Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 21, 2018 FBO #5962
SOLICITATION NOTICE

56 -- Installation of heavy bag trolley system - Picture 4 - Picture 3 - Picture 1 - Picture 2

Notice Date

3/19/2018
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

236220 — Commercial and Institutional Building Construction
 

Contracting Office

Department of Homeland Security, Transportation Security Administration, Headquarters TSA, 601 S. 12th Street, TSA-25, 10th Floor, Arlington, Virginia, 20598, United States
 

ZIP Code

20598
 

Solicitation Number

70T05018Q7NREM203
 

Archive Date

4/13/2018
 

Point of Contact

Peter S Larsen, Phone: 202-380-8955
 

E-Mail Address

peter.s.larsen@tsa.dhs.gov
(peter.s.larsen@tsa.dhs.gov)
 

Small Business Set-Aside

N/A
 

Description

Picture 2 Picture 1. Picture 3 Picture 4 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; quotes are being requested and a written solicitation will not be issued. (ii) The solicitation number is 70T05018Q7NREM203 and is issued as a request for quotation (RFQ). The acquisition is being conducted as a simplified acquisition pursuant to the authority of Federal Acquisition Regulation (FAR) 13. (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97, / 03-16-2018. (iv) The acquisition is set-aside for small businesses. The associated NAICS code is 236220 with a small business size standard of $36.5 million. (v) A list of line item numbers and items, estimated quantities, and units of measure (including options) is included as an attachment to this announcement. (vi) The requirement is for the installation of a Heavy Bag Trolley racks. Paragraph (m) is added as follows: "(m) Data Universal Numbering System (DUNS). Quoters shall include their DUNS number in their quote." (ix) The provision at 52.212-2, Evaluation-Commercial Items does not apply. The following evaluation procedures will be used: Award will be made using a lowest price technically acceptable (LPTA) selection process. Award may be made on initial quotations. Therefore, each initial quote should contain the quoter's best terms from a technical and price standpoint. However, the Government reserves the right to contact quoters if it is later determined by the contracting officer to be necessary. The LPTA process will proceed as follows: 1) Quotes may be removed from consideration for, but not limited to, the following reasons: Quotes that are not received timely Quotes that fail to follow the instructions in FAR Provision 52.212-1 Quotes that fail to submit any required documentation Quotes that have language inconsistent with the terms and conditions set forth in the solicitation 2) Quotes will be ordered by price from lowest to highest. 3) The Government will then review Factor 1 of the lowest priced quote. If the review finds that Factor 1 of the lowest priced quote is acceptable, the Government will then evaluate Factor 2 of the lowest priced quote. If the review finds that Factor 2 of the lowest priced quote is acceptable, that quote represents the best value to the Government and the technical evaluation process stops at this point. Contingent upon a subsequent determination of price reasonableness and of contractor responsibility by the Contracting Officer, an award will be made to that quoter without further consideration of any other quoters. If the lowest quote is determined not to be acceptable for any reason, then the next lowest priced quote will receive an evaluation as described above. The process will continue (in order by price) until a quote from a responsible contractor is determined to be acceptable and priced fairly and reasonably. 4) USING THIS PROCEDURE, THE GOVERNMENT MIGHT NOT EVALUATE ALL QUOTES. (e) Each Factor will be evaluated as follows: Factor 1. Technical Acceptability Technical Acceptability will be rated on an "acceptable" or "unacceptable" basis as follows: Acceptable - A quoter will be determined technically acceptable based on their affirmation that they can supply all contract line items as detailed in the contract specifications without deviation. The affirmation shall be supported by the technical description submission required by FAR 52.212-1(b)(4). Unacceptable - A quoter will be determined technically unacceptable in absence of an affirmation that they can supply all contract line items as detailed in the contract specifications without deviation, or the affirmation is not supported by the technical submission required by FAR 52.212-1(b)(4). Factor 2. Price Price will not be rated. Price analysis will be conducted to determine reasonableness. (x) Quoters are required to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items with its quote. Quoters shall complete only paragraph (b) of this provision if they have completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Quoter has not completed the annual representations and certifications electronically, it shall complete only paragraphs (c) through (q) of this provision. 1.0 General Requirement Information The Transportation Security Administration (TSA) has a requirement for the installation of Gym Style Heavy Bag Racks at the Transportation Security Administration Training Center (TSATC) on a firm fixed priced purchase order. 2.0 Description of work TSA requires the purchase and installation of two Gym Style Heavy Bag Racks for the Atlantic City TSATC, William J. Hughes FAA Technical Center, Building 360, Mat Room. This work will include purchase and installation of two Heavy Bag racks, approximate length of 40 feet each. Anticipated period of performance is from 4/15/2018-4/30/2018. 2.1 Scope of Work PART 1 - SCOPE OF WORK: GENERAL: The work to be performed under this contract and in accordance with this Statement of Work shall consist of installing GYM style Heavy Bag Racks. Work to include all parts, labor and material for a complete operating system. HOURS OF WORK: All work shall be completed during normal working hours. Normal working hours are defined as Monday through Friday, 8:00 A.M. to 5:30 P.M., except Federal Holidays. Before starting the project, the contractor shall submit an installation schedule for the Contracting Officer's Representative (COR) for approval. Prior to, or during, the project the COR reserves the right to adjust the installation schedule for the convenience of the government LOCATION: All services will be rendered at the Transportation Security Training Center building located on the William J. Hughes FAA Technical Center complex. • Building 360 Mat Room SUPPLIES: Supplies can be stored prior to installation in the nearest Mechanical Room or Hanger area, location set by COR. QUALITY ASSURANCE: Installer Qualifications: At least 5 years successful experience in commercial Gym equipment installations similar in size and type to the requirements of the project. WORK MANAGEMENT PLAN: The contractor shall submit a Work Management Plan, prior to beginning any work, for approval. Plan to detail how the Contractor intends to perform the work required in the contract, including but not limited to area protection, area security, safety and application schedule. WORK AREA ACCESS: Government escorts are required while within the confines of the William J. Hughes Technical