The CNH will address employee and patient safety practices through staff orientation, training and adherence to related policy or procedures to provide a safe and clean environment.13. Re-admission to the VA Hospital and Emergency Care; Notification of Death of Veterans; CNH Responsibility to Veteran’s Belongings or Personal Effects (QASP Indicator #3). VA beneficiaries who begin to require more than the level of care authorized by VA will be readmitted to an appropriate VA facility, as determined and authorized by VA. When such an admission is not feasible because of the nature of the emergency, hospitalization in a non-Federal facility may be accomplished provided VA authorization is obtained. VA authorization must be obtained as soon as possible or within 72 hours of admission of the patient to a non-Federal facility and notice of any Veteran death within 24-hours or immediately the first business day after a weekend or holiday. If hospitalization of a non-emergency nature is required, readmission to a VA Medical Center may be accomplished as soon as the patient’s condition is sufficiently stabilized to permit admission to a VA Medical Center. In the event of a death of any Veteran, the Contractor agrees to notify VA immediately of the death. In the event a death of a VA beneficiary while receiving nursing home care under this IDC, the CNH will promptly notify the VA facility which authorized admission and immediately assemble, inventory, and safeguard the patient’s personal effects. The funds, deposits, and effects left by the VA patients upon the premises of the CNH shall be delivered by the CNH to the person(s) entitled thereto under the laws currently governing the CNH for making disposition of funds and effects left by patients, unless the beneficiary died without leaving a will, heirs or next of kin capable of inheriting. When disposition has been made, the itemized inventory with annotation as to the disposition of the funds and effects will be immediately forwarded to the VA facility authorizing admission. Should a deceased patient leave no will, heirs, or next of kin, his/her personal property and funds wherever located vests in and becomes the property of the United States in trust. In these cases, the CNH will forward an inventory of any such property and funds in its possession to the VA facility authorizing admission and will hold them (except articles of clothing necessary for proper burial) under safeguard until instructions are received from VA concerning disposition. CMS regulations require retention of records for five years when there is no requirement in State law.14. Leave of Absence (LOA) – Bed-Hold Statement. For re-hospitalizations or therapeutic passes, VA may pay a bed hold. Therapeutic passes may be authorized by the CNH staff based on individual patient needs and shall be pre-approved. VA may cover bed holds based upon the patient’s need and circumstances. Approvals are determined at the VAMC level. Bed-hold will begin the date the resident leaves the CNH and full per diem will resume on the date of readmission to the CNH. Absences of 15 consecutive calendar days or more, whether in a VA or in a non-Federal facility require a new authorization agreement. The nursing home is responsible to notify the family if a bed hold is required for a longer period. The family would then make arrangements with the home to hold the bed. 15. Reportable Events (QASP Indicator #4). VA requires CNHs to report to the CNH Coordinator at VA any of the following events within 24-hours or immediately the first business day after a weekend or holiday: Sentinel events; When there is a change of ownership of the CNH; When there is a change of nursing home administrator or Director of Nursing/Director of Nursing Service; Substantiated allegations of mistreatment, neglect, abuse or misappropriation of CNH Veterans or property; Elopements of CNH Veterans pursuant to state regulations; Infectious outbreaks; Resident to resident or resident to staff altercations involving a CNH Veteran resulting in any injury that is other than minor; Copies of annual surveys or substantiated complaint investigations conducted by a State oversight agency; and Adverse events. Reporting shall include date of occurrence and patient disposition and outcome. A sentinel event may include, but is not limited to the following: A fall resulting in death or injury; Elopement resulting in a missing patient; Patient abuse confirmed or under suspicion; A medication error resulting in patient illness or injury; Death or patient injury related to restraint (including side rails) use; or Death related to an unconfirmed or suspicious cause. When an adverse event occurs involving a CNH Veteran which is not determined to be a Sentinel Event (but that the State requires that the occurrence be reported to the State), such event is also to be reported to VA’s CNH program office. Some adverse events, such as minor medication errors without catastrophic outcomes, are managed by the CNH in the context of their quality improvement programs. It is not necessary for nursing homes to report such incidents to the CNH program office.16. VA Actions Regarding Serious Quality of Care Deficiencies. In cases of serious deficiencies affecting the health or safety of Veterans or in cases of continued uncorrected deficiencies, VA will take one or more of the following actions in accordance with the terms and clauses of the IDC and applicable procurement regulations:Increase VA staffing monitoring until the State survey agency clears the deficiency;Suspend placement of Veterans in the CNH;Remove or transfer Veterans under the IDC from the subject CNH;Not renew the IDC; and/orTerminate the IDC.17. VA Staff Access to CNH Records (QASP Indicator #5). All medical records concerning the Veteran’s care in the CNH will be readily accessible to VA. Upon discharge or the death of a patient, medical records will be retained by the CNH for a period of at least five years following termination of care. Patient records will be maintained in conformance with the Privacy Act of 1974 (5 U.S.C. § 552a). A medical record shall be maintained for each patient, which includes at least the following:VAHCS Referral Package to the CNH: Copy of Physician Orders for Nursing Home Care; CPRS Notes; Discharge Summary including History & Physical information with Medication List; Rehabilitation Progress Notes; and Veteran Demographic Record which includes next of kin information. Copy of Authorization Agreement (VAF 10-7078).Nursing Home Clinical Record: The CNH must maintain clinical records on each Veteran in accordance with accepted professional standards and practice. The clinical record must be: complete, accurately documented, readily accessible, systematically organized, and legible. Clinical records must contain at a minimum: Sufficient information to identify the resident; A record of the Veteran’s assessments, including those assessments performed by services under the IDC with the CNH; The plan of care and services including medication administration, provided by CNH staff and services provided under the IDC with the CNH; Interdisciplinary progress notes to include effect of care provided, Veterans’ response to treatment, change in condition, and changes in treatment; Medical practitioner orders which are signed and dated; Allergies; Person to contact in an emergency situation; Name of attending medical practitioner; and Advanced directives if available. Clinical Record Safeguards: The CNH must safeguard clinical record information against loss, destruction, or unauthorized use. If the CNH maintains a Veteran’s record by computer, electronic signatures are acceptable. If attestation is done on computer records, safeguards to prevent unauthorized access and to provide for reconstruction of information must be in place.18. Specialty Services. The CNH will assume responsibility for arranging specialty care for Veterans (e.g., dental care, podiatry and ophthalmology).19. VA Health Care System Consultation/Resources. (a) For urgent, same-day outpatient specialty care or for non-urgent scheduled clinic appointments/consultations, call during normal business hours, Monday through Friday, excluding holidays. If a same-day appointment is anticipated; please call as early as possible.VAMCTELEPHONEAlbanyTBDBronxTBDHudson ValleyTBDNew York HarborTBDSyracuseTBDWNY (Buffalo & Batavia)TBD(b) For non-emergency consultation or evaluation for admission to the referring VAMC (after initial evaluation or intervention by the nursing home physician), call:VAMCTELEPHONEAlbanyTBDBronxTBDHudson ValleyTBDNew York HarborTBDSyracuseTBDWNY (Buffalo & Batavia)TBD(c) For urgent referrals or consultation after hours, weekends and holidays call:VAMCTELEPHONEAlbanyTBDBronxTBDHudson ValleyTBDNew York HarborTBDSyracuseTBDWNY (Buffalo & Batavia)TBD(d) To arrange transportation (paid by the VA hospital for CNH patients when requested) to and from the VA hospital for clinics, evaluation or hospitalizations call:VAMCTELEPHONEAlbanyTBDBronxTBDHudson ValleyTBDNew York HarborTBDSyracuseTBDWNY (Buffalo & Batavia)TBD20. Charitable Contributions. The CNH will not solicit contributions, donations, or gifts from patients or family members. Note: Established charitable fundraising activities of a CNH fall outside the scope of this language.21. CNH Billing (QASP Indicator #6). Invoices shall be submitted promptly to the authorizing facility by the 15th calendar day following the end of the month in which services were rendered. The CNH will promptly notify the VA CNH Coordinator regarding any change in Veteran status: discharge, transfer, against medical advice (AMA), hospitalization, death and/or any changes in payer source and any ability to complete timely billing. All invoices must include the full name and address of the CNH and shall reflect the patient’s name, social security number, number of days billed, RUG category (ies), and agreed upon RUG rate (s). Failure to include this information may result in delayed payment. The current CNH Billing Cover Sheet can be obtained from the VAMC making the placement. Pre-approved services billed by CMS procedures or CPT codes: All services which are pre-approved by VA as additional to the all-inclusive per diem rate must be billed according to CMS procedures or CPT codes. The CNH will be reimbursed based on local guidelines and VA pricing schedules.High cost drugs: All requests for additional reimbursement for high cost drugs and corresponding billing are due as soon as possible, but no later than 90 calendar days after use of products. Invoices: Corrected invoices must be submitted for additional payment of any ancillary costs or changes to the original billing. All corrected invoices must include all items that are affected by the change and shall include the CNH corrected claim form that can be obtained from the VAMC making the placement.22. Minimum Quantities; VA Payment. It is impossible to determine the exact or estimated amount, which will be expended under this IDC. No obligation will be incurred by VA under this IDC, until authorizations are issued for nursing home care of specific beneficiaries. VA agrees to make payment on a timely basis for services rendered in accordance with such authorizations upon receipt of proper invoices submitted by the CNH as outlined in this IDC. VA will make payment for the day a recipient enters the CNH but not the day the recipient leaves a CNH unless entrance and departure are on the same day, then payment will be made for one day.23. VA Payments. Payments made by VA under any contract pursuant to this IDC, constitute the total cost of nursing home care. No additional charges will be billed to Medicare (with the exception of hospice), Medicaid, or private insurance, the beneficiary or his/her family, either by the CNH or any third party furnishing services or supplies required for such care, unless and until specific prior authorization in writing is obtained from the VA facility authorizing placement. The patient, family and any other entitlement programs (e.g., Medicare, Medicaid, etc.) will not be billed for uncovered services or costs during the VA contract period. This constitutes double-billing and Federal fraud.Vendors who bill electronically using the HIPAA-compliant claims transactions must submit claims through the VA clearinghouse, Emdeon, using payer ID number 12115 for medical claims.Vendors who are not able to use the HIPAA-compliant transactions are not required to do so. Supporting information for monthly invoices will be mailed to the facility making the referral:VAMCNAME/ATTENTIONADDRESSFAXAlbany VA Medical CenterSandra Farmer113 Holland AvenueAlbany, NY 12208518-626-6019518-626-6043BronxAlana Emmet130 W. Kingsbridge RoadBronx, NY 10468718-741-4397Hudson ValleySuzanne Vizethann41 Castle Point RdWappingers Falls, NY 12590845-838-5228New York HarborHelen Zhang423 E23 Street ,NY, ?NY 10010212-686-7500 Syracuse VA Medical CenterEileen Welch800 Irving AvenueSyracuse, NY 13210315-425-4309WNY VA Healthcare System (Buffalo & Batavia)Stephanie Henskee222 Richmond AvenueBatavia, NY 14020585-297-1259VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY: Handbook can be found at: GENERAL: Contractors, contract physicians, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMSA Contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for Contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the Contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.The Contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the Contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the Contractor or subcontractor prior to an unfriendly termination.VA INFORMATION CUSTODIAL LANGUAGEInformation made available to the Contractor or subcontractor by VA for the performance or administration of this contract or information developed by the Contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the Contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).VA information should not be co-mingled, if possible, with any other data on the Contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the Contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on-site inspections of Contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.The Contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.The Contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on Contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.If VA determines that the Contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the Contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.If a VHA contract is terminated for cause, the associated BAA, if required, must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.The Contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.The Contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The Contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.Notwithstanding the provision above, the Contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the Contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that Contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the Contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.LIQUIDATED DAMAGES FOR DATA BREACHConsistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the Contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the Contractor/subcontractor processes or maintains under this contract.The Contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.Each risk analysis shall address all relevant information concerning the data breach, including the following:Nature of the event (loss, theft, unauthorized access);Description of the event, including:date of occurrence;data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;Number of individuals affected or potentially affected;Names of individuals or groups affected or potentially affected;Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;Amount of time the data has been out of VA control;The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);Known misuses of data containing sensitive personal information, if any;Assessment of the potential harm to the affected individuals;Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; andWhether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.Based on the determinations of the independent risk analysis, the Contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:Notification;One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;Data breach analysis;SECURITY CONTROLS COMPLIANCE TESTING: On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the Contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the Contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.SECTION C - CONTRACT CLAUSESC.1 52.212-4 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 as 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 FAR 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; and (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 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 . (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 User 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)ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract:C.2 52.216-4 ECONOMIC PRICE ADJUSTMENT—LABOR AND MATERIAL (JAN 2017) (a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor's proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor's adjustment proposal. (b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause. The Contracting Officer shall modify this contract (1) to include the price adjustment and its effective date and (2) to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date. (c) Any price adjustment under this clause is subject to the following limitations: (1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for— (i) Supplies or services for which the production cost is not affected by such changes; (ii) Changes in rates or unit prices other than those shown in the Schedule; or (iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item. (2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor's failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor's control and without its fault or negligence, within the meaning of the Default clause. (3) There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all line items, either party requests an adjustment under paragraph (b) of this clause. (4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause. (d) The Contracting Officer may examine the Contractor's books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.(End of Clause)C.3 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through End Date of the Contract. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.(End of Clause)C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 bed day of care for 1 veteran, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of $6,000,000.00; (2) Any order for a combination of items in excess of $6,000,000.00; or (3) A series of orders from the same ordering office within 1 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.(End of Clause)C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the end date of the contract..(End of Clause)C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.(End of Clause)C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.(End of Clause)C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond 09/30/2017. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 09/30/2017, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.(End of Clause)C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.(End of Clause)C.10 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) (a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.(End of Clause)C.11 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.(End of Clause)C.12 VAAR 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS (DEC 2009) (a) This clause does not apply to small business concerns. (b) If the offeror is required to submit an individual subcontracting plan, the minimum goals for award of subcontracts to service-disabled veteran-owned small business concerns and veteran-owned small business concerns shall be at least commensurate with the Department's annual service-disabled veteran-owned small business and veteran-owned small business prime contracting goals for the total dollars planned to be subcontracted. (c) For a commercial plan, the minimum goals for award of subcontracts to service-disabled veteran-owned small business concerns and veteran-owned small businesses shall be at least commensurate with the Department's annual service-disabled veteran-owned small business and veteran-owned small business prime contracting goals for the total value of projected subcontracts to support the sales for the commercial plan. (d) To be credited toward goal achievements, businesses must be verified as eligible in the Vendor Information Pages database. The contractor shall annually submit a listing of service-disabled veteran-owned small businesses and veteran-owned small businesses for which credit toward goal achievement is to be applied for the review of personnel in the Office of Small and Disadvantaged Business Utilization. (e) The contractor may appeal any businesses determined not eligible for crediting toward goal achievements by following the procedures contained in 819.407.(End of Clause)C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at .) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of Clause)C.14 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) (a) It is expressly agreed and understood that this is a non- personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor or its health-care providers are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered, including by example, the Contractor's or its health-care providers' professional medical judgment, diagnosis, or specific medical treatments. The Contractor and its health-care providers shall be liable for their liability-producing acts or omissions. The Contractor shall maintain or require all health-care providers performing under this contract to maintain, during the term of this contract, professional liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *__________________. However, if the Contractor is an entity or a subdivision of a State that either provides for self-insurance or limits the liability or the amount of insurance purchased by State entities, then the insurance requirement of this contract shall be fulfilled by incorporating the provisions of the applicable State law.