Computer Programmer IV Support Services for the Pacific Islands Fisheries Science Center
Type of document: Contract Notice
Country: United States
Computer Programmer IV Support Services for the Pacific Islands Fisheries Science Center
Department of Commerce
1315 East West Highway Silver Spring MD 20910
STEPHANIE M. GARNETT, Phone (808) 725-5356, Fax (808) 725-5474, Email STEPHANIE.M.GARNETT@NOAA.GOV
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
(ii) The solicitation number for this procurement is NFFR7400-17-02989 and is hereby issued as a request for quotation (RFQ).
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-94, 2005-95 effective January 19, 2017.
(iv) This procurement is 100% set-aside for small business concerns. The associated NAICS code is 519190 with a corresponding small business size standard of $27.5 million.
(v) Contract Line Item Numbers
See Attached Standard Form 18 included as a separate attachment on FBO.
(vi) Description of requirements for the items to be acquired
See the Statement of Work which is included as a separate attachment on FBO.
(vii) Date(s) and place(s) of delivery and acceptance and FOB Point.
See Period of Performance
Place of Delivery:
1845 Wasp Boulevard, Building 176
Honolulu, HI 96818
All deliveries shall be FOB Destination.
All Federal Acquisition Regulation (FAR) clauses listed below are available for download at
(viii) 52.212-1, Instructions to Offerors-Commercial Items (JAN 2017) applies to this acquisition. No addenda are included.
(ix) 52.212-2, Evaluation-Commercial Items (OCT 2014) applies to this acquisition as follows:
(a) The Government will award a contract resulting from this solicitation to the
responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Factor A — APPROACH AND CAPABILITIES – Offerors will be evaluated based on their corporate and individual qualifications to perform the work; adequacy of equipment, materials and facilities proposed; and experience with the types of services identified in the solicitation.
Factor B — PAST PERFORMANCE — Performance by the offeror and its subcontractor(s) as it relates to all solicitation requirements will be evaluated. The evaluation will include the quality of supplies and services previously performed, timeliness of performance, customer satisfaction and indication of ability to improve performance through proactive management. Evaluation of this factor will be based on the information contained in the proposal and information provided by references. The government may evaluate past performance by contacting references and/or other sources and may also consider other information available.
Factor C – PRICE
Factors A and B, when combined, are considered to be significantly more important than price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
The government reserves the right to make an award to other than the lowest priced offer or if the contracting officer determines that to do so would result in the best value to the government.
Note that any and all costs associated with proposal preparation, are the responsibility of the quoter and will not be reimbursed by the government.
(x) The quoter must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (JAN 2017) with its quote.
(xi) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (JAN 2017) applies to this acquisition.
(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2017) applies to this acquisition. Additional FAR clauses cited in the clause are applicable to the acquisition, as follows.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved]
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved]
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4.
__ (13) [Reserved]
XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Nov 2016) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).
XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016).
(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
__ (47) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
XX (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
XX (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
XX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
XX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
XX (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”
Alternate II (Jan 2017). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to-
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(C) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(D) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(E) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(F) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(G) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(H) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(I) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(J) ___(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).
___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(K) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(L) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(M) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).
(N) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(O) 52.222-59 Compliance with Labor Laws (Executive Order 13673) (OCT 2016).
Note to paragraph (e)(1)(ii)(O): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(P) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).
(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(R) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note)
(S) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(T) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(xiii) Additional contact requirements are as follows:
1352.201-70 CONTRACTING OFFICER’S AUTHORITY
The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.
1352.209-73 COMPLIANCE WITH THE LAWS (APR)
The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.
1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)
(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:
(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and
(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.
(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.
(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor’s knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor’s impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.
(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.
(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government’s rights.
(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor’s organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor’s potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor’s own risk.
(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver.
1352.237-71 SECURITY PROCESSING REQUIREMENTS-LOW RISK CONTRACTS
(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department’s Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.
(b) Investigative requirements for Non-IT Service Contracts are:
(1) Contracts more than 180 days-National Agency Check and Inquiries (NACI).
(2) Contracts less than 180 days-Special Agency Check (SAC).
(c) Investigative requirements for IT Service Contracts are:
(1) Contracts more than 180 days-National Agency Check and Inquiries (NACI).
(2) Contracts less than 180 days-National Agency Check and Inquiries (NACI).
(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check.
(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have:
(1) Official legal status in the United States;
(2) Continuously resided in the United States for the last two years; and
(3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters.
(f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows:
(1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer’s Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting.
(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing.
(3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.
(4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN).
(5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee’s Alien Registration Receipt Card number to aid in verification.
(6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility ( i.e. , adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date.
(g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts.
(1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer’s Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM.
