SOLICITATION NOTICE
B -- Humback Whale survey in Saipan, Commonwealth of the Northern Mariana Islands - Statement of Work - Request for Quote SF18
- Notice Date
- 1/21/2016
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541990
— All Other Professional, Scientific, and Technical Services
- Contracting Office
- Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), PIFSC, 1845 Wasp Boulevard, Building 176, Honolulu, Hawaii, 96818, United States
- ZIP Code
- 96818
- Solicitation Number
- WE-133F-16-RQ-0147
- Point of Contact
- Karen K. Beck, Phone: 808-725-5735
- E-Mail Address
-
Karen.Beck@noaa.gov
(Karen.Beck@noaa.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- SF18 Request for Quote Statement of Work Title: Humpback Whale survey in Saipan, Commonwealth of the Northern Mariana Islands (CNMI) (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) The solicitation number for this procurement is WE-133F-16-RQ-0147 and is hereby issued as a request for quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-78 effective December 26, 2014. (iv) This procurement is 100% set-aside for small business concerns. The associated NAICS code is 541990 with a corresponding small business size standard of $14.0 million. (v) Contract Line Item Numbers See Attached Standard Form 18 included as a separate attachment on FBO. (vi) Description of requirements for the items to be acquired See the Statement of Work which is included as a separate attachment on FBO. (vii) Date(s) and place(s) of delivery and acceptance and FOB Point. Place of Delivery: NOAA/NMFS/PIFSC 1845 Wasp Boulevard, Building 176 Honolulu, HI 96818 All deliveries shall be FOB Destination. All Federal Acquisition Regulation (FAR) clauses listed below are available for download at https://acquisition.gov/far/. (viii) 52.212-1, Instructions to Offerors-Commercial applies to this acquisition. No addenda are included. (ix) 52.212-2, Evaluation-Commercial Items applies to this acquisition as follows: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: VII. EVALUATING FACTORS "Best Value" Analysis: In addition to price, proposals will also be evaluated based on the following factors and subfactors with Factor A being the most important. Factor A -- APPROACH AND CAPABILITIES -- Corporate and individual qualifications for the work; adequacy of equipment, materials and facilities proposed; experience with the types of operations identified in the SOW. This factor includes: • Extent of familiarity with vessel charter operators and survey conditions in CNMI study areas • The choice of charter vessels, including information on vessel capabilities, including desirable features listed in Purpose, and the ability to provide proof of NMFS Small Boat Safety Program and USGC inspections before the contract will be awarded. • Access to appropriate permits to facilitate continuity of surveys and all data collection in the event that PIFSC staff are not aboard the vessel. Factor B -- PAST PERFORMANCE -- Performance by the offeror and its subcontractor(s) as it relates to all solicitation requirements, including the quality of services and products, timeliness of performance, and customer satisfaction; and indication of ability to improve performance through proactive management. Evaluation of this factor will be based on the information contained in the proposal and information provided by references. The Project may evaluate past performance by contacting references and/or other sources. The Project may also consider other information available. Although price is the least important evaluation factor, it will not be ignored. The degree of importance of the proposed price will increase with the degree of equality of the proposals in relation to the other factors on which selection is to be based. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The government reserves the right to make an award to other than the lowest priced offer or if the contracting officer determines that to do so would result in the best value to the government. Note that any and all costs associated with proposal preparation, are the responsibility of the quoter and will not be reimbursed by the government. (x) The quoter must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items with its quote. (xi) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items applies to this acquisition. (xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items applies to this acquisition. Additional FAR clauses cited in the clause are applicable to the acquisition. (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved] __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2014) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). XX (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (33) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (34)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. XX (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). XX (40) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (41)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (42) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (49) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (50) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (53)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). Wage determination no. 2005-2147 dated 01/05/2016 is included and may be obtained at http://www.wdol.gov. If you need another copy or are unable to access this website, please contact the Contracting Officer to obtain a full text copy of the wage determination. XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). XX (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). XX (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-54, Employment Eligibility Verification (AUG 2013). (xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of clause) (xiii) The following additional FAR clauses/Commerce Acquisition Regulations are determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. 1352.209-73 COMPLIANCE WITH THE LAWS (APR) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver. 1352.270-70 PERIOD OF PERFORMANCE (APR 2010) (a) The base period of performance of this contract is from February 15, 2016 through September 30, 2016. If an option is exercised, the period of performance shall be extended through the end of that option period. (b) The option periods that may be exercised are as follows: Period Start date End date Option Task 2 February 15, 2016 September 30, 2016 (c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9. (End of clause) 52.203-99, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-02) (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) (a) Definitions. As used in this clause- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern. "Registered in the System for Award Management (SAM) database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov. (End of clause) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of expiration of this purchase order. (End of Clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor any time prior to purchase order expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years. (End of Clause) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://acqquisition.gov/far 1352.237-75 Key personnel (APR 2010) (a) The contractor shall assign to this contract the following key personnel: To be determined (Name) (Position Title) (Name) (Position Title) (b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer. (c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes. (End of clause) 1352.245-70 Government furnished property(APR 2010) The Government will provide the following item(s) of Government property to the contractor. The contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the "Government Property" clause included in this contract. (As per statement of work, observation equipment and computer system will be provided for contracted tasks). Item No. Description Quantity Delivery date Property/Tag No. (if applicable) (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. ASSURANCE BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2015) (1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2014, none of the funds made available by the Consolidated Appropriations Act, 2014 may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that- (a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreements with the authority responsible for collecting the tax liability. The following additional provisions apply: 1352.233-70 AGENCY PROTESTS (a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: National Marine Fisheries Service Pacific Islands Fisheries Science Center 1845 Wasp Boulevard, Building 176 Honolulu, HI 96818. (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S. Department of Commerce Office of Assistant General Counsel for Finance and Litigation Contract Law Division Herbert C. Hoover Building 14th Street and Constitution Avenue NW, Room H5882 Washington DC 20230 FAX: (202) 482-5858 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel Chief, Contract Law Division, Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW Washington, DC 20230. FAX: (202) 482-5858 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW. Washington, DC 20230 FAX: (202) 482-5858 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2015) (1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2014, none of the funds made available by the Consolidated Appropriations Act, 2014 funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) The Offeror represents that, as of the date of this offer- (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreements with the authority responsible for collecting the tax liability. 