HomeMy WebLinkAbout5010ORDINANCE NO. 5 0 I 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE OF FUNDS ]FROM THE U.S.
GENERAL SERVICES ADMINISTRATION FOR THE DESIGN AND
ADVERTISEMENT FOR BID PRICES TO CONSTRUCT A SIGNALIZED
INTERSECTION ON ~C' STREET SW.
WHEREAS, the City Council of
adopt and approve all appropriations
Chapter 35A.33 RCW; and
NOW, THEREFORE, THE CITY
WASHINGTON, DO ORDAIN AS FOLLOWS:
the City of Auburn must
by Ordinance pursuant to
COUNCIL OF THE CITY OF AUBURN,
Section 1. Pursuant to Chapter 35A.33 RCW, the City
Council hereby approves expenditure and appropriation of funds
from the U.S. General Services Administration (GSA) which will
be used for the design and advertisement for bid prices to
construct a signalized intersection at "C" Street SW, in the
amount not to exceed $20,000.00.
execute a Contract between the
is attached hereto as Exhibit
by reference.
Section 2. The Mayor is
such administrative procedures
out the directions of
This authorizes the Mayor to
City and GSA, a copy of which
"A" and is incorporated herein
hereby authorized to implement
as may be necessary to carry
this legislation.
Ordinance No. 5010
August 18, 1997
Page !
Section 3.
force five (5)
publication, as
This Ordinance shall
days from and after its
provided by law.
take effect and be in
passage, approval and
INTRODUCED:
ATTEST:
CHARLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS ~RM:
Michael J. Reynolds,
City Attorney
Published:
·
Ordinance No. 5010
August 18, 1997
Page 2
,' :' SOLICITATION/CONTRACT [~ [~ [ ['t ~11L U"DE:"II~Y"~0N0~0~
BIDDER/OFFEROR TO ,COMPLETE BLOCKS 11, 13, 15, 21, 22, &27. [
GS-10P-97-LTC-1111 Same as Block 2 [] ~,~EDmDS ~ NEGOT,A*ED
General Services ~]min~stration
PAGE 1 OF
38
Project Services, 10PCPB
400 15th Street SW
Auburn, WA 98001-6599
NO COLLECT CALL
] UNRESTRICTED
] BET ASIDE: q~ FOR
[] SMALL BUSINESS
SIC: SiZE STANDARD:
9,(AGENCY USE)
t0. ,TEMS TO EE RURCHASED IBR, EF OESCR,,T,ON)
[] SUP~U,~S [] BERV,CES Feasability Study for installation of a traffic light.
11 IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN CALENDAR DAYS
FAClL;TY
13. CONTRACTOROFFERORCOoE.L J CODE I
City of Auburn
15 PROMPT PAY DISCOUNT
General Services A~minJ. stration
Project Services, 10PCPB
400 15th Street
Auburn, WA 98001-6599
PAYMENT WILL BE MADE BY
GSA, Finance Division
Accounts Payable, 7BCP
PO Box 17181
Ft. Worth, TX 7610~
16 AUTHORITY FOR USING OTHER THAN
COOE[
CODEI
L
FULL AND OPEN COMPETITION
17.
ITEM NO
SCHEDULE OF SUPPLtEE/EERVICES
Provide a study to determine feasibility,
requirements and costs for the installation
of a traffic light at the intersection of
C Street and the truck entry to the GSA
Facility.
23 ACCOUNTING AND APPROPRiATiON DATA
P48451527
192.X.P1020020.61.25.454.516
IOUSC 2304 cT USC 253
E] (cl ) [] ,
JNIT PRICE AMOUNT
$20,000.00
25 CONTRACTOR IS REOUIRED TO SIGN THIS OOCUMENT AND RETURN 2 COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
~[OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION BHEETE SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED HEREIN.
2r~ AWARD OF COHTRACT: YOUR OFFER ON SOLICITATION NUMEE~
SHOWN iN BLOCK 4 INCLU0[NG ANY ADDITIONS OR CHANGES WHICM
ARE EET FORTH HEREIN. ~E ACCEPTED AB TO ITEMS:
NAME OF CONTRACTING~[~)'~(~:I~i,~ GIFFORD ~) I.) DATE SIGNED
CONTRACTING 0FRCiER
REPRESENTATIONS AND CERTIFICATIONS (Small Purchases)
Name and Address of Offeror ~.~.
(name, street, city, state and zip code)
DUNS Number
FAR 52,2t9-1 SMALL BUSINESS PROGRAM REPRESENTATION (JAN 1997)
(a)(1) The standard industrial classification (SIC) code for the acquisition is 8711 .(insert
SIC Code).
(2) The small business size standard is (insert size standard).
(3) The small business size standard for a concern which submits an offer in its own name, other
than on a construction or service contract, but which proposes to furnish a product which it did
not itself manufacture, is ~'~0 employees.
(b) Representation. (1) The offeror represents as part of its offer that it [] is, [] is not a small business
concern.
(2) (Complete only if offeror represented itself as a small business concern iN block (b)(1) of this
section.) The offeror represents as part of its offer that it r-I is, E) is not a small
disadvantaged business concern.
(3) (Complete only if offeror represented itself as a small business concern in block (b)(1) of this
section.) The offeror represents as part of its offer that it [] is, J~ is not a women-owned
small business concern.
(c) Definitions. "Joint venture", for purposes of a small disadvantaged business (SDB) set-aside or price
evaluation preference (as prescribed at 13 CFR 124.321), is a concern that is owned and controlled
by one or more socially and economically disadvantaged individuals entering into a joint venture
agreement with one or more business concerns and is considered to be affiliated for size purposes
with such other concern(s). The combined annual receipts or employees of the concerns entering into
the joint venture must meet the applicable size standard corresponding to the SIC code designated for
the contract. The majority of the venture's earnings must accrue directly to the socially and
economically disadvantaged individuals in the SDB concern(s) in the joint venture. The percentage of
the ownership involvement in a joint venture by disadvantaged individuals must be at least 51 percent.
"Small business concern", as used in this provision, means a concern, including its affiliates, that
is independently owned and operated, not dominant in the field of operation in which it ~s bidding on
Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and
the size standard in paragraph (a) of this provision.
"Small disadvantaged business concern", as used in this provision, means a small business
concern that (1) is at a publicly owned business having at least 51 percent of its stock unconditionally
owned by one or more socially and economically disadvantaged individuals, and (2) has its
management and daily business controlled by one or more such individuals. This term also means a
small business concern that is at least 51 percent unconditionally owned by an econornically
disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned bOsiness having at
least 51 percent of its stock unconditionally owned by one or more of these entities, which has its
management and daily business controlled by members of an economically disadvantaged Indian
tribe or Native Hawaiian Organization, and which meets the requirements of 13 CFR Pa~t 124.
"Women-owned small business ", as used in this provision, means a small business concern-
REV 07/28/97 1
(1) VVhich 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.
(d) Notice. (1) If this solicitation is for supplies and ha~ been set aside, in whole or Jn part, for
small business concerns, then the clause in this solicitation providing notice of the set-aside
contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.SC. 645(d), any person who misrepresents a firm's statue as a small or
small disadvantaged business concern in order to obtain a contract to be awarded under
the preference programs established pursuant to sections 8(a), 8(d), 9, or 15 of the Small
Business Act or any other provision of Federal Law that specifically references section
8(d) for a definition of program eligibility, shall -
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment;
and
(iii) Be eligible for participation in programs conducted under the authority of the
Act.
(End of provision)
FAR 52.519-t9 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS
COMPETITIVENESS DEMONSTRATION PROGRAM (JAN t997) (Only applicable to designated
groups: 'construction SIC 15,16, 17 excludes dredging; refuse SIC 4212 or 4953; AlE SIC 7389,
8711, 8712 or 8713; and non-nuclear ship repair SIC 3731) )
(a) Definition. "Emerging small business" as used in this solicitation, means a small business concern
whose size is no greater than 50 percent of the numerical size standard applicable to the standard
industrial classification code assigned to a contracting opportunity.
(b) (Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small
business concern under the size standards of this solicitation.)
The Offeror represents and certifies as part of its offer that it [ ] is, [ ] is not an emerging small
business.
(c) (Complete only if the Offeror is a small business or an emerging small business, ind caring its size
range.)
Offeror's number of employees for the past 12 months (check this column if size standard stated in
solicitation is expressed in terms of number of employees) or Offeror's average annual gross revenue for
the last 3 fiscal years (check this column if size standard stated in solicitation is expressed in terms of
annual receipts). (Check one of the following).
No. of Employees Avg. Annual Gross Revenues
__50 or fewer $1 million or less
__51 - 100 $1,000,001 - $ 2 milJion
__101 - 250 $2,000,001 - $3.5 million
~ 251 - 500 $3.500,001 - $5 million
501 - 750 __.$5,000,001 - $10 million
751 - 1,000 $10,000,001 - $17 million
__ Over 1,000 Over $17 million
(End of provision)
FAR 52,219-20 NOTICE OF EMERGING SMALL BUSINESS SET-ASIDE (JAN 1991)
(Applicable for solicitations set aside for emerging small business).
Offers or quotations under this acquisition are solicited from emerging small business concerns only.
Offers that are not from an emerging small business shall not be considered and shall be rejected.
REV 07/28/97
2
(End of provision)
FAR 52.219-21 SMALL BUSINESS SIZE REPRESENTATION FOR TARGETED INDUSTRY
CATEGORIES UNDER THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM
(JAN 1997)
(Applies only if small business competitive demonstration program is used).
(Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small business
concern under the size standards of this solicitation.)
Offeror represents as follows:
Offeror's number of employees for the past 12 months (check this column if size standard stated in
solicitation is expressed in terms of number of employees) or Offeror's average annual gross revenue for
the last 3 fiscal years (check this column if size standard stated in solicitation is expressed in terms of
annual receipts). (Check one of the following.)
No. of Employees
Avg. Annual Gross Revenues
50 or fewer
51 - 100
.~..101 - 250
· ~' 251-500
' · 501 - 750
751 - 1,000
__Over 1,000
$1 million or less
$1,000,001 - $ 2 million
__$2,000,001 - $3.5 millior~
__~$3.500,001 - $5 million
__$5,000,001 - $10 million
$10,000,001 - $17,million
Over $17 million
(End of provision)
52.204-3 TAXPAYER IDENTIFICATION. (MAR 1994)
(A) Definitions.
"Common parent," as used in this solicitation provision, means that corporate entity' that owns or
controls an affiliated group of corporations that files its Federal income tax returns on a consolidated
basis, and of which the offeror is a member.
"Corporate status, "as used in this solicitation provision, means a designation as to whether the
offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a
corporation providing medical and health care services.
"Taxpayer Identification Number (TIN),:" as used in this solicitation provision, means the number
required by theiRS to be used by the offeror in reporting income tax and other returns.
(b) All offerors are required to submit the information required in paragraph(e) through (e) of this
solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041,6041A and 6050M
and implementing regulations issued by the Internal Revenue Service (iRS). If the resulting contract is
subject to the reporting requirements described in FAR 4.903, the failure or refusal by the offeror to furnish
the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) Taxpayer Identification Number (TIN).
[] TIN: 4~ 1_~30-i~..~'~
[] 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 U.S and cloes not have
an office or place of business or a fiscal paying agent in the U.S.;
[] Offeror is an agency or instrumentality of a foreign government;
~ Offeror is an agency or instrumentality of a Federe], state, or local government; 4~ I--(~OC~ [2~
REV 07/28/97 3
[] Other, state Basis,
(d) Corporate Status.