* Amounts are listed below: (b) An apparently successful offeror, upon request of the Contracting Officer, shall, prior to contract award, furnish evidence of the insurability of the offeror and/or of all health- care providers who will perform under this contract. The submission shall provide evidence of insurability concerning the medical liability insurance required by paragraph (a) of this clause or the provisions of State law as to self-insurance, or limitations on liability or insurance. (c) The Contractor shall, prior to commencement of services under the contract, provide to the Contracting Officer Certificates of Insurance or insurance policies evidencing the required insurance coverage and an endorsement stating that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. Certificates or policies shall be provided for the Contractor and/or each health- care provider who will perform under this contract. (d) The Contractor shall notify the Contracting Officer if it, or any of the health-care providers performing under this contract, change insurance providers during the performance period of this contract. The notification shall provide evidence that the Contractor and/or health-care providers will meet all the requirements of this clause, including those concerning liability insurance and endorsements. These requirements may be met either under the new policy, or a combination of old and new policies, if applicable. (e) The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts for health-care services under this contract. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraph (a) of this clause.* Amounts from paragraph (a) above:$1,000,000.00 (End of Clause)C.15 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of New York. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.(End of Clause)C.16 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) The contractor agrees to provide all services specified in this contract for any person determined eligible by the Department of Veterans Affairs, regardless of the race, color, religion, sex, or national origin of the person for whom such services are ordered. The contractor further warrants that he/she will not resort to subcontracting as a means of circumventing this provision.(End of Clause)C.17 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): FAR NumberTitleDate52.203-16PREVENTING PERSONAL CONFLICTS OF INTERESTDEC 201152.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTSAPR 201452.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 201152.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCEJUL 201652.224-1PRIVACY ACT NOTIFICATIONAPR 198452.224-2PRIVACY ACTAPR 198452.232-18AVAILABILITY OF FUNDSAPR 198452.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 2013(End of Clause)(End of Addendum to 52.212-4)C.18 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) 52.203-19, 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 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (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). [X] (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). [X] (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). [X] (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. [X] (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 Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)). [X] (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). [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). [] (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). [X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). [X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [X] (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). [X] (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). [X] (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.) [X] (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. [X] (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.) [] (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). [] (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.) [] (40)(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (OCT 2015) of 52.223-13. [] (41)(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (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) [] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). [] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). [] (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. [X] (50) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (55) 52.232-29, 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)). [X] (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). [X] (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: [] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (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). [X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). [X] (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. (iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (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 and 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)C.19 MANDATORY WRITTEN DISCLOSURES Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSD.1 QASP1. PURPOSE: This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:What will be monitoredHow monitoring will take placeWho will conduct the monitoringHow monitoring efforts and results will be documentedThis QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.2. Government Roles and Responsibilities: The following personnel shall oversee and coordinate surveillance activities. a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.Assigned Contracting Officer (CO): TBDAssigned Contract Specialist: TBDOrganization or Agency: U.S. Department of Veterans Affairsb. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Assigned COR(S): TBDc. Other Key Government Personnel - TBD3. Contractor Representatives: The following employees of the contractor serve as the contractor’s program manager for this contract. a. Program Manager – As assigned by facility - TBDb. Other Contractor Personnel - As assigned by facility - TBD4. Performance Standards: Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards. No.Paragraph in PWSIndicator/Performance StandardStandard for Quality LevelAcceptable Quality LevelMethod of Surveillance1(9)Nursing Home shall provide VA with copies of all State / Federal licensures, certifications, and investigations reports when requested. 100%100%Periodic reviews and spot checks2(10)The Contractor shall cooperate in developing plans of corrective action according to outlined criteria in the Performance Work Statement.100%100%Periodic Reviews and spot checks3(13)Notice of veteran being hospitalized within 72 hours and notice of any veteran death within 24 hours or immediately the first business day after a weekend or holiday.100%95%Periodic Reviews and spot checks4(15)Notice of all reportable events on VA contract veterans and all facility sentinel events within 24 hours or immediately the first business day after a weekend or holiday.100%100%Periodic reviews5(17)All medical records concerning the veteran's care in the nursing home a) will be readily accessible to VA, and b) within acceptable standards and practice.100%100%Periodic Reviews and spot checks6(21)Invoices shall be timely and accurate for all items billed.100%95% -100%Periodic Reviews and spot checks5. RATING STANDARDS: Ratings shall be based on exceeding, meeting, or not meeting performance standards. 6. Methods of QA SURVEILLANCE: Various methods exist to monitor performance:a. DIRECT OBSERVATION b. PERIODIC INSPECTIONc. VALIDATED USER/CUSTOMER COMPLAINTSd. INSPECTIONe. PERIODIC SAMPLINGf. RANDOM SAMPLINGg. PROGRESS OR STATUS MEETINGSh. ANALYSIS OF CONTRACTOR’S PROGRESS REPORTS7. Ratings: Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:See above Acceptable Quality Level & Method of Surveillance located in QASP8. DOCUMENTING PERFORMANCEa. Acceptable Performance: The Government shall document positive or negative performance. Any report may become a part of the supporting documentation for any contractual action. b. Unacceptable performance: When unacceptable performance occurs, the COR shall work with the Contracting Officer (CO) to inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case, the COR shall document the discussion and place it in the COR file. In order to assure that the contractor receives impartial, fair, and equitable treatment under this contract, the COR will work with the contractor to increase performance to an acceptable level.When the COR and CO determines formal written communication is required, the COR and CO shall prepare a Contract Discrepancy Report (CDR) and present it to the contractor's program manager. The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO. 9 . Frequency of Measurementa. During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed. b. The COR shall meet with the contractor as needed to assess performance and shall provide a written assessment. _____________________________Signature – Contractor _____________________________Signature – Contracting Officer RepresentativeD.2 WAGE DETERMINATION – ALBANY, RENSSELAER AND SARATOGA COUNTIESWD 15-4143 (Rev.-3) was first posted on on 01/03/2017************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-4143Daniel W. Simms Division of | Revision No.: 3Director Wage Determinations| Date Of Revision: 12/30/2016_______________________________________|____________________________________________Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 forcalendar year 2017 applies to all contracts subject to the Service ContractAct for which the contract is awarded (and any solicitation was issued) on orafter January 1, 2015. If this contract is covered by the EO, the contractormust pay all workers in any classification listed on this wage determinationat least $10.20 per hour (or the applicable wage rate listed on this wagedetermination, if it is higher) for all hours spent performing on the contractin calendar year 2017. The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections underthe EO is available at whd/govcontracts.____________________________________________________________________________________State: New YorkArea: New York Counties of Albany, Rensselaer, Saratoga, Schenectady, Schoharie____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 15.15 01012 - Accounting Clerk II 17.00 01013 - Accounting Clerk III 19.01 01020 - Administrative Assistant 21.59 01035 - Court Reporter 24.28 01041 - Customer Service Representative I 12.24 01042 - Customer Service Representative II 13.77 01043 - Customer Service Representative III 15.02 01051 - Data Entry Operator I 12.77 01052 - Data Entry Operator II 14.43 01060 - Dispatcher, Motor Vehicle 17.10 01070 - Document Preparation Clerk 13.37 01090 - Duplicating Machine Operator 13.37 01111 - General Clerk I 12.34 01112 - General Clerk II 13.47 01113 - General Clerk III 15.11 01120 - Housing Referral Assistant 18.38 01141 - Messenger Courier 12.94 01191 - Order Clerk I 13.32 01192 - Order Clerk II 14.54 01261 - Personnel Assistant (Employment) I 14.81 01262 - Personnel Assistant (Employment) II 16.59 01263 - Personnel Assistant (Employment) III 18.47 01270 - Production Control Clerk 23.21 01290 - Rental Clerk 13.56 01300 - Scheduler, Maintenance 14.73 01311 - Secretary I 14.73 01312 - Secretary II 16.48 01313 - Secretary III 18.38 01320 - Service Order Dispatcher 15.81 01410 - Supply Technician 21.58 01420 - Survey Worker 15.79 01460 - Switchboard Operator/Receptionist 12.94 01531 - Travel Clerk I 11.42 01532 - Travel Clerk II 12.32 01533 - Travel Clerk III 13.23 01611 - Word Processor I 13.85 01612 - Word Processor II 15.54 01613 - Word Processor III 17.3805000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 20.17 05010 - Automotive Electrician 18.03 05040 - Automotive Glass Installer 16.93 05070 - Automotive Worker 16.93 05110 - Mobile Equipment Servicer 15.41 05130 - Motor Equipment Metal Mechanic 19.75 05160 - Motor Equipment Metal Worker 16.93 05190 - Motor Vehicle Mechanic 19.75 05220 - Motor Vehicle Mechanic Helper 14.49 05250 - Motor Vehicle Upholstery Worker 16.14 05280 - Motor Vehicle Wrecker 16.93 05310 - Painter, Automotive 18.03 05340 - Radiator Repair Specialist 16.93 05370 - Tire Repairer 14.61 05400 - Transmission Repair Specialist 19.7507000 - Food Preparation And Service Occupations 07010 - Baker 13.73 07041 - Cook I 13.17 07042 - Cook II 15.08 07070 - Dishwasher 9.13 07130 - Food Service Worker 9.61 07210 - Meat Cutter 16.71 07260 - Waiter/Waitress 9.8909000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 19.76 09040 - Furniture Handler 13.47 09080 - Furniture Refinisher 19.76 09090 - Furniture Refinisher Helper 16.01 09110 - Furniture Repairer, Minor 18.19 09130 - Upholsterer 19.1111000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.11 11060 - Elevator Operator 12.07 11090 - Gardener 16.86 11122 - Housekeeping Aide 12.07 11150 - Janitor 12.07 11210 - Laborer, Grounds Maintenance 13.00 11240 - Maid or Houseman 9.85 11260 - Pruner 11.92 11270 - Tractor Operator 15.68 11330 - Trail Maintenance Worker 13.00 11360 - Window Cleaner 12.9212000 - Health Occupations 12010 - Ambulance Driver 16.44 12011 - Breath Alcohol Technician 17.63 12012 - Certified Occupational Therapist Assistant 20.88 12015 - Certified Physical Therapist Assistant 22.24 12020 - Dental Assistant 17.02 12025 - Dental Hygienist 31.11 12030 - EKG Technician 24.02 12035 - Electroneurodiagnostic Technologist 24.02 12040 - Emergency Medical Technician 16.44 12071 - Licensed Practical Nurse I 15.76 12072 - Licensed Practical Nurse II 17.63 12073 - Licensed Practical Nurse III 19.66 12100 - Medical Assistant 14.67 12130 - Medical Laboratory Technician 19.24 12160 - Medical Record Clerk 13.73 12190 - Medical Record Technician 16.38 12195 - Medical Transcriptionist 16.35 12210 - Nuclear Medicine Technologist 37.00 12221 - Nursing Assistant I 10.61 12222 - Nursing Assistant II 11.93 12223 - Nursing Assistant III 13.02 12224 - Nursing Assistant IV 14.61 12235 - Optical Dispenser 20.67 12236 - Optical Technician 17.61 12250 - Pharmacy Technician 14.71 12280 - Phlebotomist 14.61 12305 - Radiologic Technologist 28.03 12311 - Registered Nurse I 22.63 12312 - Registered Nurse II 27.69 12313 - Registered Nurse II, Specialist 27.69 12314 - Registered Nurse III 33.50 12315 - Registered Nurse III, Anesthetist 33.50 12316 - Registered Nurse IV 40.15 12317 - Scheduler (Drug and Alcohol Testing) 21.85 12320 - Substance Abuse Treatment Counselor 19.4513000 - Information And Arts Occupations 13011 - Exhibits Specialist I 20.63 13012 - Exhibits Specialist II 25.56 13013 - Exhibits Specialist III 31.27 13041 - Illustrator I 21.59 13042 - Illustrator II 26.76 13043 - Illustrator III 33.49 13047 - Librarian 29.12 13050 - Library Aide/Clerk 13.64 13054 - Library Information Technology Systems 25.56 Administrator 13058 - Library Technician 15.27 13061 - Media Specialist I 18.45 13062 - Media Specialist II 20.63 13063 - Media Specialist III 23.01 13071 - Photographer I 16.02 13072 - Photographer II 20.38 13073 - Photographer III 25.24 13074 - Photographer IV 31.60 13075 - Photographer V 36.65 13090 - Technical Order Library Clerk 17.13 13110 - Video Teleconference Technician 20.6414000 - Information Technology Occupations 14041 - Computer Operator I 15.64 14042 - Computer Operator II 17.49 14043 - Computer Operator III 20.68 14044 - Computer Operator IV 22.89 14045 - Computer Operator V 25.40 14071 - Computer Programmer I (see 1) 19.79 14072 - Computer Programmer II (see 1) 24.30 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 15.64 14160 - Personal Computer Support Technician 22.89 14170 - System Support Specialist 25.3415000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 30.50 15020 - Aircrew Training Devices Instructor (Rated) 33.57 15030 - Air Crew Training Devices Instructor (Pilot) 39.22 15050 - Computer Based Training Specialist / Instructor 30.50 15060 - Educational Technologist 29.36 15070 - Flight Instructor (Pilot) 39.22 15080 - Graphic Artist 23.72 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 36.37 15086 - Maintenance Test Pilot, Rotary Wing 36.37 15088 - Non-Maintenance Test/Co-Pilot 36.37 15090 - Technical Instructor 21.92 15095 - Technical Instructor/Course Developer 26.82 15110 - Test Proctor 17.69 15120 - Tutor 17.6916000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.57 16030 - Counter Attendant 9.57 16040 - Dry Cleaner 11.06 16070 - Finisher, Flatwork, Machine 9.57 16090 - Presser, Hand 9.57 16110 - Presser, Machine, Dry cleaning 9.57 16130 - Presser, Machine, Shirts 9.57 16160 - Presser, Machine, Wearing Apparel, Laundry 9.57 16190 - Sewing Machine Operator 11.53 16220 - Tailor 11.99 16250 - Washer, Machine 10.0319000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 18.98 19040 - Tool And Die Maker 22.6921000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 18.30 21030 - Material Coordinator 22.79 21040 - Material Expediter 22.79 21050 - Material Handling Laborer 14.63 21071 - Order Filler 13.63 21080 - Production Line Worker (Food Processing) 18.52 21110 - Shipping Packer 15.70 21130 - Shipping/Receiving Clerk 15.70 21140 - Store Worker I 12.12 21150 - Stock Clerk 16.86 21210 - Tools And Parts Attendant 18.30 21410 - Warehouse Specialist 18.3023000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 27.40 23019 - Aircraft Logs and Records Technician 23.28 23021 - Aircraft Mechanic I 26.47 23022 - Aircraft Mechanic II 27.40 23023 - Aircraft Mechanic III 28.46 23040 - Aircraft Mechanic Helper 20.47 23050 - Aircraft, Painter 25.15 23060 - Aircraft Servicer 23.28 23070 - Aircraft Survival Flight Equipment Technician 25.15 23080 - Aircraft Worker 24.27 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 24.27 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 26.47 II 23110 - Appliance Mechanic 19.76 23120 - Bicycle Repairer 16.73 23125 - Cable Splicer 33.36 23130 - Carpenter, Maintenance 20.31 23140 - Carpet Layer 23.49 23160 - Electrician, Maintenance 25.47 23181 - Electronics Technician Maintenance I 23.32 23182 - Electronics Technician Maintenance II 24.83 23183 - Electronics Technician Maintenance III 26.15 23260 - Fabric Worker 22.13 23290 - Fire Alarm System Mechanic 21.14 23310 - Fire Extinguisher Repairer 20.53 23311 - Fuel Distribution System Mechanic 27.70 23312 - Fuel Distribution System Operator 23.63 23370 - General Maintenance Worker 18.96 23380 - Ground Support Equipment Mechanic 26.47 23381 - Ground Support Equipment Servicer 23.28 23382 - Ground Support Equipment Worker 24.27 23391 - Gunsmith I 20.16 23392 - Gunsmith II 23.49 23393 - Gunsmith III 26.33 23410 - Heating, Ventilation And Air-Conditioning 20.78 Mechanic 23411 - Heating, Ventilation And Air Conditioning 21.51 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 22.58 23440 - Heavy Equipment Operator 23.63 23460 - Instrument Mechanic 28.61 23465 - Laboratory/Shelter Mechanic 25.00 23470 - Laborer 13.40 23510 - Locksmith 19.98 23530 - Machinery Maintenance Mechanic 25.91 23550 - Machinist, Maintenance 22.48 23580 - Maintenance Trades Helper 15.64 23591 - Metrology Technician I 28.61 23592 - Metrology Technician II 29.61 23593 - Metrology Technician III 30.76 23640 - Millwright 27.92 23710 - Office Appliance Repairer 20.69 23760 - Painter, Maintenance 19.76 23790 - Pipefitter, Maintenance 27.69 23810 - Plumber, Maintenance 23.31 23820 - Pneudraulic Systems Mechanic 26.33 23850 - Rigger 26.33 23870 - Scale Mechanic 23.49 23890 - Sheet-Metal Worker, Maintenance 25.35 23910 - Small Engine Mechanic 18.28 23931 - Telecommunications Mechanic I 29.59 23932 - Telecommunications Mechanic II 30.64 23950 - Telephone Lineman 29.59 23960 - Welder, Combination, Maintenance 21.76 23965 - Well Driller 23.28 23970 - Woodcraft Worker 26.33 23980 - Woodworker 19.0424000 - Personal Needs Occupations 24550 - Case Manager 15.72 24570 - Child Care Attendant 10.09 24580 - Child Care Center Clerk 12.58 24610 - Chore Aide 11.31 24620 - Family Readiness And Support Services 15.72 Coordinator 24630 - Homemaker 15.7225000 - Plant And System Operations Occupations 25010 - Boiler Tender 25.96 25040 - Sewage Plant Operator 21.60 25070 - Stationary Engineer 25.96 25190 - Ventilation Equipment Tender 18.40 25210 - Water Treatment Plant Operator 21.6027000 - Protective Service Occupations 27004 - Alarm Monitor 19.64 27007 - Baggage Inspector 13.89 27008 - Corrections Officer 24.12 27010 - Court Security Officer 24.22 27030 - Detection Dog Handler 18.45 27040 - Detention Officer 24.12 27070 - Firefighter 23.86 27101 - Guard I 13.89 27102 - Guard II 16.99 27131 - Police Officer I 25.74 27132 - Police Officer II 28.6028000 - Recreation Occupations 28041 - Carnival Equipment Operator 12.17 28042 - Carnival Equipment Repairer 13.20 28043 - Carnival Worker 9.04 28210 - Gate Attendant/Gate Tender 13.69 28310 - Lifeguard 11.01 28350 - Park Attendant (Aide) 15.66 28510 - Recreation Aide/Health Facility Attendant 11.35 28515 - Recreation Specialist 15.72 28630 - Sports Official 12.47 28690 - Swimming Pool Operator 16.2429000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 24.30 29020 - Hatch Tender 24.30 29030 - Line Handler 24.30 29041 - Stevedore I 22.89 29042 - Stevedore II 25.8630000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 36.49 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 25.17 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.71 30021 - Archeological Technician I 15.74 30022 - Archeological Technician II 17.61 30023 - Archeological Technician III 21.81 30030 - Cartographic Technician 21.81 30040 - Civil Engineering Technician 25.40 30051 - Cryogenic Technician I 23.05 30052 - Cryogenic Technician II 25.47 30061 - Drafter/CAD Operator I 15.74 30062 - Drafter/CAD Operator II 17.61 30063 - Drafter/CAD Operator III 19.65 30064 - Drafter/CAD Operator IV 24.17 30081 - Engineering Technician I 15.61 30082 - Engineering Technician II 17.52 30083 - Engineering Technician III 19.60 30084 - Engineering Technician IV 24.29 30085 - Engineering Technician V 29.71 30086 - Engineering Technician VI 35.94 30090 - Environmental Technician 23.01 30095 - Evidence Control Specialist 20.82 30210 - Laboratory Technician 22.85 30221 - Latent Fingerprint Technician I 28.62 30222 - Latent Fingerprint Technician II 31.59 30240 - Mathematical Technician 21.81 30361 - Paralegal/Legal Assistant I 16.72 30362 - Paralegal/Legal Assistant II 19.83 30363 - Paralegal/Legal Assistant III 23.70 30364 - Paralegal/Legal Assistant IV 29.35 30375 - Petroleum Supply Specialist 25.47 30390 - Photo-Optics Technician 21.81 30395 - Radiation Control Technician 25.47 30461 - Technical Writer I 22.44 30462 - Technical Writer II 27.46 30463 - Technical Writer III 33.20 30491 - Unexploded Ordnance (UXO) Technician I 23.19 30492 - Unexploded Ordnance (UXO) Technician II 28.06 30493 - Unexploded Ordnance (UXO) Technician III 33.63 30494 - Unexploded (UXO) Safety Escort 23.19 30495 - Unexploded (UXO) Sweep Personnel 23.19 30501 - Weather Forecaster I 23.05 30502 - Weather Forecaster II 28.05 30620 - Weather Observer, Combined Upper Air Or (see 2) 19.65 Surface Programs 30621 - Weather Observer, Senior (see 2) 21.8131000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 28.06 31020 - Bus Aide 13.56 31030 - Bus Driver 18.39 31043 - Driver Courier 14.20 31260 - Parking and Lot Attendant 10.86 31290 - Shuttle Bus Driver 15.02 31310 - Taxi Driver 11.72 31361 - Truck driver, Light 15.02 31362 - Truck driver, Medium 16.62 31363 - Truck driver, Heavy 19.60 31364 - Truck driver, Tractor-Trailer 19.6099000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 13.68 99030 - Cashier 9.26 99050 - Desk Clerk 10.88 99095 - Embalmer 26.04 99130 - Flight Follower 23.19 99251 - Laboratory Animal Caretaker I 12.00 99252 - Laboratory Animal Caretaker II 13.04 99260 - Marketing Analyst 29.38 99310 - Mortician 31.14 99410 - Pest Controller 16.25 99510 - Photofinishing Worker 14.75 99710 - Recycling Laborer 18.15 99711 - Recycling Specialist 21.42 99730 - Refuse Collector 16.27 99810 - Sales Clerk 12.24 99820 - School Crossing Guard 11.47 99830 - Survey Party Chief 23.79 99831 - Surveying Aide 14.18 99832 - Surveying Technician 21.64 99840 - Vending Machine Attendant 14.74 99841 - Vending Machine Repairer 17.56 99842 - Vending Machine Repairer Helper 14.74____________________________________________________________________________________Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for FederalContractors, applies to all contracts subject to the Service Contract Act for whichthe 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 employeeswith 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paidsick leave each year. Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, including preventive care; toassist 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 forreasons resulting from, or to assist a family member (or person who is like familyto the employee) who is the victim of, domestic violence, sexual assault, orstalking. Additional information on contractor requirements and worker protectionsunder the EO is available at 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 monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 8 years, 4 weeks after 15 years, and 5 weeks after 25 years. Length of service includes the whole span of continuous service with the presentcontractor or successor, wherever employed, and with the predecessor contractors inthe 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 LutherKing Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day,Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (Acontractor may substitute for any of the named holidays another day off with pay inaccordance 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 doesnot 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. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) 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 occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations 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 theconformance procedures described in the conformance note included on this wagedetermination.Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications; (2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications; (3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand 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 yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium 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 consideredovertime work).** HAZARDOUS PAY DIFFERENTIAL **An 8 percent differential is applicable to employees employed in a position thatrepresents a high degree of hazard when working with or in close proximity toordnance, explosives, and incendiary materials. This includes work such asscreening, 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 sensitiveordnance, explosives and incendiary materials. All operations involving re-gradingand cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordnance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee 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. Alloperations involving, unloading, storage, and hauling of ordnance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordnance, 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 orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof 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, StandardForm 1444 (SF-1444) **Conformance Process:The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination (See 29 CFR4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractorprior 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 finaldetermination of conformed classification, wage rate, and/or fringe benefits whichshall be paid to all employees performing in the classification from the first dayof work on which contract work is performed by them in the classification. Failureto pay such unlisted employees the compensation agreed upon by the interestedparties and/or fully determined by the Wage and Hour Division retroactive to thedate such class of employees commenced contract work shall be a violation of the Actand this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations areincluded in a contract, a separate SF-1444 should be prepared for each wagedetermination 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 conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in orderthe proposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation 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, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.5) The contracting officer transmits the Wage and Hour Division's decision to thecontractor.6) Each affected employee shall be furnished by the contractor with a written copyof such determination or it shall be posted as a part of the wage determination (See29 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 ofOccupations" should be used to compare job definitions to ensure that dutiesrequested are not performed by a classification already listed in the wagedetermination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination (See 29 CFR 4.152(c)(1)).D.3 WAGE DETERMINATION – BRONX AND KINGS COUNTIESWD 15-4187 (Rev.-4) was first posted on on 03/21/2017************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-4187Daniel W. Simms Division of | Revision No.: 4Director Wage Determinations| Date Of Revision: 03/14/2017_______________________________________|____________________________________________Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 forcalendar year 2017 applies to all contracts subject to the Service ContractAct for which the contract is awarded (and any solicitation was issued) on orafter January 1, 2015. If this contract is covered by the EO, the contractormust pay all workers in any classification listed on this wage determinationat least $10.20 per hour (or the applicable wage rate listed on this wagedetermination, if it is higher) for all hours spent performing on the contractin calendar year 2017. The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections underthe EO is available at whd/govcontracts.____________________________________________________________________________________State: New YorkArea: New York Counties of Bronx, Kings, New York, Queens, Richmond, Rockland,WestchesterOCCUPATION NOTE:Janitor: The rate for the Janitor occupation applies to Putnam, Rockland, andWestchester Counties only. See Wage Determination 1977-0225 for wage rates andfringe benefits for Bronx, Kings, New York, Queens, and Richmond Counties.____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 16.58 01012 - Accounting Clerk II 19.61 01013 - Accounting Clerk III 21.89 01020 - Administrative Assistant 33.18 01035 - Court Reporter 26.18 01041 - Customer Service Representative I 14.79 01042 - Customer Service Representative II 16.63 01043 - Customer Service Representative III 18.14 01051 - Data Entry Operator I 14.77 01052 - Data Entry Operator II 16.11 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 14.33 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 25.04 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 33.18 01420 - Survey Worker 21.64 01460 - Switchboard Operator/Receptionist 15.67 01531 - Travel Clerk I 16.32 01532 - Travel Clerk II 17.68 01533 - Travel Clerk III 19.19 01611 - Word Processor I 17.62 01612 - Word Processor II 19.79 01613 - Word Processor III 22.1305000 - 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 29.6807000 - 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 15.5009000 - 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 21.1411000 - 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 15.43 11260 - Pruner 14.75 11270 - Tractor Operator 18.02 11330 - Trail Maintenance Worker 15.89 11360 - Window Cleaner 16.9512000 - Health Occupations 12010 - Ambulance Driver 24.99 12011 - Breath Alcohol Technician 24.87 12012 - Certified Occupational Therapist Assistant 29.18 12015 - Certified Physical Therapist Assistant 26.96 12020 - Dental Assistant 16.86 12025 - Dental Hygienist 41.61 12030 - EKG Technician 30.48 12035 - Electroneurodiagnostic Technologist 30.48 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 25.81 12100 - Medical Assistant 16.66 12130 - Medical Laboratory Technician 22.81 12160 - Medical Record Clerk 19.99 12190 - Medical Record Technician 22.37 12195 - Medical Transcriptionist 19.97 12210 - Nuclear Medicine Technologist 40.35 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 33.62 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) 28.67 12320 - Substance Abuse Treatment Counselor 24.5913000 - 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 17.27 13110 - Video Teleconference Technician 26.8014000 - 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 39.4615000 - 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 47.06 15086 - Maintenance Test Pilot, Rotary Wing 47.06 15088 - Non-Maintenance Test/Co-Pilot 47.06 15090 - Technical Instructor 31.44 15095 - Technical Instructor/Course Developer 38.34 15110 - Test Proctor 25.30 15120 - Tutor 25.3016000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 12.60 16030 - Counter Attendant 12.60 16040 - Dry Cleaner 15.52 16070 - Finisher, Flatwork, Machine 12.60 16090 - Presser, Hand 12.60 16110 - Presser, Machine, Dry-cleaning 12.60 16130 - Presser, Machine, Shirts 12.60 16160 - Presser, Machine, Wearing Apparel, Laundry 12.60 16190 - Sewing Machine Operator 16.47 16220 - Tailor 17.40 16250 - Washer, Machine 13.6719000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 22.56 19040 - Tool And Die Maker 26.1521000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 16.96 21030 - Material Coordinator 25.04 21040 - Material Expediter 25.04 21050 - Material Handling Laborer 16.41 21071 - Order Filler 15.58 21080 - Production Line Worker (Food Processing) 16.96 21110 - Shipping Packer 15.65 21130 - Shipping/Receiving Clerk 15.65 21140 - Store Worker I 15.92 21150 - Stock Clerk 19.96 21210 - Tools And Parts Attendant 16.96 21410 - Warehouse Specialist 16.9623000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 31.09 23019 - Aircraft Logs and Records Technician 26.21 23021 - Aircraft Mechanic I 29.93 23022 - Aircraft Mechanic II 31.09 23023 - Aircraft Mechanic III 32.25 23040 - Aircraft Mechanic Helper 23.28 23050 - Aircraft, Painter 28.80 23060 - Aircraft Servicer 26.21 23070 - Aircraft Survival Flight Equipment Technician 28.80 23080 - Aircraft Worker 27.61 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 27.61 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 29.93 II 23110 - Appliance Mechanic 21.38 23120 - Bicycle Repairer 17.13 23125 - Cable Splicer 37.78 23130 - Carpenter, Maintenance 29.89 23140 - Carpet Layer 27.98 23160 - Electrician, Maintenance 37.18 23181 - Electronics Technician Maintenance I 25.87 23182 - Electronics Technician Maintenance II 29.17 23183 - Electronics Technician Maintenance III 31.14 23260 - Fabric Worker 30.87 23290 - Fire Alarm System Mechanic 22.72 23310 - Fire Extinguisher Repairer 25.67 23311 - Fuel Distribution System Mechanic 36.22 23312 - Fuel Distribution System Operator 32.91 23370 - General Maintenance Worker 24.67 23380 - Ground Support Equipment Mechanic 29.93 23381 - Ground Support Equipment Servicer 26.21 23382 - Ground Support Equipment Worker 27.61 23391 - Gunsmith I 25.67 23392 - Gunsmith II 28.66 23393 - Gunsmith III 31.06 23410 - Heating, Ventilation And Air-Conditioning 28.89 Mechanic 23411 - Heating, Ventilation And Air Conditioning 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 29.89 23470 - Laborer 15.95 23510 - Locksmith 21.78 23530 - Machinery Maintenance Mechanic 26.35 23550 - Machinist, Maintenance 22.42 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 37.71 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 31.06 23850 - Rigger 29.48 23870 - Scale Mechanic 28.66 23890 - Sheet-Metal Worker, Maintenance 33.61 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 31.06 23980 - Woodworker 23.6024000 - Personal Needs Occupations 24550 - Case Manager 16.72 24570 - Child Care Attendant 13.87 24580 - Child Care Center Clerk 17.30 24610 - Chore Aide 12.67 24620 - Family Readiness And Support Services 16.72 Coordinator 24630 - Homemaker 19.2125000 - Plant And System Operations Occupations 25010 - Boiler Tender 35.12 25040 - Sewage Plant Operator 31.18 25070 - Stationary Engineer 35.12 25190 - Ventilation Equipment Tender 28.69 25210 - Water Treatment Plant Operator 31.1827000 - Protective Service Occupations 27004 - Alarm Monitor 21.03 27007 - Baggage Inspector 17.98 27008 - Corrections Officer 34.07 27010 - Court Security Officer 33.75 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 39.5328000 - 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 20.9829000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 36.18 29020 - Hatch Tender 36.18 29030 - Line Handler 36.18 29041 - Stevedore I 31.72 29042 - Stevedore II 39.7530000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 42.79 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 29.51 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 32.50 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 23.42 30095 - Evidence Control Specialist 24.52 30210 - Laboratory Technician 22.53 30221 - Latent Fingerprint Technician I 28.65 30222 - Latent Fingerprint Technician II 31.64 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 28.45 30462 - Technical Writer II 34.80 30463 - Technical Writer III 42.11 30491 - Unexploded Ordnance (UXO) Technician I 27.19 30492 - Unexploded Ordnance (UXO) Technician II 32.90 30493 - Unexploded Ordnance (UXO) Technician III 39.44 30494 - Unexploded (UXO) Safety Escort 27.19 30495 - Unexploded (UXO) Sweep Personnel 27.19 30501 - Weather Forecaster I 30.20 30502 - Weather Forecaster II 36.74 30620 - Weather Observer, Combined Upper Air Or (see 2) 24.55 Surface Programs 30621 - Weather Observer, Senior (see 2) 27.2731000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 32.90 31020 - Bus Aide 19.84 31030 - Bus Driver 24.07 31043 - Driver Courier 16.75 31260 - Parking and Lot Attendant 10.97 31290 - Shuttle Bus Driver 17.80 31310 - Taxi Driver 15.21 31361 - Truck driver, Light 17.80 31362 - Truck driver, Medium 18.87 31363 - Truck driver, Heavy 24.52 31364 - Truck driver, Tractor-Trailer 24.5299000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 16.04 99030 - Cashier 10.95 99050 - Desk Clerk 16.69 99095 - Embalmer 34.50 99130 - Flight Follower 27.19 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 23.94 99711 - Recycling Specialist 27.34 99730 - Refuse Collector 22.22 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 FederalContractors, applies to all contracts subject to the Service Contract Act for whichthe 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 employeeswith 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paidsick leave each year. Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, including preventive care; toassist 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 forreasons resulting from, or to assist a family member (or person who is like familyto the employee) who is the victim of, domestic violence, sexual assault, orstalking. Additional information on contractor requirements and worker protectionsunder the EO is available at 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 monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 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 presentcontractor or successor, wherever employed, and with the predecessor contractors inthe 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, MartinLuther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day,Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, andChristmas Day. A contractor may substitute for any of the named holidays anotherday 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 doesnot 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. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) 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 occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations 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 theconformance procedures described in the conformance note included on this wagedetermination.Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications; (2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications; (3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand 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 yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium 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 consideredovertime work).** HAZARDOUS PAY DIFFERENTIAL **An 8 percent differential is applicable to employees employed in a position thatrepresents a high degree of hazard when working with or in close proximity toordnance, explosives, and incendiary materials. This includes work such asscreening, 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 sensitiveordnance, explosives and incendiary materials. All operations involving re-gradingand cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordnance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee 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. Alloperations involving, unloading, storage, and hauling of ordnance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordnance, 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 orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof 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, StandardForm 1444 (SF-1444) **Conformance Process:The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination (See 29 CFR4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractorprior 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 finaldetermination of conformed classification, wage rate, and/or fringe benefits whichshall be paid to all employees performing in the classification from the first dayof work on which contract work is performed by them in the classification. Failureto pay such unlisted employees the compensation agreed upon by the interestedparties and/or fully determined by the Wage and Hour Division retroactive to thedate such class of employees commenced contract work shall be a violation of the Actand this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations areincluded in a contract, a separate SF-1444 should be prepared for each wagedetermination 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 conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in orderthe proposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation 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, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.5) The contracting officer transmits the Wage and Hour Division's decision to thecontractor.6) Each affected employee shall be furnished by the contractor with a written copyof such determination or it shall be posted as a part of the wage determination (See29 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 ofOccupations" should be used to compare job definitions to ensure that dutiesrequested are not performed by a classification already listed in the wagedetermination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination (See 29 CFR 4.152(c)(1)).D.4 WAGE DETERMINATION – CAYUGA COUNTYWD 15-4177 (Rev.-2) was first posted on on 01/03/2017************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-4177Daniel W. Simms Division of | Revision No.: 2Director Wage Determinations| Date Of Revision: 12/30/2016_______________________________________|____________________________________________Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 forcalendar year 2017 applies to all contracts subject to the Service ContractAct for which the contract is awarded (and any solicitation was issued) on orafter January 1, 2015. If this contract is covered by the EO, the contractormust pay all workers in any classification listed on this wage determinationat least $10.20 per hour (or the applicable wage rate listed on this wagedetermination, if it is higher) for all hours spent performing on the contractin calendar year 2017. The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections underthe EO is available at whd/govcontracts.