Center. Each morning of scheduled work, a government representative will meet you at the main entrance, in the parking lot of the WJHTC Security Operations Center. Temporary badges and vehicle passes will be provided and the Contractor and his\her vehicles will be escorted to the work site. SAFETY: All Contractor operations shall be conducted and performed in accordance with Department of Labor, OSHA requirements found in 29 CFR 1910 (1910.146 and 1910.147) and 29 CFR 1926. The Contractor shall ensure that all work is performed in accordance with project identified national standards, instructions, pamphlets, and handbooks, and with the edition in effect on the date of this solicitation of the US Armory Corps of Engineers (USACE) Safety Manual 385-1-1. Contractor to utilize all safety barricades, cones, caution tape, etc. Job sites are subject to inspections by the Department of Labor, FAMS Inspector and the Federal Aviation Administration. In the event of conflicts between the OSHA standards and these requirements, the most stringent shall apply. Resolution of Department of Labor citations for violations of OSHA standards is a Contractor responsibility and shall provide for no basis of a claim against the Government. GOVERNMENT PROPERTY: The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, on the Government installation. If the Contractor fails to use reasonable care and causes damage to any of the property, the Contractor shall replace or repair the damage at no expense to the Government. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price. SITE MAINTENANCE & CLEANUP: Work area shall be maintained in a neat, clean, and safe condition and shall, at a minimum, be cleaned at the end of each shift. All area's in or adjacent to the site shall remain free of project generated trash and debris at all times. Disposal shall be outside the limits of Government property. Upon completion of the work, the Contractor shall leave the work site and storage area(s) in a clean, neat condition satisfactory to the COR. WARRANTY: The Contractor shall identify all items being installed that are guaranteed or under warranty for more than a one-year period, and provide validated copies of the manufacturer's warranty. All warranty information shall be filed by the Contractor in the Government's name. All warranties shall be identified by product with a listing of the name and address of the company and the expiration date of the guarantee or warranty. DELIVERY, STORAGE & PARKING: All equipment and material delivered and stored shall be protected from the weather, humidity and temperature variation, dirt, dust, and any other contaminants. The Contractor may store equipment and material only in areas designated by the Contracting Officer's Representative. All project storage areas shall be kept free of debris and kept in a neat, clean, and safe condition. Contractor will not be required to provide their own portable toilets and will be allowed to use Government lavatory facilities, if desired. SUBMITTALS: The Contractor shall provide submittals in the form of manufacturer's data for equipment listed, to be provided with proposal. The Contractor will not be permitted to perform any work on site without approved submittals. These submittals include, but are not limited to: • Wall and floor mounted heavy bag rack mounting frame layout from manufacturer. • Trolley system • Safety Management Statement - a general acknowledgement of the requirement to work safely and follow the safety guidelines referenced in the documents mentioned herein along with acknowledgement of the contractor's responsibility to make all of their employees and subcontractors aware of the safety guidelines referenced herein and instruct all personnel working on this contract that safety is paramount and everyone's responsibility. • Work Management Plan - an outline of how the work will be performed with an estimate of calendar days to complete from the notice to proceed PART 2. - PRODUCTS VERIFICATION OF DIMENSIONS & CONDITIONS: The Contractor shall visit the premises to become thoroughly familiar with the details of the work and working conditions. The Contractor shall field verify all dimensions and quantities and advise the COR of any discrepancies before starting the work. CONTRACTOR PROVIDED MATERIALS: The Contractor shall provide all equipment, materials and labor necessary to complete the work required. PART 3. - EXECUTION GENERAL: All work shall be provided as stated in this STATEMENT OF WORK, and as shown on project documents, in accordance with manufacturer's recommendation, unless otherwise specified. All dimensions and quantities shown are for information only, as previously mentioned, the Contractor shall field verify all dimensions, quantities and site conditions. This project entails the installation of two wall mounted heavy bag racks with trolley slide system. APPLICATION: All work shall be prepared and installed according to manufacturer's recommendations and in accordance with industry best practices. 1. Trolley system to be a rolling trolley system style with wheels and braking devices. 2. All vertical posts to be padded. 3. Crossbar track to be minimum 2.5"x3" minimum, solid core main I-Beams for each 8' section. 4. I-Beam track to have variable positioning, allowing full spacing. 5. Provide Heavy bag springs, springs to be rated for minimum 250 lbs. 6. Trolley to be locking pin style. 7. System to be installed along side walls and mounted to existing concrete floor, not extending past 4'6" into room. Overhead mounting not permitted. 8. Professionally cut out and seal edges of existing mats, around posts. 9. Secure rack system with sturdy concrete anchor bolts to floor. 10. Secure rack system to side walls to prevent swaying. 11. Provide Manufactures submittals for all new units, for Government approval before ordering. 12. Install as per Manufactures recommendations. The work for this project shall be executed in the best and most workmanlike manner, by qualified and efficient mechanics\tradesmen, skilled in their respective trades. Individual trade work for this project shall be performed and quality maintained by the applicable trade only. The Contractor shall assure that all trades coordinate their work with that of other trades. The Contractor shall coordinate and perform all operations in a manner that will result in a professional and expeditiously completed project. The work shall be in strict accordance with prevailing industry standards and manufacturer's instructions. Work and materials shall comply with this Statement of Work and the editions in effect at the time of this solicitation for applicable criteria, regulations, guidelines, and codes, all of which are make a part thereof. Contractor to be licensed and insured. Provide a work management plan for approval by the Contract Officer's Representative. WORKMANSHIP: All work shall be coordinated and scheduled with the Contracting Officer's Representative (COR) or his/her representatives. The COR, or his/her representatives, have the right to reject any unsatisfactory or unsuitable materials, or workmanship. All work shall be accomplished in accordance with the best practices of the trade. All work shall comply with applicable Federal, State and municipal health and safety requirements. Where there is a conflict between applicable regulations, the most stringent will apply. The contractor shall provide all necessary safety equipment and ensure that such equipment and safety procedures are adequate for the job being performed and utilized properly. COMPLETION & INSPECTION: The Contractor shall ensure that all work is performed in accordance with the criteria herein and that all requirements contained in this and all other project documents are met. 2.2 Requirement Information Name of Requiring Office: Transportation Security Administration Attn: Ralph Stover 609.813.3415 Atlantic City, NJ 08405 2.3 Pricing Table The prices shall be detailed in the following pricing table: CLIN No. Item Total Price 00001 Purchase and installation of Gym style Heavy Bag Trolley System for TSATC. Grand Total $ Firm fixed pricing to include all parts, materials, labor, permits and insurance to complete job. TSA is a tax exempt Federal Agency. 