[] Corporation providing medical and health care services, or engaged in the billing and collecting
o~' payments for such services;
[] Other corporate entity:
[] Not a corporate entity:
[] Sole proprietorship
[] Partnership
[] Hospital or extended care facility described in 26 CFR 501 (c)(3) that is exempt from
taxation under 26 CRF 501(a).
(e) Common Parent.
[] Offeror is not owned or controlled by a common parent as defined in paragraph (,a) of this
clause.
[] Name and TIN of common parent:
Name
TIN
(End of provision)
52.222';21,CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)
(a) "Segregated Facilities", as used in this provision, means any waiting roon,ls, work areas, rest
rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and
other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees, that are segregated by
explicit directive or are in fact segregated on the basis of race, color, religion, or national origin
because of habit, local custom, or otherwise.
(b) By the submission of this offer, the offeror certifies that it does not and will not maintain or
provide for its employees any segregated facilities at any of its establishments, and it does not
and will not permit its employees to perform their services at any location under its control
where segregated facilities are maintained. The offeror agrees that a breach of this
certification is a violation of the Equal Opportunity clause in the contract
(c) The offeror further agrees that (except where it has obtained identical certifications from
proposed subcontractors for specific time periods) it will -
(1) Obtain identical certifications from proposed subcontractors before the .award of
subcontracts under which the subcontractor will be subject to the Equal Opportunity
clause;
(2) Retain the certifications in the files; and
(3) Forward the following notice to the proposed subcontractors (except if the proposed
subcontractors have submitted identical certifications for specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS
OF REQUIREMENT FOR CERTIFICATIONS OF
NONSEGREGATED FACILITIES.
A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract
under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be
submitted either for each subcontract or for all subcontracts during a period (i.e. quarterly, semiannually,
or annually). NOTE: The penalty for making false statements in offer is prescribed in 18 U.:S.C. 1001.
(End of provision)
REV 07/28/97 4
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984)
The offeror represents that -
(a) It I-I has [] has not participated in a previous contract or subcontract subject either to the
Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of
Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No.
11114;
(b) It [] has i--I has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed
subcontractors, will be obtained before subcontract awards.
(End of provision)
52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984).
The offeror represents that (a) it'~ has developed and has on file, [] has not developed and does
not have on file, at each establishment, affirmative action programs required by the rules arid regulations
of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it * has not previously had contracts subject to
the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(End of Provision)
52.223-4' RECOVERED MATERIAL CERTIFICATION (MAY 1995)
The offeror certifies, by signing this offer, that recovered materials, as defined in FAR 23.402, will
be used as required by the applicable purchase descriptions
(End of provision)
52.225-1 BUY AMERICAN CERTIFICATE (DEC 1989)
The offeror certifies that each end product, except those listed below, is a domestic end product (as
defined in the clause entitled "Buy American Act-Supplies"), and that components of unknown origin are
considered to have been mined, produced, or manufactured outside the United States.
Excluded End Products Country of Origin
(List as necessary)
Offerors may obtain from the contracting officer lists of articles, materials, and supplies excepted from the
Buy American Act.
(End of provision)
52.204-5 WOMEN-OWNED BUSINESS (OCT 1995)
(a) Representation. The offeror represents that it [] is, [~is not a women-owned business concern.
(b) Definition. "Women-owned business concern," as used in this provision, means a concern which is at
least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more women; and whose management and daily
business operations are controlled by one or more women.
REV 07/28/97 5
(End of provision)
552.225-75 BUY AMERICAN ACT NOTICE - CONSTRUCTION MATERIALS (JAN 1994)
(Applies to construction contracts, $6,500,000 and under)
(a) The Buy American Act (41 U.S.C. 10) generally requires that only domestic construction
material be used in performing this contract (See the clause entitled "Buy American Act ~
Construction Materials"). This requirement does not apply to the excepted construction
material or components listed below:
(List applicable excepted materials or indicate "none".)
(b) Offers based on the use of other foreign construction material may be acceptable for award if
the Government determines that -
(1) Comparable domestic construction material in sufficient and reasonably available
quantities, of a satisfactory quality, is unavailable; or
(c)
(2) Use of comparable domestic construction material is impracticable or would
unreasonably increase the cost of this contract.
Any offer based on the use of one or more other foreign construction materia!s shall include
current data, based on a reasonable canvass of suppliers, in the format listed in paragraph (g)
below, clearly demonstrating that the cost of each foreign construction material, plus 6
percent, is less than the cost of each comparable domestic construction material. The cost of
construction material shall include all delivery costs to the construction site and any applicable
duty (whether or not a duty-free entry certificate may be issued).
(d) For evaluation purposes, the Government will add to the offer 6 percent of the cost of other foreign
construction material that qualifies for acceptance under paragraph (c) above.
(e) When offering other foreign construction material, offerors may also offer, at stated prices,
any available comparable domestic construction material to avoid the possibility that the entire
offer will be rejected if the other foreign construction material is not accepted under (c) above.
if any other foreign construction material does not qualify for acceptance undei paragraph (c)
above, the Government will evaluate the offer on the basis of the stated price for comparable
domestic construction material, and the offeror shall be required to furnish :such domestic
construction material at that price. If the offeror does not state a price for a comparable
domestic construction material, and the other foreign construction material does not qualify for
acceptance under paragraph (c) above, the offer will be rejected in sealed bid procurements
and may be rejected in negotiated procurements
(f) If the foregoing procurement results in a tie between a foreign offer as evaluated and a
domestic offer, award shall be made on the domestic offer, in such case, offers proposing to
use any foreign construction material will be considered to be foreign offers.
(g)
For evaluation purposes under paragraph (c) above, the following information and any
applicable supporting data based on the canvass of suppliers shall be included in the offer for
the use of one or more other foreign construction materials:
FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS COST COMPARISON
Construction material
Unit Quantity Cost (dollars)*
REV 07/28/97
description
of measure
Item 1:
Foreign construction
material,
Comparable domestic
construction material.
Item 2:
Foreign construction
material
Comparable domestic
construction material.
*includes all delivery costs to the construction site and any applicable duty.
(End of provision)
REV 07/28/97 7
CATEGORY
GENERAL
STANDARD OF
CONDUCT
BUY AMERICAN
ENVIRONMENTAL
PROTECTION
LABOR
STANDARDS
SUBCONTRACTING
SERVICE CONTRACT CLAUSES
INDEX
(CLAUSES INCORPORATED BY REFERENCE)
CLAUSE
NO.
1
2
3
4
5
*6
*7
8
10
11
12
14
15
16
17
18
48CFR
REFERENCE
52.202-1
552.203-70
52.214-29
52.215-33
52.233-3
52.252-2
52.252-6
552.252-6
52.253-1
52.203-3
52.20%5
52.203-7
52.203-12
52.225-3
5Z223-2
52.223-5
52.223-6
APPLICABLE CLAUSE TITLE
TO,CONTRACTS
EXCEEDING
Definitions 110/95) $0
Restriction on Advertising(12/90) $100,000
Order of Precedence -Sealed $0
Bidding(I/86)
Order of Precedence (1/86) S0
Protest After Award (8/96) $0
Clauses Incorporated By Reference $0
(Jun 88)
Authorized Deviations or Variations $0
in Clauses (Jul 85) Deviation FAR
52.252-6
Computer Generated Forms(Jan 91)
Gratuities (Apr 84)
Covenant Against Contingent Fees
(Apr 84)
Anti-Kickback Procedures(Jul 95)
Limitation on Payments to lnfluence
Certain Federal Transactions (Jan
90) Deviation
Buy American Act-Supplies (Jan
94)
Clean Air and Water (Apr 84)
19
20
21
'22
23
24
25
26
27
28
52.222-1
52.222-3
52.222-4
52.222-26
52.222-35
52.222-37
52.222-36
52.209-6
52.219-8
552.219-9
Pollution Prevention and Right-to-
Know Information (3/97)
Drug-Free Workplace (Jan 1997)
$0
$0
$100,000
$100,000
$100,000
Notice to the Government of Labor
Disputes (Feb 97)
Convict Labor (Aug 96)
Contract Work Hours and Safety
Standards Act - Overtime
Compensation (Jul 95)
Equal Opportunity (Apr 84) $10~000
Affirmative Actioa for Special $10,000
Disabled and Vietnam Era Veterans
(Apr 84) Deviation
Employment Reports on Special $10,000
Disabled Veterans and Veterans of
the Vietnam Era (Jan 88)
Affirmative Action for Handicapped $2,500
Workers (Apr 84)
Protecting the Government's $25,000
Interest When Subcontracting with
Contractors Debarred, Suspended,
or Proposed for Debarment (Jul 95)
Utilization of Small Business $100,000
Concerns and Small Disadvantaged
Business Concerns (Oct 95)
Small Business and Small $500,000
$2,500
$100,000
$0
SO-if awarded to
indi vidual $100,000-
if awarded to firm
$0
$2,500
$100,000
TAXES
PERFORMANCE
PAYMENT
ADJUSTMENTS
~29
30
31
32
*33
34
35
36
*37
*38
*39
52.219-16
52.229-3
52.229-5
52.237-2
52.232-g
52.232-11
52.232-17
52.232-23
52.232-25
52.203-8
52.203-10
40 552.243-70
DISPUTES 41 52.233-1
42 552.233-70
OTHER 43
AUDITS/COST OR 44
PRICING DATA
45
46
47
48
49
50
'51
52
52.248-1
52.214-26
52.214-27
52.214-28
52.215-22
52.215-23
52.215-24
52.215-25
52.215-2
52.233-3
Disadvantaged Business Sub-
Contracting Plan (Aug 96)
Liquidated Damages-Small $500,000
Business Subcontracting Plan (Oct
95)
Federal, State, and Local Taxes (Jan $100,000
91)
Taxes-Contracts Performed in U.S. $10D,000
Possessions or Puerto Rico (Apr 84)
Protection of Government $0
Buildings, Equipment, and
Vegetation (Apr 84)
Disconnts for Prompt Payment(May $0
97)
Extras (Apr 84) $0
Interest (Jun 96) $10O,000
Assignment of Claims (Jan 86) $1,000
Prompt Payment (May 97) $0
Cancellation, Rescission and $100,000
Recovery of Funds for lllegal or
Improper Activity (Jan 97)
Price or Fee Adjustment for lllegal $100,000
or Improper Activity(Jan 97)
Pricing of Adjustments(Apr 89) $0
Disputes (Oct 95) $0
Disputes (Utility Contracts) (Apr $0
84)
Value Engineering (March 1989) $100,000
Audit-Sealed Bidding (Oct 1995) $500,000
Price Reduction for Defective Cost $500,000
or Pricing Data - Modifications -
Sealed Bidding (Oct 1995)
Subcontractor Cost and Pricing Data $500,000
- Modifications - Sealed Bidding
(Oct 1995)
Price Reduction for Defective Cost $500,000
or Pricing Data (Oct 1995)
Price Reduction for Defective Cost $500,000
or Pricing Data - Modifications (Oct
1995)
Subcontractor Cost or Pricing Data $500,000
(Oct 1995)
Subcontractor Cost or Pricing Data- $500,000
Modifications(Oct 1995)
Audit - Negotiation (Aug 1996) $500,000
Protest After Award (Aug 1996) $100,000
SUPPLEMENTAL CONTRACT CLAUSES FOR BUILDING SERVICE CONTRACTS-INDEX
CATEGORY
REFERENCE PARA CLAUSE TITLE.
CONTRACTS.