52.203-98, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION 2015-02) (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) Scientific and Research Misconduct (a) Definitions. As used in this provision - Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment. Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security. Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of Commerce or the United States of America. Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities. It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion. Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action. (b) General Guidelines 1. Maintaining Integrity. The Contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudications of allegations of research misconduct. 2. In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the Contractor shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto. That Order can be found at http://www.corporateservices.noaa.gov/ames/administrative_orders/chapter_202/202-735-D.html 3. Primary Responsibility. The Contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the Contracting Officer, the Contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so. 4. By executing this contract, the Contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct. 5. The Contractor shall insert the substance of this provision in subcontracts at all tiers that involve research being performed under this contract. (c) Investigating Misconduct Research 1. Initiating Investigation. If the Contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the Contracting Officer and, unless otherwise instructed, the Contractor shall: a. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted. b. If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions. 2. Finalizing Investigation. When the investigation is complete, the Contractor shall forward to the Contracting Officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor's adjudicating official, the adjudicating official's decision and notification of any corrective action taken or planned, and the subject's written response (if any). (d) Findings and Corrective Actions 1. If the Contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall: a. Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, and b. Coordinate remedial action with the Contracting Officer. (e) Department of Commerce Actions 1. The Department of Commerce may accept the Contractor's findings or proceed with its own investigation, in which case the Contractor shall fully cooperate with the investigation. The Contracting Officer will inform the Contractor of the Department's final determination. 2. The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations. Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment. (End) 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://acquisition.gov/far/ (xiv) Defense Priorities and Allocations System (DPAS) and assigned rating do not apply. (xv) Quotes are required to be received in the contracting office no later than 2:00 p.m. Hawaii-Aleutian Standard Time (HAST) on February 2, 2016. (xvi) All quotes must be emailed to the attention of Karen K. Beck, Contracting Officer at: Karen.Beck@noaa.gov. For information regarding the solicitation, the Contracting Officer may be contacted via phone at (808) 725-5735. To be considered, firms must furnish detailed information concerning their capability to provide the required services. Such information shall include (at a minimum): company name, telephone number, address, DUNS number, email address, Standard Form 18, a price proposal and a technical proposal demonstrating the firm's capability to meet the specified requirements. All vendors doing business with the Government are required to be registered in the System for Award Management (SAM) database prior to award of a purchase order. Vendors may register with SAM by calling 1 (866) 606-8220. In order to be eligible to receive an award from this acquisition office, offerors must have a Dun & Bradstreet Number. A Dun & Bradstreet number may be acquired free of charge by contacting Dun & Bradstreet on-line at https://iupdate.dnb.com/iUpdate/companylookup.htm. WD 05-2147 (Rev.