3.0 CONTRACT ADMINISTRATION DATA 3.1 G. 5200.243.001 CONTRACTING OFFICER (CO) (AUG 2015) The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the Contracting Officer. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) 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 without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The following Primary Contracting Officer is assigned to this contract. Alternate Contracting Officers may be assigned: TSA Contracting Officer: NAME: Peter S. Larsen PHONE NUMBER: 202.380.8955 EMAIL: Peter.S.Larsen@tsa.dhs.gov 3.2 G.5200.242.003 SUBMISSION OF INVOICES (AUG 2015) "SUBMISSION OF INVOICES" (a) Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen). (b) Invoice Submission Method: Invoices may be submitted via facsimile, U.S. Mail, or email. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference: 1) Facsimile number is: 757-413-7314 The facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only. If facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (d) of this clause. 2) U.S. Mail: United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111 (FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil) (c) Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer's Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of the invoices. Note for discounts offered: Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty day payment period specified under Prompt Payment requirements; however the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract. Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract. (d) Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means: (1) Via the internet: https://www.fincen.uscg.mil Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week. (2) Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm (e) Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract. (f) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer's Representative. Note for "time-and-material" type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a "time-and-materials" type contract, order, or contract line item: "The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract's specified requirements for the labor category invoiced." (g) Additional Invoice Preparation Instructions for Software Development and/or Hardware. The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.) (h) Frequency of Invoice Submission: After completion and acceptance. 4.0 TSA SPECIAL CONTRACT REQUIREMENTS 4.1 H.5200.204.002 PERSONNEL ACCESS (AUG 2015) All Contractor personnel requiring unescorted access to TSA facilities, information systems, or information will be subject to the security procedures set forth in this contract. 4.2 H.5200.212.001 COMMERCIAL APPLICABILITY (FEB 2015) This contract 0is/1is not for commercial item, as defined by FAR 2.1. 4.3 H.5200.223.001 WORKPLACE VIOLENCE PREVENTION (AUG 2015) All Contractor personnel requiring unescorted access to TSA facilities, information systems, or information will be required to complete Workplace Violence Prevention training available through the TSA Online Learning Center. The course, entitled "Preventing Workplace Violence at TSA" shall be completed within 60 days of onboarding. 4.5 H.5200.224.001 DISCLOSURE OF INFORMATION (AUG 2015) Information furnished by the Contractor under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personally-identifiable information must be clearly marked. Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the requirements of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and information and must ensure that all work performed by its Subcontractor(s) shall be under the supervision of the Contractor or the Contractor's employees. 4.6 H 5200.237.004 Contractor Responsibility, Conduct and Performance under TSA Service Contracts (FEB 2015) A. BASIC REQUIRED STANDARDS OF CONDUCT RELATED TO BUSINESS UNDER GOVERNMENT CONTRACTS 1. General. The Government has the basic inherent expectations of timely, focused, effective, and competent performance by the Contractor under a contract. The Contractor has the basic inherent expectation of fair treatment under the contract, where the Contractor's employees, when in Government facilities or in circumstances where the Government has primary control or responsibility, have the expectation of performance in a safe and non-hostile work environment. 2. Adherence to Standards. The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. Contractor employees performing work under this contract shall not: a) Solicit new business (on-site at government spaces, or while on work during periods paid by Government) while performing work under the contract; b) Conduct business other than that which is covered by this contract during periods paid by the Government; c) Conduct business not directly related to this contract while on Government premises; d) Use Government computer systems or networks, Government property or materials, and/or Government facilities for company or personal business; e) Recruit while on Government premises or otherwise act to disrupt official Government business while on Government premises. f) Discuss with unauthorized persons any information obtained during the performance of work under this contract. 