HomeMy WebLinkAbout32588Agreement No. 16-203
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 11. REQUISI TI ON NUMBER PAGE1 OF 46
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30 II\62N6M 511 85583
2. CON TR ACT NO. 3. AWARD/EFFEC TIVE DATE 14. ORDER NUMBER 5. SOUCIT ATI ON NUM BER 6. SOUCITATION ISSU E DATE
li'v91238-16-C-0008 07-Apr-2016
7. FOR SOUCITAT ION a NAME b. TELEPH ONE NUMBER (N o Collect Calls) a OFFER DUE DATEILOCA L TIME IN FO RM ATION CALL:
9. ISSUED BY CODE l li'v91238 10 . THIS ACQUISITION IS ~UNRESTRICTED OR D SET ASIDE :---% FOR :
USACE SACRAMENTO DISTRICT 0 SMALL BUSINESS 0 WOMEN -OWNED SMALL
ATTN : CO NTRACTING DIVISION BUSINESS (WOSB)
1325 J STREET
SACRAMENTO CA 95814-2922 0 HUBZONE SMALL 0 ECON OM ICA LLY DISADVAN TAGED NAJCS : '110M EN-OIJ'I.NED SM ALL BUSI NESS BUSINESS (ED\I\OSB) 922120
Ta: 0 SERVICE-DISABLED
Os(A) VETERAN-OWNED SIZE STANDARD :
FAX: SMALL BUSINESS N'A
11 . DELIVER Y FOR FOB DESTINA-12 . DISCOUNT TERMS 13b. RATING
TION UN LESS BLOCK IS Net 30 Days 0 13a . THIS CONTRACT IS A
MARKED RATED ORDER UNDER
D SEE SCHEDULE
DPAS (15 CFR 700) 14. METHOD OF SOLICITATION
DRFQ DIFB DRFP
15. DELIVER TO CODE I 16. ADMINISTERED BY CODE I
SEE SCHEDULE SEE ITEM 9
17a .CONTR ACTOR/ CODEl1YCS1 I FACILITY 11ycs 1 18a . PAY MENT WILL BE MADE BY CODE 1964145 OFFEROR CODE
FRESNO , COUNTY OF (INC ) USAGE FINAI\CE CENTER
TOM TRESTER CIVIL FUNDBJ CONTRACTS
2200 FRESNO ST 57221NTEGRITY DRIVE
FRESNO CA 93721-1703 ATTN: CEFC-FP
TaEFHONE NO. 559-488-3362 MILLINGTON TN 38054-5005 0 17b. CHECK IF REMITTAI\CE IS DIFFERENT AND R.JT
SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES aADDRESS SHOI!VN IN BLOCK 18a. UNLESS BLOCK
BELOW IS CHECKBJ SEEA[)[)8\JDUM
19. 20. 21 . 22. 23. 24.
ITEM NO. SCHBJULE OF SUPA...IES/ SERVICES QUANTITY UNIT UNITFRICE AMOUNT
SEE SCHEDULE
25. ACCOUNTING AND APPROPRIATION DATA 26 . TOTAL AWARD AMOUNT (For Govt. Use Only )
See Schedule $60,626.16
D 27a . SOLICITATION INCORPORATES BY REFERENCE FAR 52 .212-1 . 52 .212-4. FAR 52 .21 2-3 . 52 .212-5 ARE ATIACHED . ADDENDA DARED ARE NOT ATIACHED
0 27b . CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52 .212-4 . FAR 52 .212-SIS ATIACHED . ADDENDA DARE DARE NOT ATIACHED
D 28 . CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
D 29 . AWARD OF CONTRACT: REF .
OFFER DATED . YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON AN Y (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED . SET FORTH HEREIN , IS ACCEPTED AS TO ITEMS:
~Oa . SK3NA TURE OF OFFEROR/CONTRACTOR
~ .r-IJ. _..,(.A..,_~
30b. NAr.IE AND TITLE OF SK3Nffr
(TYPE OR PRJ NT)
Ernest Buddy Mendes
Chairman
AUTHORIZBJ FOR LOCAL REPRODUCIDN
FREVOUS BJITK)N IS NOT USABLE
31a . UNITED STATES OF AMERICA (SI GN ATURE OF CONTR AC TING OFFICER )
~-·
A.-
30c . DA.TESK3NBJ 3lb. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
RAYMCMl R GREENHECK / Contracting Officer
S-J.. 4 -dJ)I(o TEL: 916 -557-6933 07 -Apr-2016
EMAIL: RAYMOND. R. GREENHECK@USACE . ARMY . MIL
ATTEST: STANDA.RD FORM 1449 (REV. 2/2012)
A'escribed by GSA-FAR (48 CFR) 53.212
BERNICE E . SEIDEL, Clerk
Board of Supervisors
By ~(M...) ~shop
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS I I PAGE2 OF46 (CONTINUED) 19. 20. 21. 22. 23. 24. ITBv1 NO. SCHEDULE OF SUPFLIES/ SERVICES QUANTITY UNrT UNrT FR.ICE AMOUNT SEE SCHEDULE 32a. QUANTITY IN COLUMN 21 HAS BEEN D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: 32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER CORRECT FOR D COMPLETE D PARTIAL D FINAL I PARTIAL I FINAL 38. S/R ACCOUNT NUMBER 39. SIR VOUCHER NUMBER 40. PAID BY 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER AUTHOR~EDFORLOCALREFRODUCTION FREVIOUS EDrTION IS NOT USABLE 41c. DATE 42a. RECEIVED BY (Print) 42b. RECEIVED AT (Location) 42c. DATE REC'D (YYIMMIDD) 142d. TOTAL CONTAINERS STANDARD FORM 1449 (REV. 2/2012) BACK Frescribed by GSA-FAR (48 CFR) 53.212
Section SF 1449 -CONTINUATION SHEET ITEM NO SUPPLIES/SERVICES QUANTITY UNlT Job UNlTPRlCE 0001 Base Year Law Enforcement Services FFP Base Year Law Enforcement Services for Pine Flat Lake and Dam Project boundaries provided by and in accordance with the Fresno County Sheriffs Department Annual Rates and the Performance Work Statement (PWS). Period of Performance: 01 May 2016 through 30 Apr 2017 Technical POC/COR: Jeromy Caldwell, Ph: 559-783-2589, Email: Jeromy. W .Caldwell@usace.army.mil Contracting POC: Healon Knight, Ph: 916-557-7228, Fax: 916-557-7854/7524, Email: Healon.D.Knight@usace.army.mil FOB: Destination PURCHASE REQUEST NUMBER: W62N6M51185583 NET AMT ACRNAA CIN: W62N6M511855830001 W91238-16-C-0008 Page 3 of 46 AMOUNT $0.00 $0.00
ITEM NO SUPPLIES/SERVICES QUANTITY 1 UNIT Job UNIT PRICE $60,626.16 OOOlAA Base Year Law Enforcement Services FFP Base Year Law Enforcement Services for Pine Flat Lake and Dam Project boundaries provided by and in accordance with the Fresno County Sheriffs Department Annual Rates and the Performance Work Statement (PWS). Period ofPerfonnance: 01 May 2016 through 30 Sep 2016 Technical POC/COR: Jeromy Caldwell, Ph: 559-783-2589, Email: Jeromy.W.Caldwell@usace.army.mil Contracting POC: Healon Knight, Ph: 916-557-7228, Fax: 916-557-7854/7524, Email: Healon.D.Knight@usace.army.mil FOB: Destination PURCHASE REQUEST NUMBER: W62N6M51185583 ACRNAA CIN:W62N6M511855830001AA NET AMT W91238-16-C-0008 Page 4 of 46 AMOUNT $60,626.16 $60,626.16 $60,626.16