-19) was first posted on www.wdol.gov on 01/05/2016 ************************************************************************************ REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2005-2147 Daniel W. Simms Division of | Revision No.: 19 Director Wage Determinations| Date Of Revision: 12/29/2015 _______________________________________|____________________________________________ Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ____________________________________________________________________________________ States: Guam, Northern Marianas, Wake Island Area: Guam Statewide Northern Marianas Statewide Wake Island Statewide ____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 12.50 01012 - Accounting Clerk II 13.53 01013 - Accounting Clerk III 15.59 01020 - Administrative Assistant 17.67 01040 - Court Reporter 15.38 01051 - Data Entry Operator I 10.48 01052 - Data Entry Operator II 11.99 01060 - Dispatcher, Motor Vehicle 13.06 01070 - Document Preparation Clerk 12.25 01090 - Duplicating Machine Operator 12.25 01111 - General Clerk I 10.29 01112 - General Clerk II 11.28 01113 - General Clerk III 12.32 01120 - Housing Referral Assistant 17.15 01141 - Messenger Courier 10.12 01191 - Order Clerk I 11.23 01192 - Order Clerk II 12.25 01261 - Personnel Assistant (Employment) I 14.33 01262 - Personnel Assistant (Employment) II 14.90 01263 - Personnel Assistant (Employment) III 16.48 01270 - Production Control Clerk 18.34 01280 - Receptionist 9.67 01290 - Rental Clerk 11.10 01300 - Scheduler, Maintenance 13.75 01311 - Secretary I 13.75 01312 - Secretary II 15.38 01313 - Secretary III 17.15 01320 - Service Order Dispatcher 11.57 01410 - Supply Technician 17.67 01420 - Survey Worker 15.26 01531 - Travel Clerk I 11.61 01532 - Travel Clerk II 12.57 01533 - Travel Clerk III 13.44 01611 - Word Processor I 12.25 01612 - Word Processor II 13.75 01613 - Word Processor III 15.38 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 13.34 05010 - Automotive Electrician 13.06 05040 - Automotive Glass Installer 12.10 05070 - Automotive Worker 12.10 05110 - Mobile Equipment Servicer 8.59 05130 - Motor Equipment Metal Mechanic 13.06 05160 - Motor Equipment Metal Worker 12.10 05190 - Motor Vehicle Mechanic 13.06 05220 - Motor Vehicle Mechanic Helper 10.12 05250 - Motor Vehicle Upholstery Worker 12.10 05280 - Motor Vehicle Wrecker 12.10 05310 - Painter, Automotive 12.37 05340 - Radiator Repair Specialist 12.10 05370 - Tire Repairer 7.81 05400 - Transmission Repair Specialist 12.10 07000 - Food Preparation And Service Occupations 07010 - Baker 10.47 07041 - Cook I 9.54 07042 - Cook II 11.78 07070 - Dishwasher 7.25 07130 - Food Service Worker 7.78 07210 - Meat Cutter 11.86 07260 - Waiter/Waitress 7.59 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 14.38 09040 - Furniture Handler 8.85 09080 - Furniture Refinisher 14.38 09090 - Furniture Refinisher Helper 10.66 09110 - Furniture Repairer, Minor 12.51 09130 - Upholsterer 14.38 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 8.23 11060 - Elevator Operator 8.23 11090 - Gardener 10.99 11122 - Housekeeping Aide 8.33 11150 - Janitor 8.23 11210 - Laborer, Grounds Maintenance 9.14 11240 - Maid or Houseman 7.25 11260 - Pruner 8.23 11270 - Tractor Operator 10.33 11330 - Trail Maintenance Worker 9.14 11360 - Window Cleaner 9.14 12000 - Health Occupations 12010 - Ambulance Driver 15.81 12011 - Breath Alcohol Technician 15.81 12012 - Certified Occupational Therapist Assistant 21.70 12015 - Certified Physical Therapist Assistant 21.70 12020 - Dental Assistant 13.20 12025 - Dental Hygienist 29.85 12030 - EKG Technician 23.96 12035 - Electroneurodiagnostic Technologist 23.96 12040 - Emergency Medical Technician 15.81 12071 - Licensed Practical Nurse I 14.14 12072 - Licensed Practical Nurse II 15.81 12073 - Licensed Practical Nurse III 17.63 12100 - Medical Assistant 11.54 12130 - Medical Laboratory Technician 14.14 12160 - Medical Record Clerk 11.82 12190 - Medical Record Technician 13.59 12195 - Medical Transcriptionist 14.14 12210 - Nuclear Medicine Technologist 34.75 12221 - Nursing Assistant I10.03 12222 - Nursing Assistant II 11.30 12223 - Nursing Assistant III 12.31 12224 - Nursing Assistant IV 13.84 12235 - Optical Dispenser 15.81 12236 - Optical Technician 14.14 12250 - Pharmacy Technician 13.41 12280 - Phlebotomist 13.84 12305 - Radiologic Technologist 22.64 12311 - Registered Nurse I 20.70 12312 - Registered Nurse II 25.32 12313 - Registered Nurse II, Specialist 25.32 12314 - Registered Nurse III 30.64 12315 - Registered Nurse III, Anesthetist 30.64 12316 - Registered Nurse IV 36.72 12317 - Scheduler (Drug and Alcohol Testing) 19.59 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 