3. Reporting Matters. a) Illegal and Unethical Conduct. The Contractor, and its employees shall immediately report to the Contracting Officer and/or Contracting Officer's Representative, any illegal or unethical conduct observed, noticed, or discovered while on Government premises or during periods paid by the Government under this contract, without regard as to the source of such conduct (except that any matter involving only contractor employees, apart from any Government requirements or the specific requirements of this contract, is deemed to be strictly the concern of the Contractor). The Contractor shall immediately report to the Government all actual or suspected violations of Government information, personnel, or physical security requirements. The Contractor shall fully comply with all of the reporting requirements that are expressed for specified circumstances and issues identified in discrete Federal Acquisition Regulation or Homeland Security Acquisition Regulation clauses in force under this contract. b) Emergency Situations While on Government Premises. Contractor employees shall immediately report any emergency situations they may witness (any circumstance where actual or potential loss of life, serious injury, or critical damage to property, or other serious incidents, such as fires, or workplace violence, terrorist activities, or other criminal behavior is occurring ) per standing TSA procedures while they are performing under contract in government facilities. c) Government Employee Misconduct. In the event of misconduct by a government employee which is observed or witnessed by a contractor employee, (or in the event of any unauthorized conduct to which a Government employee may subject a contractor employee) the contractor employee shall immediately report such to their on-site contractor supervisor or other company-designated management official, the Contracting Officer and/or Contracting Officer's Representative. d) Workplace safety. In the event of any situation involving workplace safety, the contractor employee shall immediately report such to their on-site contractor supervisor or other company -designated management official, the Contracting Officer and/or Contracting Officer's Representative. 4. The Contracting Officer may require dismissal from work under this contract and/or removal of access to government facilities, property, information and/or information systems of those employees which the Contracting Officer deems contrary to the public interest or inconsistent with the best interest of national security. 5. Non-Disclosure Agreements are required to be signed by all Contractor personnel when their role requires them to come into contact with Sensitive But Unclassified, Government procurement sensitive information, and/or other sensitive information, or proprietary business information from other Contractors (e.g., cost data, plans, and strategies). The recipient certifies in writing that they will take the necessary steps to prevent the unauthorized disclosure and use of information. The Contracting Officer will provide the prescribed non-disclosure forms as necessary to the Contractor when circumstances warrant. B. BASIC REQUIREMENTS AFFECTING CONTRACTOR PERFORMANCE 1. Contractor Responsibility for Performance Management. The Contractor shall provide all management, administrative, clerical, and supervisory functions required for the effective and efficient performance of this contract. 2. Limitation on Government Liability. The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to another Federal statutory authority. 3. Responsibility for Effective Contract Transitions. A smooth and orderly transition between the Contractor and a predecessor or successor Contractor is necessary to ensure minimum disruption to vital Government business. The Contractor shall cooperate fully in the transition. 4. The Government observes the following holidays: New Year's Day Martin Luther King, Jr. Birthday Washington's Birthday (President's Day) Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day a) In addition to the days designated as holidays, the Government observes also the following days: • Any other day designated by Federal Statute, and • Any other day designated by Executive Order, and • Any other day designated by President's Proclamation, such as extreme weather conditions. • Inauguration Day (Washington, DC metropolitan area) b) When the Government grants excused absence to its employees in a specific location, assigned Contractor personnel at that same location may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the Contracting Officer's Representative. Observance of such holidays by Government personnel shall not be a reason for the Contractor to request an extension of the period of performance, or entitlement of compensation except as set forth within the contract. c) In the event the Contractor's personnel work during the holiday or other excused absences, they may be compensated by the Contractor, however, no form of holiday or other premium compensation will be considered either as a direct or indirect cost, other than their normal compensation for the time worked. For cost reimbursable and time and material (T&M) contracts, the Government will only consider as direct and/or indirect costs those efforts actually performed during the holiday or excused absences in the event contractor personnel are not dismissed. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract. Otherwise, the management responsibility for contractor functions approved by the Contracting Officer for offsite work, in the event of inaccessibility of federal workplaces are the sole responsibility of the contractor. The contractor may propose telework or other solutions when critical work is required, however, the Contractor is solely responsible for any cost differential in performance, all liabilities that may be due to performance at an alternate location and all resources necessary to complete such performance. d) In the event of an actual emergency, the Contracting Officer may direct the contractor to change work hours or locations or institute telework, utilize personal protective equipment or other mandated items. e) In the event of a Government shutdown caused by a lapse in appropriations, which can occur at the beginning of a fiscal year if no funds have been appropriated for that year, or upon expiration of a continuing resolution if a new continuing resolution or appropriations law is not passed, the Contractor shall continue performance under the contract unless otherwise instructed in writing by a Contracting Officer. Unless the Contractor is provided a formal notification to the contrary, usually via a Stop Work Order pursuant to FAR 52.242-15, the Contractor must continue to comply with all terms and conditions of the contract. If a contract will not be affected by a shutdown, generally no separate notification or communication of that fact will be provided. C. CONTRACTOR'S RESPONSIBILITY FOR ASSIGNED SPACE, EQUIPMENT, AND SUPPLIES. If, due to the fault or neglect of the Contractor, his agents, or employees, damages are caused to any Government property, equipment, stock or supplies, during the performance of this contract, the Contractor shall be responsible for such loss or damage and the Government, at its option, may either require the Contractor to replace all property or to reimburse the Government for the full value of the lost or damaged property. The Contractor is responsible for maintaining all assigned space(s) in a clean and orderly fashion during the course of this contract. All telephones are for conducting official Government business only. D. CONTRACTOR EMPLOYEE TRAINING REQUIREMENTS. The Contracting Officer's Representative will identify any specified government training which the contractor's employees will be required to complete as a precursor to or coincident with their authorized access to or use of government space or facilities, equipment, information, or information systems as a necessary component of performance required under the contract. Contractor employees are responsible for providing required evidence of timely training completion