INSURANCE 52.228-5
PAYMENT
*52.232-33 5
EMPLOYEES 552.237-71 6
52.207-3 7
CHANGES 52.243-1 8
TERMINATION 52.249-1 9
EXCEEDING
OTHER
52.249-2 10
52.249-8 11
52.204-4 12
52.203-10 13
52.217-9 14
552.232-77 15
52.219-6 16
* 17
'52.219-14 18
552.237-70 19
52.222-43 20
Over 100K
Insurance-Work on a Government Installation
(Jan 97)
52.246-25 2 Limitation of Liability~Services (Fab 97) Over 100K
552.228-75 3 Workman's Compensation Laws (Apr 84) Over 100K
52.232-9 4 Limitation on Withholding of Payments (Apr If applicable
84)
Mandatory Information £or Electronic Funds
Transfer Payment (Aug 96)
Qualification o£ Employees (May 89)
Right of First R. efi~sal of Employment (Nov 91)
Changes-F/xed Price/Alt I (Apr 84)
Termination for Convenience of the
Govermnent (Fixed-Price) (Short Form) (Apr
84)
Termination for Convenience o£the
Government (Fixed-Price) (Sept 96)
Default (Fixed-Price Supply and Service) (AUG
96)
Printin~Copying Double-Sided on Recycled
Paper (Jun 96)
Price or Fee Adjustment for Illegal or Imprope, r
Activity (Jan 97)
Option to Extend the Term of the Contract-
Services (Mar 89)
Availability of Funds (Apr 84)
Notice of Total Small Business Set-Aside (Jul
96)
Rate, Charges and Public Regulation
52.242-13 26
52.203-6 27
* 28
52.223-12 29
Except Credit Card
Payments
Over 100K
Only A76 Projects
52.223-14 30
100K or Less
Over 100K
Over 100K
100K & Over
Over 100K
ALL
ALL
TRASH
REMOVAL
Limitations on Subcontracting (Dec 96)
Qoalifications of Offerors (May 89) ALL
Fair Labor Standards Act and Service Contract OTHER THAN
Act-Price Adjustment (Multiple year and JWOD
Option Contracts) (May 89)
52.222-44 21 Fair Labor Standards Act and Service Contract JW'OD
Act-Price Adjustment (May 89)
*52.222-47 22 Service Contract Act (SCA) Minimum Wages Applicable if
and Fringe Benefits (May 89) incumbent union
52.203-12 24 Limitations on Payments to Influence Certain Over 100K
Federal Transactions (Jan 90) (Deviation)
52.215-39 25 Reversion or Adjustment of Plans for Post- Negotiated over
retirement Benefits Other than Pensions 500K
(PRB)(Mar 96))
Bankruptcy (Jul 95) Over 100K
Restrictions on Subcontractor Sales to the 100K
Government (Applies over 100K) (Jul 95)
Safety and Health ALL
Refrigeration Equipment and Air Conditioners ALL
(May 95) (for maintenance, repair, or disposal
of any equipment or appliance using class 1 or
class 1I ozone-depleting as a refrigerant, such as
air conditioners, including ntotor vehicle,
refrigerators, chillers or freezers)
Toxic Chemical Release Reporting (Oct 96) $100,000
(Applies to competitive contracts expected to
exceed $100,000 and which include 52.223-13 )
52.223-5 31 Pollution Preveotion and Right-to-Know ALL
Information(Mar 97)
(*7)
52.252-6 Authorized Deviations or Variations in Clauses (Deviation FAR 52.252-6) (JUL, 1985)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized
deviation or variation is indicated by the addition of"(DEVIATION)' or "(VARIATION)" after the date of the clause, if the clause is
not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5). The use in this solicitation of any
Federal Acquisition Regulation (FAR) clause with an authorized deviation or variation that is published in the General Services
Administration Acquisition Regulation is indicated by the addition of"(DEVIATION (FAR clause no.)" or VARIATION (FAR
clause no.))" after the date of the clause
(b) The use in this solicitation of any General Services Administration Acquisition Regulation clause with an authorized deviation or
variation is indicated by the addition of "(DEVIATION)" or "(VARIATION)" after the date of the clause. '~
(c) Changes in wording of provisions that are prescribed f?r use on a "substantially the same as" basis arc not considered deviations.
Therefore, when such provisions are not worded exactly the same as the FAR or GSAR provision, they are identified by the word
"(VARIATION)."
(end of clause)
(*33)
52.232-8 Discounts for Prompt Payment. (May 1997)
(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part
of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to
offering a prompt payment discount in conjunction with the offer, offerors awarded contracts may include prompt payment discounts
on individual invoices.
(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the
Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated hilling office receives a
proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of
computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for
an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when
Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the
following business day.
(End of clause)
(*37)
52.232-25 Prompt Payment. (MAY 1997)
Notwithstanding any other payment clause in thi? contract, the Government will make invoice payments and contract financing
payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is
dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in section 32.902 of the Federal
Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (Hox~ ever, see subparagraph
(a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)
(a) invoice payments. (1) Due date--(i) Except as indicated in subparagraph (a)(2) and paragraph (c) of this clause, the due date for
making invoice payments by the designated payment office shall be the later of the following two events:
(A) The 30th day after the designated billing office has received a proper invoice from the Contractor (except as provided in
subd ivision (a)( 1 )(ii) of th is clause).
(B) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice
where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date
of the contract settlement.
'(ii) Iftl4e designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice
payment due date shall be the 30th day after the date of the Contractor's invoice; provided a proper invoice is received and there is no
disagreement over quantity, quality, or Contractor compliance with contract requirements.
(2) Certain food products and other payments. (i) Due dates on Contractor invoices for meat, meat food products, or fisb; perishable
agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are--
(A) For meat or meat food products, as defined in section 2(a)(31 of the Packe[s and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as
further defined in Pub. L. 98-181, including any edible flesh or frozen poultry meat, any perishable poultry meat food product, fresh
eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product deli,,ery.
(B) For flesh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close
as possible to, but not later than, the 7th day after product delivery.
(C) For perishable agricultural commodities, as defined in section 1(41 of the Perishable Agricultural Commoclities Act of 1930 (7
U.S.C. 499a(411, as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the
contract.
(D) For dairy products, as defined in section 11 l(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats
or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on
which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream,
mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to
refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will
be followed in sl~ecifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact,
prevailing industry ~ractice is upon the Contractor making the representation.
(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the clue date will be as
specified in the contract.
(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A
proper invoice must include the items listed in subdivisions (a)(3)(i) through (a)(3)(viii) of this clause. If the invoice does not comply
with these requirements, it shall be returned within 7 days after the date the designated billing office received the invoice (3 days for
meat, meat food products, or fish; 5 days for perishable agricultural commodities, edible fats or oils, and food products prepared from
edible fats or oils), with a statement of the reasons why it is not a proper
invoice. Untimely notification will be taken into account in computing any interest penalty owed the Contractor in the manner
described in subparagraph (a)(51 of this clause.
(i) Name and address of the Contractor.
(ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line
item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number
and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be tbe same as that in the contract or in a proper
notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice.
(viii) Any other information or documentation required by the contract (such as evideoce of shipment).
(ix) While not required, the Contractor is strongly encouraged to assign an identification number to each invoice.
(4) Interest penalty. An interest penalty shall be paid automatically by the designated payment office, without request from the
Contractor, if payment is not rnade by the due date and the conditions listed in subdivisions (a)(4)(i) through (a)(4)(iii) of this clause
are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are
closed and Government business is not expected to
be conducted, payment may be made on the following business day without incurring a late payment interest penalty.
(i) A proper invoice was received by the designated billing office.
(ii) A receiving report or other Government documentation authorizing payment was processed, and there was no disagreement over
quantity, quality, or Contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services, performed, the amount
was not subject to further contract settlement actions between the Government and the Contractor.
(5) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12
of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is
prescribed by other governmental authority (e.g., tariffs). This rate is referred to as the "Re-negotiation Board Interest Rate," and it is
published in the Federal Register semiannually on or about January I and July 1. The interest penalty shall accrue daily on the invoice
principal payment amount approved by the Government until the payment date of such approved principal amount; and will be
compounded in 30-day increments inclusive from the first day after the dne date through the payment date. That is, interest accrued at
the end of any 30-day period will be added to tile approved invoice principal payment amount and will be sub~iect to interest penalties
if not paid in the succeeding 30-day period. If the designated billing office failed to notify the Contractor ora defective invoice within
the periods prescribed in subparagraph (a)(3) of this clause, the due date on the corrected invoice will be adjusted by subtracting from
such date the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor
',viii be based on !his. adjusted dne date. Adjustments will be made by tile designated payment office for errors in calculating interest
penalties.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to
have occurred constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivered the supplies or
perlbrmed the services in.accordance with the terms and conditions of the contract, unless there is a disagreement over quantity,
quality, or Contractor compliance with a contract provision. In the event that actual acceptance occurs within the constructive
acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. Thc: constructive
acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract
administration functions, or make payment prior to fiflfilling their responsibilities.
(ii) The following periods of time will not be included in the determination of an interest penahy:
(A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this ma)' not exceed 7 days (3
days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food
products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission of the corrected invoice by the Contractor.
(C) For incorrect electronic funds transfer (EFT) information, in accordance with the EFT
clause of this contract.
(iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes,
or for more than I year. Interest penalties of less than S1 need not be paid.
(iv) Interest penalties are not required on payment delays due to disagreement between the Government and the Contractor over the
payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the
terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause
at 52.233-1, Disputes.
(6) Prompt payment discounts. An interest penalty also shall be paid automatically by the designated payment office, without request
from the Contractor, ifa discount for prompt payment is taken improperly. The interest penalty will be calculated as described in
subparagraph (a)(5) of this clause on the amount of discount taken for the period beginning with the first day after the end of the
discount period through the date when the Contractor
is paid.
,,(7) Add'!tional interest penalty. (i) If this contract was awarded on or after October I, 1989, a penalty amount, calculated in
accordance with sqbdivisio.n (a)(7)(iii) of this clause, shall be paid in addition to the interest penalty amount if the Contractor--
(A) Is owed an interest penalty of $1 or more',
(B) ls not paid the interest penalty within 10 days after the date the invoice amount is paid; and
(C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with subdivision
(a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.
(ii)(A) Contractors shall support written demands for additional penalty payments with the following data. No additional data shall be
required. Contractors shall--
(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all ow~rdue late payment
interest penalty and such additional penalty as may be required;
(2) Attach a copy of the invoice on which the unpaid late payment interest was due; and
(3) State that payment of the principal has been received, including the date of receipt.
(B) Demands must be postmarked on or before the 40th day after payment was made, except that--
(1) lfthe postmark is illegible or nonexistent, the demand must have been received and annotated with the date of receipt by the
designated payment office on or before the 40th day after payment was made; or
(2) lfthe postma?k is illegible or nonexistent and the designated payment office fails to make the required annotation, the demand's
validity will be determined by the date the Contractor has placed on the demand; provided such date is no later than the 40th day after
payment was made.
(iii)(A) The additional penalty shall be equal to 100 percent of any original late payment interest penalty that is due on or after
January 22, 1990, except--
(1) For additional penalties due on or before January 22, 1992, such penalties shall not exceed $2,500;
(2) After January 22, 1992, the additional penalty shall not exceed $5,000;
(3) The additional penalty shall never be less than $25; and
(4) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.
(B) If the interest penalty ceases to accrue in accordance with the limits stated in subdivision (a)(5)(iii) of this clause, the amount of
the additional penalty shall be calculated on the amount of interest penalty tbat would have accrued in tile absence of these limits,
subject to the overall limits on the additional penalty specified in subdivision (a)(7)(iii)(A) of this clause.