____________________________________________________________________________________State: New YorkArea: New York Counties of Cayuga, Chenango, Cortland, Otsego____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 13.17 01012 - Accounting Clerk II 14.78 01013 - Accounting Clerk III 17.66 01020 - Administrative Assistant 21.43 01035 - Court Reporter 18.96 01041 - Customer Service Representative I 11.97 01042 - Customer Service Representative II 13.46 01043 - Customer Service Representative III 14.69 01051 - Data Entry Operator I 12.71 01052 - Data Entry Operator II 14.05 01060 - Dispatcher, Motor Vehicle 16.83 01070 - Document Preparation Clerk 13.30 01090 - Duplicating Machine Operator 13.30 01111 - General Clerk I 11.53 01112 - General Clerk II 12.58 01113 - General Clerk III 14.12 01120 - Housing Referral Assistant 18.00 01141 - Messenger Courier 11.72 01191 - Order Clerk I 13.12 01192 - Order Clerk II 14.32 01261 - Personnel Assistant (Employment) I 13.96 01262 - Personnel Assistant (Employment) II 15.62 01263 - Personnel Assistant (Employment) III 17.25 01270 - Production Control Clerk 20.65 01290 - Rental Clerk 12.62 01300 - Scheduler, Maintenance 13.66 01311 - Secretary I 13.66 01312 - Secretary II 15.67 01313 - Secretary III 17.45 01320 - Service Order Dispatcher 13.52 01410 - Supply Technician 21.43 01420 - Survey Worker 14.89 01460 - Switchboard Operator/Receptionist 12.42 01531 - Travel Clerk I 11.42 01532 - Travel Clerk II 12.32 01533 - Travel Clerk III 13.23 01611 - Word Processor I 12.29 01612 - Word Processor II 13.80 01613 - Word Processor III 15.4305000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 24.76 05010 - Automotive Electrician 18.24 05040 - Automotive Glass Installer 17.63 05070 - Automotive Worker 17.63 05110 - Mobile Equipment Servicer 16.32 05130 - Motor Equipment Metal Mechanic 18.96 05160 - Motor Equipment Metal Worker 17.63 05190 - Motor Vehicle Mechanic 17.25 05220 - Motor Vehicle Mechanic Helper 15.63 05250 - Motor Vehicle Upholstery Worker 16.95 05280 - Motor Vehicle Wrecker 17.63 05310 - Painter, Automotive 18.24 05340 - Radiator Repair Specialist 17.63 05370 - Tire Repairer 14.34 05400 - Transmission Repair Specialist 18.9607000 - Food Preparation And Service Occupations 07010 - Baker 12.05 07041 - Cook I 11.86 07042 - Cook II 13.27 07070 - Dishwasher 9.18 07130 - Food Service Worker 9.42 07210 - Meat Cutter 16.17 07260 - Waiter/Waitress 9.9909000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 18.28 09040 - Furniture Handler 13.59 09080 - Furniture Refinisher 18.28 09090 - Furniture Refinisher Helper 15.63 09110 - Furniture Repairer, Minor 16.95 09130 - Upholsterer 20.0911000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.12 11060 - Elevator Operator 11.12 11090 - Gardener 14.59 11122 - Housekeeping Aide 11.18 11150 - Janitor 11.18 11210 - Laborer, Grounds Maintenance 12.34 11240 - Maid or Houseman 9.99 11260 - Pruner 17.78 11270 - Tractor Operator 14.53 11330 - Trail Maintenance Worker 12.34 11360 - Window Cleaner 12.7712000 - Health Occupations 12010 - Ambulance Driver 15.13 12011 - Breath Alcohol Technician 15.13 12012 - Certified Occupational Therapist Assistant 19.20 12015 - Certified Physical Therapist Assistant 19.57 12020 - Dental Assistant 15.13 12025 - Dental Hygienist 29.17 12030 - EKG Technician 24.56 12035 - Electroneurodiagnostic Technologist 24.56 12040 - Emergency Medical Technician 15.13 12071 - Licensed Practical Nurse I 14.22 12072 - Licensed Practical Nurse II 15.90 12073 - Licensed Practical Nurse III 17.73 12100 - Medical Assistant 13.68 12130 - Medical Laboratory Technician 18.73 12160 - Medical Record Clerk 14.60 12190 - Medical Record Technician 16.34 12195 - Medical Transcriptionist 15.34 12210 - Nuclear Medicine Technologist 34.14 12221 - Nursing Assistant I 9.91 12222 - Nursing Assistant II 11.14 12223 - Nursing Assistant III 12.16 12224 - Nursing Assistant IV 13.65 12235 - Optical Dispenser 20.61 12236 - Optical Technician 14.38 12250 - Pharmacy Technician 13.77 12280 - Phlebotomist 13.60 12305 - Radiologic Technologist 26.46 12311 - Registered Nurse I 21.73 12312 - Registered Nurse II 26.58 12313 - Registered Nurse II, Specialist 26.58 12314 - Registered Nurse III 32.15 12315 - Registered Nurse III, Anesthetist 32.15 12316 - Registered Nurse IV 38.54 12317 - Scheduler (Drug and Alcohol Testing) 19.70 12320 - Substance Abuse Treatment Counselor 18.3713000 - Information And Arts Occupations 13011 - Exhibits Specialist I 18.42 13012 - Exhibits Specialist II 22.83 13013 - Exhibits Specialist III 27.93 13041 - Illustrator I 18.42 13042 - Illustrator II 22.83 13043 - Illustrator III 27.93 13047 - Librarian 25.28 13050 - Library Aide/Clerk 10.80 13054 - Library Information Technology Systems 22.83 Administrator 13058 - Library Technician 12.68 13061 - Media Specialist I 16.47 13062 - Media Specialist II 18.42 13063 - Media Specialist III 20.55 13071 - Photographer I 16.08 13072 - Photographer II 17.99 13073 - Photographer III 22.29 13074 - Photographer IV 27.27 13075 - Photographer V 32.99 13090 - Technical Order Library Clerk 17.99 13110 - Video Teleconference Technician 17.1714000 - Information Technology Occupations 14041 - Computer Operator I 14.77 14042 - Computer Operator II 16.52 14043 - Computer Operator III 18.43 14044 - Computer Operator IV 23.63 14045 - Computer Operator V 27.62 14071 - Computer Programmer I (see 1) 20.57 14072 - Computer Programmer II (see 1) 24.53 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 14.77 14160 - Personal Computer Support Technician 24.05 14170 - System Support Specialist 25.6915000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 27.87 15020 - Aircrew Training Devices Instructor (Rated) 34.05 15030 - Air Crew Training Devices Instructor (Pilot) 40.44 15050 - Computer Based Training Specialist / Instructor 27.87 15060 - Educational Technologist 27.22 15070 - Flight Instructor (Pilot) 40.44 15080 - Graphic Artist 22.64 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 34.88 15086 - Maintenance Test Pilot, Rotary Wing 34.88 15088 - Non-Maintenance Test/Co-Pilot 34.88 15090 - Technical Instructor 19.66 15095 - Technical Instructor/Course Developer 24.06 15110 - Test Proctor 15.87 15120 - Tutor 15.8716000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.39 16030 - Counter Attendant 9.39 16040 - Dry Cleaner 10.90 16070 - Finisher, Flatwork, Machine 9.49 16090 - Presser, Hand 9.49 16110 - Presser, Machine, Dry cleaning 9.49 16130 - Presser, Machine, Shirts 9.49 16160 - Presser, Machine, Wearing Apparel, Laundry 9.49 16190 - Sewing Machine Operator 11.55 16220 - Tailor 12.20 16250 - Washer, Machine 9.8619000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 21.05 19040 - Tool And Die Maker 23.7121000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 14.75 21030 - Material Coordinator 20.65 21040 - Material Expediter 20.65 21050 - Material Handling Laborer 13.66 21071 - Order Filler 10.71 21080 - Production Line Worker (Food Processing) 14.75 21110 - Shipping Packer 14.01 21130 - Shipping/Receiving Clerk 14.01 21140 - Store Worker I 13.74 21150 - Stock Clerk 18.20 21210 - Tools And Parts Attendant 14.75 21410 - Warehouse Specialist 14.7523000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 25.82 23019 - Aircraft Logs and Records Technician 21.64 23021 - Aircraft Mechanic I 24.88 23022 - Aircraft Mechanic II 25.82 23023 - Aircraft Mechanic III 26.88 23040 - Aircraft Mechanic Helper 19.11 23050 - Aircraft, Painter 22.56 23060 - Aircraft Servicer 21.64 23070 - Aircraft Survival Flight Equipment Technician 22.56 23080 - Aircraft Worker 22.46 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 22.46 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 24.88 II 23110 - Appliance Mechanic 20.06 23120 - Bicycle Repairer 15.77 23125 - Cable Splicer 32.34 23130 - Carpenter, Maintenance 20.23 23140 - Carpet Layer 21.37 23160 - Electrician, Maintenance 23.73 23181 - Electronics Technician Maintenance I 23.73 23182 - Electronics Technician Maintenance II 24.79 23183 - Electronics Technician Maintenance III 25.72 23260 - Fabric Worker 20.11 23290 - Fire Alarm System Mechanic 20.85 23310 - Fire Extinguisher Repairer 19.11 23311 - Fuel Distribution System Mechanic 30.93 23312 - Fuel Distribution System Operator 25.56 23370 - General Maintenance Worker 17.57 23380 - Ground Support Equipment Mechanic 24.88 23381 - Ground Support Equipment Servicer 22.26 23382 - Ground Support Equipment Worker 22.46 23391 - Gunsmith I 19.11 23392 - Gunsmith II 21.37 23393 - Gunsmith III 23.16 23410 - Heating, Ventilation And Air-Conditioning 19.43 Mechanic 23411 - Heating, Ventilation And Air Conditioning 20.16 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 19.24 23440 - Heavy Equipment Operator 24.79 23460 - Instrument Mechanic 23.16 23465 - Laboratory/Shelter Mechanic 22.32 23470 - Laborer 11.58 23510 - Locksmith 22.32 23530 - Machinery Maintenance Mechanic 22.07 23550 - Machinist, Maintenance 17.18 23580 - Maintenance Trades Helper 15.63 23591 - Metrology Technician I 23.16 23592 - Metrology Technician II 24.04 23593 - Metrology Technician III 24.87 23640 - Millwright 22.77 23710 - Office Appliance Repairer 22.10 23760 - Painter, Maintenance 18.10 23790 - Pipefitter, Maintenance 27.88 23810 - Plumber, Maintenance 21.26 23820 - Pneudraulic Systems Mechanic 23.16 23850 - Rigger 23.16 23870 - Scale Mechanic 21.37 23890 - Sheet-Metal Worker, Maintenance 22.94 23910 - Small Engine Mechanic 19.26 23931 - Telecommunications Mechanic I 25.96 23932 - Telecommunications Mechanic II 26.86 23950 - Telephone Lineman 25.89 23960 - Welder, Combination, Maintenance 18.96 23965 - Well Driller 23.16 23970 - Woodcraft Worker 23.16 23980 - Woodworker 17.9524000 - Personal Needs Occupations 24550 - Case Manager 15.54 24570 - Child Care Attendant 10.10 24580 - Child Care Center Clerk 12.59 24610 - Chore Aide 10.73 24620 - Family Readiness And Support Services 15.54 Coordinator 24630 - Homemaker 15.0025000 - Plant And System Operations Occupations 25010 - Boiler Tender 25.22 25040 - Sewage Plant Operator 20.39 25070 - Stationary Engineer 25.22 25190 - Ventilation Equipment Tender 19.34 25210 - Water Treatment Plant Operator 20.1127000 - Protective Service Occupations 27004 - Alarm Monitor 18.16 27007 - Baggage Inspector 14.69 27008 - Corrections Officer 24.13 27010 - Court Security Officer 23.91 27030 - Detection Dog Handler 16.74 27040 - Detention Officer 24.13 27070 - Firefighter 25.78 27101 - Guard I 14.69 27102 - Guard II 16.74 27131 - Police Officer I 24.64 27132 - Police Officer II 27.3728000 - Recreation Occupations 28041 - Carnival Equipment Operator 11.91 28042 - Carnival Equipment Repairer 12.54 28043 - Carnival Worker 9.20 28210 - Gate Attendant/Gate Tender 13.80 28310 - Lifeguard 11.01 28350 - Park Attendant (Aide) 15.44 28510 - Recreation Aide/Health Facility Attendant 11.27 28515 - Recreation Specialist 19.13 28630 - Sports Official 12.29 28690 - Swimming Pool Operator 18.6229000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 24.08 29020 - Hatch Tender 24.08 29030 - Line Handler 24.08 29041 - Stevedore I 21.05 29042 - Stevedore II 24.9830000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 36.92 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 25.46 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.04 30021 - Archeological Technician I 16.43 30022 - Archeological Technician II 18.78 30023 - Archeological Technician III 21.22 30030 - Cartographic Technician 23.74 30040 - Civil Engineering Technician 21.56 30051 - Cryogenic Technician I 25.23 30052 - Cryogenic Technician II 27.88 30061 - Drafter/CAD Operator I 16.43 30062 - Drafter/CAD Operator II 19.13 30063 - Drafter/CAD Operator III 21.29 30064 - Drafter/CAD Operator IV 25.23 30081 - Engineering Technician I 14.27 30082 - Engineering Technician II 16.02 30083 - Engineering Technician III 18.70 30084 - Engineering Technician IV 22.20 30085 - Engineering Technician V 27.16 30086 - Engineering Technician VI 32.86 30090 - Environmental Technician 21.64 30095 - Evidence Control Specialist 22.20 30210 - Laboratory Technician 18.88 30221 - Latent Fingerprint Technician I 25.23 30222 - Latent Fingerprint Technician II 27.88 30240 - Mathematical Technician 23.49 30361 - Paralegal/Legal Assistant I 18.35 30362 - Paralegal/Legal Assistant II 22.75 30363 - Paralegal/Legal Assistant III 27.79 30364 - Paralegal/Legal Assistant IV 33.63 30375 - Petroleum Supply Specialist 27.16 30390 - Photo-Optics Technician 23.49 30395 - Radiation Control Technician 27.16 30461 - Technical Writer I 21.13 30462 - Technical Writer II 25.85 30463 - Technical Writer III 31.27 30491 - Unexploded Ordnance (UXO) Technician I 23.46 30492 - Unexploded Ordnance (UXO) Technician II 28.39 30493 - Unexploded Ordnance (UXO) Technician III 34.03 30494 - Unexploded (UXO) Safety Escort 23.46 30495 - Unexploded (UXO) Sweep Personnel 23.46 30501 - Weather Forecaster I 25.23 30502 - Weather Forecaster II 30.69 30620 - Weather Observer, Combined Upper Air Or (see 2) 21.29 Surface Programs 30621 - Weather Observer, Senior (see 2) 22.7731000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 28.39 31020 - Bus Aide 11.70 31030 - Bus Driver 14.70 31043 - Driver Courier 12.80 31260 - Parking and Lot Attendant 9.89 31290 - Shuttle Bus Driver 13.77 31310 - Taxi Driver 11.00 31361 - Truck driver, Light 13.77 31362 - Truck driver, Medium 17.61 31363 - Truck driver, Heavy 17.94 31364 - Truck driver, Tractor-Trailer 17.9499000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 13.84 99030 - Cashier 9.22 99050 - Desk Clerk 10.22 99095 - Embalmer 27.29 99130 - Flight Follower 23.46 99251 - Laboratory Animal Caretaker I 11.73 99252 - Laboratory Animal Caretaker II 12.62 99260 - Marketing Analyst 24.01 99310 - Mortician 27.29 99410 - Pest Controller 17.42 99510 - Photofinishing Worker 12.33 99710 - Recycling Laborer 16.40 99711 - Recycling Specialist 19.32 99730 - Refuse Collector 14.94 99810 - Sales Clerk 11.34 99820 - School Crossing Guard 9.90 99830 - Survey Party Chief 20.03 99831 - Surveying Aide 12.59 99832 - Surveying Technician 17.23 99840 - Vending Machine Attendant 16.05 99841 - Vending Machine Repairer 17.77 99842 - Vending Machine Repairer Helper 16.05____________________________________________________________________________________Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for FederalContractors, applies to all contracts subject to the Service Contract Act for whichthe 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 employeeswith 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paidsick leave each year. Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, including preventive care; toassist 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 forreasons resulting from, or to assist a family member (or person who is like familyto the employee) who is the victim of, domestic violence, sexual assault, orstalking. Additional information on contractor requirements and worker protectionsunder the EO is available at 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 monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 8 years, 4 weeks after 15 years, and 5 weeks after 25 years. Length of service includes the whole span of continuous service with the presentcontractor or successor, wherever employed, and with the predecessor contractors inthe 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, MartinLuther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day,Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, andChristmas Day. A contractor may substitute for any of the named holidays anotherday 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 doesnot 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. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) 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 occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations 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 theconformance procedures described in the conformance note included on this wagedetermination.Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications; (2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications; (3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand 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 yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium 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 consideredovertime work).** HAZARDOUS PAY DIFFERENTIAL **An 8 percent differential is applicable to employees employed in a position thatrepresents a high degree of hazard when working with or in close proximity toordnance, explosives, and incendiary materials. This includes work such asscreening, 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 sensitiveordnance, explosives and incendiary materials. All operations involving re-gradingand cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordnance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee 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. Alloperations involving, unloading, storage, and hauling of ordnance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordnance, 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 orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof 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, StandardForm 1444 (SF-1444) **Conformance Process:The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination (See 29 CFR4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractorprior 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 finaldetermination of conformed classification, wage rate, and/or fringe benefits whichshall be paid to all employees performing in the classification from the first dayof work on which contract work is performed by them in the classification. Failureto pay such unlisted employees the compensation agreed upon by the interestedparties and/or fully determined by the Wage and Hour Division retroactive to thedate such class of employees commenced contract work shall be a violation of the Actand this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations areincluded in a contract, a separate SF-1444 should be prepared for each wagedetermination 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 conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in orderthe proposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation 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, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.5) The contracting officer transmits the Wage and Hour Division's decision to thecontractor.6) Each affected employee shall be furnished by the contractor with a written copyof such determination or it shall be posted as a part of the wage determination (See29 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 ofOccupations" should be used to compare job definitions to ensure that dutiesrequested are not performed by a classification already listed in the wagedetermination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination (See 29 CFR 4.152(c)(1)).D.5 WAGE DETERMINATION – COLUMBIA COUNTYWD 15-4173 (Rev.-2) was first posted on on 01/03/2017************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-4173Daniel W. Simms Division of | Revision No.: 2Director Wage Determinations| Date Of Revision: 12/30/2016_______________________________________|____________________________________________Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 forcalendar year 2017 applies to all contracts subject to the Service ContractAct for which the contract is awarded (and any solicitation was issued) on orafter January 1, 2015. If this contract is covered by the EO, the contractormust pay all workers in any classification listed on this wage determinationat least $10.20 per hour (or the applicable wage rate listed on this wagedetermination, if it is higher) for all hours spent performing on the contractin calendar year 2017. The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections underthe EO is available at whd/govcontracts.