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT Job UNIT PRICE 1001 OPTION Option Year I Law Enforcement Services FFP Option Year I Law Enforcement Services for Pine Flat Lake and Dam Project boundaries provided by and in accordance with the Fresno County Sheriffs Department Annual Rates and the Performance Work Statement (PWS). Period of Performance: 01 May 2017 through 30 Apr 2018 Technical POC/COR: Jeromy Caldwell, Ph: 559-783-2589, Email: Jeromy.W.Caldwell@usace.army.mil Contracting POC: Healon Knight, Ph: 916-557-7228, Fax: 916-557-7854/7524, Email: Healon.D.Knight@usace.army.mil FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY 1 UNIT Job UNIT PRICE $65,173.16 IOOlAA OPTION Option Year 1 Law Enforcement Services FFP Option Year I Law Enforcement Services for Pine Flat Lake and Dam Project boundaries provided by and in accordance with the Fresno County Sheriffs Department Annual Rates and the Performance Work Statement (PWS). Period of Performance: 01 May 2017 through 30 Sep 2017 FOB: Destination NET AMT W91238-16-C-0008 Page 5 of 46 AMOUNT $0.00 $0.00 AMOUNT $65,173.16 $65,173.16
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT Job UNIT PRICE 2001 OPTION Option Year 2 Law Enforcement Services FFP Option Year 2 Law Enforcement Services for Pine Flat Lake and Dam Project boundaries provided by and in accordance with the Fresno County Sheriffs Department Annual Rates and the Performance Work Statement (PWS). Period of Performance: 01 May 2018 through 30 Apr 2019 FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY 1 UNIT Job UNIT PRICE $65,173.16 2001AA OPTION Option Year 2 Law Enforcement Services FFP Option Year 2 Law Enforcement Services for Pine Flat Lake and Dam Project boundaries provided by and in accordance with the Fresno County Sheriffs Department Annual Rates and the Performance Work Statement (PWS). Period of Performance: 01 May 2018 through 30 Sep 2018 FOB: Destination NET AMT W91238-16-C-0008 Page 6 of 46 AMOUNT $0.00 $0.00 AMOUNT $65,173.16 $65,173.16
ITEM NO SUPPLIES/SERVICES QUANTITY UN1T Job UN1TPRICE 3001 OPTION Option Year 3 Law Enforcement Services FFP Option Year 3 Law Enforcement Services for Pine Flat Lake and Dam Project boundaries provided by and in accordance with the Fresno County Sheriffs Department Annual Rates and the Performance Work Statement (PWS). Period of Performance: 01 May 2019 through 30 Apr 2020 FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY 1 UN1T Job UN1TPRICE $65,173.16 3001AA OPTION Option Year 3 Law Enforcement Services FFP Option Year 3 Law Enforcement Services for Pine Flat Lake and Dam Project boundaries provided by and in accordance with the Fresno County Sheriffs Department Annual Rates and the Performance Work Statement (PWS). Period of Performance: 01 May 2019 through 30 Sep 2019 FOB: Destination NET AMT W9123 8-16-C-0008 Page 7 of 46 AMOUNT $0.00 $0.00 AMOUNT $65,173.16 $65,173.16
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT Job UNIT PRICE 4001 OPTION Option Year 4 Law Enforcement Services FFP Option Year 4 Law Enforcement Services for Pine Flat Lake and Dam Project boundaries provided by and in accordance with the Fresno County Sheriffs Department Annual Rates and the Performance Work Statement (PWS). Period of Perfonnance: 01 May 2020 through 30 Apr 2021 FOB: Destination NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY 1 UNIT Jar UNIT PRICE $65,173.16 4001AA OPTION Option Year 4 Law Enforcement Services FFP Option Year 4 Law Enforcement Services for Pine Flat Lake and Dam Project boundaries provided by and in accordance with the Fresno County Sheriffs Department Annual Rates and the Performance Work Statement (PWS). Period of Performance: 01 May 2020 through 30 Sep 2020 FOB: Destination NET AMT JNSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT W9 l 23 8-l 6-C-0008 Page 8 of 46 AMOUNT $0.00 $0.00 AMOUNT $65,173.16 $65,173.16 ACCEPT BY
\V91238-16-C-0008 Page 9 of 46 0001 Destination Government Destination Government 0001AA Destination Government Destination Government 1001 Destination Government Destination Government 1001 AA Destination Government Destination Government 2001 Destination Government Destination Government 2001AA Destination Government Destination Government 3001 Destination Government Destination Government 3001AA Destination Government Destination Government 4001 Destination Government Destination Government 4001AA Destination Government Destination Government DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UlC 0001 POP 01-MAY-2016 TO NIA NIA 30-APR-2017 FOB: Destination 0001AA POP 01-MAY-2016 TO NIA PINE FLAT LAKE L2M0441 30-SEP-2016 P.O. BOX 117 27295 PINE FLAT ROAD SANGER,CA PIEDRA CA 93649 FOB: Destination 1001 POP 01-MAY-2017 TO NIA NIA 30-APR-2018 FOB: Destination 1001AA POP 01-MAY-2017 TO NIA PINE FLAT LAKE L2M0441 30-SEP-2017 P.O. BOX 117 27295 PINE FLAT ROAD SANGER,CA PIEDRA CA 93649 FOB: Destination 2001 POP 01-MAY-2018 TO NIA NIA 10-APR-2019 FOB: Destination 2001AA POP 01-MAY-2018 TO NIA PINE FLAT LAKE L2M0441 30-SEP-2018 P.O. BOX 117 27295 PINE FLAT ROAD SANGER,CA PIEDRA CA 93649 FOB: Destination 3001 POP 01-MAY-2019 TO NIA NIA 30-APR-2020 FOB: Destination
\V91238-16-C-0008 NIA PINE FLAT LAKE 3001AA POP 01-MAY-2019 TO 30-SEP-2019 P.O. BOX l I 7 27295 PINE FLAT ROAD SANGER,CA 4001 POP Ol-MAY-2020 TO 30-APR-202 I NIA NIA PIEDRA CA 93649 FOB: Destination NIA FOB: Destination PINE FLAT LAKE 4001AA POP OI-MAY-2020 TO 30-SEP-2020 P.O. BOX 117 27295 PINE FLAT ROAD SANGER,CA PIEDRA CA 93649 FOB: Destination ACCOUNTING AND APPROPRIATION DATA AA: 096 NA X 2016 3123 000 0000 CCS: 210 L2 2016 08 2451 014040 96042 2510 2J2CJ4 NA 280118 AMOUNT: CIN W62N6M511855830001: CIN W62N6M511855830001AA: $60,626.16 CLAUSES INCORPORATED BY REFERENCE 52.203-3 Gratuities APR 1984 52.203-7 Anti-Kickback Procedures MAY 2014 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011 Content Paper 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free \Vorkplace MAY2001 52.223-10 \V aste Reduction Program MAY 2011 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On \Vithholding Of Payments APR 1984 52.232-25 Prompt Payment JUL 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After A ward AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And APR 1984 Vegetation 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7002 Requirement to Infonn Employees of\Vhistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel \V ork Product APR 1992 Page 10 of 46 L2M0441 L2M0441