(C) For determining the maximum and minimum additional penalties, the test shall be the interest penalty due on each separate
payment made for each separate contract. The maximum and minimum additional penalty shall not be based upon individual invoices
unless the invoices are paid separately. Where payments are consolidated for disbursing purposes, the maximmn and minimum
additional penalty determination shall be made separately for each contract therein.
(D) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility
contracts subject to tariffs and regulation).
(b) Contract financing payments. (1) Due dates for recurring financiog payments. If this contract provides for contract financing,
requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting
Officer. Contract financing payments shall be made on the [insert day as prescribed by Agency head; if not prescribed, insert 30th
day] day after receipt ora proper contract financing request by the designated billing office. In the event that an audit or other review
ora specific financing request is required to ensure compliance with the terms and conditioos of the contract, tile designated payment
office is not compelled to make payment by the due date specified.
(2) Due',dates for other contract financing. For advance payments, loans, or other arrangements that do not inw)lve recurring
submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed
by the Contracting Officer.
(3) Interest penalty not applicable. Contract financing payments shall not be assessed an interest penalty for payment delays.
(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure,. payments will be
made within 15 days after the date of receipt of the invoice.
(End of clause)
(*38)
52.203-8 Cancellation, Rescission~ and Recovery of Funds for Illegal or Improper Activity. (&~.N 1997)
(a) lfthe Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection
(a), (b), (c), or (d) of section 27 of the Office of Federal Procurement Policy Act (41U.S.C. 423) (the Act), as amended by section
4304 of the National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the Government may--
(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or
(2) Rescind the contract with respect to which--
(i) The Contractor or someoqe acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of
subsection 27(a) or (b) of the Act for the purpose of either--
(A) Exchanging the.information covered by such subsections for anything of value; or
(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement'
contract; or
(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the
Contractor or someone acting for the Contractor has engaged in conduct constituting an offense punishable
under subsection 27(e)(1) of the Act.
(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to
recover, in addition to any penalty prescribed by law, the amount expended under the contract
(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any
other rights and remedies provided by law, regulation, or under this contract.
(End ofclause)
(*39)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)
(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fi:e under a cost-type
contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or
designee determines that there was a violation of subsection 27(a), (b), or (c) of the Office of Federal Procurement Policy Act, as
amended (41 U.S.C. 423), as implemented in section 3.104 of the Federal Acquisition Regulation.
(b) The price or fee reduction referred to in paragraph (a) of this clause shall be--
(I) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;
(2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award,
notwithstanding any minimum fee or "fee floor" specified in the contract;
(3) For cost-plus-award-fee contracts--
(i) The'base fee established in the contract at the time of contract award;
(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to
the Contractor for each award fee evaluation period or at each award fee determination point.
(4) For fixed-price-incentive contracts, the Government may--
(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit
specified in the contract at the time of contract award; or
(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant
adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract
financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final
price of the contract. The total final price established in accordance with the incentive price revision provisions
of the contract shall be reduced by an amount eqnal to the initial target profit specified in the contract at the
time of contract award and such reduced price shall be the total final contract price.
(5) For finn-fixed-price contracts, by l0 percent of the initial contract price or a profit amount determined by
the Contracting Officer from records or documents in existence prior to the date of the contract award.
(c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the
procedures of paragraph (b) of this clause for violations of the Act by its subcontractors by an amount not to
exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively
priced.
(d) In addition to' the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this
contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in
addition to any other rights and remedies provided by law or under this contract.
(End ofclause)
('51)
52.215-2 Audit and Records--Negotiation. (AUG 1996)
(a) As used in this clause,'"records" includes books, documents, accounting procedures and practices, and other data, regardless of
type and regardless of whether sach items are in written form, in the form of computer data, or in any other form.
(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract,
or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the
Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all ~costs
claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of
examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the
contract.
(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with :any pricing action
relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the
accuracy, completeness, and corrency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's
records, including computations and projections, related to--
(1) The proposal for the contract, subcontract, or modification;
(2) The discussions condticted on the proposal(s), including those related to negotiating;
(3) Pricing of the contract, subcontract, or modification; or
(4) Performance of the contract, subcontract or modification.
(d) Comptroller General--(1) The Comptroller General of the United States, or an authorized representative, shall have access to and
the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract or a subcontract
hereunder.
(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the
Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized
representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the
purpose of evaluating (1) the effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives
of these reports and (2) the data reported.
(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence
described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal
Acquisition Regulation (FAR), or for any longer period
required by statute or by other clauses of this contract. In addition--
(I) If this contract is completely or parfially terminated, the records relating to the work terminated shall be made available for 3 years
after any resulting final termination serdement; and
(2) Records relating to appeals under the Disputes clause or to litigation or the settlement ofc}aims arising under or relating to this
contract shall be made available until such appeals, litigation, or claims are finally resolved.
(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under
this contract that exceed the simplified acquisition threshold, and--
(1) That are cost:reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these;
(2) For which cost or pricing data are required; or
(3) That require the subcontractor to famish reports as discussed in paragraph (e) of this clause.
The clause may be altered only as necessary to identify properly the contracting parties and the Contracting O:~'ficer under the
Government prime contract.
(End of clause)
Alternate I (JAN 1997). As prescribed in 15. i06(c), in facilities contracts, add the following sentence at the end of paragraph (b) of
the basic clause:
The obligations and rights specified in this paragraph shall extend to the use of, and charges for the use of, the facilities under this
contract.
Alternate II (dAN 1997). As prescribed in 15.106(c), in cost-reimbursement contracts with educational and other non-profit
institutions, add the following paragraph (h) to the basic clause:
(h) The provisions of OMB Circular No. A-133, Aud'ts of lnst'tutions of Higher Learning and Other Nonpro it Institutions," apply to
this contract.
Alternate II1 (JAN 1997). As prescribed in 15.106(c), delete paragraph (d) of the basic clause and redesignate the remaining
paragraphs accordingly.
5. 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (AUG 1996)
(a) Method of payment. Payments by the Government under this contract, including invoice and contract linancing payments,
may be made by check or electronic funds transfer (EFT) at the option of the Government. If payment is made by EFT, the
Government may, at its option, also forward the associated payment information by electronic transfer. As used in this clause, the
term "EFT" refers to the funds transfer and may also include the information transfer.
(b) Mandatory submission of Contractor's EFT information.
~ (I) The Contractor is required, as a condition to any payment under this contract, to provide the Government with the
information requited to make payment by EFT as described in paragraph (d) of this clause, unless the payment office determines that
submission of the information is not required. However, until January 1, 1999, in the event the Contractor certifies in writingto the
payment office that the Contractor does not have an account with a financial institution or an authorized payraent agent, payment shall
be made by other than EFT. For any payments to be made after January 1, 1999, the Contractor shall provide EFT information as
described in paragraph (d) of this
clause.
(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the
applicability of this EFT information in terms acceptable to the payment office.
(c) Contractor's EFT information. Prior to submission of the first request for payment (whether for invoice or contract financing
payment) under this contract, the Contractor shall provide the information reqnired to make contract payment: by EFT, as described in
paragraph (d) of this clause, directly to the Government payment office named in this contract. If more than one payment office is
named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes,
the Contractor shall be responsible for providing the changed information to the designated payment office(s).
(d) Reqnired EFT information. The Government may make payment by EFT through either an Automatical Clearing House(ACH)
subject to the banking laws of the United States or the Federal Reserve Wire Transfer System at the Govermnent's option. The
Contractor shall provide the following information for both methods in a form acceptable to the designated payment office. The
Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause).
(1) The contract number to which this notice applies.
agent.
(2) The ~Contractor's name and remittance address, as stated in the contract, and account number at the Contractor's financial
(3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to
provide this information.
(4) For ACH payments only:
ti) Name, address, and 9-digit Routing Transit Number of the Contractor's financial agent.
(ii) Contractor's account number and the type of account (checking, saving, or lockbox).
5) For Federal Reserve Wire Transfer System payments only:
ti) Name, address, telegraphic abbreviation, and the 9-digit Routing Transit Number for the Contractor's financial agent.
(ii) If the Contractor's financial agent is not directly on-line to the Federal Reserve Wire Transfer System and, therefore,
not the receiver of the wire transfer payment, the Contractor shall also provide the name, address, and 9-digit Routing Transit Number
of the correspondent financial institution receiving the wire transfer payment.
(e) Suspension of payment.
(1) Notwithstanding the provisions of any other clause of this contract, the Government is not required to make any payment
under this contract until after receipt, by the designated payment office, of the correct EFT payment information from the Contractor
or a certificate submitted in accordance with paragraph (b) of this clause. Until receipt of the correct EFT information, any invoice or
contract financing request shall be deemed not to be a valid invoice or contract financing request as defined in the Prompt Payment
clause of this contract.
(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the
changed EFT information no later than the 30th day after its receipt to the extent payment is made by EFT. However, the Contractor
may request that no further payments be made until the changed EFT information is implemented by the payment office. If such
suspension would result in a late payment under the Prompt Payment clause of this contract, the Contractor's request for suspension
shall extend the due date for payment by the number of days of the suspension.
, (0 C. ontractor EFT arrangements. The Contractor shall designate a single financial agent capable of receiving an,d, processing the
electronic funds tronsfer using the EFT methods described in paragraph (d) of this clause. The Contractor shall pay ah fees and
charges for receipt and processing of transfers.
(g) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the Government failed to use the Contractor.provided EFT
information in the correct manner, the Government remains responsible for (i) making a correct payment, (ii) paying any prompt
payment penalty due, and (iii) recovering any erroneously directed
funds.
(2) [fan uncompleted or erroneous transfer occurs because Contractor-provided EFT information was incorrect at the time of
Government release of the EFT payment transaction instruction to the Federal Reserve System, and--
(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment
and the Contractor is responsible for recovery of any erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the Government retains the right to either make payment
by mail or suspend the payment in accordance with paragraph (e) of this clause.
(h) EFT and prompt payment.
(1) A payment shall be deemed to have been made in a timely manner in accordance with the Prompt Payment clause of this
contract if, in the EFT payment transaction instruction given to the Federal Reserve System, the date specified for settlement of the
payment is on or'before the prompt payment due date, provided the specified payment date is a valid date under the rules of the
Federal Reserve System.
(2) When payment cannot be made by EFT because of incorrect EFT information provided by the Contractor, no interest
penalty is due after the date of the uncompleted or erroneous payment transaction, provided that notice of the defective EFT
information is issued to the Contractor within 7 days after the Government is notified of the defective EFT infnrmation.
(i) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the Assignment of
Claims clause of this contract, the assignee shall provide the assignee EFT information required by paragraph (d) of this clause. In all
respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information which shows the
ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assigmnent of claims acceptable to the
Government, is incorrect EFT information within the meaning of paragraph (e) of this clause.
(j) Payment office discretion. If the Contractor does not wish to receive payment by EFT methods for one or more payments, the
Contractor may submit a request to the designated payment office to refrain from requiring EFT information cr using the EFT
payment method. The decision to grant the request is solely that of the Govermnent.
(k) Change of EFT information by financial agent. The Contractor agrees that the Contractor's financial agent may notify the
Government ora change to the routing transit number, Contractor account number, or account type. The Government shall nsc thc
changed data in accordance with paragraph (e)(2) of this clause. The Contractor agrees that the information provided by the agent is
deemed to be correct information as if it were provided by the Contractor. The Contractor agrees that the agent's notice of changed
EFT data is deemed to be a request by the Contractor in accordance with paragraph (e)(2) that no further payments be made until the
changed EFT information is implemented by the payment office.
18. 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)
(a) This clause does not apply to the unrestricted portion ora partial set-aside.
