SECTION B - CONTINUATION OF SF 1449 BLOCKS



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 ITEMS81VA256-15-Q-108609-04-2015Monica Gary918-577-385509-22-201510:00 AM (CT)623/90cDepartment of Veterans AffairsNetwork Contracting Office 161011 Honor Heights DriveMuskogee OK 74401-1318X100X561730$7.5 MillionN/AX635/138Department of Veterans AffairsOklahoma City VA Health Care SystemRefer: Delivery Schedule for LocationsOklahoma OK 74401-1318623/90cDepartment of Veterans AffairsNetwork Contracting Office 161011 Honor Heights DriveMuskogee OK 74401-1318 623/04Department of Veterans AffairsFinancial Services CenterPO Box 149971Austin TX 78714-9971See CONTINUATION PageRefer: Instructions in Section E for how to submit a quoteNOTE: please use obligation/PO number [updated upon award]on all invoices, shipments and correspondence to ensureprompt payment.See CONTINUATION PageXXXXXXX1Monica GaryTable of Contents TOC \o &quot;1-4&quot; \f \h \z \u \x SECTION A PAGEREF _Toc429090246 \h 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc429090247 \h 1SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc429090248 \h 4B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc429090249 \h 4B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc429090250 \h 5B.3 Contractor Performance Assessments (CPARS) PAGEREF _Toc429090251 \h 5B.4 Price/Cost Schedule PAGEREF _Toc429090252 \h 6Item Information PAGEREF _Toc429090253 \h 6B.5 Performance Work Statement (PWS) PAGEREF _Toc429090254 \h 7B.6 Quality Assurance Surveillance Plan (QASP) PAGEREF _Toc429090270 \h 1SECTION C - CONTRACT CLAUSES PAGEREF _Toc429090271 \h 12C.1 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) PAGEREF _Toc429090272 \h 12C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) PAGEREF _Toc429090273 \h 13C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc429090274 \h 13C.4 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc429090275 \h 13C.5 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) PAGEREF _Toc429090276 \h 14C.6 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) PAGEREF _Toc429090277 \h 14C.7 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) PAGEREF _Toc429090278 \h 16C.8 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) PAGEREF _Toc429090279 \h 16C.9 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) PAGEREF _Toc429090280 \h 16C.10 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008) PAGEREF _Toc429090281 \h 17C.11 SUPPLEMENTAL INSURANCE REQUIREMENTS PAGEREF _Toc429090282 \h 18C.12 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) PAGEREF _Toc429090283 \h 18C.13 52.232-18 AVAILABILITY OF FUNDS (APR 1984) PAGEREF _Toc429090284 \h 18C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2015) PAGEREF _Toc429090285 \h 19C.15 52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014) PAGEREF _Toc429090286 \h 24C.16 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc429090287 \h 27SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc429090288 \h 28D.1 Wage Determination (WD) PAGEREF _Toc429090289 \h 28D.2 Past Performance Questionnaire PAGEREF _Toc429090290 \h 38SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc429090294 \h 42E.2 ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) PAGEREF _Toc429090295 \h 42E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (APR 2014) PAGEREF _Toc429090296 \h 44E.4 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc429090297 \h 47E.6 52.237-1 SITE VISIT (APR 1984) PAGEREF _Toc429090298 \h 48E.7 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) PAGEREF _Toc429090299 \h 49E.8 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc429090300 \h 49E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc429090301 \h 49E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2015) PAGEREF _Toc429090302 \h 50SECTION B - CONTINUATION OF SF 1449 BLOCKSB.1 CONTRACT ADMINISTRATION DATA(continuation from Standard Form 1449, block 18A.) 1. Contract Administration: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: b. GOVERNMENT: Contracting Officer 00256 Department of Veterans AffairsNetwork Contracting Office 161011 Honor Heights DriveMuskogee OK 74401-1318 2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:[X]52.232-34, Payment by Electronic Funds Transfer—Other Than System For Award Management, or[]52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[] b. Semi-Annually[] c. Other[x] monthly after satisfactory services received by the VA 4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.Department of Veterans AffairsFinancial Services CenterPO Box 149971Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:AMENDMENT NODATEB.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. 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.(End of Clause)B.3 Contractor Performance Assessments (CPARS)REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)a. As prescribed in Federal Acquisition Regulation (FAR) Part 42.1502 and 42.1503, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $100,000. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing.To fulfill this requirement VA uses an online database, Contractor Performance Assessment Reporting System (CPARS), which is maintained by the Naval Sea Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the Federal Awardee Performance and Integrity Information System (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.b. The Contractor will have an opportunity to review their ratings/comments, under the step “Contractor Comments” in CPARS.? You will be notified via email by the CPARS system to review the report and provide comments. Each contractor whose contract award is estimated to exceed $100,000 may register with CPARS database at the following web address: in order to review the past performance evaluations. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207- 438-1690. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the Contractor's registered representative.B.4 Price/Cost ScheduleItem InformationITEM NUMBERDESCRIPTION OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT0001AGrounds Maintenance at OKCVAMC, non-personal services per PWS.Period of Performance:10-05-2015 to 10-31-2015 (4 weeks)and02-28-2016 to 10-01-2016 (31 weeks)35.00WK____________________________________0001BGrounds Housekeeping at OKCVAMC, non-personal services per PWS.Period of Performance: 10-04-2015 to 10-01-201652.00WK____________________________________0002AGrounds Maintenance at North May Clinic, non-personal services per PWS.Period of Performance:10-05-2015 to 10-31-2015 (4 weeks)and02-28-2016 to 10-01-2016 (31 weeks)35.00WK____________________________________0002BGrounds Housekeeping at North May Clinic, non-personal services per PWS.Period of Performance: 10-04-2015 to 10-01-201652.00WK____________________________________GRAND TOTAL__________________ B.5 Performance Work Statement (PWS)GROUND MAINTENANCE SERVICES including GROUNDS HOUSEKEEPING SERVICESDepartment of Veterans Affairs (VA)Veterans Health Administration (VHA)Oklahoma City VA Health Care System (OKCVHS)PURPOSEOklahoma City VA Health Care System (OKCVHS) requires contracted Grounds Maintenance Services, including Grounds Housekeeping, with the intent of ensuring the grounds are Well-manicured, Clean and Safe throughout the areas identified in this PWS, contributing to a Visual and Aesthetic Appeal, for all VA Medical Center visitors and staff, whilst ensuring cost effectiveness and service efficiency and in support of the VA Mission. All services will be performed at the Locations and during the periods of performance per each location.Location(s): Refer also to Price/Cost Schedule of the contract.Oklahoma City VA Medical Center (OKCVAMC), 921 NE 13th Street, OKLAHOMA CITY, OK 73104North May Clinic, 2915 Pine Ridge Ave, OKLAHOMA CITY, OK 73130Period of Performance: Refer to Price/Cost Schedule of the contract.The Contractor shall furnish all contract oversight, management, Technically Trained personnel, uniforms, equipment, tool, materials, supplies, storage, insurances and transportations necessary to provide commercial Grounds Maintenance Services for OKCVHS in accordance with this PWS. This is a non-personal services contract. The Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose of fulfilling the PWS and shall be considered employees of the Contractor.BackgroundGrounds maintenance, in general, at Oklahoma City VA Health Care System has been performed by contractors. Details of the former contract, VA25612C0249, can be viewed on (Federal Procurement Data System) . Additional seasonal services, such as snow removal and ice prevention, have been performed by VA staff and will continue unchanged.TASKS AND REQUIREMENTSThe Oklahoma City VA Health Care System is approximately fourteen acre campus. Contractor must ensure each Requirement and each Desired Outcome listed in this PWS is satisfied and that Constraints are honored and respected. If the contractor has any conflicts or challenges with these they should consult the COR or CO.REQUIREMENTDESIRED OUTCOMECONSTRAINTSGROUNDS MAINTENANCEMowingLawns must remain healthy with a green appearance providing Visual and Aesthetic Appeal, remaining 3 inches during the growing season, and consideration given to seasonal climate changes. Lawns must also be maintained at a height of 3 inches during growing season (April through October), on a weekly basis, as a minimum, and every other week during inclement weather involving long periods of rainCHEMICLES - pre-emergent for the prevention of crabgrass must be in accordance with VA allowable chemicals GRASS CLIPPINGS AND DEBRIS from leaf blowing must not be blown onto carsTurf must be maintained in a green condition throughout the year (with exclusion to the snow season) without holes or brown patches Bruising, scalping or rough cutting of turf is not permitted. All grass clippings shall be removed or mulched to show no visible signs. Care shall be taken to avoid damage to tree trunks, shrubs, sprinklers and other structures when trimming. All damages shall be reported to the COR, and the Contractor shall promptly make the necessary repairs at no cost to the VA. To ensure the lawns meet the Desired Outcome in this PWS, the contractor may consider the following at their discretion:Use of hoses and portable sprinklers to supplement the existing sprinkler system where necessary Aerating, reseeding or removing and replacing turf, as necessary, during the year as a result of bare, dead or unhealthy turfPerforming thatch removal, as necessaryLawn EdgingLawn edges must be maintained to reveal clean, crisp lawn lines on and around edges bordering streets, curbs, walkways, tree wells, trees and shrub beds on a weekly basis, as a minimum, and every other week during inclement weather involving long periods of rainAll edges shall be trimmed after each mowing to include cutting all grasses along walls, fences, poles, guy wires and edging all grasses along curbs, sidewalks, mowing strips or any other objects within or immediately adjacent to turf areas. Landscape MaintenanceBedding area items must be replaced as needed when original planted items can no longer serve their intended purpose, for example, due to disease or frost. The COR must be approve each replacement before the contractor makes replacement.Plant Maintenance and PruningPlants must remain healthy with a Visual and Aesthetic Appeal and consideration given to seasonal climate changes. For the purpose of achieving this outcome, fertilization of all plant materials and trees is at the discretion of the contractor.Tree Trimming/Branch Removal and PruningAll trees must be free from dead limbs and trimmed. TREE TRIMMING AND PRUNING - performed in accordance with techniques and methods common to the industry. Signs and road blocks must be implemented as necessary to maintain safety for pedestrians and vehicles. The latter must be coordinated with the COR at least 48 hours in advance of service.Dead limbs must be trimmed to trunk and dead limbs discarded. Tree trimmings shall be to a length that is safe and uniform in appearance but not cropped short.Plants pruned improperly or damaged shall be replaced by the Contractor, at no cost to the VA, with plants of the same appropriate type and size. Replacement plants must be approved by the COR at least 48 hours in advance.Excessive pruning or stubbing back shall not be permitted, unless Contractor has received prior approval from the COR.Pruning cuts shall be made cleanly, in one plane, and with no tearing of the bark.Stockpiling of debris on site is not allowed.Contractor shall be responsible for removing damaged, broken or dying tree limbs below fourteen (14) feet, trimming for vertical clearance up to fourteen (14) feet and structural trimming of trees that are less than fourteen (14) feet in height.All trees shall be trimmed to