252.232-7003 252.232-7010 252.243-7001 Electronic Submission of Payment Requests and Receiving Reports Levies on Contract Payments Pricing Of Contract Modifications CLAUSES IN CORPORA TED BY FULL TEXT JUN 2012 DEC 2006 DEC 1991 \¥91238-16-C-0008 Page 11 of 46 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. Ifrepair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights ( 1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U .S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes", as amended ( 41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. ( e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. ( 1) The Contractor shall submit an original invoice and three copies ( or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--(i) Name and address of the Contractor; (ii) Invoice date and number;
\\191238-16-C-0008 Page 12 of 46 (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill oflading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only ifrequired elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only ifrequired elsewhere in this contract. (B) IfEFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.--(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. ( 4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
V/91238-16-C-0008 Page 13 of 46 (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. ( 6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) ofthis clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--(A) The date on which the designated office receives payment from the Contractor;
W9123 8-l 6-C-0008 Page 14 of 46 (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. U) Risk ofloss. Unless the contract specifically provides otherwise, risk ofloss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (I) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. ( o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation ofliability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.
W9 l 23 8-l 6-C-0008 Page 15 of 46 chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Fonn 1449; (8) other documents, exhibits, and attachments; and (9) the specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract 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. (2)(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 FAR 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; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(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. (3) 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 Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. 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. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://vvvvw.acguisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) 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: (i) Any such clause is unenforceable against the Government. (ii) 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
\\191238-16-C-0008 Page 16 of 46 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. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph ( u )( 1) 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. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for A ward Management (SAM), are incorporated by reference into the contract. (End of Clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (FEB 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions oflaw or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions oflaw or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) X _ (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, \Vhistleblower Protections under the American Recovery and Reinvestment Act of2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of2009.) X _ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). _ (5) [Reserved] _ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 ofDiv. C).
\V91238-16-C-0008 Page 17 of 46 _ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 ofDiv. C). X _ (8) 52.209-6, Protecting the Government's Interest \Vhen 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 (July 2013) (41 u.s.c. 2313). __ (10) [Reserved] __ (l l)(i) 52.219-3, Notice ofHUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). -__ (ii) Alternate I (NOV 2011) of52.219-3. __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). __ (ii) Alternate I (NOV 2011). __ (iii) Alternate II (NOV 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. X __ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)). __ (l 7)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2015) of52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
W9 l 23 8-l 6-C-0008 Page 18 of 46 X __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 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)). X __ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X __ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126). __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). X __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X __ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). X __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. 0. 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)(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) of52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) (i) 52.223-13, Acquisition ofEPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (OCT 2015) of52.223-13. __ (37)(i) 52.223-14, Acquisition ofEPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) ( 42 U .S.C. 8259b ). __ (39)(i) 52.223-16, Acquisition ofEPEAT[ supreg]-Registered Personal Computer Products (OCT 2015) (E.0.s 13423 and 13514).