when the Government assigns such training. The contractor shall provide fully trained and experienced personnel. Training of contractor personnel shall be performed by the contractor at its expense, except as directed by the Government through written authorization by the Contracting Officer to meet special requirements peculiar to the contract. Training includes attendance at seminars, symposia or user group conferences. Training will not be authorized for the purpose of keeping contractor personnel abreast of advances in the state-of-the-art or for training contractor employees on equipment, computer languages and computer operating systems that are available on the commercial market or required by a contract. This includes training to obtain or increase proficiency in word processing, spreadsheets, presentations, and electronic mail. E. COOPERATION WITH AUDITORS AND INVESTIGATORS. The Contractor shall cooperate fully with all auditors and investigators on all matters arising under or directly related to this contract and/or any other matter that may occur in relation to the contractor's presence within Government facilities or due to access to Government information, information systems, property or equipment. F. EMPLOYEE REMOVAL. The Government may identify to the Contractor any contractor employee for removal from contract performance upon notification of failure to comply with the requirements herein. G. EMPLOYEE TERMINATION. The contractor shall notify the Contracting Officer and the Contracting Officer's Representative within 48 hours when an employee performing work under this contract who has been granted access to government information, information systems, property, or government facilities access terminates employment, no longer is assigned to the contract, or no longer requires such access. The contractor shall be responsible for returning, or ensuring that employees return, all DHS/TSA -issued contractor/employee identification, all other TSA or DHS property, and any security access cards to Government offices issued by a landlord of commercial space. H. PERSONNEL CHANGES. The Contractor shall notify the Contracting Officer's Representative (COR) in writing of any changes needed in building, information systems, or other information access requirements for its employees in order to meet contract requirements not later than one day after any personnel changes occur. This includes name changes, resignations, terminations, and transfers to other Contractors. The Contractor shall provide the following information to the COR: full name, social security number, effective date, and reason for change. I. SUBSTITUTION OF KEY PERSONNEL. The Contractor shall notify the Contracting Officer (CO) and the Contracting Officer's Technical Representative (COR) prior to making any changes in Key Personnel. No changes in Key Personnel will be made unless the Contractor can demonstrate that the qualifications of prospective replacement personnel are equal to or better than the qualifications of the Key Personnel being replaced or otherwise meet the standards applicable in the contract. All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The CO shall be notified in writing of any proposed substitution at least fifteen (15) days, or forty-five (45) days if either a background investigation for building or information system access and/or a security clearance (due to classified contract requirements that relate specifically to personnel) must be obtained to meet the contract's requirements, in advance of the proposed substitution. Such notification from the contractor shall include: 1. an explanation of the circumstances necessitating the substitution; 2. a complete resume of the proposed substitute; and 3. any other information requested by the CO to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award. The CO and COR will evaluate substitution requests and promptly notify the Contractor of his/her approval or disapproval in writing. All disapprovals will require resubmission of another substitution within 15 calendar days by the Contractor. I. FAILURE TO COMPLY. Any failure by the Contractor to comply with these requirements may result in a contract termination and/or any other remedy available to the Government, up to and including criminal prosecution where provided for by law. J. INTERRELATIONSHIP OF ASSOCIATE CONTRACTORS. The TSA may enter into contractual agreements with other Contractors (i.e., "Associate Contractors") in order to fulfill requirements separate from the work to be performed under this contract, yet having a relationship to performance under this contract. It is expected that contractors working under TSA contracts will have to work together under certain conditions in order to achieve a common solution for TSA. The Contractor may be required to coordinate with other such Contractor(s) through the cognizant Contracting Officer (CO) and/or designated representative in providing suitable, non-conflicting technical and/or management interface and in avoidance of duplication of effort. Information on deliverables provided under separate contracts may, at the discretion of the TSA and/or other Government agencies, be provided to such other Contractor(s) for the purpose of such work. Where the Contractor and an associate Contractor fail to agree upon action to be taken in connection with their respective responsibilities, each Contractor shall promptly bring the matters to the attention of the cognizant CO and furnish the Contractor's recommendations for a solution. The Contractor shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of failure of the Contractor and its associate to promptly refer matters to the CO or because of failure to implement CO directions. Where the Contractor and Associate Contractors are required to collaborate to deliver a service; the Government will designate, in writing and prior to the definition of the task, to both Contractors, a "lead Contractor" for the project. In these cases the Associate Contractors shall also be contractually required to coordinate and collaborate with the Contractor. TSA will facilitate the mutual execution of Non-Disclosure Agreements. K. PERSONAL SERVICES "Personal services" are those in which contractor personnel would appear to be, in effect, Government employees via the direct supervision and oversight by Government employees. No personal services shall be performed under this contract. No Contractor employee will be directly supervised by a Government employee. All individual Contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor of the Contractor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently governmental actions as defined by FAR 7.500. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change any contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer. The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this special contract requirement shall limit the Government's rights in any way under any other term of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this special contract requirement shall be included in all subcontracts at any tier. Compliance with this Special Contract Requirement is included in the contract price and shall not be a basis for equitable adjustment. 