meet the minimum safety clearance of:Fourteen (14) feet over streetsTwelve (12) feet over driveways and parking lotsEight (8) feet over pedestrian walkway and circulation areasFour (4) feet over buildingsOne (1) foot from buildingsContractor shall be responsible for the identification of trees requiring pruning / trimming.Any tree damaged above fourteen (14) feet shall be reported in writing to the Contracting Officer’s Representative. Tree branches growing against electrical and mechanical equipment, building windows and doorways, and / or laying over one story building roofs and gutter shall be reported in writing to the Contracting Officer’s Representative.All shrubs and vines shall be pruned to correspond to and enhance their natural form and flowering habit. Shrubs and vines shall be pruned often enough to maintain the optimum size and conformation, to provide adequate clearance and visibility and to maintain walkways free from obstructions.Shrubs shall be pruned using selective cut to lateral branches, or to the point of origin (thinning cuts). Shrubs shall not be sheared or hedged unless specifically required by the CORKeep shrubs one (1) foot off face of building where necessary. Maintain a clearance of two (2) feet off face of building where a mow band occur. Bush, shrub and hedge Trimming and PruningMust be free of dead branches, leaves and weed growth, and be neat and healthy in appearance, and must not obstruct access on walkways.Leaf RemovalGrounds must be free of leaf build-up.WeedingFlower beds and turf must be weed freePlant weed and disease controlLandscape (including mulch areas and turf areas) and hardscape shall be free of weeds. Contractor must also take measures to prevent crabgrass. Other plants must remain free of damage during and after performance of this requirement.No weeds taller or wider than four (4) inches are allowed in any of the serviced areas.Pest ControlPests include bag worms which infect and consume tree limbs, gophers, moles and other pests which destroy the turf, grounds, shrub areas and plant beds causing soil and turf to break and concave. Trees, turf, grounds, shrub areas and plant beds are to be free of pests. Turf is to remain even, with no holes, no weakened soil areas and strong to the step, remaining safe for pedestrians. Soil tamping and re-turfing or reseeding is acceptable and encouraged. Elimination of food source through use of pesticides is also acceptable.Refer to section on Safety and Chemicals GROUNDS HOUSEKEEPINGGrounds HousekeepingAll trash cans and smoking dispensers will be emptied and the area surrounding will be kept clean and neat in appearance. Metal and plastic liners inside the exterior trash receptacles shall be remain free of build-up and washed to prevent accumulation of wastes, prevent unpleasant odors as well as pests and rodents. Receptacles shall not be allowed to overflow. This will also include sweeping and removing any debris from these areas, at least twice per week during standard business hours, from 2 assigned locations and each of the 3 Medical Center entrance locations. (Yellow team – 2 trash, 5 smoking receptacles, Canteen – 4 trash, 7 smoking receptacles, entrances have a total combined 2 smoking receptacles and 6 trash). Contractor shall supply trash bags and cigarette extinguishing medium for trash receptacles and smoking containers, respectively. Drain CleaningDrains and gutters on the grounds must be free of leaf build-up and any other debris build-up to ensure drains and gutters are clear for use as intendedRemoval of Waste-type ItemsAll unusable and waste type items (for example: debris, trash, garden refuse, tree limbs) collected by the contractor during the performance on this contract must be removed from the VA Medical Center property by the contractorPaved Pedestrian AreasTo have all sidewalks, building entrances and courtyards free of trash, cigarette butts and excessive grass clippings.Contractor shall use effective and appropriate means to clean and remove stains, such as soda, coffee, food and bird droppings, from these areas.Contractor shall power-wash building entrances, designated walkways, bus stops, eating areas and loading docks at a minimum of two (2) times per month to ensure a clean and neat environment. Litter and Debris ControlGrounds, to include landscape areas and hardscape areas, are to remain free of litter, debris, trash, waste and garden refuse.Pedestrian Structures, Portable Outdoor Furniture and Site FurnishingsAll pedestrian structures, portable outdoor furniture and site furnishings will be maintained tidy, neat and free of damage, with all leaves, debris, stains and graffiti cleaned and removed from all surfaces. Pedestrian structures include: GazeboShade structuresBus sheltersPortable outdoor furniture include:café tables and chairsoutdoor dining and lounge furnitureumbrellasSite furnishings include: Benches Trash receptacles and smoking containers Picnic tables and chairsBike racks and lockersFree of damage means repairing pedestrian structures and site furnishings, as needed.Contractor is responsible for leaf and other debris removal from pedestrian structure roofs and gutters that are fourteen (14) feet or less in height. Contractor shall use effective and appropriate means to clean and remove stains, dirt and dust from the pedestrian structures and site furnishings.Contractor shall submit a schedule for cleaning and power washing of the pedestrian structures and site furnishings to the COR for approval and coordination prior to performing this serviceContractor must immediately notify the COR when an item is beyond repair and is unsafe.Stone walls and other site elementsAll stone and concrete walls, and other site elements, such as concrete seat walls, planter walls, handrails and guard railings, must be free from trash, debris and graffiti. Graffiti removal shall not commence prior to the CORs acceptance of the proposal and written authorization to proceed. All stains, graffiti and bird droppings will be removed with proper chemicals. All damage to structures will be reported to COR.Contractor shall use effective and appropriate means to keep the exposed surfaces free from litter, dirt, graffiti, and stains, such as food and bird droppings.Contractor shall select a graffiti removal method appropriate for the situation (surface type and substance to be removed) and submit proposal in writing to the COR. Graffiti removal shall not commence prior to the acceptance by the COR of the proposal and written authorization to proceed.Roadways and Parking lotsRoadways and parking lots must remain neat and tidy, free of debris, cigarette butts, graffiti and leaf build up, preventing drainage issues. Service is to be scheduled with the COR to occur once a month and outside Standard Operating Hours. Debris and trash collected during these periods must be removed from the property by the contractor.OTHER MISCELANEOUS CONSTRAINTSConstructionFrom time to time VA Medical Center may undergo construction. The COR will advise the Contractor of such areas as they occur and which areas the Contractor will not be responsible to maintain. Changes to the VA Medical Center property as a result of construction may result in changes to the requirements of this contract. Any changes made will be in accordance with FAR clause 52.243-1 Changes -- Fixed Price (Aug 1987) and its Alternate I (Apr 1984). Medical Center PoliciesEach VA Medical Center has policies that are updated from time to time. The COR can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed, especially policies and constraints regarding parking, possession of weapons, cell phone use and photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.CONTACT POINTSContractor Point of Contact (POC)The Contractor shall specify an individual who shall serve as a single point of contact for all Contract related business (POC). Contractor must provide the COR and Contracting Office with the POC contact details, to include cell phone and email, as a minimum: Within 14 business days of contract award, andWithin 5 business days prior to a change in the POC by the Contractor. The POC must be easily accessible by phone and return COR calls within 48hours of a voice message left by the COR. Contracting Officer’s Representative (COR)Upon contract commencement, the Contracting Officer will notify the Contractor in writing as to the COR assigned to this contract, and upon reassignment of a new COR, as applicable. Contractor shall only respond to requests for service from the COR or the CO. If service is requested from any source, other than the COR or the CO, the Contractor is to advise the individual of this requirement and refuse to respond. Any billing resulting from unauthorized service will not be paid by the government. Authority of the CORThe Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting ernment Alternate Points of Contact (POC) – Emergencies OnlyThe COR will identify Alternate Points of Contact (POC) to be used only for instances of emergencies when the COR is not easily contactable. These will be individuals in supervisory or managerial roles within the same department as the COR. The contractor will be provided this information within 5 days after contract award and within 48 hours of a change to this information. An Alternate POC does not replace the COR nor do they replace the Contracting Officer during the performance and administration of this contract, nor does it relinquish or diminish the Contractor’s requirements in relation to the performance of this Contract. CONTRACTOR PERSONNEL SPECIFICATIONS and REQUIREMENTSAt all times during performance of Services, in accordance with this PWS, the Contractor must ensure Contractor personnel:Be able to function professionally amongst the general public in a hospital and health care environment. Where possible, a warm-natured and humane approach from Contractor personnel is preferred during the performance of services. Be able to read, understand and apply printed rules, detailed orders, and instructionsBe familiar and compliant with this PWS and all Contractual requirements.Wear Contractor-issued identification name tags in a way that are visibly displayed on the uniform in a prominent manner, being clearly visible to the general public Maintain a neat, clean, professional and personal hygienic appearance. Be fully clothed at all times, to include long slacks or pants and shirt, buttoned up from neck to waist. Clothing shall be clean each day. Any soiled clothing should be as a result of contracted work at the location that day. Tank tops as outer garments are prohibited. Shoes/boots will have no holes or loose soles. Steel-toed shoes will be required in accordance with OSHA requirements. Shall not engage in loud or boisterous behavior or use profane or abusive language. While not a requirement, Contractors are encouraged to wear Contractor branded clothing for ease in distinguishing contractor personnel from a pliant with VA Safety and OSHA regulations while on VA Medical Center pliant with parking requirements at each VA Medical Center and park only in the designated parking areas as assigned by the COR.Maintain Decorum at all times. During the performance of services care and consideration must be given to VA visitors and staff. All Services must be performed with minimal disturbance or hindrance to VA Medical Center visitors and staff, specifically maintaining the requirements identified in the Overview of this PWS. SAFETY AND SECURITYCheck In/Out ProceduresPrior to commencement of, and immediately after each service visit, the Contractor or Contractor’s authorized Personnel, must check in and out with the COR. Only individual VA Environment Management Services staff, as delegated by the COR, can coordinate check in and check out procedures for the Contractor in the absence of the COR. Due to heightened security requirements, the Contractor or his authorized service representative will be required to wear a VA issued ID Badge which will be signed for upon arrival and turned in when leaving. All Badges must be worn at or above the waist and facing forward. This Badge must be turned in before leaving the premises; otherwise the person signing for it will be required to pay for the unreturned ID Badge.Standard Business Hours and Federal HolidaysVA Medical Center standard operating hours occur between 8:00am to 4:30pm Monday-Friday excluding Federal holidays, except by special alternate arrangement, coordinated and authorized by the COR. Performance Outside Standard Business HoursContractor must coordinate all services with the COR and document these in the Service Report. This means the contractor may perform services outside the Standard Business Hours to accommodate the needs of this PWS in conjunction with the particular climate and seasonal changes.Non-Winter