____________________________________________________________________________________State: New YorkArea: New York Counties of Columbia, Greene____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 15.13 01012 - Accounting Clerk II 17.00 01013 - Accounting Clerk III 19.01 01020 - Administrative Assistant 21.59 01035 - Court Reporter 24.28 01041 - Customer Service Representative I 11.28 01042 - Customer Service Representative II 12.68 01043 - Customer Service Representative III 13.84 01051 - Data Entry Operator I 12.77 01052 - Data Entry Operator II 14.43 01060 - Dispatcher, Motor Vehicle 18.77 01070 - Document Preparation Clerk 13.37 01090 - Duplicating Machine Operator 13.37 01111 - General Clerk I 12.34 01112 - General Clerk II 13.47 01113 - General Clerk III 15.11 01120 - Housing Referral Assistant 18.38 01141 - Messenger Courier 11.76 01191 - Order Clerk I 13.32 01192 - Order Clerk II 14.54 01261 - Personnel Assistant (Employment) I 14.73 01262 - Personnel Assistant (Employment) II 16.48 01263 - Personnel Assistant (Employment) III 18.38 01270 - Production Control Clerk 23.53 01290 - Rental Clerk 13.56 01300 - Scheduler, Maintenance 14.73 01311 - Secretary I 14.73 01312 - Secretary II 16.48 01313 - Secretary III 18.38 01320 - Service Order Dispatcher 17.39 01410 - Supply Technician 21.58 01420 - Survey Worker 15.79 01460 - Switchboard Operator/Receptionist 12.94 01531 - Travel Clerk I 11.42 01532 - Travel Clerk II 12.32 01533 - Travel Clerk III 13.23 01611 - Word Processor I 13.37 01612 - Word Processor II 15.01 01613 - Word Processor III 16.7905000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 18.34 05010 - Automotive Electrician 17.60 05040 - Automotive Glass Installer 16.87 05070 - Automotive Worker 16.87 05110 - Mobile Equipment Servicer 15.41 05130 - Motor Equipment Metal Mechanic 18.34 05160 - Motor Equipment Metal Worker 16.87 05190 - Motor Vehicle Mechanic 19.75 05220 - Motor Vehicle Mechanic Helper 14.49 05250 - Motor Vehicle Upholstery Worker 16.14 05280 - Motor Vehicle Wrecker 16.87 05310 - Painter, Automotive 18.03 05340 - Radiator Repair Specialist 16.87 05370 - Tire Repairer 14.61 05400 - Transmission Repair Specialist 18.3407000 - Food Preparation And Service Occupations 07010 - Baker 13.73 07041 - Cook I 14.08 07042 - Cook II 15.47 07070 - Dishwasher 9.31 07130 - Food Service Worker 9.61 07210 - Meat Cutter 15.19 07260 - Waiter/Waitress 10.1609000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 19.76 09040 - Furniture Handler 13.47 09080 - Furniture Refinisher 19.76 09090 - Furniture Refinisher Helper 16.01 09110 - Furniture Repairer, Minor 18.19 09130 - Upholsterer 19.7511000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.11 11060 - Elevator Operator 11.11 11090 - Gardener 16.76 11122 - Housekeeping Aide 12.07 11150 - Janitor 12.07 11210 - Laborer, Grounds Maintenance 12.79 11240 - Maid or Houseman 9.68 11260 - Pruner 11.47 11270 - Tractor Operator 15.45 11330 - Trail Maintenance Worker 12.79 11360 - Window Cleaner 13.2812000 - Health Occupations 12010 - Ambulance Driver 16.79 12011 - Breath Alcohol Technician 18.68 12012 - Certified Occupational Therapist Assistant 20.88 12015 - Certified Physical Therapist Assistant 22.71 12020 - Dental Assistant 17.54 12025 - Dental Hygienist 32.77 12030 - EKG Technician 24.02 12035 - Electroneurodiagnostic Technologist 24.02 12040 - Emergency Medical Technician 16.79 12071 - Licensed Practical Nurse I 16.70 12072 - Licensed Practical Nurse II 18.68 12073 - Licensed Practical Nurse III 20.82 12100 - Medical Assistant 14.05 12130 - Medical Laboratory Technician 18.81 12160 - Medical Record Clerk 14.83 12190 - Medical Record Technician 16.59 12195 - Medical Transcriptionist 16.70 12210 - Nuclear Medicine Technologist 37.00 12221 - Nursing Assistant I 10.66 12222 - Nursing Assistant II 11.98 12223 - Nursing Assistant III 13.07 12224 - Nursing Assistant IV 14.68 12235 - Optical Dispenser 18.79 12236 - Optical Technician 17.61 12250 - Pharmacy Technician 13.86 12280 - Phlebotomist 16.07 12305 - Radiologic Technologist 28.03 12311 - Registered Nurse I 22.63 12312 - Registered Nurse II 27.69 12313 - Registered Nurse II, Specialist 27.69 12314 - Registered Nurse III 33.50 12315 - Registered Nurse III, Anesthetist 33.50 12316 - Registered Nurse IV 40.15 12317 - Scheduler (Drug and Alcohol Testing) 23.15 12320 - Substance Abuse Treatment Counselor 21.1013000 - Information And Arts Occupations 13011 - Exhibits Specialist I 20.39 13012 - Exhibits Specialist II 25.27 13013 - Exhibits Specialist III 30.91 13041 - Illustrator I 21.59 13042 - Illustrator II 26.76 13043 - Illustrator III 33.49 13047 - Librarian 29.12 13050 - Library Aide/Clerk 12.75 13054 - Library Information Technology Systems 23.85 Administrator 13058 - Library Technician 16.77 13061 - Media Specialist I 17.67 13062 - Media Specialist II 19.76 13063 - Media Specialist III 22.03 13071 - Photographer I 16.02 13072 - Photographer II 20.38 13073 - Photographer III 25.24 13074 - Photographer IV 31.60 13075 - Photographer V 36.65 13090 - Technical Order Library Clerk 16.77 13110 - Video Teleconference Technician 20.6114000 - Information Technology Occupations 14041 - Computer Operator I 15.64 14042 - Computer Operator II 17.49 14043 - Computer Operator III 20.68 14044 - Computer Operator IV 22.89 14045 - Computer Operator V 25.40 14071 - Computer Programmer I (see 1) 19.79 14072 - Computer Programmer II (see 1) 24.29 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 15.64 14160 - Personal Computer Support Technician 22.89 14170 - System Support Specialist 21.2715000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 30.50 15020 - Aircrew Training Devices Instructor (Rated) 33.57 15030 - Air Crew Training Devices Instructor (Pilot) 39.22 15050 - Computer Based Training Specialist / Instructor 30.50 15060 - Educational Technologist 26.69 15070 - Flight Instructor (Pilot) 39.22 15080 - Graphic Artist 21.56 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 34.07 15086 - Maintenance Test Pilot, Rotary Wing 34.07 15088 - Non-Maintenance Test/Co-Pilot 34.07 15090 - Technical Instructor 19.93 15095 - Technical Instructor/Course Developer 24.38 15110 - Test Proctor 16.08 15120 - Tutor 16.0816000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.57 16030 - Counter Attendant 9.57 16040 - Dry Cleaner 11.10 16070 - Finisher, Flatwork, Machine 9.57 16090 - Presser, Hand 9.57 16110 - Presser, Machine, Dry cleaning 9.57 16130 - Presser, Machine, Shirts 9.57 16160 - Presser, Machine, Wearing Apparel, Laundry 9.57 16190 - Sewing Machine Operator 11.76 16220 - Tailor 12.36 16250 - Washer, Machine 10.0319000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 19.75 19040 - Tool And Die Maker 23.0821000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 16.64 21030 - Material Coordinator 22.79 21040 - Material Expediter 22.79 21050 - Material Handling Laborer 14.63 21071 - Order Filler 13.63 21080 - Production Line Worker (Food Processing) 16.84 21110 - Shipping Packer 15.70 21130 - Shipping/Receiving Clerk 15.70 21140 - Store Worker I 12.27 21150 - Stock Clerk 17.06 21210 - Tools And Parts Attendant 16.64 21410 - Warehouse Specialist 16.6423000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 27.23 23019 - Aircraft Logs and Records Technician 23.28 23021 - Aircraft Mechanic I 26.30 23022 - Aircraft Mechanic II 27.23 23023 - Aircraft Mechanic III 28.26 23040 - Aircraft Mechanic Helper 20.47 23050 - Aircraft, Painter 25.05 23060 - Aircraft Servicer 23.28 23070 - Aircraft Survival Flight Equipment Technician 25.05 23080 - Aircraft Worker 24.27 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 24.27 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 26.30 II 23110 - Appliance Mechanic 19.76 23120 - Bicycle Repairer 16.20 23125 - Cable Splicer 30.33 23130 - Carpenter, Maintenance 19.42 23140 - Carpet Layer 21.35 23160 - Electrician, Maintenance 23.15 23181 - Electronics Technician Maintenance I 21.20 23182 - Electronics Technician Maintenance II 22.57 23183 - Electronics Technician Maintenance III 23.77 23260 - Fabric Worker 20.12 23290 - Fire Alarm System Mechanic 21.14 23310 - Fire Extinguisher Repairer 18.66 23311 - Fuel Distribution System Mechanic 27.70 23312 - Fuel Distribution System Operator 23.63 23370 - General Maintenance Worker 18.39 23380 - Ground Support Equipment Mechanic 26.30 23381 - Ground Support Equipment Servicer 23.28 23382 - Ground Support Equipment Worker 24.27 23391 - Gunsmith I 18.33 23392 - Gunsmith II 21.35 23393 - Gunsmith III 23.94 23410 - Heating, Ventilation And Air-Conditioning 19.05 Mechanic 23411 - Heating, Ventilation And Air Conditioning 19.72 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 20.80 23440 - Heavy Equipment Operator 22.62 23460 - Instrument Mechanic 28.61 23465 - Laboratory/Shelter Mechanic 22.73 23470 - Laborer 12.94 23510 - Locksmith 19.98 23530 - Machinery Maintenance Mechanic 24.92 23550 - Machinist, Maintenance 20.92 23580 - Maintenance Trades Helper 15.64 23591 - Metrology Technician I 28.61 23592 - Metrology Technician II 29.61 23593 - Metrology Technician III 30.75 23640 - Millwright 26.51 23710 - Office Appliance Repairer 20.69 23760 - Painter, Maintenance 19.76 23790 - Pipefitter, Maintenance 25.84 23810 - Plumber, Maintenance 23.31 23820 - Pneudraulic Systems Mechanic 23.94 23850 - Rigger 23.94 23870 - Scale Mechanic 21.35 23890 - Sheet-Metal Worker, Maintenance 23.75 23910 - Small Engine Mechanic 18.55 23931 - Telecommunications Mechanic I 29.59 23932 - Telecommunications Mechanic II 30.64 23950 - Telephone Lineman 29.59 23960 - Welder, Combination, Maintenance 20.57 23965 - Well Driller 21.16 23970 - Woodcraft Worker 23.94 23980 - Woodworker 17.3124000 - Personal Needs Occupations 24550 - Case Manager 15.72 24570 - Child Care Attendant 11.10 24580 - Child Care Center Clerk 13.84 24610 - Chore Aide 11.21 24620 - Family Readiness And Support Services 15.72 Coordinator 24630 - Homemaker 15.7225000 - Plant And System Operations Occupations 25010 - Boiler Tender 24.11 25040 - Sewage Plant Operator 21.60 25070 - Stationary Engineer 24.11 25190 - Ventilation Equipment Tender 16.73 25210 - Water Treatment Plant Operator 21.6027000 - Protective Service Occupations 27004 - Alarm Monitor 19.64 27007 - Baggage Inspector 12.63 27008 - Corrections Officer 25.74 27010 - Court Security Officer 24.22 27030 - Detection Dog Handler 18.45 27040 - Detention Officer 25.74 27070 - Firefighter 23.86 27101 - Guard I 12.63 27102 - Guard II 16.99 27131 - Police Officer I 23.40 27132 - Police Officer II 26.0028000 - Recreation Occupations 28041 - Carnival Equipment Operator 13.00 28042 - Carnival Equipment Repairer 14.08 28043 - Carnival Worker 9.81 28210 - Gate Attendant/Gate Tender 13.69 28310 - Lifeguard 11.74 28350 - Park Attendant (Aide) 15.66 28510 - Recreation Aide/Health Facility Attendant 11.35 28515 - Recreation Specialist 15.72 28630 - Sports Official 12.47 28690 - Swimming Pool Operator 16.4729000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 22.09 29020 - Hatch Tender 22.09 29030 - Line Handler 22.09 29041 - Stevedore I 21.85 29042 - Stevedore II 24.0430000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 36.96 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 25.49 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.07 30021 - Archeological Technician I 15.74 30022 - Archeological Technician II 17.61 30023 - Archeological Technician III 21.81 30030 - Cartographic Technician 21.81 30040 - Civil Engineering Technician 23.09 30051 - Cryogenic Technician I 24.17 30052 - Cryogenic Technician II 26.69 30061 - Drafter/CAD Operator I 15.74 30062 - Drafter/CAD Operator II 17.61 30063 - Drafter/CAD Operator III 19.65 30064 - Drafter/CAD Operator IV 24.17 30081 - Engineering Technician I 15.61 30082 - Engineering Technician II 17.52 30083 - Engineering Technician III 19.60 30084 - Engineering Technician IV 24.29 30085 - Engineering Technician V 29.71 30086 - Engineering Technician VI 35.94 30090 - Environmental Technician 20.92 30095 - Evidence Control Specialist 19.21 30210 - Laboratory Technician 20.77 30221 - Latent Fingerprint Technician I 24.17 30222 - Latent Fingerprint Technician II 26.69 30240 - Mathematical Technician 21.81 30361 - Paralegal/Legal Assistant I 16.72 30362 - Paralegal/Legal Assistant II 19.84 30363 - Paralegal/Legal Assistant III 24.26 30364 - Paralegal/Legal Assistant IV 29.35 30375 - Petroleum Supply Specialist 23.49 30390 - Photo-Optics Technician 21.81 30395 - Radiation Control Technician 23.49 30461 - Technical Writer I 21.46 30462 - Technical Writer II 26.24 30463 - Technical Writer III 30.21 30491 - Unexploded Ordnance (UXO) Technician I 23.49 30492 - Unexploded Ordnance (UXO) Technician II 28.42 30493 - Unexploded Ordnance (UXO) Technician III 34.07 30494 - Unexploded (UXO) Safety Escort 23.49 30495 - Unexploded (UXO) Sweep Personnel 23.49 30501 - Weather Forecaster I 24.17 30502 - Weather Forecaster II 29.40 30620 - Weather Observer, Combined Upper Air Or (see 2) 19.65 Surface Programs 30621 - Weather Observer, Senior (see 2) 21.8131000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 28.42 31020 - Bus Aide 13.56 31030 - Bus Driver 18.39 31043 - Driver Courier 13.87 31260 - Parking and Lot Attendant 10.86 31290 - Shuttle Bus Driver 13.65 31310 - Taxi Driver 12.67 31361 - Truck driver, Light 13.65 31362 - Truck driver, Medium 15.55 31363 - Truck driver, Heavy 19.04 31364 - Truck driver, Tractor-Trailer 19.0499000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 13.86 99030 - Cashier 9.39 99050 - Desk Clerk 10.66 99095 - Embalmer 26.04 99130 - Flight Follower 23.49 99251 - Laboratory Animal Caretaker I 13.20 99252 - Laboratory Animal Caretaker II 14.34 99260 - Marketing Analyst 30.60 99310 - Mortician 31.14 99410 - Pest Controller 17.88 99510 - Photofinishing Worker 13.41 99710 - Recycling Laborer 16.50 99711 - Recycling Specialist 19.47 99730 - Refuse Collector 14.79 99810 - Sales Clerk 12.24 99820 - School Crossing Guard 11.98 99830 - Survey Party Chief 21.63 99831 - Surveying Aide 12.89 99832 - Surveying Technician 19.67 99840 - Vending Machine Attendant 14.74 99841 - Vending Machine Repairer 17.56 99842 - Vending Machine Repairer Helper 14.74____________________________________________________________________________________Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for FederalContractors, applies to all contracts subject to the Service Contract Act for whichthe 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 employeeswith 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paidsick leave each year. Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, including preventive care; toassist 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 forreasons resulting from, or to assist a family member (or person who is like familyto the employee) who is the victim of, domestic violence, sexual assault, orstalking. Additional information on contractor requirements and worker protectionsunder the EO is available at 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 monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 8 years, 4 weeks after 15 years, and 5 weeks after 25 years. Length of service includes the whole span of continuous service with the presentcontractor or successor, wherever employed, and with the predecessor contractors inthe 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 LutherKing Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day,Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (Acontractor may substitute for any of the named holidays another day off with pay inaccordance 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 doesnot 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. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) 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 occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations 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 theconformance procedures described in the conformance note included on this wagedetermination.Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications; (2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications; (3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand 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 yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium 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 consideredovertime work).** HAZARDOUS PAY DIFFERENTIAL **An 8 percent differential is applicable to employees employed in a position thatrepresents a high degree of hazard when working with or in close proximity toordnance, explosives, and incendiary materials. This includes work such asscreening, 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 sensitiveordnance, explosives and incendiary materials. All operations involving re-gradingand cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordnance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee 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. Alloperations involving, unloading, storage, and hauling of ordnance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordnance, 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 orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof 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, StandardForm 1444 (SF-1444) **Conformance Process:The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination (See 29 CFR4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractorprior 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 finaldetermination of conformed classification, wage rate, and/or fringe benefits whichshall be paid to all employees performing in the classification from the first dayof work on which contract work is performed by them in the classification. Failureto pay such unlisted employees the compensation agreed upon by the interestedparties and/or fully determined by the Wage and Hour Division retroactive to thedate such class of employees commenced contract work shall be a violation of the Actand this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations areincluded in a contract, a separate SF-1444 should be prepared for each wagedetermination 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 conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in orderthe proposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation 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, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.5) The contracting officer transmits the Wage and Hour Division's decision to thecontractor.6) Each affected employee shall be furnished by the contractor with a written copyof such determination or it shall be posted as a part of the wage determination (See29 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 ofOccupations" should be used to compare job definitions to ensure that dutiesrequested are not performed by a classification already listed in the wagedetermination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination (See 29 CFR 4.152(c)(1)).D.6 WAGE DETERMINATION – DUTCHESS COUNTYWD 15-5777 (Rev.-1) was first posted on on 03/21/2017************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-5777Daniel W. Simms Division of | Revision No.: 1Director Wage Determinations| Date Of Revision: 03/14/2017_______________________________________|____________________________________________Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 forcalendar year 2017 applies to all contracts subject to the Service ContractAct for which the contract is awarded (and any solicitation was issued) on orafter January 1, 2015. If this contract is covered by the EO, the contractormust pay all workers in any classification listed on this wage determinationat least $10.20 per hour (or the applicable wage rate listed on this wagedetermination, if it is higher) for all hours spent performing on the contractin calendar year 2017. The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections underthe EO is available at whd/govcontracts.____________________________________________________________________________________State: New YorkArea: New York County of Dutchess____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 15.11 01012 - Accounting Clerk II 19.61 01013 - Accounting Clerk III 21.89 01020 - Administrative Assistant 29.60 01035 - Court Reporter 21.64 01041 - Customer Service Representative I 13.31 01042 - Customer Service Representative II 14.97 01043 - Customer Service Representative III 16.33 01051 - Data Entry Operator I 14.71 01052 - Data Entry Operator II 16.05 01060 - Dispatcher, Motor Vehicle 24.39 01070 - Document Preparation Clerk 16.88 01090 - Duplicating Machine Operator 16.88 01111 - General Clerk I 14.80 01112 - General Clerk II 17.49 01113 - General Clerk III 18.82 01120 - Housing Referral Assistant 26.92 01141 - Messenger Courier 13.28 01191 - Order Clerk I 14.82 01192 - Order Clerk II 17.67 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 23.51 01290 - Rental Clerk 18.04 01300 - Scheduler, Maintenance 21.57 01311 - Secretary I 21.57 01312 - Secretary II 24.14 01313 - Secretary III 26.92 01320 - Service Order Dispatcher 21.75 01410 - Supply Technician 29.60 01420 - Survey Worker 21.64 01460 - Switchboard Operator/Receptionist 15.67 01531 - Travel Clerk I 12.91 01532 - Travel Clerk II 13.65 01533 - Travel Clerk III 14.40 01611 - Word Processor I 17.62 01612 - Word Processor II 19.79 01613 - Word Processor III 22.1305000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 23.85 05010 - Automotive Electrician 26.09 05040 - Automotive Glass Installer 24.15 05070 - Automotive Worker 24.15 05110 - Mobile Equipment Servicer 20.57 05130 - Motor Equipment Metal Mechanic 26.94 05160 - Motor Equipment Metal Worker 24.15 05190 - Motor Vehicle Mechanic 26.94 05220 - Motor Vehicle Mechanic Helper 19.94 05250 - Motor Vehicle Upholstery Worker 21.07 05280 - Motor Vehicle Wrecker 24.15 05310 - Painter, Automotive 25.66 05340 - Radiator Repair Specialist 24.15 05370 - Tire Repairer 11.51 05400 - Transmission Repair Specialist 26.9407000 - Food Preparation And Service Occupations 07010 - Baker 15.40 07041 - Cook I 14.41 07042 - Cook II 16.80 07070 - Dishwasher 9.38 07130 - Food Service Worker 11.24 07210 - Meat Cutter 19.20 07260 - Waiter/Waitress 11.6809000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 17.85 09040 - Furniture Handler 13.21 09080 - Furniture Refinisher 18.70 09090 - Furniture Refinisher Helper 14.37 09110 - Furniture Repairer, Minor 16.30 09130 - Upholsterer 18.6111000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 12.94 11060 - Elevator Operator 13.01 11090 - Gardener 16.67 11122 - Housekeeping Aide 15.70 11150 - Janitor 15.70 11210 - Laborer, Grounds Maintenance 15.89 11240 - Maid or Houseman 13.34 11260 - Pruner 14.29 11270 - Tractor Operator 19.07 11330 - Trail Maintenance Worker 15.89 11360 - Window Cleaner 15.7012000 - Health Occupations 12010 - Ambulance Driver 20.22 12011 - Breath Alcohol Technician 22.61 12012 - Certified Occupational Therapist Assistant 26.52 12015 - Certified Physical Therapist Assistant 24.51 12020 - Dental Assistant 17.31 12025 - Dental Hygienist 36.69 12030 - EKG Technician 31.52 12035 - Electroneurodiagnostic Technologist 31.52 12040 - Emergency Medical Technician 20.22 12071 - Licensed Practical Nurse I 21.76 12072 - Licensed Practical Nurse II 24.34 12073 - Licensed Practical Nurse III 24.48 12100 - Medical Assistant 16.66 12130 - Medical Laboratory Technician 22.69 12160 - Medical Record Clerk 18.65 12190 - Medical Record Technician 20.55 12195 - Medical Transcriptionist 18.65 12210 - Nuclear Medicine Technologist 38.43 12221 - Nursing Assistant I 12.65 12222 - Nursing Assistant II 14.22 12223 - Nursing Assistant III 16.13 12224 - Nursing Assistant IV 17.41 12235 - Optical Dispenser 24.64 12236 - Optical Technician 16.64 12250 - Pharmacy Technician 14.58 12280 - Phlebotomist 16.79 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) 26.17 12320 - Substance Abuse Treatment Counselor 19.2313000 - Information And Arts Occupations 13011 - Exhibits Specialist I 27.03 13012 - Exhibits Specialist II 30.45 13013 - Exhibits Specialist III 34.25 13041 - Illustrator I 25.89 13042 - Illustrator II 30.45 13043 - Illustrator III 34.25 13047 - Librarian 34.02 13050 - Library Aide/Clerk 15.79 13054 - Library Information Technology Systems 25.15 Administrator 13058 - Library Technician 21.67 13061 - Media Specialist I 21.21 13062 - Media Specialist II 23.84 13063 - Media Specialist III 26.70 13071 - Photographer I 20.03 13072 - Photographer II 23.82 13073 - Photographer III 29.53 13074 - Photographer IV 33.78 13075 - Photographer V 40.89 13090 - Technical Order Library Clerk 17.95 13110 - Video Teleconference Technician 24.3314000 - 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 26.35 14045 - Computer Operator V 29.17 14071 - Computer Programmer I (see 1) 27.56 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 26.35 14170 - System Support Specialist 29.3815000 - 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) 51.69 15050 - Computer Based Training Specialist / Instructor 39.54 15060 - Educational Technologist 32.92 15070 - Flight Instructor (Pilot) 51.69 15080 - Graphic Artist 27.68 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 51.69 15086 - Maintenance Test Pilot, Rotary Wing 51.69 15088 - Non-Maintenance Test/Co-Pilot 51.69 15090 - Technical Instructor 27.17 15095 - Technical Instructor/Course Developer 31.35 15110 - Test Proctor 20.72 15120 - Tutor 20.7216000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 10.77 16030 - Counter Attendant 10.77 16040 - Dry Cleaner 13.67 16070 - Finisher, Flatwork, Machine 10.77 16090 - Presser, Hand 10.77 16110 - Presser, Machine, Dry cleaning 10.77 16130 - Presser, Machine, Shirts 10.77 16160 - Presser, Machine, Wearing Apparel, Laundry 10.77 16190 - Sewing Machine Operator 14.77 16220 - Tailor 15.85 16250 - Washer, Machine 11.4719000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 20.89 19040 - Tool And Die Maker 25.5021000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 16.96 21030 - Material Coordinator 23.51 21040 - Material Expediter 23.51 21050 - Material Handling Laborer 14.24 21071 - Order Filler 12.98 21080 - Production Line Worker (Food Processing) 16.96 21110 - Shipping Packer 16.34 21130 - Shipping/Receiving Clerk 16.34 21140 - Store Worker I 12.66 21150 - Stock Clerk 17.35 21210 - Tools And Parts Attendant 16.96 21410 - Warehouse Specialist 16.9623000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 29.81 23019 - Aircraft Logs and Records Technician 23.47 23021 - Aircraft Mechanic I 27.11 23022 - Aircraft Mechanic II 29.81 23023 - Aircraft Mechanic III 30.66 23040 - Aircraft Mechanic Helper 20.84 23050 - Aircraft, Painter 25.59 23060 - Aircraft Servicer 23.47 23070 - Aircraft Survival Flight Equipment Technician 25.59 23080 - Aircraft Worker 24.72 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 24.72 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 27.11 II 23110 - Appliance Mechanic 22.11 23120 - Bicycle Repairer 11.73 23125 - Cable Splicer 34.99 23130 - Carpenter, Maintenance 29.55 23140 - Carpet Layer 27.98 23160 - Electrician, Maintenance 36.84 23181 - Electronics Technician Maintenance I 24.87 23182 - Electronics Technician Maintenance II 25.94 23183 - Electronics Technician Maintenance III 26.96 23260 - Fabric Worker 26.22 23290 - Fire Alarm System Mechanic 20.95 23310 - Fire Extinguisher Repairer 22.28 23311 - Fuel Distribution System Mechanic 29.94 23312 - Fuel Distribution System Operator 24.09 23370 - General Maintenance Worker 20.77 23380 - Ground Support Equipment Mechanic 27.11 23381 - Ground Support Equipment Servicer 23.47 23382 - Ground Support Equipment Worker 24.72 23391 - Gunsmith I 22.28 23392 - Gunsmith II 24.87 23393 - Gunsmith III 27.25 23410 - Heating, Ventilation And Air-Conditioning 26.97 Mechanic 23411 - Heating, Ventilation And Air Conditioning 29.04 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 27.71 23440 - Heavy Equipment Operator 32.03 23460 - Instrument Mechanic 30.86 23465 - Laboratory/Shelter Mechanic 25.94 23470 - Laborer 12.82 23510 - Locksmith 22.77 23530 - Machinery Maintenance Mechanic 26.35 23550 - Machinist, Maintenance 19.74 23580 - Maintenance Trades Helper 15.09 23591 - Metrology Technician I 30.86 23592 - Metrology Technician II 33.24 23593 - Metrology Technician III 34.64 23640 - Millwright 29.72 23710 - Office Appliance Repairer 23.98 23760 - Painter, Maintenance 22.59 23790 - Pipefitter, Maintenance 32.87 23810 - Plumber, Maintenance 30.12 23820 - Pneudraulic Systems Mechanic 27.25 23850 - Rigger 26.80 23870 - Scale Mechanic 24.87 23890 - Sheet-Metal Worker, Maintenance 32.41 23910 - Small Engine Mechanic 21.10 23931 - Telecommunications Mechanic I 30.69 23932 - Telecommunications Mechanic II 31.88 23950 - Telephone Lineman 31.86 23960 - Welder, Combination, Maintenance 22.17 23965 - Well Driller 24.51 23970 - Woodcraft Worker 29.26 23980 - Woodworker 17.1424000 - Personal Needs Occupations 24550 - Case Manager 16.38 24570 - Child Care Attendant 13.05 24580 - Child Care Center Clerk 16.26 24610 - Chore Aide 11.68 24620 - Family Readiness And Support Services 16.38 Coordinator 24630 - Homemaker 19.8025000 - Plant And System Operations Occupations 25010 - Boiler Tender 29.03 25040 - Sewage Plant Operator 26.98 25070 - Stationary Engineer 29.03 25190 - Ventilation Equipment Tender 21.81 25210 - Water Treatment Plant Operator 26.9827000 - Protective Service Occupations 27004 - Alarm Monitor 21.03 27007 - Baggage Inspector 17.16 27008 - Corrections Officer 30.97 27010 - Court Security Officer 30.66 27030 - Detection Dog Handler 20.36 27040 - Detention Officer 30.97 27070 - Firefighter 34.17 27101 - Guard I 17.16 27102 - Guard II 20.36 27131 - Police Officer I 32.37 27132 - Police Officer II 35.9428000 - Recreation Occupations 28041 - Carnival Equipment Operator 13.45 28042 - Carnival Equipment Repairer 14.22 28043 - Carnival Worker 10.96 28210 - Gate Attendant/Gate Tender 16.82 28310 - Lifeguard 13.00 28350 - Park Attendant (Aide) 18.83 28510 - Recreation Aide/Health Facility Attendant 15.76 28515 - Recreation Specialist 23.08 28630 - Sports Official 14.99 28690 - Swimming Pool Operator 16.9529000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 26.00 29020 - Hatch Tender 26.00 29030 - Line Handler 26.00 29041 - Stevedore I 23.61 29042 - Stevedore II 25.0930000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 42.79 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 29.51 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 32.50 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 26.71 30051 - Cryogenic Technician I 29.58 30052 - Cryogenic Technician II 32.67 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 29.58 30081 - Engineering Technician I 19.62 30082 - Engineering Technician II 22.47 30083 - Engineering Technician III 25.28 30084 - Engineering Technician IV 31.22 30085 - Engineering Technician V 39.40 30086 - Engineering Technician VI 43.34 30090 - Environmental Technician 22.13 30095 - Evidence Control Specialist 26.71 30210 - Laboratory Technician 23.51 30221 - Latent Fingerprint Technician I 29.58 30222 - Latent Fingerprint Technician II 32.67 30240 - Mathematical Technician 26.71 30361 - Paralegal/Legal Assistant I 21.87 30362 - Paralegal/Legal Assistant II 25.09 30363 - Paralegal/Legal Assistant III 35.39 30364 - Paralegal/Legal Assistant IV 39.13 30375 - Petroleum Supply Specialist 32.67 30390 - Photo-Optics Technician 27.27 30395 - Radiation Control Technician 32.67 30461 - Technical Writer I 27.81 30462 - Technical Writer II 32.99 30463 - Technical Writer III 39.53 30491 - Unexploded Ordnance (UXO) Technician I 27.19 30492 - Unexploded Ordnance (UXO) Technician II 32.90 30493 - Unexploded Ordnance (UXO) Technician III 39.44 30494 - Unexploded (UXO) Safety Escort 27.19 30495 - Unexploded (UXO) Sweep Personnel 27.19 30501 - Weather Forecaster I 29.58 30502 - Weather Forecaster II 35.99 30620 - Weather Observer, Combined Upper Air Or (see 2) 24.55 Surface Programs 30621 - Weather Observer, Senior (see 2) 27.2731000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 32.90 31020 - Bus Aide 15.39 31030 - Bus Driver 19.89 31043 - Driver Courier 16.45 31260 - Parking and Lot Attendant 11.13 31290 - Shuttle Bus Driver 17.80 31310 - Taxi Driver 13.98 31361 - Truck driver, Light 17.80 31362 - Truck driver, Medium 19.15 31363 - Truck driver, Heavy 24.52 31364 - Truck driver, Tractor-Trailer 24.5299000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 16.04 99030 - Cashier 10.53 99050 - Desk Clerk 13.34 99095 - Embalmer 33.21 99130 - Flight Follower 27.19 99251 - Laboratory Animal Caretaker I 13.22 99252 - Laboratory Animal Caretaker II 14.05 99260 - Marketing Analyst 28.30 99310 - Mortician 37.88 99410 - Pest Controller 18.14 99510 - Photofinishing Worker 16.23 99710 - Recycling Laborer 19.05 99711 - Recycling Specialist 21.81 99730 - Refuse Collector 18.36 99810 - Sales Clerk 14.70 99820 - School Crossing Guard 13.82 99830 - Survey Party Chief 22.56 99831 - Surveying Aide 14.74 99832 - Surveying Technician 20.42 99840 - Vending Machine Attendant 16.06 99841 - Vending Machine Repairer 21.00 99842 - Vending Machine Repairer Helper 17.35____________________________________________________________________________________Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for FederalContractors, applies to all contracts subject to the Service Contract Act for whichthe 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 employeeswith 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paidsick leave each year. Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, including preventive care; toassist 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 forreasons resulting from, or to assist a family member (or person who is like familyto the employee) who is the victim of, domestic violence, sexual assault, orstalking. Additional information on contractor requirements and worker protectionsunder the EO is available at 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 monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of serviceincludes the whole span of continuous service with the present contractor orsuccessor, wherever employed, and with the predecessor contractors in theperformance 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, MartinLuther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day,Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, andChristmas Day. A contractor may substitute for any of the named holidays anotherday 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 doesnot 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. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) 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 occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations 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 theconformance procedures described in the conformance note included on this wagedetermination.Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications; (2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications; (3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand 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 yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium 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 consideredovertime work).** HAZARDOUS PAY DIFFERENTIAL **An 8 percent differential is applicable to employees employed in a position thatrepresents a high degree of hazard when working with or in close proximity toordnance, explosives, and incendiary materials. This includes work such asscreening, 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 sensitiveordnance, explosives and incendiary materials. All operations involving re-gradingand cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordnance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee 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. Alloperations involving, unloading, storage, and hauling of ordnance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordnance, 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 orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof 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, StandardForm 1444 (SF-1444) **Conformance Process:The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination (See 29 CFR4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractorprior 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 finaldetermination of conformed classification, wage rate, and/or fringe benefits whichshall be paid to all employees performing in the classification from the first dayof work on which contract work is performed by them in the classification. Failureto pay such unlisted employees the compensation agreed upon by the interestedparties and/or fully determined by the Wage and Hour Division retroactive to thedate such class of employees commenced contract work shall be a violation of the Actand this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations areincluded in a contract, a separate SF-1444 should be prepared for each wagedetermination 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 conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in orderthe proposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation 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, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.5) The contracting officer transmits the Wage and Hour Division's decision to thecontractor.6) Each affected employee shall be furnished by the contractor with a written copyof such determination or it shall be posted as a part of the wage determination (See29 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 ofOccupations" should be used to compare job definitions to ensure that dutiesrequested are not performed by a classification already listed in the wagedetermination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination (See 29 CFR 4.152(c)(1)).D.7 WAGE DETERMINATION – ERIE COUNTYWD 15-4147 (Rev.-2) was first posted on on 01/03/2017************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-4147Daniel W. Simms Division of | Revision No.: 2Director Wage Determinations| Date Of Revision: 12/30/2016_______________________________________|____________________________________________Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 forcalendar year 2017 applies to all contracts subject to the Service ContractAct for which the contract is awarded (and any solicitation was issued) on orafter January 1, 2015. If this contract is covered by the EO, the contractormust pay all workers in any classification listed on this wage determinationat least $10.20 per hour (or the applicable wage rate listed on this wagedetermination, if it is higher) for all hours spent performing on the contractin calendar year 2017. The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections underthe EO is available at whd/govcontracts.____________________________________________________________________________________State: New YorkArea: New York Counties of Erie, Niagara____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 13.77 01012 - Accounting Clerk II 15.46 01013 - Accounting Clerk III 17.39 01020 - Administrative Assistant 25.42 01035 - Court Reporter 20.85 01041 - Customer Service Representative I 12.99 01042 - Customer Service Representative II 14.60 01043 - Customer Service Representative III 15.94 01051 - Data Entry Operator I 14.30 01052 - Data Entry Operator II 15.61 01060 - Dispatcher, Motor Vehicle 15.86 01070 - Document Preparation Clerk 14.03 01090 - Duplicating Machine Operator 14.03 01111 - General Clerk I 12.49 01112 - General Clerk II 13.63 01113 - General Clerk III 15.30 01120 - Housing Referral Assistant 23.17 01141 - Messenger Courier 13.04 01191 - Order Clerk I 14.08 01192 - Order Clerk II 15.37 01261 - Personnel Assistant (Employment) I 15.23 01262 - Personnel Assistant (Employment) II 16.64 01263 - Personnel Assistant (Employment) III 19.97 01270 - Production Control Clerk 21.75 01290 - Rental Clerk 15.23 01300 - Scheduler, Maintenance 18.57 01311 - Secretary I 18.57 01312 - Secretary II 20.77 01313 - Secretary III 23.17 01320 - Service Order Dispatcher 14.59 01410 - Supply Technician 25.42 01420 - Survey Worker 17.42 01460 - Switchboard Operator/Receptionist 13.29 01531 - Travel Clerk I 11.81 01532 - Travel Clerk II 12.46 01533 - Travel Clerk III 13.16 01611 - Word Processor I 14.97 01612 - Word Processor II 15.93 01613 - Word Processor III 17.8205000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 22.34 05010 - Automotive Electrician 21.67 05040 - Automotive Glass Installer 20.85 05070 - Automotive Worker 20.85 05110 - Mobile Equipment Servicer 19.45 05130 - Motor Equipment Metal Mechanic 22.34 05160 - Motor Equipment Metal Worker 20.85 05190 - Motor Vehicle Mechanic 22.34 05220 - Motor Vehicle Mechanic Helper 18.03 05250 - Motor Vehicle Upholstery Worker 20.11 05280 - Motor Vehicle Wrecker 20.85 05310 - Painter, Automotive 21.67 05340 - Radiator Repair Specialist 20.85 05370 - Tire Repairer 18.78 05400 - Transmission Repair Specialist 22.3407000 - Food Preparation And Service Occupations 07010 - Baker 11.65 07041 - Cook I 11.98 07042 - Cook II 13.21 07070 - Dishwasher 9.15 07130 - Food Service Worker 9.86 07210 - Meat Cutter 15.72 07260 - Waiter/Waitress 9.8709000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 22.34 09040 - Furniture Handler 17.51 09080 - Furniture Refinisher 22.34 09090 - Furniture Refinisher Helper 19.23 09110 - Furniture Repairer, Minor 20.73 09130 - Upholsterer 22.3411000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 10.18 11060 - Elevator Operator 11.20 11090 - Gardener 16.78 11122 - Housekeeping Aide 12.11 11150 - Janitor 12.70 11210 - Laborer, Grounds Maintenance 14.30 11240 - Maid or Houseman 9.95 11260 - Pruner 13.27 11270 - Tractor Operator 16.13 11330 - Trail Maintenance Worker 14.30 11360 - Window Cleaner 13.2412000 - Health Occupations 12010 - Ambulance Driver 15.67 12011 - Breath Alcohol Technician 16.34 12012 - Certified Occupational Therapist Assistant 20.38 12015 - Certified Physical Therapist Assistant 20.68 12020 - Dental Assistant 16.41 12025 - Dental Hygienist 29.85 12030 - EKG Technician 25.51 12035 - Electroneurodiagnostic Technologist 25.51 12040 - Emergency Medical Technician 15.67 12071 - Licensed Practical Nurse I 15.18 12072 - Licensed Practical Nurse II 16.98 12073 - Licensed Practical Nurse III 18.94 12100 - Medical Assistant 15.33 12130 - Medical Laboratory Technician 21.41 12160 - Medical Record Clerk 16.75 12190 - Medical Record Technician 18.74 12195 - Medical Transcriptionist 15.65 12210 - Nuclear Medicine Technologist 33.49 12221 - Nursing Assistant I 11.23 12222 - Nursing Assistant II 12.62 12223 - Nursing Assistant III 13.78 12224 - Nursing Assistant IV 15.47 12235 - Optical Dispenser 20.07 12236 - Optical Technician 14.37 12250 - Pharmacy Technician 14.75 12280 - Phlebotomist 15.74 12305 - Radiologic Technologist 25.88 12311 - Registered Nurse I 23.63 12312 - Registered Nurse II 28.90 12313 - Registered Nurse II, Specialist 28.90 12314 - Registered Nurse III 34.96 12315 - Registered Nurse III, Anesthetist 34.96 12316 - Registered Nurse IV 41.90 12317 - Scheduler (Drug and Alcohol Testing) 21.04 12320 - Substance Abuse Treatment Counselor 17.3513000 - Information And Arts Occupations 13011 - Exhibits Specialist I 18.91 13012 - Exhibits Specialist II 23.40 13013 - Exhibits Specialist III 28.53 13041 - Illustrator I 19.84 13042 - Illustrator II 24.54 13043 - Illustrator III 29.93 13047 - Librarian 26.64 13050 - Library Aide/Clerk 14.21 13054 - Library Information Technology Systems 23.38 Administrator 13058 - Library Technician 15.75 13061 - Media Specialist I 17.36 13062 - Media Specialist II 19.42 13063 - Media Specialist III 21.66 13071 - Photographer I 14.14 13072 - Photographer II 17.34 13073 - Photographer III 21.45 13074 - Photographer IV 26.17 13075 - Photographer V 31.74 13090 - Technical Order Library Clerk 17.85 13110 - Video Teleconference Technician 20.3814000 - Information Technology Occupations 14041 - Computer Operator I 15.40 14042 - Computer Operator II 17.23 14043 - Computer Operator III 20.20 14044 - Computer Operator IV 23.94 14045 - Computer Operator V 26.51 14071 - Computer Programmer I 20.28 14072 - Computer Programmer II 25.12 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 15.40 14160 - Personal Computer Support Technician 23.94 14170 - System Support Specialist 28.1815000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 28.63 15020 - Aircrew Training Devices Instructor (Rated) 34.64 15030 - Air Crew Training Devices Instructor (Pilot) 41.52 15050 - Computer Based Training Specialist / Instructor 28.63 15060 - Educational Technologist 28.39 15070 - Flight Instructor (Pilot) 41.52 15080 - Graphic Artist 19.69 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 35.51 15086 - Maintenance Test Pilot, Rotary Wing 35.51 15088 - Non-Maintenance Test/Co-Pilot 35.51 15090 - Technical Instructor 21.43 15095 - Technical Instructor/Course Developer 26.22 15110 - Test Proctor 17.30 15120 - Tutor 17.3016000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.58 16030 - Counter Attendant 9.58 16040 - Dry Cleaner 11.26 16070 - Finisher, Flatwork, Machine 9.58 16090 - Presser, Hand 9.58 16110 - Presser, Machine, Dry cleaning 9.58 16130 - Presser, Machine, Shirts 9.58 16160 - Presser, Machine, Wearing Apparel, Laundry 9.58 16190 - Sewing Machine Operator 11.73 16220 - Tailor 12.20 16250 - Washer, Machine 10.1819000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 26.32 19040 - Tool And Die Maker 29.8421000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 18.06 21030 - Material Coordinator 21.75 21040 - Material Expediter 21.75 21050 - Material Handling Laborer 17.74 21071 - Order Filler 15.19 21080 - Production Line Worker (Food Processing) 18.06 21110 - Shipping Packer 14.98 21130 - Shipping/Receiving Clerk 13.91 21140 - Store Worker I 16.36 21150 - Stock Clerk 20.59 21210 - Tools And Parts Attendant 18.06 21410 - Warehouse Specialist 18.0623000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 29.37 23019 - Aircraft Logs and Records Technician 26.32 23021 - Aircraft Mechanic I 28.38 23022 - Aircraft Mechanic II 29.37 23023 - Aircraft Mechanic III 30.22 23040 - Aircraft Mechanic Helper 23.50 23050 - Aircraft, Painter 27.50 23060 - Aircraft Servicer 25.62 23070 - Aircraft Survival Flight Equipment Technician 27.50 23080 - Aircraft Worker 26.54 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 26.54 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 28.38 II 23110 - Appliance Mechanic 21.25 23120 - Bicycle Repairer 18.98 23125 - Cable Splicer 31.87 23130 - Carpenter, Maintenance 20.64 23140 - Carpet Layer 23.73 23160 - Electrician, Maintenance 27.39 23181 - Electronics Technician Maintenance I 24.45 23182 - Electronics Technician Maintenance II 25.32 23183 - Electronics Technician Maintenance III 26.22 23260 - Fabric Worker 22.88 23290 - Fire Alarm System Mechanic 22.43 23310 - Fire Extinguisher Repairer 21.90 23311 - Fuel Distribution System Mechanic 32.66 23312 - Fuel Distribution System Operator 25.28 23370 - General Maintenance Worker 20.01 23380 - Ground Support Equipment Mechanic 28.38 23381 - Ground Support Equipment Servicer 25.62 23382 - Ground Support Equipment Worker 26.54 23391 - Gunsmith I 21.90 23392 - Gunsmith II 23.73 23393 - Gunsmith