\\191238-16-C-0008 Page 19 of 46 __ (ii) Alternate I (Jun 2014) of52.223-16. X __ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging \Vhile Driving (Aug 2011) (E.O. 13513). __ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). __ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. (ii) Alternate I (May 2014) of52.225-3. (iii) Alternate II (May 2014) of52.225-3. (iv) Alternate III (May 2014) of52.225-3. __ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X __ ( 44) 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). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ ( 46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(±)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(±)). X __ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 124l(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of52.247-64.
\\191238-16-C-0008 Page 20 of 46 ( 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.) X __ (1) 52.222-17, Nondisplacement of Qualified \Vorkers (May 2014) (E.O. 13495). X __ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). X __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). X __ ( 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). X (8) 52.222-55, Minimum \Vages Under Executive Order 13658 (DEC 2015) (E.O. 13658). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) ( 42 U.S.C. 1792). __ (10) 52.237-11, Accepting and Dispensing of$1 Coin (Sept 2008) (31 U.S.C. 5112(p)(l)). (d) Comptroller General Examination ofRecord. 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 oflaw. (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--
\\191238-16-C-0008 Page 21 of 46 (i) 52.203-13, Contractor Code ofBusiness Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract ( except subcontracts to small business concerns) exceeds $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 \Vorkers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (]) ofF AR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for \Vorkers 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 20 I 0) (E.O. 13496). Flow down required in accordance with paragraph (f) ofF AR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) X __ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (B) Alternate I (March 2, 2015) of52.222-50 (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. 0. 12989). (xv) 52.222-55, Minimum \Vages Under Executive Order 13658 (DEC 2015) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) ( 42 U .S.C. 1792). Flow down required in accordance with paragraph (e) ofFAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 124l(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) ofF AR clause 52.247-64. (2) \Vhile 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)
\\191238-16-C-0008 Page 22 of 46 52.216-21 REQUJREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. ( c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. ( d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. ( e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after Base Year: 30 Sep 2016, Option Year 1: 30 Sep 2017, Option Year 2: 30 Sep 2018, Option Year 3: 30 Sep 2019 and Option Year 4: 30 Sep 2020. (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 ofrevisions 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 60 days before the contract expires . (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 within 30 days before
\\191238-16-C-0008 Page 23 of 46 of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 60 months or 5 years. (End of clause) 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): http://www.acguisition.gov/far or http://farsite.hill.af.mil/ (End of clause) PERFORMANCE \YORK STATEMENT Law Enforcement Contract (FY16-FY21) Pine Flat Lake Performance Work Statement 29 Feb 2016 Purpose: To provide increased Law Enforcement Services within Pine Flat Lake and Dam Project boundaries, Fresno County, CA. Points of Contact Contractor POC TBD Contracting Officer's Mr. Jeromy Caldwell Representative(COR) U.S. Army Corps of Engineers CESPK-CO-SB Safety Officer P.O. Box 117 Piedra, CA 93649-0117 Ph: (559) 787-2589 Fax: (559) 787-2773 Email: Jeromy.W.Caldwell@usace.army.mil Curtis Morris U.S. Army Corps of Engineers, Sacramento District CESPK-SO 1325 J Street Sacramento, CA 95814-2922 Ph: (916) 557-6973
Contracting POC Email: Curtis.D.Morris@usace.army.mil Ms. Scott Bonner U.S. Army Corps of Engineers, Sacramento District CESPK-CT 1325 J Street Sacramento, CA 95814-2922 Ph: (916) 557-6882 Email: Scott.Bonner@usace.army.mil W9 l 23 8-l 6-C-0008 Page 24 of 46 Payment Questions: Direct payment questions shall be directed to the Contracting Officer's Representative (COR). For prompt payment, submit invoices to all parties and follow the guidance provided in the Payment and Invoices paragraph. Payment is NET 30 unless the Contractor specifies prompt payment discount terms in the quote/proposal. Incomplete or inaccurate invoices shall be returned to the Contractor for revision. 1. General Information 1.1 This is a performance-based contract for increased Law Enforcement Services at Pine Flat Lake & Dam, Fresno County, CA. The overall responsibility of the Contractor is to plan, coordinate, organize, manage, and perform the services described within this contract in accordance with the performance objectives. 2. Introduction 2.1 This Performance Work Statement describes the basic objectives for Law Enforcement Services at Pine Flat Lake, including multiple areas within the Pine Flat Lake and Dam project boundaries, Fresno County, CA. Areas where services are to be performed includ~; Park Headquarters, Pine Flat Dam, Pine Flat Campground, Deer Creek Recreation Area, Island Park Recreation Area, Island Park Campground, Deer Creek Point Group Area, Lakeview Recreation Area, Trimmer Recreation Area, Trimmer Campground and all other non-designated recreation areas within the Pine Flat Lake Project boundaries. The performance-based service contract provides potential bidders the flexibility to develop cost effective solutions and the opportunity to propose innovative alternatives to meet the stated objectives. It also presents the Government with an opportunity to assess the bidder's understanding of all aspects of the effort to be performed by eliminating the "how to" instructions to accomplish the required effort normally contained on the Statement of Work that the Government traditionally provides to prospective bidders. Minimum levels of performance and disincentive for failure to meet the minimum levels are outlined in the "Performance of Work Requirements Summary", contained in Attachment A. 3. Description of Services 3 .1 Existing Services