Performance HoursIn situations that do not require immediate services, such as regular Grounds Maintenance and Grounds Housekeeping, the contractor may perform services on holidays observed by the Federal Government. However, this will be at the COR’s discretion and approval following written request from the Contractor to the COR at least 48 hours in advance of the service date and documented in the Service Report.The Federal Government observes the following days as holidays.New Year’s DayJanuary 1st *Martin Luther King’s BirthdayThird Monday in JanuaryWashington’s BirthdayThird Monday in FebruaryMemorial DayLast Monday in MayIndependence DayJuly 4th *Labor DayFirst Monday in SeptemberColumbus DaySecond Monday in OctoberVeterans’ DayNovember 11th *Thanksgiving DayFourth Thursday in NovemberChristmas Day December 25th **Holidays that fall on Saturday are observed on the preceding Friday. Holidays that fall on Sunday are observed on the following Monday.In addition to the days designated as holidays, the Government observes the following days:Any other day designated by Federal StatuteAny other day designated by Executive OrderAny other day designated by the President of the United States to be a Federal holidaySafety and ComplianceThe Contractor must ensure services, equipment and products comply with:local, state and federal Occupational Safety and Health guidelines and legislation, to include Occupational Safety and Health Administration (OSHA), the American National Standards Institute (ANSI) safety guidelines;local, state and federal guidelines and legislation, as well as VA Medical Center Directives and guidelines, relating to chemicals and usage of chemicals, to include pesticides;local, state and federal Fire and Safety legislation and guidelines, to include VA Medical Center directives and legislation on Fire and Safety, as well as the latest published edition of NFPA-99 (Health Care Facilities Code);local, state and federal environmental laws as well as Environmental Protection Agency (EPA) regulations, Energy Policy and Conservation Act, National Energy Conservation Policy Act, Resource Conservation and Recovery Act of 1976, Title VI of the Clean Air Act (as amended), Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), involving pesticide use and other pest control procedures;USDA bio-based certification;Title 29 code of Federal Regulations (CFR) 1910.20, Access to Employee Exposure and Medical Records;29 CFR 1910.132, Personal Protective Equipment;29 CFR 1910.134, Respiratory Protection;29 CFR 1910.1200, Hazard Communications;The Contractor is responsible for all charges, fees, applications and procurement of all permits, licenses, registrations and certificates, pursuant to lawful application of the provision of services. As required by law, all Contractor personnel performing on-site pesticide application must be certified by the State of Oklahoma. Where there is a conflict between applicable regulations, the most restrictive will apply. Bio Hazardous WasteContractor is not responsible for the cleanup of bio hazardous waste and materials, such as, but not limited to, bodily fluids, vomit, blood or any material deemed to be a biohazard, from the grounds. Contractor must immediately notify the COR of the location of bio hazardous waste and materials on the grounds. Chemicals and PesticidesWhen using all pesticides the Contractor must:Not apply any pesticide product that has not been previously approved in writing by the COR. Ensure the pesticides are in accordance with the U.S. Environmental Protection Agency (EPA). Transport, handling and use of all pesticides shall be in strict accordance with the manufacturer’s labels and all applicable Federal, state, and local law and regulations. Ensure the pesticides are not stored on VA propertyEnsure the pesticides do not include herbicide 2, 4-Dichlorophenoxyacetic Acid (2, 4-D). VA has banned the use of this on all Veterans Health Administration facility grounds, which include all premises listed herein. Obtain written approval from the COR prior to formulating pesticides from concentrate on the premises Only apply pesticides according to need and not by schedule and also obtain written approval from the COR prior to application. As a general rule, application of pesticide shall not occur unless visual inspections or monitoring devices indicate the presences of pests in the specific area. Preventive pesticide treatments of areas where surveillance indicates a potential insect infestation are acceptable on a case-by-case basis. Only employ the least hazardous material, most precise application technique and minimum quality of pesticide necessary to achieve control Signs for Chemical and Pesticide UseContractor must notify the COR and clearly display signs at the VA informing VA staff and visitors of the time and date chemicals and pesticide are to be used on the grounds. Signs must be approved by the COR with advance notice so signs can be displayed at least 48 hours prior to chemical use. Signs must remain posted during chemical use. CONTRACTOR FURNISHED EQUIPMENT / PROPERTY (CFE / CFP)To be updated upon contract award and as necessary. Contractor furnished property and equipment must be properly labeled, to include company name, address and phone ERNMENT FURNISHED EQUIPMENT / PROPERTY (GFE / GFP)Water and Electricity Water is available for use by the contractor for the purpose of performing services per this PWS. Neither hoses nor any other watering equipment will be supplied by the Government. Contractor shall collect water access and applicable keys at the beginning of each service visit from the COR, and return the same keys to the COR, at completion of that same service visit. The contractor shall use electricity from existing outlets at the location. Electric extension power cords will not be provided by the Government. The contractor shall conserve water and electricity to the maximum extent possible during the performance of Services in accordance with this PWS. Ground sprinklers operate at night and all over grassy areas.Grounds, Building Exterior and Parking LotsUpon completion of each service, Contractor must leave the Area(s) in which Services were performed, in the same manner, or better than, in which they were found: clean, undamaged, safe and free of hazards considered unsafe for VA customers and staff. Any GFP or GFE damaged due to work performed by the Contractor shall be repaired or replaced to its original condition and finished at no cost to the Government. Parking Spaces – Contractor parking arrangements will be made available and must be coordinated with the COR. If parking on VA property drivers must comply with VA Security requirements. The VA does not validate or reimburse parking costs or violations of Contractor’s or their personnel under any circumstances. QUALITYConformance StandardsRefer to section on Safety and Compliance in this PWSRemedy or ReworkRework or Remedy is defined as performing the Service again until the Purpose of this PWS is achieved in full. This involves less than Satisfactory Service by the Contractor and as noted by the COR. Rework or Remedy occurs at no additional cost to the Government. Payment will be withheld until all services are performed to the Satisfactory level in accordance with this PWS and as documented by the COR.DELIVERABLESService ReportsContractor shall provide the COR with individual Service Reports pertaining to daily and weekly tasks and requirements performed at the location. All Service Reports are to be signed and dated by designated Contractor POC and provided to the COR at the end of each daily performance.Each Service Report must describe the:scheduled Services performed during the applicable Service period: indicating building numbers and directional location of each area serviced on the property, such as N (north), S (south), E (east), W (west), SW (southwest) and so onhours performed during the applicable Service period,identify sub-category of services performed, e.g. weed removal, tree trimming, leaf removal etcContractor Personnel in attendance during the applicable Service period, to include their full nameDefects, deficiencies and damages of any kind, e.g. damaged site furnitureDetails of GFE requiring maintenanceRecord of pesticides/herbicides applied (type, amount, application area, weather conditions)Safety Data SheetContractor must provide a Safety Data Sheet (SDS) identifying all chemicals used in the performance of this service, to include respective labels. Either a paper version or emailed version of the SDS must be provided to the COR within:15 business days of contract award, 15 business days after contract extension, and5 business days of a change in chemical usage. The COR will provide written approval and/or initial the Contractor’s SDS for the Contractor’s record.Chemicals and Pesticide NotificationsContractor must notify COR in writing, and obtain written approval from the COR, at least one week in advance of any application where the pesticides and chemicals are applied to an area of ten (10) square feet or greater. DEFINITIONSBedding areas – means bush, shrub, hedge and flower bedsContractor Employees – has the same meaning as Contractor PersonnelContractor Personnel - has the same meaning as Contractor EmployeesCOR – Contracting Officer’s RepresentativeEMS - Environment Management Services Pruning of plant material means the following for the purpose of this contract: To maintain clearance from other plants or facilities, andTo correct shape, particularly to correct for wind disfiguration, andTo provide visibility of pedestrians and motorists, andTo maintain walkways free from obstruction, andTo eliminate or reduce potentially hazardous situationsSDS - Safety Data SheetServices - Grounds Maintenance Services, including Grounds Housekeeping servicesTechnically Trained Personnel – are personnel and/or employees who shall be suitably knowledgeable in the Grounds Maintenance Services, and have a background with appropriate use of chemicals, in order to satisfactorily perform services in accordance with the PWS. Also known as Contractor Personnel or Contractor Employees or Technicians.Visual and Aesthetic Appeal means:? plants that are Scaled appropriately in relative size when positioned in the garden, on the property and in proportion to the spaces provided, with consideration to the plant’s position around the building structure, immediate environment, regular activity as well as consideration to allowing the plant to benefit from natural light,? plants that provide Simplicity (meaning uncluttered, with minimal to nil complexity), as well as minimal visual stimulation, suitable to the environment of the plant’s position,plants that, when positioned in a particular environment, provide a Variety of texture, form, seasonal interest and color, without sacrificing Simplicity, suitable to the environment of the plant’s position.? In addition, it also means plants that provide color suitable to the environment, if incorporating color.? For example, highly used pedestrian areas may afford a vibrant visual appearance of warm, highly saturated hues (e.g. red, orange, yellow) whereas a single, quiet outdoor sitting area may require calmer visual appearance of cooler hues (e.g. blue, purple, green),plants that create Balance, be it symmetrical or asymmetrical, so as to provide a stable and durable effect,plants that provide a Sequence and transitional flow of plant elements or types when moving from one area to another and are suitable to the environment of the location.? For example, requirements for lengthy and highly used pedestrian areas will vary from that of a single, quiet sitting area.NFPA – National Fire Protection AssociationOSHA - Occupational Safety and Health AdministrationANSI - American National Standards InstituteEPA - Environmental Protection AgencyCFR - code of Federal RegulationsFIFRA - Federal Insecticide, Fungicide and Rodenticide ActVA Mission - To fulfill President Lincoln's promise "To care for him who shall have borne the battle, and for his widow, and his orphan" by serving and honoring the men and women who are America's veterans.B.6 Quality Assurance Surveillance Plan (QASP)INTRODUCTIONThis quality assurance surveillance plan (QASP) is pursuant to the requirements listed in the performance work statement (PWS). This plan sets forth the procedures and guidelines the VA will use in ensuring the required performance standards or services levels are achieved by the contractor. PurposeThe purpose of the QASP is to describe the systematic methods used to monitor performance and to identify the required documentation and the resources to be employed. The QASP provides a means for evaluating whether the contractor is meeting the performance standards/quality levels identified in the PWS and the