15.06 13012 - Exhibits Specialist II 18.66 13013 - Exhibits Specialist III 22.83 13041 - Illustrator I 15.06 13042 - Illustrator II 18.66 13043 - Illustrator III 22.83 13047 - Librarian 20.66 13050 - Library Aide/Clerk 12.00 13054 - Library Information Technology Systems 18.66 Administrator 13058 - Library Technician 15.06 13061 - Media Specialist I 13.46 13062 - Media Specialist II 15.06 13063 - Media Specialist III 16.80 13071 - Photographer I 12.82 13072 - Photographer II 14.32 13073 - Photographer III 17.75 13074 - Photographer IV 21.73 13075 - Photographer V 26.30 13110 - Video Teleconference Technician 12.91 14000 - Information Technology Occupations 14041 - Computer Operator I 13.65 14042 - Computer Operator II 15.76 14043 - Computer Operator III 17.56 14044 - Computer Operator IV 19.50 14045 - Computer Operator V 21.81 14071 - Computer Programmer I (see 1) 15.73 14072 - Computer Programmer II (see 1) 19.50 14073 - Computer Programmer III (see 1) 23.84 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 24.23 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 13.65 14160 - Personal Computer Support Technician 19.50 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 24.23 15020 - Aircrew Training Devices Instructor (Rated) 29.32 15030 - Air Crew Training Devices Instructor (Pilot) 33.30 15050 - Computer Based Training Specialist / Instructor 24.23 15060 - Educational Technologist 22.82 15070 - Flight Instructor (Pilot) 33.30 15080 - Graphic Artist 20.47 15090 - Technical Instructor 17.65 15095 - Technical Instructor/Course Developer 21.58 15110 - Test Proctor 13.87 15120 - Tutor 13.87 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 8.08 16030 - Counter Attendant 8.08 16040 - Dry Cleaner 9.34 16070 - Finisher, Flatwork, Machine 8.08 16090 - Presser, Hand 8.08 16110 - Presser, Machine, Drycleaning 8.08 16130 - Presser, Machine, Shirts 8.08 16160 - Presser, Machine, Wearing Apparel, Laundry 8.08 16190 - Sewing Machine Operator 9.86 16220 - Tailor 10.33 16250 - Washer, Machine 8.46 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 14.49 19040 - Tool And Die Maker 18.20 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 12.49 21030 - Material Coordinator 18.34 21040 - Material Expediter 18.34 21050 - Material Handling Laborer 10.65 21071 - Order Filler 9.66 21080 - Production Line Worker (Food Processing) 12.49 21110 - Shipping Packer 13.33 21130 - Shipping/Receiving Clerk 13.33 21140 - Store Worker I 13.23 21150 - Stock Clerk 18.58 21210 - Tools And Parts Attendant 12.49 21410 - Warehouse Specialist 12.49 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 20.69 23021 - Aircraft Mechanic I 19.70 23022 - Aircraft Mechanic II 20.69 23023 - Aircraft Mechanic III 21.74 23040 - Aircraft Mechanic Helper 13.70 23050 - Aircraft, Painter 18.50 23060 - Aircraft Servicer 16.09 23080 - Aircraft Worker 17.38 23110 - Appliance Mechanic 14.49 23120 - Bicycle Repairer 9.74 23125 - Cable Splicer 15.43 23130 - Carpenter, Maintenance 13.00 23140 - Carpet Layer 13.55 23160 - Electrician, Maintenance 14.99 23181 - Electronics Technician Maintenance I 14.72 23182 - Electronics Technician Maintenance II 15.05 23183 - Electronics Technician Maintenance III 18.31 23260 - Fabric Worker 12.60 23290 - Fire Alarm System Mechanic 15.43 23310 - Fire Extinguisher Repairer 11.67 23311 - Fuel Distribution System Mechanic 15.43 23312 - Fuel Distribution System Operator 13.01 23370 - General Maintenance Worker 11.95 23380 - Ground Support Equipment Mechanic 19.70 23381 - Ground Support Equipment Servicer 16.09 23382 - Ground Support Equipment Worker 17.38 23391 - Gunsmith I 11.67 23392 - Gunsmith II 13.55 23393 - Gunsmith III 15.43 23410 - Heating, Ventilation And Air-Conditioning 15.76 Mechanic 23411 - Heating, Ventilation And Air Contditioning 16.55 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 15.15 23440 - Heavy Equipment Operator 13.73 23460 - Instrument Mechanic 15.43 23465 - Laboratory/Shelter Mechanic 14.49 23470 - Laborer 10.65 23510 - Locksmith 14.49 23530 - Machinery Maintenance Mechanic 17.38 23550 - Machinist, Maintenance 15.43 23580 - Maintenance Trades Helper 9.92 23591 - Metrology Technician I 15.43 23592 - Metrology Technician II 16.41 23593 - Metrology Technician III 17.37 23640 - Millwright 15.43 23710 - Office Appliance Repairer 14.38 23760 - Painter, Maintenance 13.55 23790 - Pipefitter, Maintenance 15.32 23810 - Plumber, Maintenance 14.38 23820 - Pneudraulic Systems Mechanic 15.43 23850 - Rigger 15.43 23870 - Scale Mechanic 13.55 23890 - Sheet-Metal Worker, Maintenance 15.21 23910 - Small Engine Mechanic 13.55 23931 - Telecommunications Mechanic