5.0 DHS CLAUSES: 5.2 3052.424-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003) The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. An electronic or printed copy of any material proposed to be published or distributed shall be submitted to the Contracting Officer. (End of clause) 6.0 FAR CLAUSES: 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) a) Definition. As used in this clause- "Global warming potential" means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0. "High global warming potential hydrofluorocarbons" means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR Part 82 subpart G with supplemental tables of alternatives available at (http://www.epa.gov/snap/). "Hydrofluorocarbons" means compounds that only contain hydrogen, fluorine, and carbon. "Ozone-depleting substance," means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as- (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or (2) Class II, including, but not limited to, hydrochlorofluorocarbons. (b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows: Warning Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere. * The Contractor shall insert the name of the substance(s). (c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall- (1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by- (i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.); (ii) Contract number; and (iii) Equipment/appliance; (2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after- (i) Annually by November 30 of each year during contract performance; and (ii) At the end of contract performance. (d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap. (End of clause) 6.1 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS. (SEP 2010) (a) Definitions. As used in this clause- "Commercially available off-the-shelf (COTS) item"- (1) Means any item of supply (including construction material) that is- (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. "Component" means an article, material, or supply incorporated directly into a construction material. "Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. "Cost of components" means- (3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material. "Domestic construction material" means- (1) An unmanufactured construction material mined or produced in the United States; (2) A construction material manufactured in the United States, if- (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. "Foreign construction material" means a construction material other than a domestic construction material. "United States" means the 50 States, the District of Columbia, and outlying areas. (b) Domestic preference. (1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: _None_______________________________________________ (3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that- (i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent; (ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including- (A) A description of the foreign and domestic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause. (3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Construction Materials Price Comparison Construction Material Description Unit of Measure Quantity Price (Dollars)* Item 1: Foreign construction material _______ _______ _______ Domestic construction material _______ _______ _______ Item 2: _______ _______ _______ Foreign construction material _______ _______ _______ Domestic construction material [List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] (End of Clause) 6.2 FAR 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): www.acquisition.gov/far 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.204-7 System for Award Management (JUL 2013) 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items (DEC 2014) 52.222-3 Convict Labor (JUNE 2003) 52.222-6 Davis-Bacon Act (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2014) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging White Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.227-4 Patent Indemnity-Construction Contracts (DEC 2007) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-8 Discounts for Prompt Payments (FEB 2002) 52.232-27 Prompt Payment for Construction Contracts (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (JUL 2013) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award (AUG 1996) 52.236-5 Material and Workmanship (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-14 Availability and Use of Utility Services (APR 1984) 52.242-14 Suspension of Work (APR 1984) 52.243-1 Changes-Fixed Price (AUG 1987) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (OCT 2014) 52.246-12 Inspection of Construction (AUG 1996) 52.242-17 Government Delay of Work (APR 1984) 52.249-1 Termination for Convenience of the Government (Fixed-Price (Short Form) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.251-1 Government Supply Sources (APR 2012) SECTION 7: LIST OF ATTACHMENTS Attachment 1 - Wage Determination SECTION 8: INSTRUCTIONS TO OFFERORS: 8.1 General: The quotation must include all costs for insurance, permitting, and badging. This acquisition is being conducted under FAR Part 13, Simplified Acquisition Procedures. Contractors must be registered in the SAM prior to award. Registration is free. www.sam.gov. The wage determination is hereby attached. In addition, the following information must be submitted with the quotation: • DUNS Number • Business size • Quotes should reflect a breakdown of labor hours and materials Questions on Request for Quote (RFQ): If you have any questions regarding this RFQ, please e-mail the contract specialist at Peter.S.Larsen@tsa.dhs.gov or call Peter Larsen, 202.380.8955. 8.2 Quotation Submittal Instructions: Due Date: Monday March 29, 2018 1:00 p.m. Pacific Time Submit to: Peter.S.Larsen@tsa.dhs.gov Submittal Format: Email submissions only. SECTION 9: EVALUATION FOR AWARD Award will be made based on the lowest priced technically acceptable quotation based on the following evaluation criteria. • Price • Technical acceptability (ability to meet all security and permitting requirements and perform entire scope of work for a firm fixed price) SECTION 10: TSA SPECIAL CONTRACT PROVISIONS 10.1 L. 5200.225.001 NOTICE TO OFFERORS/CONTRACTORS CONCERNING TRADE AGREEMENTS TERMS APPLICABILITY TO THE TRANSPORTATION SECURITY ADMINISTRATION (DEC 2014) With respect to the following Federal Acquisition Regulation (FAR) provisions and clauses listed directly below: FAR 52.225-1 "Buy American Act-Supplies," FAR 52.225-2 "Buy American Act-Certificate," FAR 52.225-5 "Trade Agreements," FAR 52.225-6 "Trade Agreements Certificate," FAR 52.225-9 "Buy American Act-Construction Materials," FAR 52.225-10 "Notice of Buy American Act Requirement-Construction Materials," FAR 52.225-11 "Buy American Act-Construction Materials under Trade Agreements," and FAR 52.225-12, "Notice of Buy American Act Requirement-Construction Materials under Trade Agreements" Offerors are hereby notified that the World Trade Organization Government Procurement Agreement presently makes the Transportation Security Administration (TSA) subject only to sources from within the following signatory countries: Canada, Chinese Taipei, Hong Kong, Israel, Liechtenstein, Norway, European Union, Iceland, Japan, Aruba, and Singapore. Otherwise, the only other trade agreements that presently cover the TSA are the North American Free Trade Agreement and the U.S.