(2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC.
(h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:
(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.
(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.
(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.
(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.
(i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.
(j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.
(k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.
(End of clause)
1352.239-71 ELECTRONIC AND INFORMATION TECHNOLOGY
As prescribed in 48 CFR 1339.270(a), insert the following provision:
Electronic and Information Technology (APR 2010)
(a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below:
___ 1194.21 Software applications and operating systems
XX 1194.22 Web-based intranet and internet information and applications
___ 1194.23 Telecommunications products
___ 1194.24 Video and multimedia products
___ 1194.25 Self-contained, closed products
___ 1194.26 Desktop and portable computers
___ 1194.31 Functional performance criteria
___ 1194.41 Information, documentation and support
(b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.
(c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board’s provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency.
1352.239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES
(a) Applicability. This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency.
(b) Definitions. For purposes of this clause, the term “Sensitive” is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100-235), including the following definition of the term:
(1) Sensitive information is ” * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.”
(2) For purposes of this clause, the term “National Security” is defined by the guidance set forth in:
(i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3.
(ii) The DOC Security Manual, Chapter 18.
(iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress.
(3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.
(c) The contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor’s systems that are interconnected with a DOC network or DOC systems that are operated by the contractor.
(d) All contractor personnel performing under this contract and contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook ( see DOC, Office of the Chief Information Officer Web site), or equivalent/more specific agency or operating unit counsel guidance as specified immediately hereafter [insert agency or operating unit counsel specific guidance, if applicable].
(e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts.
(f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy.
(g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209-72, Restrictions Against Disclosures.
(h) The contractor shall afford DOC, including the Office of Inspector General, access to the contractor’s and subcontractor’s facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime.
(i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the contractor shall:
(1) Within 14 days after contract award, submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and [Insert agency or operating unit counsel specific guidance, if applicable]. The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/operating unit counsel IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract.
(2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official.
(3) Upon receipt of the Security Assessment Report and Authorizing Official’s written accreditation decision from the COR, maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, Section 18.104.22.168.
(j) The contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause.
(End of clause)
1352.270-70 PERIOD OF PERFORMANCE (APR 2010)
(a) The base period of performance of this contract is from August 1, 2017 through July 31, 2018. If an option is exercised, the period of performance shall be extended through the end of that option period.
(b) The option periods that may be exercised are as follows:
Period Start date End date
Option I August 1, 2018 July 31, 2019
Option II August 1, 2019 July 31, 2020
Option III August 1, 2020 July 31, 2021
Option IV August 1, 2021 July 31, 2022
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)
(a) Definitions. As used in this clause-
“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors.
“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.
“Registered in the System for Award Management (SAM) database” means that-
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;
(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record “Active”.
“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-
(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and
(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.
(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to-
(A) Change the name in the SAM database;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.
(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted
(i) Via the internet at or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(d) Contractors may obtain additional information on registration and annual confirmation requirements at
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of expiration.
(End of Clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor any time prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(1) Any such clause is unenforceable against the Government.
(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(b) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
(End of clause)
1330-52.237-70 CONTRACTOR COMMUNICATIONS
(a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when:
1. Included in NOAA’s locator, and
2. When submitting any type of electronic correspondence to any NOAA employee or stakeholder.
(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.
(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.
1330-52.242.70 SUBMITTAL OF INVOICES
The Contractor shall prepare and submit an invoice to the COR or technical point of contact for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.
To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies.
If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.
1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN
(a) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:
1. Allow contractors to better prepare for and propose on business opportunities.
2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting
3. Identify constraints in transparency
(b) The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.
(c) Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer’s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.
(d)There are several constraints to the scope of the AGO Ombudsman’s authority, for instance:
1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A¬76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates).
2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.
3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.
4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.
5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.
6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the S. Government.
7. The AGO Ombudsman is not NOAA’s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).
(e) After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.
(f) The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.
(g) Questions regarding items (a) through (f) within this language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.
(End of solicitation and contract language)
The following provisions also apply:
1352.233-70 AGENCY PROTESTS
(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).
(b) Agency protests filed with the Contracting Officer shall be sent to the following address:
National Marine Fisheries Service
Pacific Islands Fisheries Science Center
1845 Wasp Boulevard, Building 176
Honolulu, HI 96818.
(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:
U.S. Department of Commerce
Office of Assistant General Counsel for Finance and Litigation
Contract Law Division
Herbert C. Hoover Building
14th Street and Constitution Avenue NW, Room H5882
Washington DC 20230
FAX: (202) 482-5858
(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.