III 25.48 23410 - Heating, Ventilation And Air-Conditioning 21.28 Mechanic 23411 - Heating, Ventilation And Air Conditioning 23.06 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 23.10 23440 - Heavy Equipment Operator 26.18 23460 - Instrument Mechanic 25.74 23465 - Laboratory/Shelter Mechanic 24.60 23470 - Laborer 13.61 23510 - Locksmith 20.64 23530 - Machinery Maintenance Mechanic 24.72 23550 - Machinist, Maintenance 21.28 23580 - Maintenance Trades Helper 18.51 23591 - Metrology Technician I 25.74 23592 - Metrology Technician II 26.65 23593 - Metrology Technician III 27.41 23640 - Millwright 32.96 23710 - Office Appliance Repairer 20.64 23760 - Painter, Maintenance 22.13 23790 - Pipefitter, Maintenance 26.76 23810 - Plumber, Maintenance 25.91 23820 - Pneudraulic Systems Mechanic 25.48 23850 - Rigger 25.48 23870 - Scale Mechanic 23.75 23890 - Sheet-Metal Worker, Maintenance 25.34 23910 - Small Engine Mechanic 19.86 23931 - Telecommunications Mechanic I 25.69 23932 - Telecommunications Mechanic II 26.60 23950 - Telephone Lineman 30.69 23960 - Welder, Combination, Maintenance 21.28 23965 - Well Driller 28.93 23970 - Woodcraft Worker 25.48 23980 - Woodworker 21.5424000 - Personal Needs Occupations 24550 - Case Manager 14.14 24570 - Child Care Attendant 10.03 24580 - Child Care Center Clerk 12.55 24610 - Chore Aide 10.64 24620 - Family Readiness And Support Services 14.14 Coordinator 24630 - Homemaker 14.2325000 - Plant And System Operations Occupations 25010 - Boiler Tender 23.57 25040 - Sewage Plant Operator 22.58 25070 - Stationary Engineer 23.57 25190 - Ventilation Equipment Tender 20.70 25210 - Water Treatment Plant Operator 22.5827000 - Protective Service Occupations 27004 - Alarm Monitor 20.23 27007 - Baggage Inspector 11.54 27008 - Corrections Officer 29.63 27010 - Court Security Officer 28.68 27030 - Detection Dog Handler 15.49 27040 - Detention Officer 29.63 27070 - Firefighter 26.16 27101 - Guard I 11.54 27102 - Guard II 15.49 27131 - Police Officer I 29.22 27132 - Police Officer II 32.4728000 - Recreation Occupations 28041 - Carnival Equipment Operator 11.12 28042 - Carnival Equipment Repairer 11.63 28043 - Carnival Worker 9.47 28210 - Gate Attendant/Gate Tender 12.14 28310 - Lifeguard 10.82 28350 - Park Attendant (Aide) 14.24 28510 - Recreation Aide/Health Facility Attendant 9.91 28515 - Recreation Specialist 15.66 28630 - Sports Official 11.34 28690 - Swimming Pool Operator 15.9729000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 24.42 29020 - Hatch Tender 24.42 29030 - Line Handler 24.42 29041 - Stevedore I 23.53 29042 - Stevedore II 25.2930000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 37.87 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 26.11 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.76 30021 - Archeological Technician I 18.65 30022 - Archeological Technician II 20.86 30023 - Archeological Technician III 25.84 30030 - Cartographic Technician 25.84 30040 - Civil Engineering Technician 25.55 30051 - Cryogenic Technician I 26.05 30052 - Cryogenic Technician II 28.77 30061 - Drafter/CAD Operator I 18.65 30062 - Drafter/CAD Operator II 20.86 30063 - Drafter/CAD Operator III 23.26 30064 - Drafter/CAD Operator IV 28.63 30081 - Engineering Technician I 19.15 30082 - Engineering Technician II 21.49 30083 - Engineering Technician III 24.04 30084 - Engineering Technician IV 29.79 30085 - Engineering Technician V 36.44 30086 - Engineering Technician VI 37.46 30090 - Environmental Technician 18.48 30095 - Evidence Control Specialist 23.52 30210 - Laboratory Technician 21.91 30221 - Latent Fingerprint Technician I 26.05 30222 - Latent Fingerprint Technician II 28.77 30240 - Mathematical Technician 25.84 30361 - Paralegal/Legal Assistant I 19.64 30362 - Paralegal/Legal Assistant II 24.33 30363 - Paralegal/Legal Assistant III 29.77 30364 - Paralegal/Legal Assistant IV 36.00 30375 - Petroleum Supply Specialist 30.83 30390 - Photo-Optics Technician 25.84 30395 - Radiation Control Technician 28.77 30461 - Technical Writer I 24.27 30462 - Technical Writer II 26.98 30463 - Technical Writer III 33.08 30491 - Unexploded Ordnance (UXO) Technician I 24.07 30492 - Unexploded Ordnance (UXO) Technician II 29.12 30493 - Unexploded Ordnance (UXO) Technician III 34.91 30494 - Unexploded (UXO) Safety Escort 24.07 30495 - Unexploded (UXO) Sweep Personnel 24.07 30501 - Weather Forecaster I 26.05 30502 - Weather Forecaster II 31.69 30620 - Weather Observer, Combined Upper Air Or (see 2) 23.26 Surface Programs 30621 - Weather Observer, Senior (see 2) 25.8431000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 29.12 31020 - Bus Aide 13.34 31030 - Bus Driver 16.73 31043 - Driver Courier 16.62 31260 - Parking and Lot Attendant 10.85 31290 - Shuttle Bus Driver 17.39 31310 - Taxi Driver 12.54 31361 - Truck driver, Light 17.39 31362 - Truck driver, Medium 20.24 31363 - Truck driver, Heavy 22.34 31364 - Truck driver, Tractor-Trailer 22.3499000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 14.20 99030 - Cashier 10.21 99050 - Desk Clerk 10.47 99095 - Embalmer 27.92 99130 - Flight Follower 24.07 99251 - Laboratory Animal Caretaker I 11.10 99252 - Laboratory Animal Caretaker II 11.61 99260 - Marketing Analyst 26.89 99310 - Mortician 27.92 99410 - Pest Controller 18.06 99510 - Photofinishing Worker 13.18 99710 - Recycling Laborer 19.83 99711 - Recycling Specialist 22.70 99730 - Refuse Collector 18.39 99810 - Sales Clerk 12.42 99820 - School Crossing Guard 10.81 99830 - Survey Party Chief 22.42 99831 - Surveying Aide 11.58 99832 - Surveying Technician 18.21 99840 - Vending Machine Attendant 14.77 99841 - Vending Machine Repairer 17.25 99842 - Vending Machine Repairer Helper 14.77____________________________________________________________________________________Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for FederalContractors, applies to all contracts subject to the Service Contract Act for whichthe 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 employeeswith 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paidsick leave each year. Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, including preventive care; toassist 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 forreasons resulting from, or to assist a family member (or person who is like familyto the employee) who is the victim of, domestic violence, sexual assault, orstalking. Additional information on contractor requirements and worker protectionsunder the EO is available at 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 monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 5 years, 4 weeks after 15 years, and 5 weeks after 25 years. Length of service includes the whole span of continuous service with the presentcontractor or successor, wherever employed, and with the predecessor contractors inthe 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, MartinLuther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day,Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, andChristmas Day. A contractor may substitute for any of the named holidays anotherday 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 doesnot 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. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) 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 occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations 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 theconformance procedures described in the conformance note included on this wagedetermination.Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications; (2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications; (3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand 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 yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium 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 consideredovertime work).HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employeesemployed in a position that represents a high degree of hazard when working with orin close proximity to ordnance, explosives, and incendiary materials. This includeswork such as screening, blending, dying, mixing, and pressing of sensitive ordnance,explosives, and pyrotechnic compositions such as lead azide, black powder andphotoflash powder. All dry-house activities involving propellants or explosives.Demilitarization, modification, renovation, demolition, and maintenance operationson sensitive ordnance, explosives and incendiary materials. All operationsinvolving re-grading and cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordnance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee 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. Alloperations involving, unloading, storage, and hauling of ordnance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordnance, 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 orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof the Government contract, by the contractor, by law, or by the nature of the work,there is no requirement that employees be reimbursed for uniform maintenance costs.The duties of employees under job titles listed are those described in the"Service Contract Act Directory of Occupations", Fifth Edition (Revision 1),dated September 2014, unless otherwise indicated.** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, StandardForm 1444 (SF-1444) **Conformance Process:The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination (See 29 CFR4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractorprior 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 finaldetermination of conformed classification, wage rate, and/or fringe benefits whichshall be paid to all employees performing in the classification from the first dayof work on which contract work is performed by them in the classification. Failureto pay such unlisted employees the compensation agreed upon by the interestedparties and/or fully determined by the Wage and Hour Division retroactive to thedate such class of employees commenced contract work shall be a violation of the Actand this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations areincluded in a contract, a separate SF-1444 should be prepared for each wagedetermination 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 conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in orderthe proposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation 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, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.5) The contracting officer transmits the Wage and Hour Division's decision to thecontractor.6) Each affected employee shall be furnished by the contractor with a written copyof such determination or it shall be posted as a part of the wage determination (See29 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 ofOccupations" should be used to compare job definitions to ensure that dutiesrequested are not performed by a classification already listed in the wagedetermination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination (See 29 CFR 4.152(c)(1)).D.8 WAGE DETERMINATION – MADISON COUNTYWD 15-4163 (Rev.-1) was first posted on on 02/28/2017************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-4163Daniel W. Simms Division of | Revision No.: 1Director Wage Determinations| Date Of Revision: 02/22/2017_______________________________________|____________________________________________Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 forcalendar year 2017 applies to all contracts subject to the Service ContractAct for which the contract is awarded (and any solicitation was issued) on orafter January 1, 2015. If this contract is covered by the EO, the contractormust pay all workers in any classification listed on this wage determinationat least $10.20 per hour (or the applicable wage rate listed on this wagedetermination, if it is higher) for all hours spent performing on the contractin calendar year 2017. The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections underthe EO is available at whd/govcontracts.____________________________________________________________________________________State: New YorkArea: New York Counties of Madison, Onondaga, Oswego____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.12 01012 - Accounting Clerk II 15.86 01013 - Accounting Clerk III 17.74 01020 - Administrative Assistant 21.43 01035 - Court Reporter 18.96 01041 - Customer Service Representative I 12.96 01042 - Customer Service Representative II 14.57 01043 - Customer Service Representative III 15.90 01051 - Data Entry Operator I 11.89 01052 - Data Entry Operator II 12.98 01060 - Dispatcher, Motor Vehicle 16.86 01070 - Document Preparation Clerk 12.14 01090 - Duplicating Machine Operator 12.14 01111 - General Clerk I 12.09 01112 - General Clerk II 13.20 01113 - General Clerk III 14.82 01120 - Housing Referral Assistant 18.42 01141 - Messenger Courier 11.72 01191 - Order Clerk I 13.12 01192 - Order Clerk II 14.32 01261 - Personnel Assistant (Employment) I 15.31 01262 - Personnel Assistant (Employment) II 17.12 01263 - Personnel Assistant (Employment) III 18.98 01270 - Production Control Clerk 20.65 01290 - Rental Clerk 12.13 01300 - Scheduler, Maintenance 14.78 01311 - Secretary I 14.78 01312 - Secretary II 16.53 01313 - Secretary III 18.42 01320 - Service Order Dispatcher 13.52 01410 - Supply Technician 21.43 01420 - Survey Worker 15.92 01460 - Switchboard Operator/Receptionist 12.42 01531 - Travel Clerk I 11.42 01532 - Travel Clerk II 12.32 01533 - Travel Clerk III 13.23 01611 - Word Processor I 13.52 01612 - Word Processor II 15.18 01613 - Word Processor III 16.9705000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 23.28 05010 - Automotive Electrician 18.24 05040 - Automotive Glass Installer 17.63 05070 - Automotive Worker 17.63 05110 - Mobile Equipment Servicer 16.32 05130 - Motor Equipment Metal Mechanic 18.96 05160 - Motor Equipment Metal Worker 17.63 05190 - Motor Vehicle Mechanic 17.25 05220 - Motor Vehicle Mechanic Helper 15.63 05250 - Motor Vehicle Upholstery Worker 16.95 05280 - Motor Vehicle Wrecker 17.63 05310 - Painter, Automotive 18.24 05340 - Radiator Repair Specialist 17.63 05370 - Tire Repairer 14.34 05400 - Transmission Repair Specialist 18.9607000 - Food Preparation And Service Occupations 07010 - Baker 12.16 07041 - Cook I 11.86 07042 - Cook II 13.27 07070 - Dishwasher 9.18 07130 - Food Service Worker 9.97 07210 - Meat Cutter 16.17 07260 - Waiter/Waitress 9.9909000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 18.28 09040 - Furniture Handler 13.59 09080 - Furniture Refinisher 18.28 09090 - Furniture Refinisher Helper 15.63 09110 - Furniture Repairer, Minor 16.95 09130 - Upholsterer 20.0911000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 10.11 11060 - Elevator Operator 11.12 11090 - Gardener 15.56 11122 - Housekeeping Aide 11.12 11150 - Janitor 11.12 11210 - Laborer, Grounds Maintenance 12.34 11240 - Maid or Houseman 9.99 11260 - Pruner 17.78 11270 - Tractor Operator 14.53 11330 - Trail Maintenance Worker 12.34 11360 - Window Cleaner 12.7712000 - Health Occupations 12010 - Ambulance Driver 15.13 12011 - Breath Alcohol Technician 16.22 12012 - Certified Occupational Therapist Assistant 19.20 12015 - Certified Physical Therapist Assistant 18.66 12020 - Dental Assistant 16.49 12025 - Dental Hygienist 29.17 12030 - EKG Technician 26.82 12035 - Electroneurodiagnostic Technologist 26.82 12040 - Emergency Medical Technician 15.13 12071 - Licensed Practical Nurse I 14.50 12072 - Licensed Practical Nurse II 16.22 12073 - Licensed Practical Nurse III 18.07 12100 - Medical Assistant 13.68 12130 - Medical Laboratory Technician 20.60 12160 - Medical Record Clerk 14.60 12190 - Medical Record Technician 16.34 12195 - Medical Transcriptionist 16.06 12210 - Nuclear Medicine Technologist 34.14 12221 - Nursing Assistant I 10.34 12222 - Nursing Assistant II 11.63 12223 - Nursing Assistant III 12.69 12224 - Nursing Assistant IV 14.25 12235 - Optical Dispenser 20.61 12236 - Optical Technician 14.38 12250 - Pharmacy Technician 13.77 12280 - Phlebotomist 14.25 12305 - Radiologic Technologist 27.71 12311 - Registered Nurse I 21.73 12312 - Registered Nurse II 26.58 12313 - Registered Nurse II, Specialist 26.58 12314 - Registered Nurse III 32.15 12315 - Registered Nurse III, Anesthetist 32.15 12316 - Registered Nurse IV 38.54 12317 - Scheduler (Drug and Alcohol Testing) 18.55 12320 - Substance Abuse Treatment Counselor 20.9213000 - Information And Arts Occupations 13011 - Exhibits Specialist I 20.26 13012 - Exhibits Specialist II 25.11 13013 - Exhibits Specialist III 30.72 13041 - Illustrator I 20.26 13042 - Illustrator II 25.11 13043 - Illustrator III 30.72 13047 - Librarian 27.81 13050 - Library Aide/Clerk 11.21 13054 - Library Information Technology Systems 25.10 Administrator 13058 - Library Technician 12.68 13061 - Media Specialist I 18.12 13062 - Media Specialist II 20.26 13063 - Media Specialist III 22.61 13071 - Photographer I 15.46 13072 - Photographer II 17.29 13073 - Photographer III 21.43 13074 - Photographer IV 26.21 13075 - Photographer V 31.71 13090 - Technical Order Library Clerk 15.74 13110 - Video Teleconference Technician 18.8914000 - Information Technology Occupations 14041 - Computer Operator I 14.77 14042 - Computer Operator II 16.52 14043 - Computer Operator III 18.43 14044 - Computer Operator IV 23.63 14045 - Computer Operator V 27.62 14071 - Computer Programmer I (see 1) 20.57 14072 - Computer Programmer II (see 1) 24.53 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 14.77 14160 - Personal Computer Support Technician 24.05 14170 - System Support Specialist 30.2615000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 28.19 15020 - Aircrew Training Devices Instructor (Rated) 34.10 15030 - Air Crew Training Devices Instructor (Pilot) 40.87 15050 - Computer Based Training Specialist / Instructor 28.19 15060 - Educational Technologist 28.98 15070 - Flight Instructor (Pilot) 40.87 15080 - Graphic Artist 22.64 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 40.87 15086 - Maintenance Test Pilot, Rotary Wing 40.87 15088 - Non-Maintenance Test/Co-Pilot 40.87 15090 - Technical Instructor 21.63 15095 - Technical Instructor/Course Developer 26.47 15110 - Test Proctor 17.46 15120 - Tutor 17.4616000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.39 16030 - Counter Attendant 9.39 16040 - Dry Cleaner 10.90 16070 - Finisher, Flatwork, Machine 9.49 16090 - Presser, Hand 9.49 16110 - Presser, Machine, Dry cleaning 9.49 16130 - Presser, Machine, Shirts 9.49 16160 - Presser, Machine, Wearing Apparel, Laundry 9.49 16190 - Sewing Machine Operator 11.55 16220 - Tailor 12.20 16250 - Washer, Machine 9.8619000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 21.34 19040 - Tool And Die Maker 23.7121000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 16.23 21030 - Material Coordinator 20.65 21040 - Material Expediter 20.65 21050 - Material Handling Laborer 14.00 21071 - Order Filler 10.91 21080 - Production Line Worker (Food Processing) 16.23 21110 - Shipping Packer 14.63 21130 - Shipping/Receiving Clerk 14.63 21140 - Store Worker I 13.74 21150 - Stock Clerk 18.20 21210 - Tools And Parts Attendant 16.23 21410 - Warehouse Specialist 16.2323000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 28.40 23019 - Aircraft Logs and Records Technician 23.80 23021 - Aircraft Mechanic I 27.37 23022 - Aircraft Mechanic II 28.40 23023 - Aircraft Mechanic III 29.51 23040 - Aircraft Mechanic Helper 21.02 23050 - Aircraft, Painter 24.82 23060 - Aircraft Servicer 23.80 23070 - Aircraft Survival Flight Equipment Technician 24.82 23080 - Aircraft Worker 24.71 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 24.71 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 27.37 II 23110 - Appliance Mechanic 20.06 23120 - Bicycle Repairer 15.77 23125 - Cable Splicer 32.34 23130 - Carpenter, Maintenance 19.98 23140 - Carpet Layer 21.64 23160 - Electrician, Maintenance 25.57 23181 - Electronics Technician Maintenance I 24.02 23182 - Electronics Technician Maintenance II 25.84 23183 - Electronics Technician Maintenance III 27.04 23260 - Fabric Worker 20.52 23290 - Fire Alarm System Mechanic 22.23 23310 - Fire Extinguisher Repairer 19.50 23311 - Fuel Distribution System Mechanic 30.93 23312 - Fuel Distribution System Operator 25.56 23370 - General Maintenance Worker 17.66 23380 - Ground Support Equipment Mechanic 27.37 23381 - Ground Support Equipment Servicer 22.68 23382 - Ground Support Equipment Worker 23.86 23391 - Gunsmith I 19.50 23392 - Gunsmith II 21.81 23393 - Gunsmith III 23.35 23410 - Heating, Ventilation And Air-Conditioning 21.37 Mechanic 23411 - Heating, Ventilation And Air Conditioning 22.18 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 21.16 23440 - Heavy Equipment Operator 26.28 23460 - Instrument Mechanic 23.35 23465 - Laboratory/Shelter Mechanic 22.63 23470 - Laborer 12.74 23510 - Locksmith 22.41 23530 - Machinery Maintenance Mechanic 22.07 23550 - Machinist, Maintenance 18.90 23580 - Maintenance Trades Helper 16.93 23591 - Metrology Technician I 23.35 23592 - Metrology Technician II 24.29 23593 - Metrology Technician III 25.12 23640 - Millwright 22.77 23710 - Office Appliance Repairer 20.82 23760 - Painter, Maintenance 18.10 23790 - Pipefitter, Maintenance 27.88 23810 - Plumber, Maintenance 23.39 23820 - Pneudraulic Systems Mechanic 23.35 23850 - Rigger 23.35 23870 - Scale Mechanic 22.90 23890 - Sheet-Metal Worker, Maintenance 22.94 23910 - Small Engine Mechanic 19.26 23931 - Telecommunications Mechanic I 26.63 23932 - Telecommunications Mechanic II 27.65 23950 - Telephone Lineman 25.89 23960 - Welder, Combination, Maintenance 19.04 23965 - Well Driller 23.35 23970 - Woodcraft Worker 23.35 23980 - Woodworker 17.9524000 - Personal Needs Occupations 24550 - Case Manager 14.52 24570 - Child Care Attendant 10.17 24580 - Child Care Center Clerk 12.68 24610 - Chore Aide 10.73 24620 - Family Readiness And Support Services 14.52 Coordinator 24630 - Homemaker 14.5225000 - Plant And System Operations Occupations 25010 - Boiler Tender 26.83 25040 - Sewage Plant Operator 20.39 25070 - Stationary Engineer 26.83 25190 - Ventilation Equipment Tender 20.59 25210 - Water Treatment Plant Operator 20.1127000 - Protective Service Occupations 27004 - Alarm Monitor 18.16 27007 - Baggage Inspector 14.00 27008 - Corrections Officer 24.13 27010 - Court