-Chile Free Trade Agreement. The TSA cannot evaluate offers or award contracts to sources from countries not covered in these identified trade agreements or as specified herein. Offerors must analyze their intended proposals and provide information in response to the required provisions accordingly. The European Union participation is as defined at http://www.wto.org/english/thewto_e/countries_e/european_communities_e.htm 10.2 L. 5200.233.001 AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103 (MAY 2014) In the event of receipt of the Contracting Officer's final decision of an agency-level protest in accordance with Federal Acquisition Regulation 33.103, the offeror is hereby advised that an appeal process is available from within the agency. The Assistant Administrator of the Office of Acquisition in the Transportation Security Administration is the independent appeal authority. All appeals must be submitted in writing and signed by a company official who is authorized to commit the company and contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting Officer's decision (and copy of such decision). Appeals must be sent to Transportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST, Office of Acquisition, 601 S. 12th Street, Arlington, VA 20598-6025. SECTION 11: DHS PROVISIONS 11.1 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. 11.2 3052.247.72 F.O.B. DESTINATION ONLY (DEC 2003) Offers are invited on the basis of f.o.b. destination only. Offers submitted on any other basis will be rejected as nonresponsive. SECTION 12: FAR PROVISIONS 12.1 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS 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 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. (vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xvii) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies. (D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies. (xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations. (xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations. (xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (2) The following certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror. __ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. __ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification. __ (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification. __ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). __ (vi) 52.227-6, Royalty Information. __ (A) Basic. __(B) Alternate I. __ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR CLAUSE # TITLE DATE CHANGE ____________ _________ _____ _______ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. (End of provision) 12.2 52.222-5 DAVIS-BACON ACT-SECONDARY SITE OF THE WORK (JULY 2005) (a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation. (2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer. (b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer. (2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work. (End of provision) 12.3 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT- CONSTRUCTION MATERIALS (FEB 2009) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act--Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9). (b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during negotiations. (End of provision) General Decision Number: NJ180025 01/12/2018 NJ25 Superseded General Decision Number: NJ20170025 State: New Jersey Construction Type: Building County: Atlantic County in New Jersey. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 01/12/2018 ASBE0089-004 07/01/2016 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR ((includes the application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems; also, the application of firestopping material to openings and penetrations in walls, floors, ceilings and curtain walls; also, all lead abatement))......................$ 42.02 31.83 PAID HOLIDAYS: The last day prior to the Christmas and New Year's Day observed holiday: 4 hrs. pay. ---------------------------------------------------------------- BRNJ0002-013 11/01/2016 Rates Fringes Bricklayer.....................$ 40.00 29.29 Work on high stacks: 22% per hour additional. ---------------------------------------------------------------- BRNJ0007-012 07/01/2016 Rates Fringes Marble setter...................$ 57.32 37.08 ---------------------------------------------------------------- BRNJ0007-013 06/06/2016 Rates Fringes Terrazzo finisher..............$ 40.17 25.88 ---------------------------------------------------------------- BRNJ0007-017 11/22/2016 Rates Fringes Tile finisher..................$ 40.17 25.88 Tile setter....................$ 46.50 31.38 Tile finisher: Work grouting all epoxy: $10.00 additional per day. ---------------------------------------------------------------- CARP0006-009 11/01/2017 Rates Fringes CARPENTER (Scaffold Builder).....$ 47.92 57% The first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter. ---------------------------------------------------------------- CARP0006-010 11/01/2017 Rates Fringes CARPENTER Including Acoustical Ceiling Installation, Drywall Hanging, Formwork, Batt and Blown Insulation...$ 47.92 57% ---------------------------------------------------------------- CARP0029-006 11/01/2017 Rates Fringes Soft floor layer...............$ 47.92 57% ---------------------------------------------------------------- CARP0715-007 11/01/2017 Rates Fringes Millwright.....................$ 48.01 58%+0.15 Work of erection and dismantling of elevators and towers, such as concrete conveyors and temporary material elevators, scaffolding or other structures to be used as scaffolding inside or outside of buildings: the first sixty feet at the regular rate, 10% per hour additional for each additional fifty feet thereafter. ---------------------------------------------------------------- ELEC0351-009 10/02/2017 Rates Fringes ELECTRICIAN (Teledata Technicians) 15 Voice Data Lines or Less.$ 34.62 71.13%+.50 15 Voice or Data Lines or more and Fiber Optics.......$ 46.55 77.03%+.65 ---------------------------------------------------------------- ELEC0351-011 10/02/2017 Rates Fringes Electricians: Cable splicer on lead cable.$ 46.51 72.54% +.65 Electrician and cable splicer.....................$ 46.55 77.03%+.65 ---------------------------------------------------------------- * ELEV0005-004 01/01/2018 Rates Fringes Elevator mechanic..............$ 55.76 32.65 PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day. PAID VACATION: Employer contributes 2% of basic hourly rate as vacation pay credit for 6 months to 5 years of service, and 4% for 5 years or more of service. ---------------------------------------------------------------- ENGI0825-017 02/08/2016 Rates Fringes Power equipment operators: GROUP 1.....................$ 47.70 29.80 GROUP 2.....................$ 46.05 29.80 GROUP 3.....................$ 43.91 29.80 GROUP 4.....................$ 42.91 29.80 GROUP 5.....................