\V91238-16-C-0008 Page 25 of46 3.1.1 Pine Flat Lake and Dam is located in Fresno County and within "Area 4" of the Fresno County Sheriffs Department's designated patrol routes. The existing law enforcement patrol standard for Area 4 is twenty four (24 )-hour daily land patrol. Designated patrol time conducted on government property and the area around Pine Flat Lake varies. Deputy response time from another location in Area 4 can take up to 45 minutes or more depending on the response location. Boat patrol on the Jake is normally provided by the Sheriffs Depaitment between 1000 hours and 2000 hours by the boating enforcement unit on Friday, Saturday, Sunday, and holidays that fall on a Monday during the recreation season (Memorial Day through Labor Day). The Sheriff, as he/she deems necessary, reserves the right to change service schedules and/or otherwise alter levels of out-of-contract services in "Area 4" as necessary. 3.2 Services Provided bv Contract 3 .2.1 Except for those items furnished at the discretion of the Government, the Contractor shall furnish all labor, materials, equipment, transportation and supplies necessary to fulfill the terms and conditions stated in this contract. The Contractor shall be responsible for all costs related to performing increased Law Enforcement Services. Law Enforcement Services include, but are not limited to patrols provided on Thursday and Sunday from 1500 hours to 2300 hours and Friday and Saturday (and Sundays before a Monday holiday) from 1600 hours to 2400 hours beginning the Thursday before Memorial Day (including Memorial Day) and extending through Labor Day. A patrol on foot with Park Rangers at Island Park Campground shall occur on Fridays and Saturdays (and on Sundays before a holiday) at 2200 hours. When July 4th falls on a Tuesday, Wednesday, or Thursday, patrols shall be provided on July 3rd & 4th from 1500 hours to 2300 hours. It is mutually understood that some flexibility in patrol hours may be necessary due to unusual circumstances and/or events; however, the full 8 hours contracted for shall always be fulfilled. All work, materials and equipment shall be approved by the Contracting Officer's Representative (COR). For the services in this contract, the Park Manager has been designated in writing by the Contracting Officer as the COR. 3.2.2 Normal patrols shall consist of one (1) deputy and one (1) reserve deputy. The Contractor is responsible for providing the COR with the hourly deputy costs for Law Enforcement services as they change annually and as soon as they become available.
\V91238-16-C-0008 Page 26 of 46 4. Site Inspection 4.1 Prior to submitting bids, bidders are urged to inspect the job site where services are to be performed to accurately observe conditions that may affect the cost of performance of the service contract. 4.2 In no event shall failure to inspect the site constitute grounds for the withdrawal of a bid after opening or for a claim after the award of the contract. (FAR 52.23 7-1) 5. Pre-Work Meeting 5.1 At least ten (10) days prior to commencement of work, the Contractor shall contact the COR to schedule a pre-work meeting. This meeting shall be held at the Pine Flat Lake Park Headquarters, located at 27295 Pine Flat Road, Sanger, CA 93657. 5.2 The Contractor and all employees shall be licensed, trained and permitted to operate all equipment necessary to complete work under this contract. All required licenses, trainings and permits to operate shall be the responsibility of the Contractor. 6. Ability to Perform 6.1 The Contractor and their employees shall be responsible for maintaining accurate and detailed records as required by the contract. 6.2 The Contractor and their employees shall be capable of communicating with visitors, other contractors, outside agencies and project personnel in a respectful and courteous manner. 6.3 The Contractor shall furnish competent personnel. If employees furnished prove to be incompetent, the Contractor shall remove them and furnish satisfactory employees at the discretion of the COR. 6.4 The Contractor shall comply with all applicable Federal, State, and local regulations. 6.5 The Contractor shall identify and provide the COR and his/her designated representative with a POC for communications that may occur outside of business hours. The Contractor and/or designated POC shall return all calls to the COR or his/her designated representative within 24 hours. 7. Materials, Equipment & Supplies 7 .1 The Contractor shall be responsible for all materials and equipment in their possession. The Contractor shall be accountable for any loss, damage, or misuse of government equipment being used during the performance of contractual services. 7.2 The Contractor shall be responsible for all keys, lock combinations and access cards issued. Keys, lock combinations and access cards are for the exclusive use of the Contractor while
\\191238-16-C-0008 Page 27 of 46 performing contractual services. The Contractor shall be liable for any costs associated with changing Jocks due to Jost keys. Key Joss shall be reported to the COR immediately. 7.3 In the performance of the work herein, the Contractor shall furnish all necessary materials, equipment, and PPE. 8. Reporting 8.1 The Contractor shall submit a monthly invoice for payment, verifying that all units, quantities and amounts are true and correct. 8.2 The Contractor shall submit a Safety Exposure Report, CESPD Form 94-R, to the COR or his/her representative with each monthly invoice. Failure to submit this form may delay payment for services performed. An example of a Safety Exposure Report is attached (Attachment C). 8.3 The Contractor shall maintain an accurate record of, and shall notify the COR immediately following the occurrence/discovery, of any accidents resulting in death, injury, occupational disease, and/or damage to property or equipment, incidental to work performed under this contract. 8.4 The Contractor shall maintain an accurate record of, and shall notify the COR immediately following any law enforcement action that results in an arrest on U.S. Army Corps of Engineers (USACE) property. The Contractor shall also maintain an accurate record of, and shall notify the COR immediately following any Jaw enforcement action that results in an arrest conducted off USACE property, if the crime occurred at or on USACE property initially. 8.5 All personal property found anywhere on Government property shall be accounted for and turned over to a Park Ranger for inclusion into the Lost and Found Program. 8.6 The Contractor shall report any crime, accidents, vandalism, and other incidents that occur on Government property, and/or any potential safety hazards encountered while performing services to a Park Ranger or the COR as soon as practical by radio or telephone ( during business hours 787-2589, or after business hours 787-3431). 8.7 The Contractor shall submit a rep011 detailing all calls to the dispatcher for services requested under the contract and that occurred on USACE property. This report shall be submitted with the final invoice after the end of the contract period. 8.8 The Contractor shall submit a final report totaling the number of actions taken while performing contract services for the following law enforcement actions; Arrests (BUI/DUI), Arrests (Other), Citations (Boating), Citations (Other), Accident Investigations, Search and Rescues, Suspicious Activities, and Visitor Assists. This report shall be submitted with the final invoice after the end of the contract period. 9. Security 9 .1 The Contractor shall maintain all keys, combinations, codes, passwords and instructions in a confidential and secure manner.