(e) Service upon the Contract Law Division shall be made as follows:
U.S. Department of Commerce,
Office of the General Counsel
Chief, Contract Law Division, Room 5893
Herbert C. Hoover Building
14th Street and Constitution Avenue, NW
Washington, DC 20230.
FAX: (202) 482-5858
1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)
(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.
(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.
(c) Service upon the Contract Law Division shall be made as follows:
U.S. Department of Commerce
Office of the General Counsel
Chief, Contract Law Division
Herbert C. Hoover Building
14th Street and Constitution Avenue, NW.
Washington, DC 20230
52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
Vendors are responsible for submitting quotations to the Government office designated in the solicitation by the time specified. The vendor’s initial quotation should contain the best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other
To be considered, vendors must furnish detailed information with their quote:
(1) Vendor Information Form (included with this RFQ).
(2) A technical proposal showing how the vendor intends to meet the requirements in the scope of work with sufficient detail to allow the Government to evaluate the quotation in accordance with the evaluation factors stated in the solicitation.
(3) Recent and relevant past performance information for similar contracts performed (including contract number, points of contact name and telephone number and a brief description of the work performed).
(4) SF18 Form along with a breakdown of the price proposed.
(xiv) Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply.
(xv) Quotes are required to be received in the contracting office no later than 2:00 p.m. Hawaii-Aleutian Standard Time (HAST) on July 28, 2017.
(xvi) All quotes must be emailed to the attention of Stephanie Garnett, Contracting Officer at: email@example.com. For information regarding the solicitation, the Contracting Officer may be contacted via phone at (808) 725-5356.
All vendors doing business with the Government are required to be registered in the System for Award Management (SAM) database prior to award of a purchase order. Vendors may register with SAM by calling 1 (866) 606-8220. In order to be eligible to receive an award, offerors must have a Dun & Bradstreet Number. A Dun & Bradstreet number may be acquired free of charge by contacting Dun & Bradstreet on-line at
VENDOR INFORMATION FORM
FORM MUST BE RETURNED WITH QUOTE
QUOTED BY: ______________________
COMPANY NAME: __________________
EMAIL ADDRESS: __________________
SMALL BUSINESS: _______________
DUNS NO: _________________________
CAGE CODE: ______________________
SAM EXPIRATION DATE: _____________
All vendors doing business with the Government are required to be registered with the System for Award Management (SAM). NO award can be made unless the vendor is registered in SAM. For additional information and to register in SAM, please access the following website: www.sam.gov. In order to register with the SAM and to be eligible to receive an award for this acquisition, all offerors must also have a Dun &
Bradstreet Number. A Dun & Bradstreet number may be acquired free of charge by contacting Dun & Bradstreet on-line at or by phone at (800) 333-0505.
This procurement also requires offerors to complete the electronic representations and certifications at the SAM
website. All responsible and fully responsive sources may submit a proposal which will be considered by the
WD 15-5689 (Rev.-2) was first posted on www.wdol.gov on 03/28/2017
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
| Wage Determination No.: 2015-5689
Daniel W. Simms Division of | Revision No.: 2
Director Wage Determinations| Date Of Revision: 03/17/2017
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for
calendar year 2017 applies to all contracts subject to the Service Contract
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 $10.20 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 2017. The EO minimum wage rate will be adjusted annually.
Additional information on contractor requirements and worker protections under
the EO is available at www.dol.gov/whd/govcontracts.
States: American Samoa, Hawaii
Area: American Samoa Statewide
Hawaii County of Honolulu
STEVEDORING AND LONGSHOREMEN: Wage rates and fringe benefits can be found on
Wage Determination 2000-0085
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE – TITLE FOOTNOTE RATE