$ 40.69 29.80 Hazardous waste removal work: Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: 20% per hour additional. PAID HOLIDAYS: New Year's Day, Washington's Birthday observed, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided 1) that the worker works three of the preceding five work days before the holiday; or, the work day before the holiday and the work day after the holiday; and, 2) that the worker works the work day before and the work day after the holiday. DEFINITION OF GROUPS: GROUP 1: Backhoe, Including Backhoe Track; Boom; Concrete Paving Machine; Crane (all types, including overhead and straddle traveling type); Drill (down-the-hole drill, rotary drill, self-propelled hydraulic drill, self-powered drill); Elevating Grader; Excavator; Front End Loader (5 cu. yd. and over); Piledriver (length of boom, including length of leads, shall determine premium rate applicable); Trencher GROUP 2: Backhoe Loader Combo; Concrete Pumper; Grader/Blade (Finish); Hoist; Hydraulic Crane, 10 Tons and under; Front End Loader (2 cu. yd. but less than 5 cu. yd.); Scraper; Side Boom GROUP 3: Asphalt Spreader; Bulldozer;Compressor(2 or 3) (in Battery) (within 100 ft.); Forklift; Front End Loader (1 cu. yd. and over but less than 2 cu. yd.); Lull; Man Lift/Outside Elevator; Mechanic; Paver, Asphalt; Roller, Blacktop; Tractor; GROUP 4: Bobcat/Skid Loader; Compressor (Single); Farm Tractor; Front End Loader (under 1 cu. yd.); Hydroseeder; Roller, Grade; Pump, Hydraulic GROUP 5: Oiler ---------------------------------------------------------------- ENGI0825-018 07/01/2017 Rates Fringes Power equipment operators: Steel erection: GROUP 1....................$ 59.09 29.30 GROUP 2....................$ 57.43 29.30 Hazardous waste removal work: Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: 20% per hour additional. PAID HOLIDAYS: New Year's Day, Washington's Birthday observed, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day; provided 1) that the worker works three of the preceding five work days before the holiday; or, the work day before the holiday and the work day after the holiday; and, 2) that the worker works the work day before and the work day after the holiday. DEFINITION OF GROUPS: GROUP 1: All cranes with boom including jib, 140 ft. and over. GROUP 2: All cranes with boom including jib, less than 140 ft. ---------------------------------------------------------------- IRON0350-006 07/01/2016 Rates Fringes Ironworkers: Reinforcing.................$ 47.02 37.75 Structural and Ornamental...$ 48.02 37.75 ---------------------------------------------------------------- LABO0008-001 05/01/2011 Rates Fringes Asbestos Removal Laborer.........$ 28.37 21.62 The removal, abatement, enclosure and decontamination of personal protective equipment, chemical protective clothing and machinery relating to asbestos and/or toxic and hazardous waste or materials which shall include but not necessarily be limited to: the erection, moving, servicing and dismantling of all enclosures, scaffolding and barricades; the operation of all tools and equipment normally used in the removal or abatement of asbestos and toxic or hazardous waste or materials; the labeling, bagging, cartoning, crating, or other packaging of materials for disposal; the clean-up of the worksite; and all other work incidental to the removal, abatement, encapsulation, enclosure, and decontamination of asbestos and toxic or hazardous waste or materials; and, in addition, all work tasks involved in the maintenance and operation of energy resource recovery plants (co-generation plants) ---------------------------------------------------------------- LABO0222-006 07/01/2012 Rates Fringes LABORER MASON TENDER: Brick/Cement/Concrete.......$ 29.85 23.07 ---------------------------------------------------------------- LABO0222-007 07/01/2012 Rates Fringes Laborers: Asphalt Raker, Asphalt Shoveler, Asphalt Spreader, Common or General Laborer, Landscape Laborer, Pipelayer, Power Toole Operator and Screedman...................$ 29.35 23.07 ---------------------------------------------------------------- PAIN0021-035 05/01/2017 Rates Fringes Glazier........................$ 41.30 31.15 Work at 30 ft. above the working surface, or on a swing stage: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0711-018 05/01/2017 Rates Fringes DRYWALL FINISHER/TAPER...........$ 39.50 23.20 ---------------------------------------------------------------- PAIN0711-019 05/01/2017 Rates Fringes PAINTER (Brush & Roller).........$ 39.25 22.66 PAINTER (Spray)..................$ 40.28 19.98 ---------------------------------------------------------------- PLAS0008-007 05/01/2015 Rates Fringes Plasterer......................$ 36.87 26.33 ---------------------------------------------------------------- PLAS0592-036 05/01/2016 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 40.02 31.77 ---------------------------------------------------------------- PLUM0322-009 05/01/2016 Rates Fringes PIPEFITTER (Including HVAC Pipe Installation)...............$ 44.42 36.34 PLUMBER (Excluding HVAC Pipe Installation)....................$ 44.42 36.34 ---------------------------------------------------------------- ROOF0030-027 05/01/2017 Rates Fringes Roofer SHINGLES....................$ 36.15 29.76 SLATE AND TILE..............$ 36.15 29.76 ALL OTHER WORK..............$ 36.15 29.76 Mopper, and operator of felt-laying machine: $.50 per hour additional. Work applying roofing material, on any new construction job, on those days on which a felt-laying machine or slag dispensing machine is used: $.50 per hour additional. PAID HOLIDAY: The last working day before Christmas, to be paid at the rate of four hours pay. ---------------------------------------------------------------- SFNJ0669-006 04/01/2017 Rates Fringes SPRINKLER FITTER (Fire Sprinklers)......................$ 49.15 23.08 ---------------------------------------------------------------- SHEE0027-009 06/01/2012 Rates Fringes SHEET METAL WORKER (Including HVAC Duct Installation)..........$ 43.08 32.52 ---------------------------------------------------------------- TEAM0331-002 05/01/2017 Rates Fringes Truck drivers: Dump Truck Drivers..........$ 36.53 19.44 Off the Road Truck..........$ 36.88 19.44 Hazardous waste removal work: Work on a state or federally designated hazardous waste site, where the worker is in direct contact with hazardous material, and when personal protective equipment is required for respiratory, skin and eye protection: $3.00 per hour additional. Work on a state or federally designated hazardous waste site where the worker is not working in a zone requiring Level A, B or C personal protection: $1.00 per hour additional. PAID HOLIDAYS: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day and Christmas Day. BEREAVEMENT LEAVE: Any worker having a death in his or her immediate family (parent, spouse, child, brother or sister, mother-in-law or father-in-law) shall be given three days time off with pay at the time of death upon furnishing proof of said death. This provision shall also apply to grandparents, when living with the worker. ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION
 

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