\\191238-16-C-0008 Page 28 of 46 9.2 The Contractor shall immediately report all incidents of trespass and/or suspicious activity into or around the Misty Flat restricted area below Pine Flat Dam. All incidents of trespass or suspicious activity in this area are required to be documented and reported by USA CE personnel (Park Rangers). 10 Accident Prevention Plan (APP): 10.1 The Contractor shall have an approved Accident Prevention Plan (APP) in place prior to starting any on-site work. The APP shall be site specific and in accordance with the requirements of EM 385-1-1, Safety and Health Requirement manual. 10.2 The Contractor's APP shall be discussed at the pre-work meeting. Any changes to the Contractor's APP by the COR shall be addressed no later than 10 days following the pre-work meeting. 11. Services to be Performed 11.1 Law Enforcement Services shall begin the Thursday prior to Memorial Day (notification of the exact start date shall be made by the COR). The Contractor shall determine the enforcement procedures and methods that shall achieve the desired outcome. Prior to the commencement of work, all procedures and methods shall be approved by the COR during the pre-work meeting. 11.1.1 Law Enforcement Services include, but are not limited to patrols provided on Thursday and Sunday from 1500 hours to 2300 hours and Friday and Saturday (and Sundays before a Monday holiday) from 1600 hours to 2400 hours beginning the Thursday before Memorial Day and extending through Labor Day. A patrol on foot with Park Rangers at the Island Park Campground shall occur on Fridays and Saturdays (and on Sundays before a holiday) at 2200 hours. When July 4th falls on a Tuesday, Wednesday, or Thursday, patrols shall be provided on July 3rd & 4th from 1500 hours to 2300 hours. 12. General Service Provisions 12.1 The Contractor is responsible for the management and quality control actions to meet the requirements of the contract. The role of the Government is quality assurance, to ensure quality control standards are achieved. 13. Estimated Service Schedule/Frequency 13.1 Budgetary constraints may reduce the expected quantity and/or frequency, which can be decreased at any time at the discretion of the COR. 13.2 The days of service shall be negotiated with the COR to determine regularly scheduled service days prior to commencement of services. If unforeseen events cause a variation in the scheduled service, the Contractor shall notify the COR twenty four hours in advance of the delay or cancelation. Failure to provide the service or variation from the agreed service schedule shall require written explanation by the Contractor. If and when additional service(s) are added, the schedule shall be modified.
\\191238-16-C-0008 Page 29 of 46 13.3 Each contract service year will have to be negotiated with the Fresno County Board of Supervisors prior to the start of the contract year. 14. Period of Performance 14.1 The contract shall consist of a Base Year plus four ( 4) Option Years as follows. Option Years are exercised at the discretion of the Government: Base Year shall be from 01 May 2016 to 30 September 2016. Option Year 1 shall be from 01 May 2017 to 30 September 2017. Option Year 2 shall be from 01 May 2018 to 30 September 2018. Option Year 3 shall be from 01 May 2019 to 30 September 2019. Option Year 4 shall be from 01 May 2020 to 30 September 2020. 15. Standards of Employee Conduct 15.1 The Contractor and their employees shall be required to adhere to the following standards of dress and conduct while performing contract services. 15.2 All Contractor personnel shall be identifiable by wearing an agency uniform in accord with all County uniform guidance. The Contractor shall use personal protective equipment (PPE) where required as identified in EM 3 85-1-1, Safety and Health Requirements Manual. 15.3 A clean, well-groomed appearance shall be maintained at all times while performing contract services. 15 .4 The Contractor shall not take part in any selling or advertising activities. 15.5 The Contractor shall not perform any duties that may conflict with contractual duties while performing this contract. 15.6 Alcoholic beverages and/or illegal substances shall not be consumed or possessed prior to or while on duty, nor at anytime while the Contractor is performing contract services. The Contractor shall not be under the influence of any substance that impairs his/her ability to safely perform contract services. 15.7 The Contractor and their employees shall not smoke in or around any Government-owned structures or facilities. Additionally, the Contractor shall not smoke while in contact with the public and/or Government personnel. 15.8 The use of any Government property without proper authorization shall not be permitted. 15.9 The Contractor shall comply with all CFR Title 36 regulations while performing services under this contract. The Contractor and their employees shall cooperate fully with all Corps of Engineers employees, local law enforcement and State agencies. The Contractor and their employees are not authorized to direct the work of other contractors.