(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance o f the contract in the case
ora contract for-q
(1) Services (except construction). At least 50 percent of the cost of contract pcrformance incurred for persomlel shall be expended for
employees of the concern.
,(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50
percent of the cost of manufacturing the supplies, not including the cost of materials.
(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials,
with its own employees.
(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including
the cost of materials, with its own employees.
(End of clause)
THE FOLLOWING CLAUSE IS APPLICABLE WHEN THE SOLICITATION IS FOR REFUSE R. EMOVAL SERVICES
ONLY , UTILITY SERVICES .
20. RATES, CHARGES, AND PUBLIC REGULATION
(a) Refi~se Disposal Services , Utility Services furnished under this Contract shall be subject to regulation, in the manner and
to the extent prescribed, by any Federal, State, or local regulatoo' authority having jurisdiction over the supply of such services to the
Contractor's customers, generally. If, during the term of this Contract, the public regulatory authority, having such jurisdiction,
receives, for filing in the authorized manner, rates that are higher or rates that are lower than those stipulated in this Contract and as
replacements therefor, the Contractor agrees to continue to furnish the referenced services as stipulated in the Contract and the
Government agrees to pay for such services at the higher or lower rates from, and after, the date such rates are made effective, in
accordance with the rules of practice and procedure of the Commission. A copy of any newly effective or amended rate schedule,
including newly effective adjustments, shall be furnished to the General Services Administration upon request. If, during the term of
this Contract, the Contractor applies to any such regulatory body for a change in rates or in the type of serviue to be performed under
this Contract, it ghall take steps to see that the Government receives at least the same notice &such application as is received by all
other customers/~ffected by such application. A copy of such notice and application shall be mailed by the ,Contractor to GSA at the
address shown below within five (5) days after filing of the change in rates or type of Service with the Commission:
General Services Administration
Facilities Services (Procurement), 10PMM
400 - 15th Street S.W.
Auburn, Washington 98001-0599
(b) The Contractor hereby represents and warrants to the Government that the rate schedules shall not be in excess of the lowest
rate schedules then available to the then present and prospective customers of the same class under like conditions of use and service
and agrees that, during the life of this Contract, the General Services Administration shall continae to have available to it the lowest
applicable rate schedule for customers of the same class under like conditions of use and service, but in no event will GSA have the
right to change schedules more often than once in any 12-month period unless there is a general change in rates.
(c) In the event that the Contractor, during the term of this Contract, shall make effective any new rate schedule or amended rate
schedule applicable to the class of service fi~rnished to the Government at any service location an~l applicable in such area, which may
contain a lower rate or conditions of service more favorable to the Government for such class of service in such area, the Contractor
shall make such lower rates or conditions of service available to the Government, and, if notified in writing by GSA, the Contractor
shall substitute such new rate schedule or amended rate schedule at such service location, commencing with the billing period in
which such notice to substitute a new rate schedule is received.
(d) Reasonable written notice shall, so far as possible, be given by the Government to the Contractor regarding any material
changes proposed in the volume or characteristic ofrefi~se disposal service required by GSA.
(e) In the event ora permanent change in the class of service furnished to GSA at a particular service location, refuse
disposal services shall, effective sixty (60) days after written request is made by either party or at: such other time as may
be agreed upon, thereafter be available to GSA at such service location at the }owest available rate schedule of the
Contractor, which is applicable to the class of service fi~rnished, following such permanent change and which is
applicable in the area where such service is furnished.
22. 52.222-47 SERVICE CONTRACT ACT (SCA) MINIMUM WAGES AND FRINGE BENEFITS (MAYI989
An SCA wage determiaation applicable to this work has been requested from the U.S. Department of Labor. If an SCA wage
determination is not incorporated herein, the bidders/offerors shall consider the economic terms of the collective bargaining
agreement (CBA) between the incumbent Contractor and the _ (nnion). If the economic terms of the collective bargaining
,agreement or the collective bargaining agreement itself is not attached to the solicitation, copies can be obtained from the Contracting
Officer. Pursuant to Depa~ment of Labor Regulation, 29 CFR 4.1 b and paragraph (g) of the clause at 52.222-41, Service Contract Act
of 1965, as amended, the economic terms of that agreement will apply to the contract resulting from this solicitation, notwithstanding
the absence of a wage determination reflecting such terms, unless it is determined that the agreement was not the result of arm's length
negotiations or that after a hearing pursuant to section 4(c) of the Act, the economic terms of the agreement are substantially at
variance with the wages prevailing in the area.
(End of clause)
28. SAFETYAND HEALTH
PARTI-GENERAL
1.1 Applicable Publications: Thc publications listed below form a pan of this specification to the extent referenced. The
publications are referred to in the text by basic designation only.
1. I. 1 Code of Federal Regulations (CFR):
OSHA General Industry Safety and Health Standards (29 CFR 1910), Publication V2206; OSHA Construction Industry
Standards (29 CFR 1926). One source of these regulations is OSHA Publication 2207, which includes a combination of both Parts
1910 and 1926 as they relate to construction safety and health. It is for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402.
National Emission Standards for Hazardous Air Pollutants (40 CFR, Part 61).
1.1.2 Federal Standard (Fed. Std.):
313A Material Safety Data Sheets, Preparation and Submission of.
1.2 Work Covered by this Section: This section is applicable to all work covered by this contract.
1.3 Definition of Hazardous Materials: Refer to hazardous and toxic materials/substances included in Subparts H and Z of 29 CFR
1910; and to others as additionally defined in Fed. Std. 313. Those most commonly encountered include asbestos, polychlorinated
biphenyl's (PCBS), explosives, and radioactive material, but may include others. The most likely products to contain asbestos are
sprayed-on fireproofing, insulation, boiler lagging, and pipe covering.
1.4 Quality Assurance:
1.4.1 Preconstruction Safety Meeting: Representatives of the Contractor shall meet with the Contracting Officer and his/her
representative(s) prior to the start of repair, alteration or construction activities for the purpose of reviewing the Contractor's safety
and health programs and discussing implementation of all safety and health provisions pertinent to the work to be performed under the
contract. The Contractor shall be prepared to discuss, in detail, the measures he/she intends to take in order to control any unsafe or
unhealthy conditions associated with the work to be performed under the contract. This meeting may be held in conjunction with the
preconstruction conference, if so directed by the Contracting Officer. The conduct &this meeting is not contingent upon a general
preconstruction meeting. The level of detail for the safety meeting is dependent upon the nature of the work and the potential inherent
hazards. The Contractor's principal on-site representative(s), the general superintendent and his/her safety representative(s) shall
attend this meeting.
1.4.2 Compliance With Regulations: All work, including the handling of hazardous material.'; or the disturbance of
dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CFR 1926/1910. Work
involving the disturbance or dismantling of asbestos or asbestos containing materials; the demolition of structures containing asbestos;
and/or the disposal and removal of asbestos, shall also comply with applicable state and municipal safety and health requirements.
Where there is a conflict between applicable regulations, the most stringent shall apply.
1.4.3 Contractor Responsibility: The Contractor shall assume full responsibility and liability for compliance with all
applicable regulations pertaining to the health and sat~ty of personnel during the execution of work, and shall hold the Government
harmless for any action on his part or that of his employees or subcontractors which results in illness, injury, or deatb.
1.4.4 Inspections, Tests, and Reports: The required inspections, tests, and reports made by the Contractor, subcontractors,
specially trained technicians, equipment manufacturers, and others as rcquircd, shall be at the Contractor's expense.
1.5 Sul~mittals: ~
1.5.1 Accident Reporting: A copy of each accident report, which the Contractor or subcontractors submit to their ihsurance
carriers, shall be forwarded through the Construction Engineer to the Contracting Officer as soon as possi'ble, but in no event later
than seven (7) calendar d~ys after the day the accident occurred.
1.5.2 Permits: If hazardous materials are disposed of off site, subm!t copies of permits from applicable, federal, state, or
municipal authorities.
1.5.3 Other Submittals: If agreed to in writing at the preconstruction safety meeting, other submittals shall be required. One
such submittal which may be included is a pIan of action for handling hazardous materials to contain thc following:
a. Number, type, and experience of employees to be used for the work.
b. Description of how safety and health regulations and standards shall be met.
c. Type of protective equipment and work procedures to be used.
d. Emergency procedures for accidental spills or exposures.
e. Procedures for disposing of or storing the toxic/hazardous materials.
f. Identification of possible hazards, problems, and proposed control mechanisms.
g. 'Protection of public or others not related to the operation.
h. Interfacing and control of subcontractors, if any.
i. Identifications of analysis, test demonstrations, and validation requirements.
j. Methodofcertification for compliance.
1.6 Cautionary Procedures at Existing Vaults: Vault doors in existing buildings may be equipped with protective devices having
tear gas attachments. The Contractor shall consult the Building Manager to ascertain whether vault doors in areas under this contract
are so equipped. It is unsafe for persons unfamiliar with such protective devices to tamper with or disturb them. If a vault door so
equipped is to be removed, left open or reset, the Contractor shale give the Construction Engineer or the building Manager of the
building two weeks notice to arrange for disconnecting the protective devices.
PART 2 - PRODUCTS
2.1 Materials and Equipment: Special facilities, devices, equipment, clothing, aad similar items used by the Contractor in the
execution of work shall comply with the applicable regulations.
2.2 Hazardous Materials: The Contractor shall bring to the attention of the Contracting Officer art), material suspected of
being hazardous which he encounters during the execution of the work. A determination will be made by the Contracting Officer as
to whether the Contractor shall perform tests to determine if the material is hazardous. If the Contracting Officer directs the
Contractor to perform tests, and/or if the material is found hazardous and additional protective measures are needed, a contract chaoge
may be required, subject to DIFFERING SITE CONDITIONS clause of the Section, General Provisions.
PART 3 - EXECUTION
3,1 Stop Work Orders: When the Contractor or his/her subcontractors are notified by the Cootracting Officer's Representative(s) of
any noncompliance with the provisions of the contract and the action(s) to be taken, the Contractor shall immediately, if so directed,
or within 48 hours after receipt of a notice of violation correct the unsafe or unhealthy condition. If the Contractors fail to comply
promptly, all or any part of the work being performed may be stopped by the Contracting Officer or his/her representative(s) with a
"Stop Work Order". When, in the opinion of the Contracting Officer or his/her representative(s), satisfactory corrective action has
been taken to correct the unsafe and unhealthy condition, a start order will be given immediately. The Contractor shall not be allowed
any extension of time or compensatioo for damages by reason of or in connection with such work stoppage.
,3.2 Protection:
3.2.1 The Contractor shall take all necessary precautions to prevent injury to the public, building occupants, or damage to
property of others. For the purposes of this contract, the public or building occupants shall include all persons not employed by the
Contractor or a subcontractor working under his/her direction.
3.2.2 Work shall not be performed in any area occupied by the public or Federal employees unless specifically permitted by
the contract or the Contracting Officer and unless adequate steps are taken for the protection of the public or Federal employees.
3.2.3 Whenever practicable the work area shall be fenced, barricaded, or otherwise blocked off from tile public or buildiag
occupants to prevent unauthorized entry into the work area.
3.2.4 When the nature of the work prevents isolation of the work area and the public or building occupants may be in or pass
through, under or over the work area, alternate precautions such as the posting of signs, the use of signal persons, the erection of
barricades or similar protection around particularly hazardous operations shall be used as appropriate.
3.2.5 When work is to be performed over a public thoroughfare such as a sidewalk, lobby, or corridor, the thoroughfare shall
be closed, if possible, or other precautions taken such as the installation of screens or barricades. When the exposure to heavy falling
objects exists, as during the erection of building walls, or during demolition, special protection of the type detailed in 29 CFR
1910/1926 shall be provided.