contractor’s quality control plan (QCP), and to ensure that the government pays only for the level of services received.This QASP defines the roles and responsibilities of all members of the integrated project team (IPT), identifies the performance objectives, defines the methodologies used to monitor and evaluate the contractor’s performance, describes quality assurance documentation requirements, and describes the analysis of quality assurance monitoring results.Performance Management ApproachThe PWS structures the acquisition around “what” service or quality level is required, as opposed to “how” the contractor should perform the work (i.e., results, not compliance). This QASP will define the performance management approach taken by VA to monitor and manage the contractor’s performance to ensure the expected outcomes or performance objectives communicated in the PWS are achieved. Performance management rests on developing a capability to review and analyze information generated through performance assessment. The ability to make decisions based on the analysis of performance data is the cornerstone of performance management; this analysis yields information that indicates whether expected outcomes for the project are being achieved by the contractor. Performance management represents a significant shift from the more traditional quality assurance (QA) concepts in several ways. Performance management focuses on assessing whether outcomes are being achieved and to what extent. This approach migrates away from scrutiny of compliance with the processes and practices used to achieve the outcome. A performance-based approach enables the contractor to play a large role in how the work is performed, as long as the proposed processes are within the stated constraints. The only exceptions to process reviews are those required by law (federal, state, and local) and compelling business situations, such as safety and health. A “results” focus provides the contractor flexibility to continuously improve and innovate over the course of the contract as long as the critical outcomes expected are being achieved and/or the desired performance levels are being met.Performance Management StrategyThe contractor is responsible for the quality of all work performed. The contractor measures that quality through the contractor’s own quality control (QC) program. QC is work output, not workers, and therefore includes all work performed under this contract regardless of whether the work is performed by contractor employees or by subcontractors. The contractor’s QCP will set forth the staffing and procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in the PWS. The contractor will develop and implement a performance management system with processes to assess and report its performance to the designated government representative. The contractor’s QCP will set forth the staffing and procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in the PWS. This QASP enables the government to take advantage of the contractor’s QC program. The government representative(s) will monitor performance and review performance reports furnished by the contractor to determine how the contractor is performing against communicated performance objectives. The government will make determination regarding incentives based on performance measurement metric data and notify the contractor of those decisions. The contractor will be responsible for making required changes in processes and practices to ensure performance is managed effectively.ROLES AND RESPONSIBILITIESThe integrated project team (IPT) consists of the contracting officer (CO) and the Contracting Officer’s Representative (COR). The Contracting OfficerThe contracting officer (CO) is responsible for monitoring contract compliance, contract administration, and cost control and for resolving any differences between the observations documented by the contracting officer's representative (COR) and the contractor. The CO will designate one full-time COR as the government authority for performance management. The number of additional representatives serving as technical inspectors depends on the complexity of the services measured, as well as the contractor’s performance, and must be identified and designated by the CO.The Contracting Officer’s Representative The Contracting Officer’s Representative (COR) is designated in writing by the CO to act as his or her authorized representative to assist in administering a contract. COR limitations are contained in the written appointment letter. The COR is responsible for technical administration of the project and ensures proper government surveillance of the contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the government’s behalf. Any changes that the contractor deems may affect contract price, terms, or conditions shall be referred to the CO for action. The COR will have the responsibility for completing QA monitoring forms used to document the inspection and evaluation of the contractor’s work performance. Government surveillance may occur under the inspection of services clause for any service relating to the contract.IDENTIFICATION OF REQUIRED PERFORMANCE STANDARDS/QUALITY LEVELSThe required performance standards and/or quality levels are included in the PWS and in Attachment 1, “Performance Requirements Summary.” Positive or Negative Incentives in Relation to Standards and Quality LevelsContractor performance on this contract, be it less than, greater than or equal to satisfactory performance on this contract, will be subject to the Positive and/or Negative Incentives identified in the Performance Requirements Summary. The results will also be documented by the COR and CO, for use as past performance indicators to support any interest or bids the contractor makes in future government requirements and solicitations. Failure to meet the required service or performance level will result in a delinquency notice to the contractor.METHODOLOGIES TO MONITOR PERFORMANCESurveillance TechniquesIn an effort to minimize the performance management burden, simplified surveillance methods shall be used by the government to evaluate contractor performance when appropriate. The primary methods of surveillance are: Random monitoring - which shall be performed by the COR/COR designated inspector.100% Inspection – Each month, the COR, shall review the generated documentation and enter summary results into the Surveillance Activity Checklist.Periodic Inspection – COR typically performs the periodic inspection which should align with the frequency of required services per the PWS, such as weekly or monthly, depending on the required task.Customer Feedback The contractor is expected to establish and maintain professional communication between its employees and customers. The primary objective of this communication is customer satisfaction. Customer satisfaction is the most significant external indicator of the success and effectiveness of all services provided and can be measured through customer complaints. Performance management drives the contractor to be customer focused through initially and internally addressing customer complaints and investigating the issues and/or problems but the customer always has the option to communicate complaints to the CO and COR, as opposed to the contractor. Customer complaints, to be considered valid, must set forth clearly and in writing the detailed nature of the complaint, must be signed, and must be forwarded to the COR. The COR will accept those customer complaints and investigate using the Quality Assurance Monitoring Form – Customer Complaint Report, identified in Attachment 3.Customer feedback may also be obtained either from the results of formal customer satisfaction surveys or from random customer complaints. Acceptable Quality Levels The acceptable quality levels (AQLs) included in Attachment 1, Performance Requirements Summary Table, for contractor performance are structured to allow the contractor to manage how the work is performed while providing negative incentives for performance shortfalls. For certain critical activities such as those involving Trilogy and ARIA, the desired performance level is established at 100 percent. Other levels of performance are keyed to the relative importance of the task to the overall mission performance at the G.V. (Sonny) Montgomery VA Medical Center in Jackson MS.QUALITY ASSURANCE DOCUMENTATIONThe Performance Management Feedback Loop The performance management feedback loop begins with the communication of expected outcomes. Performance standards are expressed in the PWS and are assessed using the performance monitoring techniques shown in Attachment 1. Monitoring Forms The government’s QA surveillance, accomplished by the COR, will be reported using the monitoring forms in Attachments 2, 3 and 4. The forms, when completed, will document the government’s assessment of the contractor’s performance under the contract to ensure that the required results satisfy the Purpose of the Performance Work Statement. The COR will retain a copy of all completed QA surveillance forms and forward electronic copies to the CO. ANALYSIS OF QUALITY ASSURANCE ASSESSMENTDetermining Performance Government shall use the monitoring methods cited to determine whether the performance standards/service levels/AQLs have been met. If the contractor has not met the minimum requirements, it may be asked to develop a corrective action plan to show how and by what date it intends to bring performance up to the required levels. Failure to meet the AQL may result in deduction of monies, as shown in Attachment 1 of this document, or other incentives (positive or negative) or penalties may result. ReportingAt the end of each month, the COR will prepare a written report for the CO summarizing the overall results of the quality assurance surveillance of the contractor’s performance. This written report, which includes the contractor’s submitted monthly report and the completed quality assurance monitoring forms (Attachment 2, 3 or 4), will become part of the QA documentation. It will enable the government to demonstrate whether the contractor is meeting the stated objectives and/or performance standards, including cost/technical/scheduling objectives.Reviews and ResolutionThe COR may require the contractor’s project manager, or a designated alternate, to meet with the CO and other government IPT personnel as deemed necessary to discuss performance evaluation. The COR will define a frequency of in-depth reviews with the contractor, including appropriate self-assessments by the contractor; however, if the need arises, the contractor will meet with the COR as often as required or per the contractor’s request. The agenda of the reviews may include:Monthly performance assessment data and trend analysisIssues and concerns of both partiesProjected outlook for upcoming months and progress against expected trends, including a corrective action plan analysisRecommendations for improved efficiency and/or effectivenessThe COR must coordinate and communicate with the contractor to resolve issues and concerns regarding marginal or unacceptable performance. The COR and contractor should jointly formulate tactical and long-term courses of action. Decisions regarding changes to metrics, thresholds, or service levels should be clearly documented. Changes to service levels, procedures, and metrics will be incorporated as a contract modification at the convenience of the PCO/ACO.QASP ATTACHMENT 1: PERFORMANCE REQUIREMENTS SUMMARYTask Standard Acceptable Quality Level (AQL)Surveillance MethodIncentives (Negative and Positive)Rework/Remedy1.Service Reports Service Reports signed, dated and provided to COR after each service During each month, no more than 3 of required documents toCOR may be later than the specified time period.Direct Observation -Receipt and review of Service Reports RemedyFailure to satisfy this requirement after the 2nd notice from the CO, FAR clause 52.249-8(a)(2) will be actioned.CPARS documentation.2.Tasks and Requirements in accordance with PWS – Grounds Maintenance and Grounds HousekeepingSatisfying the PWS Tasks and Requirements within the Constraints as well as satisfying the Purpose of the PWS. Minimum acceptable quality level is 90% completion of requirement, including within frequency and due datesDesired quality level is 100% completion of requirement, including within frequency and due datesDirect Observation Random Inspection Remedied within 5 business days Failure to satisfy this requirement after the 2nd notice from the CO, FAR clause 52.249-8(a)(2) will be actioned.CPARS documentation.3.Contractor POC POC is available to COR per PWS POC Contact information is current and updated.Respond to at least 95% of incoming telephone calls or voice messages left by COR with the