W9123 8-l 6-C-0008 Page 30 of 46 16. Protection and Use of Government Facilities and Equipment 16.1 The work to be performed is within the boundaries of public areas. The Contractor's attention is directed to the needs for extreme caution and care while driving and operating equipment. Safety requirements ofEM-385-1-1 shall apply to all work. A copy of the Engineering Manual is available at the Park Headquarters for review or on-line at: http:/ /140.194.76.129/publications/eng-manuals/em385-l-1/2008 English/entire 2008 English.pdf. 16.2 The Contractor shall be responsible for restoring any Government facilities or property damaged as a result of the Contractor's operations. Reasonable care shall be used to avoid damage to existing structures, equipment, facilities, and vegetation in the areas serviced. Any damage shall be repaired or replaced as directed by the COR, and at no cost to the Government. If the Contractor does not make such repairs or replacement, the cost thereof shall be deducted from normal contract payments. 17. Performance Evaluation Meeting 17.1 The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of a meeting with the Contractor, Contracting Officer (KO) and the Contracting Officer's Representative (COR). A mutual effort shall be made to resolve all problems identified. The Government shall prepare written minutes of the meeting. The Contractor, KO, and the COR shall sign minutes of the meeting(s). 17.2 Should the Contractor not concur with the minutes, he/she shall state in writing to the Contracting Officer within ten (10) calendar days any areas he does not concur and explain the reasons for non-concurrence. The Contracting Officer shall review and consider the reasons submitted for the Contractor's non-concurrence and make a decision. The Contracting Officer shall notify the Contractor of the decision in writing within ten (10) calendar days. 18. Remedial Actions 18.1 The COR shall verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation shall be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified. 18.2 If the Government creates any discrepancies in contract services, these shall not be counted against the Contractor's performance. 18.3 When the Contractor is not meeting the limits of satisfactory performance, a CDR shall be issued to the Contractor. The seriousness of the failures should govern whether to issue a CDR at the end of the period, or as soon as the limits of satisfactory performance is exceeded. 18.4 When a CDR is issued for a service, the Contracting Officer must deduct from the periodic payment, a percentage of that payment as indicated in the Performance of Work Requirements Summary (Attachment A).
\V91238-16-C-0008 Page 31 of 46 18.5 If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR shall be issued and the appropriate amount shall be deducted from the periodic payment in accordance with the disincentive rate listed in the attached Performance of Work Requirements Summary (Attachment A). 18.6 A third CDR shall be the cause for a Cure Notice. However, the Contracting Officer may issue a Cure Notice or Show Cause letter at any time he/she deems appropriate. Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the contract. 19. Contractor's Quality Control Plan (QCP): 19 .1 The Contractor shall establish and maintain a complete QCP to ensure the requirements of this contract are provided as specified. This QCP shall be discussed with the COR and approved prior to award of the contract. The COR shall review the QCP and list any needed clarifications, and return to the Contractor for response, if necessary, reference Attachment B. The Contractor's QCP shall include the following, or have incorporated into the document during performance of the contract, at a minimum: 19 .1.1 An inspection plan covering all services is required by this contract. The inspection plan shall specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections shall be accomplished and documented, and shall specify the title of the individual(s) who shall perform the inspections. 19 .1.2 On-site records of all inspections conducted by the Contractor noting necessary corrective actions taken. The Government reserves the right to request copies of any and/or all inspections. 19 .1.3 Active or established internal policies and procedures for updating equipment and procedures that may affect the performance of the contract. 19 .1.4 Methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable, and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance. 19 .1.5 Identify the character, physical capabilities, certifications and ongoing training of each employee performing services under the contract. 19 .1.6 Contain a log to account for all requests for immediate services. The log shall indicate the date and time of services, and description ofresults and completion of these services. The log shall also contain any complaints or problems, with procedures taken, to allow for corrections and/or elimination before effects caused interruption of performance of the contract. 20. Authorities/Technical Direction 20.1 The Contractor shall take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price or schedule. Changes authorized by the Contracting Officer shall be in the form of a written, official, signed modification to the
W9 l 23 8-l 6-C-0008 Page 32 of 46 contract action received by the Contractor before the Contractor shall act upon those changes. The Contractor shall comply with the Changes clause of this contract when the Contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contracting Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they shall be appointed by written letter from the Contracting Officer to the Contractor and COR specific to this contract only. COR appointment letters from previous contracts at this installation are not valid for this contract. 21. Payment and Invoices 22.1 Invoices for payment shall be submitted upoh completion of tasks as outlined in the pricing/payment schedule. Invoices shall include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement. All invoices must reflect the Contract No. W91238-16-C-0008, see Block 2 of the Standard Form 1449. The final invoice must be marked "FINAL." Copies of all invoices shall be provided to the following: 21.1.1 An original invoice WITHOUT additional information or supporting documentation shall be mailed to: USAED, Finance Center Attn: CEFC-FP 5722 Integrity Dr. Millington, TN 38054-5005 Fax: (901) 874-8731 Email: CEFC-Pavments@usace .armv. mil 21.1.2 A copy each of invoice WITH all necessary supporting documentation as required by this Performance Work Statement shall be mailed to the following individuals: Mr. Jeromy Caldwell U.S. Army Corps of Engineers CESPK-CO-SB P.O. Box 117 Piedra, CA 93649-0117 Ph: (559) 787-2589 Fax: (559) 787-2773 Email: J eromv. W.Caldwell(a),usace.aimv .mil Ms. Healon Knight U.S. Army Corps of Engineers, Sacramento District CESPK-CT ( Contract Specialist) 1325 J Street Sacramento, CA 95814-2922 lPh: (916) 557-7228 Fax: (916) 557-7854/7524
\\191238-16-C-0008 Page 33 of 46 Email: Healon.D.Knight@usace.armv.mil 22. Contract Payments 22.1 The Government shall pay the Contractor upon submission of proper invoices for the services delivered and accepted or for the portion of work actually performed under the contract. Payment shall be made as indicated in the contract's Payment Schedule. Deliverables as defined in the Payment Schedule of the contract must be accepted by the Government before payment shall be made. 22.2 The Contractor shall be paid at the completion of services for the amount of work accomplished. Failure to complete any of the required items defined in the contract specifications for a particular service shall be cause for that service to be considered incomplete in its entirety. Incomplete services are not billable by the Contractor. As per the Performance Work Statement, if work accomplished is unsatisfactory and does not meet the contract specifications, the Contractor shall be subject to the parameters set forth in the Performance Work Statement, and may be held liable for any costs to the Government to correct the problem. The COR shall verify invoices before payment shall be authorized. 22.3 The Contractor shall submit a monthly invoice for payment, verifying that all units, quantities and amounts are true and correct. Invoices shall be received by close of business on the first business day of the following month at Pine Flat Lake Park Headquarters. The invoice may also be faxed to Park Headquarters at (559) 787-2773 or emailed in either Microsoft Word, Excel or in a PDF format to the COR. An invoice number, the billing period services performed, and itemized line item charges shall be indicated on the invoice. Hours performed shall be submitted separately with each invoice on a Safety Exposure Report (CESPD Form 94-R). Invoices shall not be processed without the Safety Exposure Report. 22.4 The final payment shall be authorized when all Government issued equipment has been returned and all reporting requirements have been met. ATTACHMENT A PERFORMANCE OF WORK REQUIREMENTS SUMMARY 1. The purpose of this exhibit is to: a. List the contract requirements considered most critical to acceptable contract performance. b. Show, where applicable, the maximum allowable degree of deviation from perfect performance for each requirement that shall be allowed by the Government before contract performance is considered unsatisfactory. c. Define the procedures the Government shall use in reducing the Contractor's monthly payment if satisfactory performance is not rendered.