3.2.6 Fences and barricades shall be moved upon completion of the project, in accordance with local ordinance and to the
satisfaction of the Contracting Officer or his/her representative(s).
3.2.7 Thd storing, positioning, or use of equipment, tools, materials, scraps, and trash in a manner likely to present a hazard to
the public or builklifig occupants by its accidental shifting, ignition, or other hazardous qualities is prohibited.
3.2.8 No corridor, aisle, stairway, door, or exit shall be obstructed or used.
SERVICE CONTRACT ACT OF 1965, AS AMENDED
AND
STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES
52.222-41 SERVICE CONTKACT ACT OF 1965, AS
AMENDED (/','lAY 19~9)
(a) Deflnh[o~. Act, as used in this clause, means the
Service Contract ,~.¢t of 1955, ets amended (41 U.S.C. 351, el
seq.).
"Contractor," as used ia this clause or in any subcontract,
shall be deemed lo,refer lo the subcontractor, except in the term
Government Frime Contraclor."
"Service employee," as used in this clause, means any
person engaged in Ihe performance of this contract other than any
person employed in a bona fide executive, administrative, or
professional capacity, as these terms are defined in Part 541 of
Title 29, Code of Federal P, egulations, as revised. It includes'ali
such persons regardless of any contractual relationship that may
(b) Applicabilil~. This contract is subject to the following
provisions an.,d Io all other applicable provisions of the ~.ct and
regulations o[,th.e Secretary of Labor (29 CFi{ Fart 4), This
administratively exempted by the Secretary of Labor or exempted
by 41 U.S.C. 356, as interpreted in Subpart C of 29 CFP, Part 4.
(c) Compensation. (1) Each service employee employed in
subcontractor shah be paid not less than th~ minimum monetary
wages and shaIl be furnished fringe benefits in accordance with
Ihe wages and fringe benefits determined by Ihe Secretary of
Labor, or authorized representative, as specified in any wage
(2)0) If a wage determination is attached to this
employee which is not listed therein and which is to be employed
under the contracl (i.e., the work to be performed is not
performed by any cIassification listed in the wage determination)
so as to provide a reasonable relationship (i.e., appropriate level
of skill comparison) between such unlisted classifications al~d the
classifications listed in the wagede{ermination. Such conformed
class of employees shall be paid the monetary wages and
furnished the fringe benefits as are determined pursuant lo the
procedures in this paragraph (c).
(ii) This conforming procedure shall be initiated by the
Contractor prior to the performance of contract wor~: by the
u nlisled ~lass of employee. The Contracior shall submit Standard
Form (SF) 1444, P, equest For Authorization of Additional
Classification and Rate, to the Contracting Officer no ]aler than
30 days slier the unl[sled class of employee performs any conlrac[
work. The Contracting Officer shall review lhe proposed
classification and rate and proml~fly'submi~ the completed SF
1444 (which must include information regarding tile agreement or
disagreement of Ihe employees a~lhorized represenlatlves 6r Ihe
employees themselves : together with thc . agency
Department of Labor. The Wage and Hour Division will
approYe, modify, or disapprove the action ot render a final
receipt or will notify the Conttacffng Officer within 30 days of
receipt that additional time is necessary.
(iii) The final determination of the conformance action
Contracting Officer who shall promptly notify the Contractor of
(iv)(A) The process of establishing wage and fringe
The approach used may vary from wage ,%termination to wage
systems (Federal %Vage Board Pay Syslem and the General
locality. Basic to the establishment of any conformable wage'
rate(s) is the concept that a pay xelationship should be
conformed rate and fringe benefits by an amount equal to th~
average (mean) pcrcenlage increase (or decrease, where'
accordance with this paragraph prior to the performance of
other procedures in subdivision (c)(2)(ii) cf this clause need not
(C) No employee engaged ir': performing work on
applicable minimum wage specified under .';eciion 6(a)(l) of !he '~
(v) The wage tale and fringe benefits fin~.lly
detei'mined under this subparagraph Cc)(2) of this clause shall be
(vi) Upon discovery of failure to comply wilh
subparagraph Cc)(2) of this clause, the Wage and Hour Division
work.
Division.
subparagraph (c)(2) of this clause by furnishing equivalent
Ce) Minimum %Va§~. In Ihe absence of a minimum
GSA Form 2166 (REV 5-89)
obligation unless the limitations of 29 CFR 4.1b(b) apply or
unless the Secretary of L$.bor or the Secretary's authorized
representative finds, after a hearing as provided in 29 CFI{ 4.10
that ihe wages and/or fringe b~nefit:~ provided for in'such
agreement are substantlal[y at variance with those which prevail
for services of a character similar ir: the locality, or determines,
as provided in 29 CFR 4.11, that the collective bargaining
agreement applicable to service employees employed under the
length negotiations. X, Vhere it is found ia accordance with the
review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts
6 and 8 that some or all of lhe wages and/or fringe benefits
contained in a predecessor Contractor collective bargaining
agleement are substantially at variance with Ihose which prevail
for Services of a character similar in the locality, and/or that the
collective bargaining agreement applicable to service employees
employed under the predecessor contract w~s not entered into as
new or revised wage determination setting forth the applicable
part of thc contract or subcontract, in accordance with the
decision of Ihe Administrator, the Administrative Law Judge, or
the Board of gervice Contract Appeals, as the case may be,
irrespective of whether such issuance occurs prior to or after the
award of a contract or subcontract ($3 Comp. Gen. 40I (1973)).
In the case of a wage determination issued solely as a result of a .
finding of substantial variance, such determination shall be
effective as of the date of the final administrative decision. ..{.
(g) Notification to Ernployee~. The Contractor and any;'.
subcontractor under this contract shall notify each servic~-
monelary wage and an}' fringe benefits required Io be paid
pursuant to this contract, or shah post the wage determination
attached lo thls contract. TheposterprovidedbytheDepartment.
of Labor (Publication %VH.1313) shall be posted in a prominent
and accessible place at theworksite. Failure to comply with this
requirement is a violation of section 2(a)(41 of the Act and of thi~
Ch) ~.feand~qan}t~rvX, Vorkln_~Con~i. iLOXL~. TileContraclor'
or subcohtractor shall not permit any part of the services called for"
by this contract to b~ performed in buildirgs or surroundings
under working conditions provided by or under the conlrol or
supervision of the Contractor or subcontractor which are
unsanitary, hazardous, or dangerous to the health or sa[cry of th~
service employees. TheContraetororsubcontractorshallcsmply
with the safely an~i health standard~: applied under 29 CF'P. Part
1925.
(i) .Ke.2l/zr~. (1) The ContraCtor arid each subconlrae!or
performing work subject lo the Act shall make and maintain fc~[3
years from the completion of the work, and make them available ..
for inspection and transcription by authorized representatives 9.[ -
the X, Vage and Hour Division, Employment Standards
Adm[nisttation, a record of the following: . .: . ·
(i) For each employee subject to the Act ..... .-:,'
; CA) Name and address and social security number;-?:¢!
General Services Adrnlnlstratloh
(13) Correct work ¢lass;fic&tion or classifications, rs. re
or ra~es of payments in lieu of fringe benefits, and total daily and
weekly compensation;
(C) Daily and weekly hours worked by each employee;
(D) Any deductions, rebates, or refunds [rom the lolal
daily or weekly compensation of each employee.
(ii) For Ihose classes of service employees not included In
paragraph (c) of this clause. Acopyofthe report required by
subdivision (c)(2) (ii) of this clause will fulfill this requirement.
(iii) Any llst of the predecessor Contractor employees which
had been furnished to the Contractor as prescribed by paragraph
(n) of this clause.
(2) The Contraclor shall also make available a copy o f
1his conlract for inspeclion or transcripiion by authorized
(3) Failure Io make and maintain or to make available
these records for inspeciion and transcription shall be'a violation
of the regulalions and this ~ontracl, and in lhe case of failure I~
produce these records, the Conlracting Officer, upon direction of
the Departmen,t o[ Labor and notification to the Contractor, shall
(4) The Contractor shall permit authorized
interviews with employees at the worksite during normal wo[k!ng
0) .Pay Perlo0~. The Contractor shall unconditionally p~y
to each employee subject to the Act all wages due free and dlear
by law or Regulations, 29 CFR Part 4), rebate, or kickback on
pay period following the end of the regular pay period in which the
not be of any duration longer than semi-monthly.
(k) W-~LLha~IiKILLP a v m e n LS_~.IZO,~T e r m ~ r~0Aio_~o~C~m r a c i.
The Contracting Officer shall withhold or cause to be withheld
appropriate oflicial of the Department of Labor requests or such
underpaid employees employed by the Contractor or
by direction of the Department of Labor and wrilten notification
Additionally. any failure to comply with Ihe requirements of lhis
charging the Contractor in default with any additional cost.
(I) Subcontracts The Contractor a~rees to insert this
clause in all subcontracts subject Io the Act,
provided for in ~. collective bargaining agreement which Is or will
(p) .Contractor's CgIli 'cLL~3.Lox1. (1) By entering into this
General Services Administration · GSA Form 2166 (REV 5-8'9)
(1) APprenlice$. student-lexrners, and workers whose
·=,rning capaclty 15 Impaired by age, physical or mental deficiency
wages otherwise requDed by section 2 (a) (1) or 2(b) (1) o[ the Act
thereo{ required under ~cctlon 2(a)(2) of the Ac~, in accordance
handicapped clien[s of sheltered workshops under section 14 of
~he Administrator (29 CF~ Pans.520, 521, 524, and
workshops not subjec~ [o ~he Fair ~bor S~and~rds Act of 1
supplementary cash paymenls in lieu [hereof), applfng
524, and
(3) The Admin~s[ralor Will also ~i[hdraw, annul,
CF~ Parts 525 and 528.
program.
(s) ~. An employee en~agc~ in an occupation in which
month in lips may have the amount ol these tips credited by 1he
employer against the minimum wage requh'ed by section 2(ia)
or section 2(b)(l) of the Act, in accordance with section 3Cra) of
the Fair Labor S[andards Act and Reg~Iations 29 CFR Part'531,
However, the amount of credit shall not exceed $1.34 per hour
beginn[ngJanuary ~. 19~1. Tou~e this proviz/on--
(I) The empinYer must inform tipped employees abou~
this tip credit allowance before the credit is utilized;
~2) The employees must be allowed to retain ail tip~
(individually or lhrough a pooling arrangement and regardless
whether Ihe employer elects to take a credit for tips received);
(3) The employer mu~t be able ~o show by records
Ihe employee receives a~ lea~t thc applicable Service Contract Act
minimum wage lhrough the comblna[/on of direc~ wa~es and
credit; and
(4) The use of such dp credi~ must have beenpermhted
under any prcdccesso[ collective bargaining agreement applicable
by virlue o[ section 4(c) oi lhe Act.
(0 ~vules Conce~ine Labor Stand~F~f. The U.S.
Dep~rtmen~ of ~bor has ze[ forth in 29 CFR Parts 4. 5, and
procedures lot resolving dispute/ concerning labor s~andards
requirements. Such disputes shall ~e resolved In aacordanc~ with
Ihose procedures and no~ [he Dispules clause ol Ihis con(racL
Dispules within Ihe meaning of Ibis clause include disputes
belween lhe Coniraclor (or any of il/ sub,;omractors) and the
contracting agency, the U.S. De~ar[menl of Mbor, or
employees or lheir representatives.