01000 – Administrative Support And Clerical Occupations
01011 – Accounting Clerk I 14.68
01012 – Accounting Clerk II 16.49
01013 – Accounting Clerk III 18.45
01020 – Administrative Assistant 26.48
01035 – Court Reporter 20.45
01041 – Customer Service Representative I 13.73
01042 – Customer Service Representative II 15.43
01043 – Customer Service Representative III 16.83
01051 – Data Entry Operator I 14.48
01052 – Data Entry Operator II 15.80
01060 – Dispatcher, Motor Vehicle 18.81
01070 – Document Preparation Clerk 15.17
01090 – Duplicating Machine Operator 15.17
01111 – General Clerk I 12.53
01112 – General Clerk II 13.67
01113 – General Clerk III 15.45
01120 – Housing Referral Assistant 23.77
01141 – Messenger Courier 12.83
01191 – Order Clerk I 14.50
01192 – Order Clerk II 15.82
01261 – Personnel Assistant (Employment) I 15.79
01262 – Personnel Assistant (Employment) II 17.88
01263 – Personnel Assistant (Employment) III 19.68
01270 – Production Control Clerk 20.75
01290 – Rental Clerk 15.79
01300 – Scheduler, Maintenance 19.05
01311 – Secretary I 19.05
01312 – Secretary II 21.31
01313 – Secretary III 23.77
01320 – Service Order Dispatcher 15.46
01410 – Supply Technician 26.48
01420 – Survey Worker 17.28
01460 – Switchboard Operator/Receptionist 15.40
01531 – Travel Clerk I 14.78
01532 – Travel Clerk II 15.97
01533 – Travel Clerk III 17.12
01611 – Word Processor I 14.36
01612 – Word Processor II 16.11
01613 – Word Processor III 18.03
05000 – Automotive Service Occupations
05005 – Automobile Body Repairer, Fiberglass 22.19
05010 – Automotive Electrician 22.43
05040 – Automotive Glass Installer 22.00
05070 – Automotive Worker 22.00
05110 – Mobile Equipment Servicer 18.99
05130 – Motor Equipment Metal Mechanic 24.41
05160 – Motor Equipment Metal Worker 22.00
05190 – Motor Vehicle Mechanic 25.65
05220 – Motor Vehicle Mechanic Helper 17.39
05250 – Motor Vehicle Upholstery Worker 20.80
05280 – Motor Vehicle Wrecker 22.00
05310 – Painter, Automotive 23.19
05340 – Radiator Repair Specialist 22.00
05370 – Tire Repairer 15.16
05400 – Transmission Repair Specialist 24.37
07000 – Food Preparation And Service Occupations
07010 – Baker 15.31
07041 – Cook I 13.81
07042 – Cook II 16.03
07070 – Dishwasher 12.05
07130 – Food Service Worker 11.14
07210 – Meat Cutter 20.57
07260 – Waiter/Waitress 12.01
09000 – Furniture Maintenance And Repair Occupations
09010 – Electrostatic Spray Painter 19.15
09040 – Furniture Handler 12.88
09080 – Furniture Refinisher 21.07
09090 – Furniture Refinisher Helper 15.61
09110 – Furniture Repairer, Minor 18.29
09130 – Upholsterer 19.15
11000 – General Services And Support Occupations
11030 – Cleaner, Vehicles 11.98
11060 – Elevator Operator 14.00
11090 – Gardener 17.87
11122 – Housekeeping Aide 14.00
11150 – Janitor 14.00
11210 – Laborer, Grounds Maintenance 13.55
11240 – Maid or Houseman 15.94
11260 – Pruner 12.13
11270 – Tractor Operator 16.43
11330 – Trail Maintenance Worker 13.55
11360 – Window Cleaner 15.25
12000 – Health Occupations
12010 – Ambulance Driver 22.19
12011 – Breath Alcohol Technician 20.70
12012 – Certified Occupational Therapist Assistant 21.64
12015 – Certified Physical Therapist Assistant 18.41
12020 – Dental Assistant 16.28
12025 – Dental Hygienist 33.37
12030 – EKG Technician 28.62
12035 – Electroneurodiagnostic Technologist 28.62
12040 – Emergency Medical Technician 22.19
12071 – Licensed Practical Nurse I 18.51
12072 – Licensed Practical Nurse II 20.70
12073 – Licensed Practical Nurse III 23.09
12100 – Medical Assistant 16.31
12130 – Medical Laboratory Technician 21.71
12160 – Medical Record Clerk 19.60
12190 – Medical Record Technician 21.92
12195 – Medical Transcriptionist 19.74
12210 – Nuclear Medicine Technologist 34.89
12221 – Nursing Assistant I 11.39
12222 – Nursing Assistant II 12.81
12223 – Nursing Assistant III 13.98
12224 – Nursing Assistant IV 15.69
12235 – Optical Dispenser 20.03
12236 – Optical Technician 14.91
12250 – Pharmacy Technician 17.19
12280 – Phlebotomist 16.15
12305 – Radiologic Technologist 31.94
12311 – Registered Nurse I 29.29
12312 – Registered Nurse II 35.82
12313 – Registered Nurse II, Specialist 35.82
12314 – Registered Nurse III 43.34
12315 – Registered Nurse III, Anesthetist 43.34
12316 – Registered Nurse IV 51.94
12317 – Scheduler (Drug and Alcohol Testing) 25.66
12320 – Substance Abuse Treatment Counselor 18.76
13000 – Information And Arts Occupations
13011 – Exhibits Specialist I 19.61