month (calendar) to be Rated Satisfactory.During each month, no more than 3 of returned phone calls toCOR may be later than the specified time period with the month (calendar) to be Rated Satisfactory.Direct Observation - Receipt of POC contact detailsDirect Observation - of POC contact details and accessibilityRemedyFailure to satisfy this requirement after the 2nd notice from the CO, FAR clause 52.249-8(a)(2) will be actioned.CPARS documentation.4.Safety Data Sheet / Chemical and Pesticide NotificationSDS / Chemical and Pesticide Notification provided to COR on time During each month, no more than 3 of required documents toCOR may be later than the specified time period to be Rated Satisfactory.Direct Observation - Receipt of Contractor’s Safety Data Sheet / Chemical and Pesticide Notification, as applicable to PWSRemedyFailure to satisfy this requirement after the 2nd notice from the CO, FAR clause 52.249-8(a)(2) will be actioned.CPARS documentation.5.Safety Maintained during operationsNo accidents or incidents due to contractor’s failure to take safety precautions. No accidents or incidents due to contractor’s failure to take safety precautions.Direct ObservationReceipt of Reports (e.g. Accident Report, VA Police Report etc)RemedyCPARS documentation.6.GFP/GFE: Water Access Keys Security: Check In / Check Out Contractor returns Water access keys same day as collected and maintains security of Keys during performance of service per PWS Contractor collects and returns badge(s) same day per PWS No more than 1 occurence per month (calendar) where Keys are not returned the same day and directly after Service.No more than 1 occurrence per month (calendar) where Badges are not returned the same day and directly after Service.Direct Observation - Receipt of Keys/Badge(s) upon completion of each serviceDirect Observation - Review of Key Log and Badge LogRandom InspectionKeys and Badges returned immediately and in person by the Contractor upon notification from COR or OKCVHS Security.Failure to satisfy this requirement after the 2nd notice from the CO, FAR clause 52.249-8(a)(2) will be actioned.CPARS documentation.QASP ATTACHMENT 2: SAMPLE QUALITY ASSURANCE MONITORING FORMSERVICE or STANDARD: SURVEY PERIOD: SURVEILLANCE METHOD (Check):Random Sampling100% InspectionPeriodic InspectionCustomer ComplaintLEVEL OF SURVEILLANCE (Check):MonthlyQuarterlyAs neededPERCENTAGE OF ITEMS SAMPLED DURING SURVEY PERIOD:______ %ANALYSIS OF RESULTS: Observed Service Provider Performance Measurement Rate: ______%Service Provider’s Performance (Check):Meets StandardsDoes Not Meet StandardsNarrative of Performance During Survey Period: PREPARED BY: ___________________________________DATE: _________________QASP ATTACHMENT 3: Performance Report1. CONTRACT NUMBER: <insert number>2. Prepared by: (Name of COR) <insert name>3. Date and time of observation:4. Observation: <Examples of items to include in a report are:- Method of surveillance.- How frequently you conducted surveillance.- Surveillance results.- Number of observations.>Prepared by: <Enter COR’s name>_____________________________________________Signature – Contracting Officer’s Representative DateQASP ATTACHMENT 4: Customer Complaint Report (CCR)1. Contract Number: <insert number>2. TO: (Contractor Task Manager or on-site representative) <insert name>3. FROM: <insert name>4. Date and time observed discrepancy:5. DISCREPANCY OR PROBLEM: <Describe in detail. Identify any attachments. IMPORTANT NOTE: A customer’s objective feedback, as it pertains to the required tasks of the PWS, should only be considered instead of subjective feedback.> 6. Corrective action plan: A written corrective action plan < is / is not > required.< If a written corrective action plan is required include the following. > The written Corrective Action Plan will be provided to the undersigned not later than < # days after receipt of this CCR. > Prepared by: <Enter name>_____________________________________________Signature – Contracting Officer’s Representative DateReceived by:_____________________________________________Signature – COR DateSECTION C - CONTRACT CLAUSESC.1 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) (a) Definition. For the Department of Veterans Affairs, "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 (or eligible surviving spouses); (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; and (iv) The business has been verified for ownership and control and is so listed in the Vendor Information Pages database, (). (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). (b) General. (1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a service-disabled veteran-owned small business concern. (c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for: (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns; (2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other eligible service-disabled veteran-owned small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns. (d) A joint venture may be considered a service-disabled veteran owned small business concern if-- (1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement; (2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation. (4) The joint venture meets the requirements of 13 CFR 125.15(b). (e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.(End of Clause)C.2 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 six months.(End of Clause)FAR NumberTitleDate52.212-4CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMSMAY 2015ADDENDUM 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.3 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): (End of Clause)FAR NumberTitleDate852.203-70COMMERCIAL ADVERTISINGJAN 2008852.203-71DISPLAY OF DEPARTMENT OF VETERANS AFFAIRS HOTLINE POSTERDEC 1992852.232-72ELECTRONIC SUBMISSION OF PAYMENT REQUESTSNOV 2012C.4 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 Oklahoma. 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)FAR NumberTitleDate52.232-1PAYMENTSAPR 198452.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSDEC 2013C.5 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) (a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless— (1) The product cannot be acquired— (i) Competitively within a time frame providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following: (i) Spacecraft system and launch support equipment. (ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions. (b) Information about this requirement and these products is available at . (c) In the performance of this contract, the Contractor shall— (1) Report to , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and (2) Submit this report no later than— (i) October 31 of each year during contract performance; and (ii) At the end of contract performance.(End of Clause)C.6 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) (a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract). (b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.Material (If none, insert “None”)Identification No. (c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous. (d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. (e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data. (f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property. (g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. (h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows: (1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to— (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) Obtain medical treatment for those affected by the material; and (iii) Have others use, duplicate, and disclose the data for the Government for these purposes. (2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data. (3) The Government is not precluded from using similar or identical data acquired from other sources.(End of Clause)C.7 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) (a) Definitions. As used in this clause— "Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material." "Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (b) The Contractor, on completion of this contract, shall— (1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and (2) Submit this estimate to the Contracting Officer and the COR.(End of Clause)C.8 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) (a) Definitions. As used in this clause— "Recycling" means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion. "Waste prevention" means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials. "Waste reduction" means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products. (b) Consistent with the requirements of section 3(e) of Executive Order 13423, the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part 247).(End of Clause)C.9 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) (a) Definition. As used in this clause—"Energy-efficient product"— (1) Means a product that— (i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or (ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program. (2) The term "product" does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C. 8259b). (b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR? products or FEMP-designated products) at the time of contract award, for products that are— (1) Delivered; (2) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (3) Furnished by the Contractor for use by the Government; or (4) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance. (c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless— (1) The energy-consuming product is not listed in the ENERGY STAR? Program or FEMP; or (2) Otherwise approved in writing by the Contracting Officer. (d) Information about these products is available for— (1) ENERGY STAR? at ; and (2) FEMP at (End of Clause)C.10 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008) (a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price. (b) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, . The list of EPA-designated items is available at .(End of Clause)FAR NumberTitleDate52.237-2PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATIONAPR 198452.228-5INSURANCE—WORK ON A GOVERNMENT INSTALLATIONJAN 1997C.11 SUPPLEMENTAL INSURANCE REQUIREMENTS In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000.00 per occurrences. (c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.(End of Clause)C.12 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government: (1) When no longer needed for contract performance. (2) Upon completion of the Contractor employee's employment. (3) Upon contract completion or termination. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.(End of Clause)FAR NumberTitleDate52.245-1GOVERNMENT PROPERTYAPR 2012C.13 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.(End of Clause)FAR NumberTitleDate52.246-1CONTRACTOR INSPECTION REQUIREMENTSAPR 1984(End of Addendum to 52.212-4)C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (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. (Aug 2013) (31 U.S.C. 6101 note). [] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [] (ii) Alternate I (NOV 2011) of 52.219-3. [] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (JAN 2011) of 52.219-4. [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business 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 (OCT 2014) (15 U.S.C. 637(d)(2) and (3). [] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (OCT 2014) of 52.219-9. [] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [X] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [X] (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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). [X] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [X] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). [] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 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)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (36)(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-13. [] (37)(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [X] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (39)(i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (41) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (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. [] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [X] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (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).Employee ClassMonetary Wage-Fringe BenefitsWG-3502-04 [] (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). [X] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). [X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658). [] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (10) 52.237-11, Accepting and Dispensing of $1 Coin (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 (APR 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xi)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (AUG 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)C.15 52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014) (a) Service employee, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term "service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. (b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified. (1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work. (2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. (i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days. (ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495. (iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract. (iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment). (c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Labor Standards statute, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee's past performance, has failed to perform suitably on the job (see 29 CFR 9.12(c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions. (2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements. (3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause. (d)(1) The Contractor shall, not less than 30 days before completion of the Contractor's performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors. (2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives. (3) The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR chapter 9) to service employees of their possible right to an offer of employment with the successor contractor. Where a significant portion of the predecessor Contractor's workforce is not fluent in English, the notice shall be provided in English and the language(s) with which service employees are more familiar. The written notice shall be— (i) Posted in a conspicuous place at the worksite; or (ii) Delivered to the service employees individually. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice. (e)(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion. (2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives. (f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compliance with this clause for not less than a period of three years from the date the records were created. (1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made. (2) A copy of any record that forms the basis for any exemption claimed under this part. (3) A copy of the service employee list provided to or received from the contracting agency. (4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee, the period covered by such payment, and the date of payment, and a copy of any receipt form provided by or authorized by the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employee, with the Administrator or an authorized representative within 10 days after payment is made. (g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause (52.233-1) of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S. Department of Labor, and the service employees under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes to file a complaint, or ask questions concerning this contract clause, to the: Branch of Government Contracts Enforcement, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Contact email: displaced@. (h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s) available for inspection, copying, or transcription upon request. (i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law. (j) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the Contractor may request that the United States, through the Secretary, enter into such litigation to protect the interests of the United States. (k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other Government contract with the same prime Contractor, such sums as an authorized official of the Department of Labor requests, upon a determination by the Administrator, the Administrative Law Judge, or the Administrative Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate. If the Contracting Officer or the Administrator, upon final order of the Secretary, finds that the Contractor has failed to provide a list of the names of service employees working under the contract, the Contracting Officer may, in his or her discretion, or upon request by the Administrator, take such action as may be necessary to cause the suspension of the payment of contract funds until such time as the list is provided to the Contracting Officer. (l) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract, the Contractor shall include a provision that ensures— (1) That each subcontractor will honor the requirements of paragraphs (b) through (c) of this clause with respect to the service employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor Contractor and its subcontractors; (2) That the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs (d) and (e) of this clause; and (3) The recordkeeping requirements of paragraph (f) of this clause.(End of Clause)C.16 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)SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSD.1 Wage Determination (WD)WD 05-2431 (Rev.-20) was first posted on on 07/14/2015************************************************************************************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.: 2005-2431Daniel W. Simms Division of | Revision No.: 20Director Wage Determinations| Date Of Revision: 07/08/2015_______________________________________|____________________________________________Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10for 2015 that applies to all contracts subject to the Service Contract Act forwhich the solicitation is issued on or after January 1, 2015. If this contractis covered by the EO, the contractor must pay all workers in anyclassification listed on this wage determination at least $10.10 (or theapplicable wage rate listed on this wage determination, if it is higher) forall hours spent performing on the contract. The EO minimum wage rate will beadjusted annually. Additional information on contractor requirements andworker protections under the EO is available at whd/govcontracts.____________________________________________________________________________________State: OklahomaArea: Oklahoma Counties of Alfalfa, Atoka, Beckham, Blaine, Bryan, Caddo,Canadian, Carter, Cleveland, Coal, Custer, Dewey, Ellis, Garfield, Garvin,Grady, Grant, Harper, Hughes, Johnston, Kingfisher, Lincoln, Logan, Love,Major, Marshall, McClain, Murray, Noble, Oklahoma, Payne, Pontotoc,Pottawatomie, Roger Mills, Seminole, Washita, Woods, Woodward____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 13.04 01012 - Accounting Clerk II 14.63 01013 - Accounting Clerk III 18.28 01020 - Administrative Assistant 22.58 01040 - Court Reporter 18.46 01051 - Data Entry Operator I 11.69 01052 - Data Entry Operator II 12.76 01060 - Dispatcher, Motor Vehicle 17.05 01070 - Document Preparation Clerk 13.46 01090 - Duplicating Machine Operator 13.46 01111 - General Clerk I 13.10 01112 - General Clerk II 14.30 01113 - General Clerk III 18.00 01120 - Housing Referral Assistant 18.77 01141 - Messenger Courier 10.67 01191 - Order Clerk I 12.71 01192 - Order Clerk II 14.08 01261 - Personnel Assistant (Employment) I 14.35 01262 - Personnel Assistant (Employment) II 16.05 01263 - Personnel Assistant (Employment) III 17.90 01270 - Production Control Clerk 20.96 01280 - Receptionist 12.74 01290 - Rental Clerk 14.04 01300 - Scheduler, Maintenance 14.04 01311 - Secretary I 14.04 01312 - Secretary II 16.20 01313 - Secretary III 18.77 01320 - Service Order Dispatcher 15.05 01410 - Supply Technician 22.58 01420 - Survey Worker 17.05 01531 - Travel Clerk I 12.32 01532 - Travel Clerk II 13.14 01533 - Travel Clerk III 13.77 01611 - Word Processor I 12.54 01612 - Word Processor II 14.07 01613 - Word Processor III 15.8005000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 18.14 05010 - Automotive Electrician 17.24 05040 - Automotive Glass Installer 16.31 05070 - Automotive Worker 14.84 05110 - Mobile Equipment Servicer 13.22 05130 - Motor Equipment Metal Mechanic 16.49 05160 - Motor Equipment Metal Worker 14.84 05190 - Motor Vehicle Mechanic 16.49 05220 - Motor Vehicle Mechanic Helper 12.63 05250 - Motor Vehicle Upholstery Worker 14.03 05280 - Motor Vehicle Wrecker 14.84 05310 - Painter, Automotive 15.67 05340 - Radiator Repair Specialist 14.84 05370 - Tire Repairer 12.12 05400 - Transmission Repair Specialist 16.4907000 - Food Preparation And Service Occupations 07010 - Baker 11.05 07041 - Cook I 8.70 07042 - Cook II 10.01 07070 - Dishwasher 8.18 07130 - Food Service Worker 8.20 07210 - Meat Cutter 13.28 07260 - Waiter/Waitress 8.7709000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 14.86 09040 - Furniture Handler 10.57 09080 - Furniture Refinisher 14.86 09090 - Furniture Refinisher Helper 11.83 09110 - Furniture Repairer, Minor 13.35 09130 - Upholsterer 14.8611000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.06 11060 - Elevator Operator 10.81 11090 - Gardener 12.86 11122 - Housekeeping Aide 10.47 11150 - Janitor 10.19 11210 - Laborer, Grounds Maintenance 10.82 11240 - Maid or Houseman 8.42 11260 - Pruner 10.20 11270 - Tractor Operator 12.10 11330 - Trail Maintenance Worker 10.82 11360 - Window Cleaner 10.4212000 - Health Occupations 12010 - Ambulance Driver 13.70 12011 - Breath Alcohol Technician 17.35 12012 - Certified Occupational Therapist Assistant 25.26 12015 - Certified Physical Therapist Assistant 22.10 12020 - Dental Assistant 14.41 12025 - Dental Hygienist 29.89 12030 - EKG Technician 20.95 12035 - Electroneurodiagnostic Technologist 20.95 12040 - Emergency Medical Technician 13.70 12071 - Licensed Practical Nurse I 15.51 12072 - Licensed Practical Nurse II 17.35 12073 - Licensed Practical Nurse III 19.35 12100 - Medical Assistant 12.33 12130 - Medical Laboratory Technician 16.14 12160 - Medical Record Clerk 13.88 12190 - Medical Record Technician 15.53 12195 - Medical Transcriptionist 12.04 12210 - Nuclear Medicine Technologist 34.29 12221 - Nursing Assistant I 9.70 12222 - Nursing Assistant II 10.91 12223 - Nursing Assistant III 11.91 12224 - Nursing Assistant IV 13.36 12235 - Optical Dispenser 14.41 12236 - Optical Technician 11.84 12250 - Pharmacy Technician 16.23 12280 - Phlebotomist 13.36 12305 - Radiologic Technologist 22.09 12311 - Registered Nurse I 27.48 12312 - Registered Nurse II 30.22 12313 - Registered Nurse II, Specialist 30.22 12314 - Registered Nurse III 36.56 12315 - Registered Nurse III, Anesthetist 36.56 12316 - Registered Nurse IV 43.82 12317 - Scheduler (Drug and Alcohol Testing) 21.5013000 - Information And Arts Occupations 13011 - Exhibits Specialist I 18.53 13012 - Exhibits Specialist II 20.67 13013 - Exhibits Specialist III 24.88 13041 - Illustrator I 20.86 13042 - Illustrator II 25.12 13043 - Illustrator III 30.74 13047 - Librarian 20.37 13050 - Library Aide/Clerk 10.85 13054 - Library Information Technology Systems 18.40 Administrator 13058 - Library Technician 12.31 13061 - Media Specialist I 13.27 13062 - Media Specialist II 14.85 13063 - Media Specialist III 16.56 13071 - Photographer I 13.27 13072 - Photographer II 15.16 13073 - Photographer III 18.78 13074 - Photographer IV 22.98 13075 - Photographer V 27.80 13110 - Video Teleconference Technician 14.8914000 - Information Technology Occupations 14041 - Computer Operator I 14.91 14042 - Computer Operator II 16.74 14043 - Computer Operator III 18.70 14044 - Computer Operator IV 20.75 14045 - Computer Operator V 22.97 14071 - Computer Programmer I (see 1) 24.07 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 14.91 14160 - Personal Computer Support Technician 20.7515000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 29.92 15020 - Aircrew Training Devices Instructor (Rated) 36.20 15030 - Air Crew Training Devices Instructor (Pilot) 39.82 15050 - Computer Based Training Specialist / Instructor 29.92 15060 - Educational Technologist 22.71 15070 - Flight Instructor (Pilot) 39.82 15080 - Graphic Artist 20.81 15090 - Technical Instructor 17.74 15095 - Technical Instructor/Course Developer 21.70 15110 - Test Proctor 15.76 15120 - Tutor 15.7616000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 8.47 16030 - Counter Attendant 8.47 16040 - Dry Cleaner 10.79 16070 - Finisher, Flatwork, Machine 8.47 16090 - Presser, Hand 8.47 16110 - Presser, Machine, Drycleaning 8.47 16130 - Presser, Machine, Shirts 8.47 16160 - Presser, Machine, Wearing Apparel, Laundry 8.47 16190 - Sewing Machine Operator 11.56 16220 - Tailor 12.34 16250 - Washer, Machine 9.2719000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 19.79 19040 - Tool And Die Maker 24.7321000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 15.25 21030 - Material Coordinator 22.82 21040 - Material Expediter 22.82 21050 - Material Handling Laborer 11.10 21071 - Order Filler 12.77 21080 - Production