52.222-42 STATEMENT OF EQUIVALENT ~TES FOR
FEDE~L HIRES (MAY 19~9) ' .:
In compliance with lhe Service Contr~cl Acl of 1965,
amended, and the re~lalions of the S~cr~tary ot Labor (29
Part 4), Ihis clause identities Ihe classes of service empin~ees
expected io be em~inyed under lhe conlrac[ and slates Ibc wages
and /tinge bened[s payable Io each it they were employed by Ih~
con~racling agency ~ubjecl Io lhe provisions of 5 U.S.C. 5341 or
5332.
THIS STATEMENT IS FOR INFORMA'rlON ONLY: IT
IS NOT A \VAGE DETERMINATION
Employee Class Rionetary \Vage - Ir'tinge Benefits
and Fr~12ge Ber~ef. izs_,
GSA Forth 2166 (REV 5-89)
General Services Administration
STATEMENT OF WAGE RATES AND FRINGE BENEFITS
COMPARABLE RATES:
The Service Contact Act of 1965, as amended, requires the contracting agency to state the comparable rates
which employees would be paid if employed by the Government. These rates are for information only, and do
not control the rates to be paid under the contract. The following classes of service employees expected to be
employed under the contract would, if employed by the General Services Administration, be paid not less than:
EMPLOYEE CLASS
HOURLY MONETARY WAGE % OF HOURLY AS FRINGE
29086, Engineering Technician VI $27~65
Retirement
Life & Health Insurance
Workman's Compensation
20.4%
3.7%
1.9%
Sick leave provided by law: 13 days per year
Paid Holidays provided by law: 10
Vacations or paid leave provided by law: (1) two hours of annual leave each week 'for an employee with less
than 3 years of service (2) three hours of annual leave each week for an employee with 3 but less than 15
years of service (3) four hours of annual leave each week for an employee with 15 or more years of service.
WAGE DETERMINATION:
Bidders are advised that the various classes of service employees who will be employed in the performance of
the contract awarded under this solicitation MUST BE PAID the minimum monetary wage and shall be
furnished fringe benefits shown on the attached Wage Determination No. 94-2563 (revs)dated 6/'10/96
This determination was issued under the provisions of the McNamara - O'Hara Service Contract Act (79 Stat.
1034), and in accordance with Pad 4.3 of 29 CFR Part 4.
]7
REGI~~ UF' W~E ~ETERMINkTrONS,-UNDER ~
THE SE~VI~ CONTRACT ACT "~
di~n,/~the Secre~ of Labor
an L. Moss ~ Division of
Director Wage Determinations
State(s): Washington
Page 1 of 9
U.S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION
WAGE AND HOUR DIVISION
WASHINGTON, D.C. 20210
Wage Determination No.: 94-2563
Revision No.: 8
Date of Last Revision: 06/10/1996
Area: WASHINGTON COUNTIES OF KING, SNOHOMISH, WHATCOM.
** Fringe Benefits Required For Ail Occupations Included In
This Wage Determination Follow The Occupational Listing **
OCCUPATION CODE AND TITLE
ADMINISTRATIVE SUPPORT AND CLERICAL:
01011 Accounting Cl~rk I
01012
01013
01014
01030
01050
01060
990
10
_±15
01116
01117
01118
01120
01131
01132
01191
01192
01220
01261
01262
01263
01264
01270
01290
01300
01311
01312
01313
01314
01315
~0
2
U1400
01420
Accqunting Clerk II
Accgunting Clerk III
Accouhting Clerk IV
Court Reporter
Dispatcher, Motor Vehicle
Document Preparation Clerk
Duplicating Machine Operator
Film/Tape Librarian
General Clerk I
General Clerk II
General Clerk III
General Clerk IV
Housing Referral Assistant
Key Entry Operator I
Key Entry Operator II
Order Clerk I
Order Clerk II
Order Filler
Personnel Assistant
(Employment) I
Personnel Assistant
(Employment) II
Personnel Assistant
(Employment) III
Personnel Assistant
(Employment) IV
Production Control Clerk
Rental Clerk
Scheduler, Maintenance
Secretary I
Secretary II
Secretary III
Secretary 1V
Secretary V
Service Order Dispatcher
Stenographer I
Stenographer II
Supply Technician
Survey Worker(Interviewer)
MINIMUM HOURLY WAGE
8.38
9.40
11.28
12.83
12.06
12.06
10.38
10.38
10.50
7.65
8.48
10.38
12.45
12 77
9 52
10 78
8 48
10 10
10 69
8 87
$ 9.96
$ 12.13
$ 12.90
12 . 77
10 50
10 50
lO 50
12 06
12 77
15 14
18 2O
lO.lO
11.47
12.88
14.61
12.06
'WAGE DETERMINATION NO.:94-2563 (Rev. 8)
~60
,_310
01520
01531
01532
01533
01611
01612
01613
Switchboard Operator-
Receptionist
Test Examiner
Test Proctor
Travel Clerk I
Travel Clerk II
Travel Clerk III
Word Processor I
Word Processor II
Word Processor III
AUTOMATIC DATA PROCESSING:
03010 Computer
03041 Computer
03042 Computer
03043 Computer
03044 Computer
03045 Computer
03071 Computer
03072 Computer
03073 Computer
03074 Computer
03101 Computer
03102 Compdt~r
Data Librarian
Operator I
Operator II
Operator III
Operator IV
Operator v
Programmer I 1/
Programmer II 1/
P~ogrammer III 1/
Programmer IV 1/
Systems Analyst I 1/
Systems Analyst II 1/
03103 Computer Systems Analyst III 1/
03160 Peripheral Equipment Operator
'MOTIVE SERVICE:
05010
05040
05070
05100
05130
05160
05190
05220
05250
05280
05310
05340
05370
Automobile Body Repairer,
Fiberglass
Automotive Glass Installer
Automotive Worker
Electrician, Automotive
Mobile Equipment Servicer
Motor Equipment Metal Mechanic
Motor Equipment Metal Worker
Motor Vehicle Mechanic
Motor Vehicle Mechanic Helper
Motor Vehicle Upholstery
Worker
Motor Vehicle Wrecker
Painter, Automotive
Radiator Repair Specialist
Tire Repairer
05400 Transmission Repair Specialist
FOOD PREPARATION AND SERVICE:
07010 Baker
07041 Cook I
07042 Cook II
07070 Dishwasher
07100 Food Service Worker
(Cafeteria Worker)
o~q0 Meat Cutter
0 Waiter/waitress
ISSUE DATE:06/10/1996 Page 2 of 9
9.05
12.06
12.06
8.22
8.65
9.11
10.88
12.21
14.86
11.31
11.31
11.78
14.20
15.79
17.48
11.83
14.44
18.50
21.03
17.83
21.03
24.71
11.83
$ 18.75
$ 17.55
$ 17.55
$ 18.14
$ 16.38
$ 18.75
$ 17.55
$ 18.70
$ 15.78
$ 16.97
17.55
18.14
17.55
16.38
18.75
11.42
10.66
11.42
9.06
9.06
$ 11.42
$ 9.51
WAGE 'DETEP~INAT~ON N0.:94-2563 (Rev. 8) ISSUE DATE:06/10/1996 Page 3 of 9
'ITURE MAINTENANCE AND REPAIR:
09010
09040
09070
09100
09110
09130
Electrostatic Spray Painter
Furniture Handler
Furniture Refinisher
Furniture Refinisher Helper
Furniture Repairer, Minor
Upholsterar
GENERAL
11030
11060
11090
11121
11122
11150
11180
11210
11240
11270
11300
11330
11360
SERVICES AND SUPPORT:
Cleaner, Vehicles
Elevator Operator
Gardener
Housekeeping Kide I
Housekeeping Aide II
Janitor
Laborer
Laborer, Grounds Maintenance
Maid or Houseman
Pest Contr611er
Refuse Collector
Trackor Operator
Wind~ Cleaner
HEALTH:
~10
40
~_071
12072
12073
12100
12130
12160
12190
12221
12222
12223
12224
12250
12280
12311
12312
12313
12314
12315
12316
Ambulance Driver
Emergency Medical Technician
Licensed Practical Nurse I
Licensed Practical Nurse II
Licensed Practical Nurse III
Medical Assistant
Medical Laboratory Technician
Medical Record Clerk
Medical Record Technician
Nursing Assistant I
Nursing Assistant II
Nursing Assistant III
Nursing Assistant IV
Pharmacy Technician
Phlebotomist
Registered Nurse I
Registered Nurse II
Registered Nurse II,
Specialist
Registered Nurse III
Registered Nurse III,
Anesthetist
Registered Nurse IV
INFORMATION Ai~D ARTS:
13002 Audiovisual Librarian
13011 Exhibits Specialist I
~012 Exhibits Specialist II
13 Exhibits Specialist III
,41 Illustrator I
13042 Illustrator II
13043 Illustrato~ III
13047 Librarian
18.45
14.84
18.45
15.98
17.12
18.48
9..06
9.06
10.69
8.52
9.06
9.06
9.06
9.51
8152
11.05
9.06
10.30
9.51
9.75
12.50
12.25
13 75
15 39
10 03
10 03
1o 03
12 96
6 05
8 2O
8.95
10.04
11.55
10.03
17.27
21.06
21.06
25.03
25.03
28.03
15.14
14.50
16.54
20.34
14.50
16.54
20.34
18.2o
~AGE DETERM~NATION N0.:94-2563 (Rev.
~50 Library Technician
71 Photographer I
--~72 Photographer II
13073 Photographer III
13074 Photographer IV
13075 Photographer V
LAUNDRY, DRY CLEANING, PRESSING:
15010 Assembler
15030 Counter Attendant
15040 Dry Cleaner
15070 Finisher, Flatwork, Machine
15090 Presser, Hand
15100 Presser, Machine, Dry Cleaning
15130 Presser, Machine, Shirts
15160 Presser, Machine, Wearing
Apparel, Laundry
15190 Sewing Machine Operator
15220 Tailor
15250 Washer, MachinD
MACHINE TOOT OPERATION AND REPAIR:
19010 Machi'n~-tool Operator
(Toolroom)
19040 Tool and Die Maker
~' 'RIALS HANDLING AND PACKING:
21020
21030
21040
21071
21080
21100
21130
21140
21150
21150
21210
21400
Fuel Distribution System
Operator
Material Coordinator
Material Expediter
Material Handling Laborer
Forklift Operator
Production Line Worker
(Food Processing)
Shipping/Receiving Clerk
Shipping Packer
Store Worker I
Stock Clerk ( Shelf Stocker;
Store Worker II )
Stock Clerk
Tools and Parts Attendant
Warehouse Specialist
(ECH3%NICS AND MAINTENANCE AND REPAIR:
23010 Aircraft Mechanic
23040
23060
23070
23100
23120
23125
~30
23181
Aircraft Mechanic Helper
Aircraft Servicer
Aircraft Worker
Appliance Mechanic
Bicycle Repairer
Cable Splicer
Carpenter, Maintenance
Carpet Layer
Electrician, Maintenance
Electronics Technician,
Maintenance I
8) ISSUE DATE:06/10/1996 Page 4 of 9
12.06
~2.35
14.80
16.54
20.34
25.02
$ 6.52
$ 6.52
$ 8.68
$ 6.52
$ 6.52
$ 6.52
$ 6.52
$ 6.52
$ 9.40
$ 10.66
$ 7.22
$ 1s. ~8
$ 20.73
$ 16.38
$ 16.97
$ 16.97
$ 13.88
$ 14.25
$ 13.73
12.59
12.59
11.94
12.59
$ 14.18
$ 13.73
$ 19.02
$ 15.98
$ 17 12
$ 17 88
$ 18 45
$ ~6 55
$ 19 02
$ 18 45
$ 18 45
$ 20 11
$ 17 53
~RGE DETERMINATION N0.:94-2563 (Rev.