13012 – Exhibits Specialist II 23.29
13013 – Exhibits Specialist III 28.49
13041 – Illustrator I 22.78
13042 – Illustrator II 28.24
13043 – Illustrator III 34.54
13047 – Librarian 31.58
13050 – Library Aide/Clerk 14.89
13054 – Library Information Technology Systems 24.08
13058 – Library Technician 19.10
13061 – Media Specialist I 17.45
13062 – Media Specialist II 19.51
13063 – Media Specialist III 21.76
13071 – Photographer I 15.28
13072 – Photographer II 17.09
13073 – Photographer III 19.61
13074 – Photographer IV 25.89
13075 – Photographer V 31.33
13090 – Technical Order Library Clerk 18.71
13110 – Video Teleconference Technician 20.30
14000 – Information Technology Occupations
14041 – Computer Operator I 17.54
14042 – Computer Operator II 19.62
14043 – Computer Operator III 22.80
14044 – Computer Operator IV 24.81
14045 – Computer Operator V 27.45
14071 – Computer Programmer I (see 1)
14072 – Computer Programmer II (see 1)
14073 – Computer Programmer III (see 1)
14074 – Computer Programmer IV (see 1)
14101 – Computer Systems Analyst I (see 1)
14102 – Computer Systems Analyst II (see 1)
14103 – Computer Systems Analyst III (see 1)
14150 – Peripheral Equipment Operator 17.54
14160 – Personal Computer Support Technician 24.81
14170 – System Support Specialist 29.36
15000 – Instructional Occupations
15010 – Aircrew Training Devices Instructor (Non-Rated) 30.83
15020 – Aircrew Training Devices Instructor (Rated) 37.30
15030 – Air Crew Training Devices Instructor (Pilot) 43.09
15050 – Computer Based Training Specialist / Instructor 30.83
15060 – Educational Technologist 28.38
15070 – Flight Instructor (Pilot) 43.09
15080 – Graphic Artist 22.97
15085 – Maintenance Test Pilot, Fixed, Jet/Prop 35.48
15086 – Maintenance Test Pilot, Rotary Wing 35.48
15088 – Non-Maintenance Test/Co-Pilot 35.48
15090 – Technical Instructor 21.63
15095 – Technical Instructor/Course Developer 26.46
15110 – Test Proctor 19.47
15120 – Tutor 19.47
16000 – Laundry, Dry-Cleaning, Pressing And Related Occupations
16010 – Assembler 12.12
16030 – Counter Attendant 12.12
16040 – Dry Cleaner 15.01
16070 – Finisher, Flatwork, Machine 12.12
16090 – Presser, Hand 12.12
16110 – Presser, Machine, Drycleaning 12.12
16130 – Presser, Machine, Shirts 12.12
16160 – Presser, Machine, Wearing Apparel, Laundry 12.12
16190 – Sewing Machine Operator 15.98
16220 – Tailor 16.83
16250 – Washer, Machine 13.10
19000 – Machine Tool Operation And Repair Occupations
19010 – Machine-Tool Operator (Tool Room) 26.49
19040 – Tool And Die Maker 33.28
21000 – Materials Handling And Packing Occupations
21020 – Forklift Operator 21.45
21030 – Material Coordinator 23.86
21040 – Material Expediter 23.86
21050 – Material Handling Laborer 16.89
21071 – Order Filler 13.51
21080 – Production Line Worker (Food Processing) 21.45
21110 – Shipping Packer 16.16
21130 – Shipping/Receiving Clerk 16.16
21140 – Store Worker I 13.93
21150 – Stock Clerk 19.55
21210 – Tools And Parts Attendant 21.45
21410 – Warehouse Specialist 21.45
23000 – Mechanics And Maintenance And Repair Occupations
23010 – Aerospace Structural Welder 31.61
23019 – Aircraft Logs and Records Technician 24.89
23021 – Aircraft Mechanic I 29.73
23022 – Aircraft Mechanic II 31.61
23023 – Aircraft Mechanic III 33.47
23040 – Aircraft Mechanic Helper 21.46
23050 – Aircraft, Painter 27.80
23060 – Aircraft Servicer 24.89
23070 – Aircraft Survival Flight Equipment Technician 27.80
23080 – Aircraft Worker 26.58
23091 – Aircrew Life Support Equipment (ALSE) Mechanic 26.58
23092 – Aircrew Life Support Equipment (ALSE) Mechanic 29.73
23110 – Appliance Mechanic 24.13
23120 – Bicycle Repairer 16.68
23125 – Cable Splicer 31.23
23130 – Carpenter, Maintenance 33.24
23140 – Carpet Layer 27.35
23160 – Electrician, Maintenance 31.08
23181 – Electronics Technician Maintenance I 28.50
23182 – Electronics Technician Maintenance II 30.47
23183 – Electronics Technician Maintenance III 32.45
23260 – Fabric Worker 23.05
23290 – Fire Alarm System Mechanic 23.46
23310 – Fire Extinguisher Repairer 21.34
23311 – Fuel Distribution System Mechanic 30.45
23312 – Fuel Distribution System Operator 23.74
23370 – General Maintenance Worker 20.30
23380 – Ground Support Equipment Mechanic 29.73
23381 – Ground Support Equipment Servicer 24.89
23382 – Ground Support Equipment Worker 26.58
23391 – Gunsmith I 21.34
23392 – Gunsmith II 24.76
23393 – Gunsmith III 28.20
23410 – Heating, Ventilation And Air-Conditioning 26.48
23411 – Heating, Ventilation And Air Contditioning 28.07