Security Officer 23.91 27030 - Detection Dog Handler 16.29 27040 - Detention Officer 24.13 27070 - Firefighter 23.44 27101 - Guard I 14.00 27102 - Guard II 16.29 27131 - Police Officer I 24.64 27132 - Police Officer II 27.3728000 - Recreation Occupations 28041 - Carnival Equipment Operator 12.16 28042 - Carnival Equipment Repairer 12.54 28043 - Carnival Worker 9.45 28210 - Gate Attendant/Gate Tender 13.80 28310 - Lifeguard 11.01 28350 - Park Attendant (Aide) 15.44 28510 - Recreation Aide/Health Facility Attendant 11.27 28515 - Recreation Specialist 19.13 28630 - Sports Official 12.29 28690 - Swimming Pool Operator 18.6229000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 26.49 29020 - Hatch Tender 26.49 29030 - Line Handler 26.49 29041 - Stevedore I 23.16 29042 - Stevedore II 27.4830000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 37.52 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 25.87 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.49 30021 - Archeological Technician I 16.84 30022 - Archeological Technician II 18.78 30023 - Archeological Technician III 23.34 30030 - Cartographic Technician 24.72 30040 - Civil Engineering Technician 23.72 30051 - Cryogenic Technician I 27.38 30052 - Cryogenic Technician II 30.25 30061 - Drafter/CAD Operator I 17.84 30062 - Drafter/CAD Operator II 19.96 30063 - Drafter/CAD Operator III 22.24 30064 - Drafter/CAD Operator IV 27.38 30081 - Engineering Technician I 14.27 30082 - Engineering Technician II 16.02 30083 - Engineering Technician III 18.70 30084 - Engineering Technician IV 22.20 30085 - Engineering Technician V 27.16 30086 - Engineering Technician VI 32.86 30090 - Environmental Technician 19.67 30095 - Evidence Control Specialist 24.72 30210 - Laboratory Technician 18.24 30221 - Latent Fingerprint Technician I 27.38 30222 - Latent Fingerprint Technician II 30.25 30240 - Mathematical Technician 24.72 30361 - Paralegal/Legal Assistant I 17.28 30362 - Paralegal/Legal Assistant II 21.92 30363 - Paralegal/Legal Assistant III 26.81 30364 - Paralegal/Legal Assistant IV 32.44 30375 - Petroleum Supply Specialist 30.25 30390 - Photo-Optics Technician 24.72 30395 - Radiation Control Technician 30.25 30461 - Technical Writer I 23.24 30462 - Technical Writer II 28.44 30463 - Technical Writer III 34.40 30491 - Unexploded Ordnance (UXO) Technician I 23.85 30492 - Unexploded Ordnance (UXO) Technician II 28.85 30493 - Unexploded Ordnance (UXO) Technician III 34.58 30494 - Unexploded (UXO) Safety Escort 23.85 30495 - Unexploded (UXO) Sweep Personnel 23.85 30501 - Weather Forecaster I 27.38 30502 - Weather Forecaster II 33.30 30620 - Weather Observer, Combined Upper Air Or (see 2) 22.24 Surface Programs 30621 - Weather Observer, Senior (see 2) 24.7231000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 28.85 31020 - Bus Aide 11.70 31030 - Bus Driver 15.62 31043 - Driver Courier 13.06 31260 - Parking and Lot Attendant 9.46 31290 - Shuttle Bus Driver 14.05 31310 - Taxi Driver 11.00 31361 - Truck driver, Light 14.05 31362 - Truck driver, Medium 17.61 31363 - Truck driver, Heavy 19.45 31364 - Truck driver, Tractor-Trailer 19.4599000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 14.07 99030 - Cashier 9.24 99050 - Desk Clerk 10.17 99095 - Embalmer 27.29 99130 - Flight Follower 23.85 99251 - Laboratory Animal Caretaker I 11.73 99252 - Laboratory Animal Caretaker II 12.62 99260 - Marketing Analyst 29.19 99310 - Mortician 27.29 99410 - Pest Controller 15.84 99510 - Photofinishing Worker 12.67 99710 - Recycling Laborer 16.40 99711 - Recycling Specialist 19.32 99730 - Refuse Collector 14.94 99810 - Sales Clerk 11.34 99820 - School Crossing Guard 9.90 99830 - Survey Party Chief 22.03 99831 - Surveying Aide 13.85 99832 - Surveying Technician 18.95 99840 - Vending Machine Attendant 14.59 99841 - Vending Machine Repairer 16.62 99842 - Vending Machine Repairer Helper 14.59____________________________________________________________________________________Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for FederalContractors, applies to all contracts subject to the Service Contract Act for whichthe 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 employeeswith 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paidsick leave each year. Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, including preventive care; toassist 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 forreasons resulting from, or to assist a family member (or person who is like familyto the employee) who is the victim of, domestic violence, sexual assault, orstalking. Additional information on contractor requirements and worker protectionsunder the EO is available at 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 monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 8 years, 4 weeks after 15 years, and 5 weeks after 25 years. Length of service includes the whole span of continuous service with the presentcontractor or successor, wherever employed, and with the predecessor contractors inthe 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, MartinLuther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day,Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, andChristmas Day. A contractor may substitute for any of the named holidays anotherday 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 doesnot 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. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) 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 occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations 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 theconformance procedures described in the conformance note included on this wagedetermination.Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications; (2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications; (3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand 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 yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium 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 consideredovertime work).** HAZARDOUS PAY DIFFERENTIAL **An 8 percent differential is applicable to employees employed in a position thatrepresents a high degree of hazard when working with or in close proximity toordnance, explosives, and incendiary materials. This includes work such asscreening, 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 sensitiveordnance, explosives and incendiary materials. All operations involving re-gradingand cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordnance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee 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. Alloperations involving, unloading, storage, and hauling of ordnance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordnance, 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 orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof 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, StandardForm 1444 (SF-1444) **Conformance Process:The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination (See 29 CFR4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractorprior 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 finaldetermination of conformed classification, wage rate, and/or fringe benefits whichshall be paid to all employees performing in the classification from the first dayof work on which contract work is performed by them in the classification. Failureto pay such unlisted employees the compensation agreed upon by the interestedparties and/or fully determined by the Wage and Hour Division retroactive to thedate such class of employees commenced contract work shall be a violation of the Actand this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations areincluded in a contract, a separate SF-1444 should be prepared for each wagedetermination 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 conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in orderthe proposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation 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, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.5) The contracting officer transmits the Wage and Hour Division's decision to thecontractor.6) Each affected employee shall be furnished by the contractor with a written copyof such determination or it shall be posted as a part of the wage determination (See29 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 ofOccupations" should be used to compare job definitions to ensure that dutiesrequested are not performed by a classification already listed in the wagedetermination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination (See 29 CFR 4.152(c)(1)).See attached document: D9 - Exclusionary Review Form.See attached document: D10 - INSPECTION CRITERIA.See attached document: D11 - PAST PERFORMANCE.See attached document: D12 - WAIVER.SECTION E - SOLICITATION PROVISIONSE.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and— (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (); (ii) Quick Search (); (iii) (). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by? (i) Using the ASSIST Shopping Wizard (); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at for establishing the unique entity identifier. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, 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 SAM database accessed through . (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision)ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:This is a competitive request for proposals (RFP) that follows the Best Value – Lowest Price Technically Acceptable source selection process outlined in FAR Part 12 and 15. Award(s) will be made to the Lowest Price Technically Acceptable for proposals meeting or exceeding the acceptability standards for all non-cost factors in the following New York State Counties and quantities:Albany County, New York (2)Bronx County, New York (1)Cayuga County, New York (1)Columbia County, New York (1)Dutchess County, New York (1)Erie County, New York (3)Kings County, New York (1)Madison County, New York (1)Rensselaer County, New York (1)Saratoga County, New York (1)The Offeror agrees to hold the prices in its offer firm for 365 days from the date specified for receipt of offers.All proposals should be submitted via e-mail to: Heather.Schrader@ E.2 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017) (a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror. (b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.(End of Provision)E.3 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that— (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.(End of Provision)E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via (see 52.204-7).(End of Provision)E.5 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Fixed-Price with Economic Price Adjustment, Indefinite Quantity contract resulting from this solicitation.(End of Provision)E.6 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:Hand-Carried Address:Department of Veterans AffairsNetwork Contracting Activity400 Fort Hill Ave.Canandaigua NY 14424Mailing Address:Department of Veterans AffairsNetwork Contracting Activity400 Fort Hill Ave.Canandaigua NY 14424(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 20420E.9 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.](End of Provision)E.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.(End of Provision)E.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): (End of Provision)FAR NumberTitleDate52.216-27SINGLE OR MULTIPLE AWARDSOCT 199552.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTINGJUL 2016(End of Addendum to 52.212-1)E.12 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical Capability Inspection Past Performance Price Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).Evaluations of Options (July 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. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).” (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.(End of Provision)Proposals should be submitted via e-mail to: Heather.Schrader@. FACTOR 1: Technical Capability – Technical capability to meet the Government’s requirements:Regulatory and Compliance. Nursing home facility will meet all Federal and State regulatory requirements and industry practices, as applicable, and be in compliance with such regulations and standards. Facility is in compliance with most recent standards of Life Safety Standards – National Fire Protection Association Standard and applicable Federal, State and local regulations.Facility must present proof that it is 100% sprinkled.Facility has current Center for Medicare and Medicaid Services (CMS) certification (Medicare and/or Medicaid) and State license. Facility has Medical Liability Insurance/Professional Liability Insurance at the minimum level as required by the State and VAAR 852.237-7, Indemnification and Medical Liability.Facility meets at least three of the seven “VHA Exclusionary Criteria” related to VA quality of care standards as outlined in the latest VHA GEC Program Guidance as evidenced by the latest CMS survey.*Note: For the following state averages, see the Nursing Home Compare website: **Note: For facilities that fail four (or more) of the exclusionary criteria, VISN 2 has established a waiver review process. A waiver may be sought under certain circumstances, including but not limited to: facilities in geographic/rural areas with scarce resources, facilities with specialized services, successful past performance, existing veteran patients, etc.About F-Tags: the Center for Medicare and Medicaid Services (CMS) uses an alphabet/numeric designation for?each nursing home Standard called an “F-Tag” (eg: F221). “F” pertains to the section of the federal regulations where national nursing home standards are delineated and each Standard is tagged (assigned) a unique number. Typically, State teams conduct annual surveys of CNHs to determine compliance with these Standards. Deficient F-Tags are cited on Form CMS-2567 “Statement of Deficiencies and Plan of Correction”. Each deficient F-Tag is also given a Scope and Severity rating that ranges from “A” up to the worst “L”. The deficiencies found on each CNH are listed online at: nursinghomecompare Deficiencies – Scope & Severity: Standard: CNH fails this criterion when there is three or more level G - L deficient standards in the current State Survey and subsequent findings as shown in Nursing Home Compare. (Note that G- L deficiencies are equivalent to a Nursing Home Compare “Level of Harm” of 3 or 4.)Health Requirement Deficiencies: Standard: CNH fails this criterion when “Total number of Health Deficiencies” is equal to or greater than twice the State average as reported in Nursing Home Compare for the current annual State Survey and subsequent findings as shown in Nursing Home Compare.Staff Treatment of Residents & Facility Licensure: Standard: CNH fails this criterion when there are one or more E-L deficiencies in the current State Survey and subsequent findings as shown in Nursing Home Compare. (Note that deficiencies rated E-F in Scope and Severity is equivalent to Nursing Home Compare “Level of Harm” of 2 with “Some” or “Many” Residents Affected; and Scope and Severity G-L deficiencies are equivalent to a Nursing Home Compare “Level of Harm” of 3 or 4.)RN Hours: Standard: CNH fails this criterion when “RN Hours per Resident per Day” are below State average. Use Nursing Home Compare information only. Total Nursing Staff: Standard: CNH fails this criterion when “Total number of nurse staff hours per resident per day” are below State average. Use Nursing Home Compare information only.Staffing Deficiencies: Standard: CNH fails this criterion when there is one or more F-Tag deficiencies rated as E – L in the current State Survey and subsequent findings as shown in Nursing Home Compare. (Note that Scope and Severity deficiencies rated E-F are equivalent to Nursing Home Compare “Level of Harm” of 2 with “Some” or “Many” Residents Affected, and Scope and Severity G-L deficiencies are equivalent to a Nursing Home Compare “Level of Harm” of 3 or 4.)Quality Measures: Standard: CNH fails this criterion when EIGHT or more of the CMS Quality Measures listed in Nursing Home Compare are worse than the State average. (Note: six QMs were added to Nursing Home Compare in spring of 2016)Quality Control. Facility can demonstrate its latest plan of correction is approved by the state for any deficiencies.Facility can show upon request evidence that its latest plan of correction is approved by the State for any pending deficiencies.FACTOR 2: Inspection. If the facility is determined by evaluators to be Technically Capable (Factor 1), then VA will perform a site inspection. If the evaluators determine that a facility is not Technically Capable (Factor 1), the contractor will be notified. The inspection process will determine whether the facility is acceptable or unacceptable to the VA based on the following:VA/Veteran Patient Record Identifying informationInterdisciplinary patient assessmentInterdisciplinary patient care planProgress notes reflect patient goalsPatient care plan for each Veteran patientPatient care plan updated quarterlyPatient goals identified and updatedHistory & physicalOngoing MD reviewEvidence of Adequate Patient Care within FacilityAdequate personal hygiene and dressProgram to reduce immobilityProgram to reduce incontinenceSafety/Risk Management ProgramCall light accessibleComfort/Pain Management adequateAdequate nutrition/hydrationRestorative nursing programMedication documentation reflects effectivenessQuality of LifePrivacy provided for each patientInnovative patient activity programsAccess to outside grounds (if appropriate)Diversion activities involving community interactionResident council and patient/family advocacyStaff/patient interactionAdequate space per patientRestraint-free environment promotedPatient satisfaction programQuality ImprovementQuality Improvement Plan is available that include Clinical Indicators (i.e. development of decubitus ulcers, falls, medications etc.)Quality Improvement data is routinely forwarded to CNH Coordinator for the siteQuality Improvement Data is shared with Leadership at the CNH facilityQuality Care issues are documented/evaluated on VA/Veteran patients re-admitted to VHA from the CNHclinical staffCurrent licenses availablePolicies and procedures are availableOngoing training and education providedJob descriptions and competencies availableAge-specific orientation programAdequate staffing patternIn addition to the above, the facility must also meet all National Fire Protection Agency (NFPA) inspection criteria in order to be eligible for award.FACTOR 3: Past Performance Evaluation. Past performance is one indicator of an offeror’s ability to perform the contract successfully. Proposals that lack any past performance will receive a neutral rating. Past performance shall consist of: a) If you are an incumbent VA-contracted facility, your previous performance under the VA Basic Ordering Agreement (BOA) or other contract vehicle; b) Your nursing home’s most recent State inspection report including Statement of Deficiencies and Plan of Correction; c) VA requires nursing homes with a Medicare Star rating of at least 3 as found on the Nursing Home Compare website. Exceptions may be considered for those facilities located in geographically-isolated/rural areas/difficult to place patients/specialty units, etc. FACTOR 4: Price Evaluation. Price proposals will be evaluated by the Contracting Officer. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that are not technically acceptable cannot be selected regardless of price.E.13 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JAN 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) 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 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; (3) 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); (4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (5) 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 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 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 SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website access through . After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] 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. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that— (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246— (1) Previous contracts and compliance. The offeror represents that— (i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that— (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.” (2) Foreign End Products: Line Item No Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No. __________________________________________ __________________________________________ __________________________________________[List as necessary] (3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 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 Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements”. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals— (1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 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. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 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. Sec. 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). (1) Listed end products.Listed End ProductListed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) __ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [] (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@. (2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror— (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 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 ). (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 sections 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 an 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 , 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 less than $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:_____. (u)(1) In accordance with 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), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).(End of Provision) ................
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