Line Worker (Food Processing) 15.25 21110 - Shipping Packer 13.76 21130 - Shipping/Receiving Clerk 13.76 21140 - Store Worker I 13.94 21150 - Stock Clerk 16.90 21210 - Tools And Parts Attendant 15.25 21410 - Warehouse Specialist 15.2523000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 24.37 23021 - Aircraft Mechanic I 23.35 23022 - Aircraft Mechanic II 24.37 23023 - Aircraft Mechanic III 25.40 23040 - Aircraft Mechanic Helper 16.96 23050 - Aircraft, Painter 20.19 23060 - Aircraft Servicer 19.19 23080 - Aircraft Worker 20.33 23110 - Appliance Mechanic 16.59 23120 - Bicycle Repairer 12.12 23125 - Cable Splicer 24.43 23130 - Carpenter, Maintenance 18.10 23140 - Carpet Layer 17.15 23160 - Electrician, Maintenance 18.93 23181 - Electronics Technician Maintenance I 21.73 23182 - Electronics Technician Maintenance II 24.54 23183 - Electronics Technician Maintenance III 25.71 23260 - Fabric Worker 17.12 23290 - Fire Alarm System Mechanic 18.63 23310 - Fire Extinguisher Repairer 16.13 23311 - Fuel Distribution System Mechanic 23.73 23312 - Fuel Distribution System Operator 17.99 23370 - General Maintenance Worker 17.04 23380 - Ground Support Equipment Mechanic 22.99 23381 - Ground Support Equipment Servicer 18.78 23382 - Ground Support Equipment Worker 19.89 23391 - Gunsmith I 16.13 23392 - Gunsmith II 17.98 23393 - Gunsmith III 19.84 23410 - Heating, Ventilation And Air-Conditioning 18.92 Mechanic 23411 - Heating, Ventilation And Air Contditioning 19.98 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 18.92 23440 - Heavy Equipment Operator 18.50 23460 - Instrument Mechanic 24.92 23465 - Laboratory/Shelter Mechanic 18.93 23470 - Laborer 11.10 23510 - Locksmith 18.24 23530 - Machinery Maintenance Mechanic 21.77 23550 - Machinist, Maintenance 18.92 23580 - Maintenance Trades Helper 13.97 23591 - Metrology Technician I 24.92 23592 - Metrology Technician II 25.98 23593 - Metrology Technician III 27.08 23640 - Millwright 20.03 23710 - Office Appliance Repairer 19.09 23760 - Painter, Maintenance 17.94 23790 - Pipefitter, Maintenance 19.97 23810 - Plumber, Maintenance 19.20 23820 - Pneudraulic Systems Mechanic 19.84 23850 - Rigger 19.84 23870 - Scale Mechanic 17.98 23890 - Sheet-Metal Worker, Maintenance 22.11 23910 - Small Engine Mechanic 17.04 23931 - Telecommunications Mechanic I 22.77 23932 - Telecommunications Mechanic II 23.76 23950 - Telephone Lineman 22.90 23960 - Welder, Combination, Maintenance 18.92 23965 - Well Driller 19.71 23970 - Woodcraft Worker 19.84 23980 - Woodworker 16.1324000 - Personal Needs Occupations 24570 - Child Care Attendant 8.73 24580 - Child Care Center Clerk 13.27 24610 - Chore Aide 8.73 24620 - Family Readiness And Support Services 14.27 Coordinator 24630 - Homemaker 15.6425000 - Plant And System Operations Occupations 25010 - Boiler Tender 22.39 25040 - Sewage Plant Operator 16.59 25070 - Stationary Engineer 22.39 25190 - Ventilation Equipment Tender 15.08 25210 - Water Treatment Plant Operator 16.3527000 - Protective Service Occupations 27004 - Alarm Monitor 14.88 27007 - Baggage Inspector 12.57 27008 - Corrections Officer 15.39 27010 - Court Security Officer 20.62 27030 - Detection Dog Handler 15.03 27040 - Detention Officer 15.39 27070 - Firefighter 24.14 27101 - Guard I 12.57 27102 - Guard II 15.03 27131 - Police Officer I 23.19 27132 - Police Officer II 25.7728000 - Recreation Occupations 28041 - Carnival Equipment Operator 10.57 28042 - Carnival Equipment Repairer 11.39 28043 - Carnival Equpment Worker 8.28 28210 - Gate Attendant/Gate Tender 13.14 28310 - Lifeguard 12.47 28350 - Park Attendant (Aide) 15.51 28510 - Recreation Aide/Health Facility Attendant 10.73 28515 - Recreation Specialist 17.93 28630 - Sports Official 11.71 28690 - Swimming Pool Operator 16.7429000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 20.94 29020 - Hatch Tender 20.94 29030 - Line Handler 20.94 29041 - Stevedore I 19.94 29042 - Stevedore II 22.0830000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.77 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.66 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 - Archeological Technician I 17.25 30022 - Archeological Technician II 20.36 30023 - Archeological Technician III 25.22 30030 - Cartographic Technician 25.22 30040 - Civil Engineering Technician 24.03 30061 - Drafter/CAD Operator I 17.25 30062 - Drafter/CAD Operator II 20.36 30063 - Drafter/CAD Operator III 22.71 30064 - Drafter/CAD Operator IV 26.48 30081 - Engineering Technician I 19.05 30082 - Engineering Technician II 21.83 30083 - Engineering Technician III 23.92 30084 - Engineering Technician IV 29.64 30085 - Engineering Technician V 36.26 30086 - Engineering Technician VI 43.86 30090 - Environmental Technician 21.77 30210 - Laboratory Technician 19.34 30240 - Mathematical Technician 25.23 30361 - Paralegal/Legal Assistant I 18.67 30362 - Paralegal/Legal Assistant II 23.12 30363 - Paralegal/Legal Assistant III 28.28 30364 - Paralegal/Legal Assistant IV 34.22 30390 - Photo-Optics Technician 25.22 30461 - Technical Writer I 18.40 30462 - Technical Writer II 22.51 30463 - Technical Writer III 27.24 30491 - Unexploded Ordnance (UXO) Technician I 22.74 30492 - Unexploded Ordnance (UXO) Technician II 27.51 30493 - Unexploded Ordnance (UXO) Technician III 32.97 30494 - Unexploded (UXO) Safety Escort 22.74 30495 - Unexploded (UXO) Sweep Personnel 22.74 30620 - Weather Observer, Combined Upper Air Or (see 2) 22.71 Surface Programs 30621 - Weather Observer, Senior (see 2) 25.2231000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 11.62 31030 - Bus Driver 14.66 31043 - Driver Courier 13.20 31260 - Parking and Lot Attendant 9.68 31290 - Shuttle Bus Driver 14.03 31310 - Taxi Driver 10.60 31361 - Truckdriver, Light 14.03 31362 - Truckdriver, Medium 15.85 31363 - Truckdriver, Heavy 19.47 31364 - Truckdriver, Tractor-Trailer 19.4799000 - Miscellaneous Occupations 99030 - Cashier 8.66 99050 - Desk Clerk 8.70 99095 - Embalmer 25.43 99251 - Laboratory Animal Caretaker I 10.69 99252 - Laboratory Animal Caretaker II 11.36 99310 - Mortician 25.43 99410 - Pest Controller 13.65 99510 - Photofinishing Worker 12.45 99710 - Recycling Laborer 15.53 99711 - Recycling Specialist 17.42 99730 - Refuse Collector 14.64 99810 - Sales Clerk 11.59 99820 - School Crossing Guard 10.88 99830 - Survey Party Chief 23.62 99831 - Surveying Aide 13.28 99832 - Surveying Technician 20.91 99840 - Vending Machine Attendant 12.16 99841 - Vending Machine Repairer 14.63 99842 - Vending Machine Repairer Helper 11.82____________________________________________________________________________________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 10 years, and 4 after 15 years. Length of service includesthe whole span of continuous service with the present contractor or successor,wherever employed, and with the predecessor contractors in the performance ofsimilar 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, LaborDay, 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 4174)THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination 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 ordinance, explosives, and incendiary materials. Thisincludes work such as screening, blending, dying, mixing, and pressing of sensitiveordance, explosives, and pyrotechnic compositions such as lead azide, black powderand photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operationson sensitive ordnance, explosives and incendiary materials. All operationsinvolving regrading 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 toordance, (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 thelike; minimal damage to immediate or adjacent work area or equipment being used.All operations involving, unloading, storage, and hauling of ordance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordance, 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, April 2006,unless otherwise indicated. Copies of the Directory are available on the Internet. Alinks to the Directory may be found on the WHD home page at or through the Wage Determinations On-Line (WDOL) Web site at FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form1444 (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. Suchconformed classes of employees shall be paid the monetary wages and furnished thefringe benefits as are determined. Such conforming process shall be initiated bythe contractor prior to the performance of contract work by such unlisted class(es)of employees. The conformed classification, wage rate, and/or fringe benefits shallbe retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)}When multiple wage determinations are included in a contract, a separate SF 1444should be prepared for each wage determination to which a class(es) is to beconformed.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 orderproposed 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 Wageand Hour Division, Employment Standards Administration, U.S. Department of Labor,for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, 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 decision to the contractor.6) The contractor informs the affected rmation required by the Regulations must be submitted on SF 1444 or bond paper.When preparing a conformance request, the "Service Contract Act Directory ofOccupations" (the Directory) should be used to compare job definitions to insurethat duties requested are not performed by a classification already listed in thewage determination. 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.D.2 Past Performance QuestionnaireThe Oklahoma City Veterans Affairs Medical Center (OKC VAMC) intends to acquire Grounds Maintenance and Grounds Housekeeping Services. As part of the procurement process, an increased emphasis is being placed on past performance as a source selection factor. In order to accurately evaluate the Quoter’s past performance, your assistance is requested in obtaining and verifying the past performance history of this Quoter. It is important to note that names of individuals providing reference information about a Quoter’s past performance will not be released to the Quoter/contractor. Two forms are provided to complete the evaluation:Performance Rating Form and Supplemental Comment Form.Please complete these and email them, marked “Attention: Monica Gary”, to the following:Monica.Gary@, orvia fax at (918) 684-9672In the subject line please insert: “solicitation no. - Past Performance Questionnaire – Insert Evaluated Company’s Name.” The following standards shall be used in arriving at the rating. Exceptional Contractor’s performance exceeded customer expectations and was technically acceptable, providing significant features or benefits.Acceptable Contractor met customer expectations or contract requirements and demonstrated a satisfactory understanding of the requirements.MarginalContractor’s demonstrated a less than satisfactory performance of the contract requirements.UnacceptableContractor did not meet customer expectations or contract requirements.Other If the element is not applicable, indicate with “N/A.” If no data has been obtained or additional comments are provided, please note in this column.Performance Rating FormNAME OF COMPANY EVALUATED: ADDRESS OF COMPANY EVALUATED: CONTRACT NUMBERCONTRACT PERIOD OF PERFORMANCECONTRACT VALUECONTRACT TYPECONTRACTING OFFICER NAME,ADDRESS, FAX AND TELEPHONE NUMBER, AND EMAIL ADDRESSTYPE OF SERVICES PERFORMED (ACTIVITY): NAME OF EVALUATOR, COMPANY/AGENCY, ADDRESS, FAX AND TELEPHONE NUMBER AND EMAIL ADDRESSDATE EVALUATION PROVIDEDPerformance ElementExceptionalAcceptableMarginalUnacceptableOtherTechnical Performance (Quality of Product or Service)1. QUALITY OF TECHNICAL APPROACH(For example: Were the services comprehensive, complete, and feasible? (Met the needs, performed successfully, and accommodated changing requirements.)2. UNDERSTANDING OF REQUIREMENTS(For example: Did the contractor show an understanding of the scope of the requirements and an appreciation of the complexity of the requirements? And did the contractor effectively identify flaws, inconsistencies and other inaccuracies in your technical direction?)Timeliness of Performance3. EFFECTIVE AND EFFICIENT USE OF RESOURCES(For example: Was the contractor able to obtain in a timely manner the amount and type of personnel resources required to support the project, effectively train personnel to perform the work required for the project, and maintain the required workforce throughout the term of the contract?)4. TIMELINESS OF PERFORMANCE(For example: Was the contractor successful in planning and proposing realistic schedules, monitoring performance, completing work on time, and implementing corrections/changes in a timely manner?)Quality / Customer Satisfaction5. QUALITY OF PERFORMANCE/CUSTOMER SATISFACTION(For example: Was the contractor committed to