I 19.01 23932 - Telecommunications Mechanic II 19.76 23950 - Telephone Lineman 18.24 23960 - Welder, Combination, Maintenance 14.66 23965 - Well Driller 15.43 23970 - Woodcraft Worker 15.43 23980 - Woodworker 11.67 24000 - Personal Needs Occupations 24570 - Child Care Attendant 10.09 24580 - Child Care Center Clerk 12.58 24610 - Chore Aide 12.43 24620 - Family Readiness And Support Services 12.44 Coordinator 24630 - Homemaker 16.12 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 15.43 25040 - Sewage Plant Operator 14.49 25070 - Stationary Engineer 15.43 25190 - Ventilation Equipment Tender 10.73 25210 - Water Treatment Plant Operator 14.49 27000 - Protective Service Occupations 27004 - Alarm Monitor 10.90 27007 - Baggage Inspector 7.35 27008 - Corrections Officer 12.05 27010 - Court Security Officer 12.05 27030 - Detection Dog Handler 10.90 27040 - Detention Officer 12.05 27070 - Firefighter 12.05 27101 - Guard I 7.37 27102 - Guard II 10.90 27131 - Police Officer I 12.05 27132 - Police Officer II 13.40 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 9.53 28042 - Carnival Equipment Repairer 10.08 28043 - Carnival Equpment Worker 7.78 28210 - Gate Attendant/Gate Tender 13.18 28310 - Lifeguard 11.01 28350 - Park Attendant (Aide) 14.74 28510 - Recreation Aide/Health Facility Attendant 10.76 28515 - Recreation Specialist 18.26 28630 - Sports Official 11.74 28690 - Swimming Pool Operator 17.71 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 15.20 29020 - Hatch Tender 15.20 29030 - Line Handler 15.20 29041 - Stevedore I 14.22 29042 - Stevedore II 16.25 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.77 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.66 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 - Archeological Technician I 17.49 30022 - Archeological Technician II 19.56 30023 - Archeological Technician III 24.21 30030 - Cartographic Technician 23.18 30040 - Civil Engineering Technician 21.93 30061 - Drafter/CAD Operator I 17.49 30062 - Drafter/CAD Operator II 19.56 30063 - Drafter/CAD Operator III 20.74 30064 - Drafter/CAD Operator IV 24.21 30081 - Engineering Technician I 14.62 30082 - Engineering Technician II 16.41 30083 - Engineering Technician III 18.36 30084 - Engineering Technician IV 22.34 30085 - Engineering Technician V 27.83 30086 - Engineering Technician VI 33.66 30090 - Environmental Technician 21.10 30210 - Laboratory Technician 20.74 30240 - Mathematical Technician 23.34 30361 - Paralegal/Legal Assistant I 19.06 30362 - Paralegal/Legal Assistant II 21.53 30363 - Paralegal/Legal Assistant III 26.35 30364 - Paralegal/Legal Assistant IV 30.80 30390 - Photo-Optics Technician 21.93 30461 - Technical Writer I 22.17 30462 - Technical Writer II 27.10 30463 - Technical Writer III 32.79 30491 - Unexploded Ordnance (UXO) Technician I 22.74 30492 - Unexploded Ordnance (UXO) Technician II 27.51 30493 - Unexploded Ordnance (UXO) Technician III 32.97 30494 - Unexploded (UXO) Safety Escort 22.74 30495 - Unexploded (UXO) Sweep Personnel 22.74 30620 - Weather Observer, Combined Upper Air Or (see 2) 20.74 Surface Programs 30621 - Weather Observer, Senior (see 2) 23.00 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 8.15 31030 - Bus Driver 9.69 31043 - Driver Courier 8.97 31260 - Parking and Lot Attendant 7.25 31290 - Shuttle Bus Driver 9.99 31310 - Taxi Driver 8.21 31361 - Truckdriver, Light 8.97 31362 - Truckdriver, Medium 11.61 31363 - Truckdriver, Heavy 12.48 31364 - Truckdriver, Tractor-Trailer 12.48 99000 - Miscellaneous Occupations 99030 - Cashier 7.46 99050 - Desk Clerk 9.70 99095 - Embalmer 22.74 99251 - Laboratory Animal Caretaker I 16.24 99252 - Laboratory Animal Caretaker II 17.04 99310 - Mortician 22.74 99410 - Pest Controller 13.28 99510 - Photofinishing Worker 11.95 99710 - Recycling Laborer 10.76 99711 - Recycling Specialist 16.27 99730 - Refuse Collector 10.24 99810 - Sales Clerk 8.95 99820 - School Crossing Guard 15.03 99830 - Survey Party Chief 20.30 99831 - Surveying Aide 11.54 99832 - Surveying Technician 15.00 99840 - Vending Machine Attendant 20.19 99841 - Vending Machine Repairer 23.57 99842 - Vending Machine Repairer Helper 20.19 ____________________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; and 4 weeks after 3 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol. gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/. 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 commencement 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 conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the 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.
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