Mechanic (Research Facility)
23430 – Heavy Equipment Mechanic 31.12
23440 – Heavy Equipment Operator 37.52
23460 – Instrument Mechanic 32.96
23465 – Laboratory/Shelter Mechanic 26.48
23470 – Laborer 16.49
23510 – Locksmith 25.80
23530 – Machinery Maintenance Mechanic 27.17
23550 – Machinist, Maintenance 27.04
23580 – Maintenance Trades Helper 16.42
23591 – Metrology Technician I 32.96
23592 – Metrology Technician II 34.94
23593 – Metrology Technician III 36.84
23640 – Millwright 28.20
23710 – Office Appliance Repairer 21.56
23760 – Painter, Maintenance 25.29
23790 – Pipefitter, Maintenance 30.20
23810 – Plumber, Maintenance 28.28
23820 – Pneudraulic Systems Mechanic 28.20
23850 – Rigger 28.20
23870 – Scale Mechanic 24.76
23890 – Sheet-Metal Worker, Maintenance 31.31
23910 – Small Engine Mechanic 23.00
23931 – Telecommunications Mechanic I 30.27
23932 – Telecommunications Mechanic II 30.86
23950 – Telephone Lineman 26.60
23960 – Welder, Combination, Maintenance 27.54
23965 – Well Driller 27.65
23970 – Woodcraft Worker 28.20
23980 – Woodworker 19.44
24000 – Personal Needs Occupations
24550 – Case Manager 16.19
24570 – Child Care Attendant 11.62
24580 – Child Care Center Clerk 15.14
24610 – Chore Aide 11.40
24620 – Family Readiness And Support Services 16.19
24630 – Homemaker 20.11
25000 – Plant And System Operations Occupations
25010 – Boiler Tender 29.06
25040 – Sewage Plant Operator 24.13
25070 – Stationary Engineer 29.06
25190 – Ventilation Equipment Tender 21.18
25210 – Water Treatment Plant Operator 24.13
27000 – Protective Service Occupations
27004 – Alarm Monitor 20.56
27007 – Baggage Inspector 12.32
27008 – Corrections Officer 23.84
27010 – Court Security Officer 25.61
27030 – Detection Dog Handler 15.35
27040 – Detention Officer 23.84
27070 – Firefighter 23.69
27101 – Guard I 12.32
27102 – Guard II 15.35
27131 – Police Officer I 26.37
27132 – Police Officer II 29.30
28000 – Recreation Occupations
28041 – Carnival Equipment Operator 12.71
28042 – Carnival Equipment Repairer 13.84
28043 – Carnival Worker 9.93
28210 – Gate Attendant/Gate Tender 16.94
28310 – Lifeguard 16.79
28350 – Park Attendant (Aide) 18.95
28510 – Recreation Aide/Health Facility Attendant 14.35
28515 – Recreation Specialist 23.58
28630 – Sports Official 15.09
28690 – Swimming Pool Operator 17.14
29000 – Stevedoring/Longshoremen Occupational Services
29010 – Blocker And Bracer
29020 – Hatch Tender
29030 – Line Handler
29041 – Stevedore I
29042 – Stevedore II
30000 – Technical Occupations
30010 – Air Traffic Control Specialist, Center (HFO) (see 2) 37.72
30011 – Air Traffic Control Specialist, Station (HFO) (see 2) 26.01
30012 – Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.63
30021 – Archeological Technician I 16.98
30022 – Archeological Technician II 19.43
30023 – Archeological Technician III 24.08
30030 – Cartographic Technician 24.08
30040 – Civil Engineering Technician 22.64
30051 – Cryogenic Technician I 23.58
30052 – Cryogenic Technician II 26.05
30061 – Drafter/CAD Operator I 16.86
30062 – Drafter/CAD Operator II 19.43
30063 – Drafter/CAD Operator III 21.67
30064 – Drafter/CAD Operator IV 26.66
30081 – Engineering Technician I 15.91
30082 – Engineering Technician II 18.64
30083 – Engineering Technician III 22.50
30084 – Engineering Technician IV 29.74
30085 – Engineering Technician V 32.60
30086 – Engineering Technician VI 39.41
30090 – Environmental Technician 22.34
30095 – Evidence Control Specialist 21.29
30210 – Laboratory Technician 23.01
30221 – Latent Fingerprint Technician I 23.58
30222 – Latent Fingerprint Technician II 26.05
30240 – Mathematical Technician 25.78
30361 – Paralegal/Legal Assistant I 18.66
30362 – Paralegal/Legal Assistant II 23.13
30363 – Paralegal/Legal Assistant III 28.30
30364 – Paralegal/Legal Assistant IV 34.23
30375 – Petroleum Supply Specialist 26.05
30390 – Photo-Optics Technician 25.78
30395 – Radiation Control Technician 26.05
30461 – Technical Writer I 22.86
30462 – Technical Writer II 27.96
30463 – Technical Writer III 33.84
30491 – Unexploded Ordnance (UXO) Technician I 23.97
30492 – Unexploded Ordnance (UXO) Technician II 29.00
30493 – Unexploded Ordnance (UXO) Technician III 34.76
30494 – Unexploded (UXO) Safety Escort 23.97
30495 – Unexploded (UXO) Sweep Personnel 23.97
30501 – Weather Forecaster I 26.66
30502 – Weather Forecaster II 32.42
30620 – Weather Observer, Combined Upper Air Or (see 2) 21.67
30621 – Weather Observer, Senior (see 2) 24.08
31000 – Transportation/Mobile Equipment Operation Occupations