_83
23260
23290
23310
23340
23370
23400
23430
23460
23500
23530
23550
23580
23640
23700
23740
23760
23790
23800
23820
23850
23870
23890
0
23940
23950
23960
23965
23970
23980
Electronics Technician,
Maintenance II
Electronics Technician,
Maintenance III
Fabric Worker
Fire Alarm System Mechanic
Fire Extinguisher Repairer
Fuel Distribution System
Mechanic
General Maintenance Worker
Heating, Refrigeration and Air
Conditioning Mechanic
Heavy Equipment Mechanic
Instrument Mechanic
Locksmith
Machinery Maintenance Mechanic
Machinist, Maintenance
Maintenance Trades Helper
Millwright
Office Appliance Repairer
Painter, Aircraft
Painter, Maintenance
Pipefitter, Maintenance
Plumber, Maintenance
Pneud~ahlic Systems Mechanic
Rigger
Scale Mechanic
Sheet-metal Worker,
~Maintenance
Small Engine Mechanic
Telecommunications Mechanic I
Telecomunications Mechanic II
Telephone Lineman
Welder, Combination,
Maintenance
Well Driller
Woodcraft Worker
Woodworker
'ERSONAL NEEDS:
24570 Child Care Attendant
24600 Chore Aide
2'4630 Homemaker
LANT A_ND SYSTEM OPERATION:
25010 Boiler Tender
25040 Sewage Plant Operator ·
25070 Stationary Engineer
25190 Ventilation Equipment Tender
25210 Water Treatment Plant Operator
ROTECTIVE SERVICE:
27004 Alarm Monitor
27~1.0 Court Security Officer
~ Detention Officer
0 Firefighter
27101 Guard %
27102 Guard II
27130 Police Officer
8) ISSUE DATE:06/10/1996 Page 5 of 9
$ 18.80
$ 23.19
$ 17.12
$ 19.02
$ 16.55
$ 19.02
$ 15..65
$ 19.02
19.02
19.02
18.45
21.01
18.29
15.98
19.02
18.45
18.45
18.45
19.02
18.45
19.02
$'19.02
17.88
19.02
$ 17.88
$ 19.02
$ 19.59
$ 19.02
$ 19.02
$ 19.02
$ 19.02
$ 16.55
$ 6.77
· $ 8.75
$ 13.48
19.02
18.45
19.02
15.98
18.45
$ 10.59
$ 18.28
$ 13.53
$ 17.62
$ 6.77
$ 10.59
$ 19.35
"W'AGE DETER~I~AT!ON N0'.:94-2563 (Rev. 8) ISSUE DATE:06/10/1996 Page 6 of 9
~ICAL:
29020 $ 16.54
29030 $ 16.54
29035 $ 17 83
29040
29061
29062
29063
29064
29070
29081
29082
29083
29084
29085
29086
29090
29100
29150
29210
29240
29330
29361
29362
363
64
~J390
29480
29620
29621
Archeological Technician
Cartographic Technician
Computer Based Training
Specialist/Instructor
Civil Engineering Technician
Drafter I
Drafter II
Drafter III
Drafter IV
Embalmer
Engineering Technician I
Engineering Technician II
Engineering Technician III
Engineering Technician IV
Engineering Technician V
Engineering Technician VI
Environmental Technician
Flight. Simula%or/Instructor
(Pilot)
Graphic Artist
Laboratory Technician
Mathematical Technician
Mortician
Paralegal/Legal Assistant I
Paralegal/Legal Assistant II
Paralegal/Legal Assistant III
Paralegal/Legal Assistant IV
Photooptics Technician
Technical Writer
Weather Observer,
Weather Observer,
Senior 2/
Combined 2/
Upper Air and Surface Programs
29622 Weather Observer, Upper Air 2/
TRANSPORTATION/MOBILE EQUIPMENT
OPERATION:
31030
31100
31200
31260
31290
31300
31361
31362
31363
36364
.Bus Driver
Driver Messenger
Heavy Equipment Operator
Parking and Lot Attendant
Shuttle Bus Driver
Taxi Driver
Truckdriver, Light Truck
Truckdriver, Medium Truck
Truckdriver, Heavy Truck
Truckdriver, Tractor-Trailer
MISCELLA/4EOUS:
99005
99020
~030
~40
J50
99260
99300
99350
Aircraft Quality Control
Inspector
Animal Caretaker
Cashier
Child Care Center Clerk
Desk Clerk
Instructor
Lifeguard
Park Attendant (Aide)
16.54
10.51
12.35
14.50
16.54
14.42
12.01
13.48
15.38
18.98
22.85
27.65
16.54
21.03
17.83
13.77
16.54
14.42
12.06
15.14
16.72
22.41
16.54
17.20
15.79
14.20
$
$
$
$
$
$
$
$
$
$
14.20
16.15
10.66
19.06
8.39
9.91
8.66
9.91
16.15
16.95
16.95
$ 24 . 12
$ 9.97
$ 7.94
$ 8.44
$ 9.74
$ 14.42
$ 8.67
$ 10.89
W~GE DETERMiNaTION NO.:94-2563 (Rev.
'¸00
.~500
99510
99610
99630
99658
99659
99660
99690
99720
99730
99740
Photofinishing Worker ( Photo
Lab / Dark Room Technician )
Recreation Specialist
Recycling Worker
Sales Clerk
Sports Official
Survey Party Chief
Surveying Technician
Surveying Aide ~
Swimming Pool Operator
Vending Machine Attendant
Vending Machine Repairer
Vending Machine Repairer
Helper
8) ISSUE DATE:06/10/1996 Page 7 of 9
$ 8.67
13.48
10.33
8.67
8.67
19.86
13.20
9.63
11.42
10.33
11.42
10.33
** Fringe Benefits Required For Ail Occupations Included In
This Wage Determination **
HEALTH.& WELFARE:
$~9~~-~rr--$5~6.~'or--~pc~
VACATION: Two weeks paid vacation after 1 year of service with a
contractor or successor; 3 weeks after 5 years; 4 weeks after 15
years. Length of service includes the whole span of continuous service
with the present contractor or successor, wherever employed, and with
the predecessor contractor in the performance of similar work at the
same Federal facility. (Reg. 4.173)
HOLIDAYS: Minimum of ten paid holidays per year: New Year's Day,
Martin Luther King Jr.'s Birthday, Washington,s Birthday, Memorial
Day, Independence Day, Labor Day, Columbus Day, Veterans' Day,
Thanksgiving Day, and Christmas Day. (A contractor may substitute for
any of the named holidays another day off with pay in accordance with
a plan communicated to the employees involved.) (See 29 CFR 4.t74)
Does not apply to employees employed in a bona fide executive,
administrative, or professional capacity as defined and delineated in
29 CFR 541. (See 29 CFR 4.156)
APPLICABLE TO WEATHER OBSERVERS ONLY - NIGHT PAY & SUNDAY PAY: If you
work at night as a part of a regular tour of duty, you will earn a
NIGHT DIFFERENTIAL and receive an additional 10% of basic pay for any
hours worked between 6pm and 6am. If you are a full-time employee (40
hours a week) and Sunday is part of your regularly scheduled workweek,
you are paid at your rate of basic pay plus a Sunday premium of 25% of
your basic rate for each hour of Sunday work which is not overtime
(i.e. occasional work on Sunday outside the normal tour of duty is
considered overtime work).
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of
this contract (either by the terms of the Government contract, by
~GE DETERMINATION NO.:94-2563 (Rev. 8) ISSUE DATE:06/10/1996 Page 8 of 9
the employer, by t~e state or local law, etc.), the cost of
furnishing such uniforms and maintaining (by laundering or dry
cleaning) such uniforms is an expense that may not be borne by an
emplgyee where such cost reduces the hourly rate below that
required by the wage determination. The Department of Labor will
accept payment in accordance with the following standards as
compliance:
The contractor or subcontractor is required to furnish all
employees with an adequate number of uniforms without cost or to
reimburse employees for the actual cost of the uniforms. In
addition, where uniform cleaning and maintenance is made the'
responsibility of the employee, all contractors and subcontractors
subject to this wage determination shall (in the absence of a bona
fide collective bar~ai~ing agreement providing for a different
amount, or the furnishing of contrary affirmative proof as to the
actual cost), reimburse all employees for such cleaning and
maintenance at a rate of $4.25 per week (or $.85 cents per day).
However, in those instances where the uniforms furnished are made
of "wash and wear" materials, may be routinely washed and dried
with other personal garments, and do not require any special
treatment ~uch as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards
set ~y the terms of the Government contract, by the contractor, by
law, 6r by the nature of the work, there is no requirement that
employees be reimbursed for uniform maintenance costs.
** NOTES APPLYING TO THIS WAGE DETERMINATION **
Source of Occupational Titles and Descriptions:
The duties of employees under job titles listed are those described
in the "Service Contract Act Directory of Occupations,,, Fourth
Edition, January 1993, as amended by the Second Supplement, dated
August 1995, unless otherwise indicated. This publication may be
obtained from the Superintendent of Documents, at 202-783-3238, or
by writing to the Superintendent of Documents, U.S. Government
Printing Office, Washington, D.C. 20402. Copies of specific job
descriptions may also be obtained from the appropriate contracting
officer.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
(Standard Form 1444 (SF 1444) )
Conformance Process:
The contracting officer shall require that any class of service
employee which is not listed herein and which is to be employed
under the contract (i.e., the work to be performed is not performed
by any classification listed in the wage determination), be
classified by the contractor so'as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between
such unlisted classifications and the classifications listed in the
wage determination. Such conformed classes of employees shall be
paid the monetary wages and furnished the fringe benefits as are
determined. Such conforming process shall be initiated by the
contractor prior to the performance of contract work by such
unlisted class(es) of employees. The conformed classification,
wage rate, and/or fringe benefits shall be retroactive to the
WAGE DETERMInaTiON NO.:94-2563 (Rev. 8) ISSUE DATE:06/10/1996 Page 9 of 9
co~mencement date of the contract. (See Section 4.6 (C)(vi))
When multiple wage determinations are included in a contract, a
separate SF 1444 should be prepared for each wage determination to
which a class(es) is to be conformed.
The process for preparing a conformanc~ request is as follows:
1) When preparing the bid, the contractor identifies the need for a
conformed occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report
listing in order proposed classification title(s), a Federal grade
equivalency (FGE) for each proposed classification(s), job
description(s), and rationale for proposed wage rate(s), including
information regarding the agreement or disagreement of the
authorized representative of the employees Involved, or where there
is no authorized representative, the employees themselves. This
report should be submitted to the contracting officer no later than
30 days after such unlisted class(es) of employees performs any
contract work.
3) The contracting officer reviews the proposed action and promptly
submits a report of the action, together with the agency's .
rec6mmendations and pertinent information including the position of
the 'c6ntractor and the employees, to the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, for
review. (See section 4.6(b) (2) of Regulations 29 CFR Part 4).
4) Within 30 days of receipt, the Wage and Hour Division approves,
modifies, or disapproves the action via transmittal to the agency
contracting officer, or notifies the contracting officer that
additional time will be required to process the request.
5) The contracting officer transmits the Wage and Hour decision to
the contractor.
6) The contractor informs the affected employees.
Information required by the Regulations must be submitted on SF
1444 or bond paper.
When preparing a conformance request, the "Service Contract Act
Directory of
Occupations (the Directory) should be used to compare
job definitions to insure that duties requested are not performed
by a classification already listed in the wage determination.
Remember, it is not the job title, but the required tasks that
determine whether a class is included in an established wage
determination. Conformances may not be used to artificially split,
combine, or subdivide classifications listed in the wage
determination.