customer satisfaction?)6. BUSINESS BEHAVIOR(For example: Was the contractor reasonable and cooperative at the corporate and program levels in response to changes in technical direction, correcting errors, poor performance, criticism/rejection of contract deliverables and other quality issues?)7. COMMUNICATION(For example: Did the contractor work and communicate well with contracting officers, contracting officer’s technical representatives, end users, other contractors, subcontractors, and in-house staff?)Cost Control 8. COST CONTROL(For example: Was the contractor successful in planning and proposing realistic costs, monitoring performance, operating at or below budget, and implementing corrections/changes in a cost effective manner?) FOR #9, PLEASE ANSWER “Yes” or “No”, as appropriateYESNO9. Given the choice, would you do business with this contractor again?Supplemental Comment FormPlease provide any additional comments regarding your performance element ratings in the space below. Please add additional pages as necessary.SECTION E - SOLICITATION PROVISIONS (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: The following factors shall be used to evaluate offers. Refer to Addendum to 52.212-2 for Priority Statements of factors and subfactors.PriceTechnical Approach, Past Performance and Key Personnel (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). (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. E.2 ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)In addition to provision FAR 52-212-2, Evaluation of Commercial Items, and in accordance with FAR Part 15.304(e), Evaluation Factors and Significant Subfactors, the following clarification on Evaluations is provided.Priority Statement: Award will be made to the quoter whose quote meets the Government’s requirements and whose technical quote and price represent the best value to the Government. The following Priority Statements provide the relative order of importance of the factors and subfactors.The evaluation of quotes will be based on the following factors listed in descending order of importance: Technical Approach, Past Performance and Key Personnel When combined, the non-price evaluation factors of (1) Technical Approach, (2) Past Performance and (3) Key Personnel are more important than price. As the non-price factors of quotes become more equal, price becomes more important in making the award determination. In the event that two or more quotes are determined not to have any substantial differences pertaining to non-price factors (i.e. non-price factors are technically equivalent), award may be made to the lower priced quote. It should be noted that award may be made to other than the lowest priced quote if the Government determines that a price premium is warranted due to merit given to non-price factors. The Government may also award to other than the highest technically rated quote (including non-price factors), if the Government determines that a price premium is not warranted.Award may also be made on the basis of initial quotes without discussions. Quoters are therefore cautioned that each initial quote should contain the Quoter’s best terms. The Performance Work Statement (PWS) and RFQ reflect current VA policies and practices, allowing vendors to provide their best response and best price to satisfy the known requirements and within the constraints listed in the PWS. Evaluation Factors Technical quotes submitted in response to this RFQ will be evaluated as follows:Factor 1 - Technical Approach: Ability to understand the requirements of the PWS and ability to satisfy the required services in accordance with the PWS. Quoters shall provide brief statements addressing the following with relation to satisfying the PWS and contract: Contracting Tasks and Requirements, Service Reports, Quality Control Procedures (QCP), Safety Data Sheets (SDS), Biobased Products to be used in performing the contract (per categories listed by USDA in 7 CFR part 3201, subpart B), as well as the intended approach to the provision and sustainment of Key Personnel (consideration given to FAR clause 52.222-17), The quoter shall limit descriptive narrative and illustrations to three (3) pages for this factor. Factor 2 - Past Performance of the Quoter: Experience with contracts for services of a similar nature to those identified in the PWS. Past performance will be evaluated on the basis of the quality of service provided and timeliness of delivery. The past performance should include brief statements of at least three (3) contracts you have performed within the past 4 years that are similar in size and scope to this requirement. The quoter shall limit descriptive narrative and illustrations to three (3) pages for this factor. Quoters shall provide their stated referees a copy of the VA Past Performance Questionnaire at Section D of the RFQ and request the referee complete and submit the questionnaire directly to the VA as instructed in Section D of RFQ. Include all of the following information for the three (3) referees in the quote: Name of Agency/Organization Contract number Contract type Total contract value Description of contract work Contracting officer (or similar representative) name, telephone #, and email address Factor 3 - Key Personnel: Ability of Key Personnel to qualify and maintain participation in satisfying the requirements of the PWS and Contract. Provide brief statements profiling all proposed Technically Trained Personnel, Supervisors and Contractor Representatives, identifying qualifications, experience, certifications, and academic achievements as they relate to the performance of the services per the PWS (consideration given to FAR clause 52.222-17). IMPORTANT: Remove social security numbers from documents before submitting. The quoter shall limit descriptive narrative and illustrations to three (3) pages for this factor. E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (APR 2014) (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 or 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) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 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 "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at . An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (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:E.4 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.(End of Provision)E.5 ADDENDUM TO 52.212-1 INSTRUCTIONS TO QUOTERS – COMMERCIAL ITEMS This is a solicitation – issued as a Request for Quote (RFQ)- for commercial services, to include commercial items, prepared in accordance with the format in FAR Part 15 and FAR Subpart 12.6 as supplemented with additional information included in this notice. This solicitation reference number is listed on page one (1) of this solicitation. This is NOT a request for proposal (RFP) and the government does not intend on holding negotiations.Written quotes are required (oral quotes will not be accepted). Submission of quotes must be in accordance with FAR 52.212-1, Instructions to Quoters – Commercial Items. This is a Lowest-Price-Technically-Acceptable (LPTA) procurement for the purpose of obtaining best value of the Government. The Government will award a firm-fixed price contract resulting from this solicitation to the responsible Quoter submitting an overall quote that is determined technically acceptable with the lowest evaluated price, based on evaluation of factors and subfactors as described in the Priority Statement, Addendum to 52.212-2. Refer to Evaluation Factors and Information to Quoters. The socio-economic set-aside selection, the NAICS Code and the size standard are listed on page one (1) of this solicitation. Solicitation Point of Contact (POC): Monica Gary, Contract Specialist, Monica.gary@ Fax: (918) 684-9672When: Quotes are due per the time and date indicated on page one (1) of this solicitation. How: Quotes are to be submitted electronically by email. Complete Quotes shall be submitted as follows:Emailed to the Solicitation POC. Email Size: Each email is not to exceed 5mb each. Include subject line: “Company Name, solicitation number”Indicate the number of emails submitted as part of the quoteTo POST or FAX: Notify the Solicitation POC at least 24 hours in advance of the Due Date/Time if a posted or faxed quote submission is preferred. Posted or faxed quote submissions must be marked for: “Company Name, solicitation number” and attention to the Solicitation POCDocumented tracking and confirmation of delivery is the responsibility of each Quoter. Late or Non-responsive Quotes: It is the responsibility of each Quoter to ensure their quote is delivered Complete, on time and in full, per this solicitation. The VA Contracting Specialist will review the quotes received for completeness, and may reject any incomplete quotes. What to Submit: A Complete Quote will consist of one (1) original of the following documents. Page 1 of this solicitation completed (this is preferred in lieu of an quote cover letter) and must include:date and signature by a representative of the company authorized to submit the quote,the quote expiration date,Quoter’s confirmation of availability to start service (pending contract),Quoter’s DUNS number or ORCA application status, andQuoter’s business sizeVendor’s acknowledgement of any solicitation amendments using Section B of the solicitationCompleted Price/Cost Schedule (inc. Unit prices and extended prices for each Item); Technical Approach StatementsPast Performance StatementsKey Personnel Statements Past Performance Questionnaires (submitted via each referee)Site Visits are scheduled for the following dates:11 September 2015 – both locations14 September 2015 – both locationsIt is anticipated that each site visit may take at least 1-2 hours per location in order to view the entire facility requiring service. Vendors must RSVP their site visit attendance by nominating a date in writing to the Solicitation POC at least one business day before the date of attendance. Queries and Questions must be addressed in writing to the Solicitation POC. Telephone requests for the solicitation will not be accepted or honored. Telephone questions and answers regarding this solicitation will not be considered valid. Technical questions will only be answered when addressed in writing and only when submitted to the Solicitation POC. Technical questions are due one (1) business day prior to the Closing Date and Time indicated on page 1 of the solicitation.E.6 52.237-1 SITE VISIT (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.(End of Provision)E.7 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.(End of Provision)E.8 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.9 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 NumberTitleDate52.223-4RECOVERED MATERIAL CERTIFICATIONMAY 200852.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONSDEC 2012(End of Addendum to 52.212-1)E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAR 2015) The offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (p) of this provision. (a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. “Forced or indentured child labor” means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. “Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. “Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. “Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). “Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except— (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. “Sensitive technology”— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). “Service-disabled veteran-owned small business concern”— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. “Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. “Subsidiary” means an entity in which more than 50 percent of the entity is owned— (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. “Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. “Women-owned small business concern” means a small business concern— (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. “Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website 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 $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. 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. By submission of its offer, the offeror represents that— (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall 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 $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if— (i) This solicitation includes a trade agreements certification (e.g., 52.212–3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation.) (1) The Offeror represents that it [ ] 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)(End of Provision) ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download