31010 – Airplane Pilot 29.00
31020 – Bus Aide 14.23
31030 – Bus Driver 20.27
31043 – Driver Courier 14.10
31260 – Parking and Lot Attendant 9.86
31290 – Shuttle Bus Driver 14.98
31310 – Taxi Driver 11.77
31361 – Truckdriver, Light 14.98
31362 – Truckdriver, Medium 17.26
31363 – Truckdriver, Heavy 20.10
31364 – Truckdriver, Tractor-Trailer 20.10
99000 – Miscellaneous Occupations
99020 – Cabin Safety Specialist 14.14
99030 – Cashier 10.93
99050 – Desk Clerk 19.62
99095 – Embalmer 24.57
99130 – Flight Follower 23.97
99251 – Laboratory Animal Caretaker I 12.41
99252 – Laboratory Animal Caretaker II 17.67
99260 – Marketing Analyst 24.91
99310 – Mortician 24.57
99410 – Pest Controller 17.45
99510 – Photofinishing Worker 13.86
99710 – Recycling Laborer 21.11
99711 – Recycling Specialist 25.41
99730 – Refuse Collector 18.90
99810 – Sales Clerk 14.39
99820 – School Crossing Guard 15.82
99830 – Survey Party Chief 26.11
99831 – Surveying Aide 14.28
99832 – Surveying Technician 19.56
99840 – Vending Machine Attendant 12.64
99841 – Vending Machine Repairer 15.86
99842 – Vending Machine Repairer Helper 12.64
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal
Contractors, applies to all contracts subject to the Service Contract 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 the 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.
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $1.78 per hour, or $71.02 per week, or $308.53 per month for all
employees on whose behalf the contractor provides health care benefits pursuant to
the Hawaii prepaid Health Care Act. For those employees not receiving mandated
health care benefits mandated by the Hawaii prepaid Health Care Act, the new health
and welfare amount will remain at $4.27 per hour.
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or
successor, 3 weeks after 10 years, and 4 weeks after 15 years. Length of service
includes the whole span of continuous service with the present contractor or
successor, wherever employed, and with the predecessor contractors in the
performance of similar work at the same Federal facility. (See 29 CFR 4.173)
HOLIDAYS: A minimum of ten paid holidays per year: New Year’s Day, Martin Luther
King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day,
Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. (A
contractor may substitute for any of the named holidays another day off with pay in
accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does
not apply to any employee who individually qualifies as a bona fide executive,
administrative, or professional employee as defined in 29 C.F.R. Part 541. Because
most Computer System Analysts and Computer Programmers who are compensated at a rate
not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per
week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.
400) wage rates may not be listed on this wage determination for all occupations
within those job families. In addition, because this wage determination may not
list a wage rate for some or all occupations within those job families if the survey
data indicates that the prevailing wage rate for the occupation equals or exceeds
$27.63 per hour conformances may be necessary for certain nonexempt employees. For
example, if an individual employee is nonexempt but nevertheless performs duties
within the scope of one of the Computer Systems Analyst or Computer Programmer
occupations for which this wage determination does not specify an SCA wage rate,
then the wage rate for that employee must be conformed in accordance with the
conformance procedures described in the conformance note included on this wage
Additionally, because job titles vary widely and change quickly in the computer
industry, job titles are not determinative of the application of the computer
professional exemption. Therefore, the exemption applies only to computer employees
who satisfy the compensation requirements and whose primary duty consists of:
(1) The application of systems analysis techniques and procedures, including
consulting with users, to determine hardware, software or system functional
(2) The design, development, documentation, analysis, creation, testing or
modification of computer systems or programs, including prototypes, based on and
related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer
programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which
requires the same level of skills. (29 C.F.R. 541.400).
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS – NIGHT PAY & SUNDAY PAY: If you
work at night as part of a regular tour of duty, you will earn a night differential
and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday
premium of 25% of your basic rate for each hour of Sunday work which is not overtime
(i.e. occasional work on Sunday outside the normal tour of duty is considered
** HAZARDOUS PAY DIFFERENTIAL **
An 8 percent differential is applicable to employees employed in a position that
represents a high degree of hazard when working with or in close proximity to
ordnance, explosives, and incendiary materials. This includes work such as
screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives,
and pyrotechnic compositions such as lead azide, black powder and photoflash powder.
All dry-house activities involving propellants or explosives. Demilitarization,
modification, renovation, demolition, and maintenance operations on sensitive
ordnance, explosives and incendiary materials. All operations involving re-grading
and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that
represents a low degree of hazard when working with, or in close proximity to
ordnance, (or employees possibly adjacent to) explosives and incendiary materials
which involves potential injury such as laceration of hands, face, or arms of the
employee engaged in the operation, irritation of the skin, minor burns and the like;
minimal damage to immediate or adjacent work area or equipment being used. All
operations involving, unloading, storage, and hauling of ordnance, explosive, and
incendiary ordnance material other than small arms ammunition. These differentials
are only applicable to work that has been specifically designated by the agency for
ordnance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract, by the employer, by the state or
local law, etc.), the cost of furnishing such uniforms and maintaining (by
laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage
determination. The Department of Labor will accept payment in accordance with the
following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an
adequate number of uniforms without cost or to reimburse employees for the actual
cost of the uniforms. In addition, where uniform cleaning and maintenance is made
the responsibility of the employee, all contractors and subcontractors subject to
this wage determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount, or the furnishing of contrary
affirmative proof as to the actual cost), reimburse all employees for such cleaning
and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in
those instances where the uniforms furnished are made of “wash and wear”
materials, may be routinely washed and dried with other personal garments, and do
not require any special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set by the terms
of the Government contract, by the contractor, by law, or by the nature of the work,
there is no requirement that employees be reimbursed for uniform maintenance costs.
** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **
The duties of employees under job titles listed are those described in the
“Service Contract Act Directory of Occupations”, Fifth Edition (Revision 1),
dated September 2015, unless otherwise indicated.
** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard
Form 1444 (SF-1444) **
The contracting officer shall require that any class of service employee which is
not listed herein and which is to be employed under the contract (i.e., the work to
be performed is not performed by any classification listed in the wage
determination), be classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination (See 29 CFR
4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor
prior to the performance of contract work by such unlisted class(es) of employees
(See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final
determination of conformed classification, wage rate, and/or fringe benefits which
shall be paid to all employees performing in the classification from the first day
of work on which contract work is performed by them in the classification. Failure
to pay such unlisted employees the compensation agreed upon by the interested
parties and/or fully determined by the Wage and Hour Division retroactive to the
date such class of employees commenced contract work shall be a violation of the Act
and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are
included in a contract, a separate SF-1444 should be prepared for each wage
determination to which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed
occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order
the proposed classification title(s), a Federal grade equivalency (FGE) for each
proposed classification(s), job description(s), and rationale for proposed wage
rate(s), including information regarding the agreement or disagreement of the
authorized representative of the employees involved, or where there is no authorized
representative, the employees themselves. This report should be submitted to the
contracting officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report
of the action, together with the agency’s recommendations and pertinent
information including the position of the contractor and the employees, to the U.S.
Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or
disapproves the action via transmittal to the agency contracting officer, or
notifies the contracting officer that additional time will be required to process
5) The contracting officer transmits the Wage and Hour Division’s decision to the
6) Each affected employee shall be furnished by the contractor with a written copy
of such determination or it shall be posted as a part of the wage determination (See
29 CFR 4.6(b)(2)(iii)).
Information required by the Regulations must be submitted on SF-1444 or bond paper.
When preparing a conformance request, the “Service Contract Act Directory of
Occupations” should be used to compare job definitions to ensure that duties
requested are not performed by a classification already listed in the wage
determination. Remember, it is not the job title, but the required tasks that
determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split, combine, or subdivide
classifications listed in the wage determination (See 29 CFR 4.152(c)(1)).