W91238-16-C-0008 Page 34 of 46 2. The Government's quality assurance procedures are based on actual performance of the contract and all areas shall be reviewed periodically, (e.g. daily ,weekly, monthly, quarterly, semi-annually, etc.). 3. The criteria for acceptable and/or unacceptable performance are as follows: a. Contract requirements. The criteria for requirements are the level of performance deemed acceptable by the Government. b. If the quality of work does not comply with the contract requirements, the COR shall initiate and the Contractor shall be required to complete a Contract Discrepancy Report (CDR). c. The CDR shall require the Contractor to explain in writing why performance was unacceptable, how perfonnance shall be returned to an acceptable level, and how recurrence of the problem shall be prevented in the future. The Contractor shall not be paid for services not rendered in accordance with the standards set forth in this contract. d. If the level of performance is deemed unacceptable to the Government, concurrent with two unsatisfactory ratings, monthly payment shall be reduced for unsatisfactory performance by the percentage as shown in the chart below: (1) OBJECTIVE· Pre-Work Meeting Per/ ormance Standard Minimum Method and Disincentive. Incentive & Remedy Acceptable Ll!l•el Frequency of (MAL) & Desired Inspection Level(DL) Contractor shall attend a 100% required at Reviewed and Disincentive: Delay of contract start date. pre-work meeting and both the MAL and approved by the Incentive: Performance of contract. submit all required DL COR prior to Remedy: The Contractor shall attend a pre-work documents. initialization of meeting and satisfy all requirements of the any work. Performance Work Statement. Continuous review until performance is satisfactory. (2) OBJECTIVE· Law Enforcement Services Performance Standard Minimum Method and Disincentive, Incentive & Remedy Acceptable level Frequency of (MAL) & Desired Inspection le;veUDL) Provide law enforcement 90% required at Random quality Disincentive: 10% of invoice deduction for services starting the the MAL and assurance failing to meet MAL. Thursday prior to I 00% required at inspections by the Incentive: Full payment of invoice. Memorial Day and DL COR Remedy: The Contractor shall develop a plan for extending to Labor Day completion of Law Enforcement Contract per specifications requirements. Continuous review until outlined in Section 11. performance is satisfactory. Provide foot patrol at 90% required at Random quality Disincentive: I 0% of invoice deduction for Island Park Recreation the MAL and assurance failing to meet MAL. Area with Park Rangers I 00% required at inspections by the Incentive: Full payment of invoice. on Fridays and Saturdays DL COR Remedy: The Contractor shall develop a plan for (Sundays when the completion of Law Enforcement Contract following Monday is a requirements. Continuous review until holiday). performance is satisfactory.
W91238-16-C-0008 Page 35 of 46 (3) OBJE CTIVE R ecor dK dl eepmg, Reportmg, an nv01ces Performance Standard Minimum Method a11d Disincentive, Incentive & Remedy Acceptable Level Frequency of (MAL) & Desired lnspectio11 Lt!l'elJ/JL) Report all incidents and 95% required at Monthly record Disincentive: 10% of invoice deduction for accidents as outlined in the MAL and inspection by the failing to meet MAL. Section 8. 100% required at COR Incentive: Full payment of invoice. DL Remedy: The Contractor shall develop a plan for completion of all reporting requirements. Continuous review until performance is satisfactory. Submit monthly invoices 100% required at Reviewed and Disincentive: Delay of invoice payment for on time and with accurate the MAL and approved by the failing to meet MAL. information. 100% required at COR prior to Incentive: Full and prompt payment of invoice. DL initialization of Remedy: The Contractor shall develop a plan for contract payment. completion of all monthly invoices and reporting requirements. Continuous review until performance is satisfactory. Submit Safety Exposure 100% required at Reviewed and Disincentive: Delay of invoice payment for Report, CESPD Form 94-the MAL and approved by the failing to meet MAL. R with monthly invoice. 100% required at CORpriorto Incentive: Full and prompt payment of invoice. DL initialization of Remedy: The Contractor shall develop a plan for contract payment. completion of all reporting requirements. Continuous review until performance is satisfactory. ATTACHMENT B Quality Assurance Surveillance Plan: The QASP shall consist of periodic inspections conducted by the COR or their designated representative. A surveillance report shall be prepared by the KO and forwarded to the Contractor. The Contractor shall respond to any complaints and/or ratings of poor performance within five (5) calendar days, after receipt of the report. MANAGEMENT SUPPORT RATING CRITERIA CUN PERFORMANCE INDICATORS OF SUCCESS OBJECTIVE 0001 Pre-Work Meeting The Contractor has attended the Pre-Work Meeting in accordance with the PWS. The Contractor has provided law enforcement services at Park Headquarters, Pine Flat Dam, Pine Flat Campground, Deer Creek Recreation Area, Island Park Recreation Area, Island 0002 Law Enforcement Services -Park Campground, Deer Creek Point Group Area, Lakeview Base Year Recreation Area, Trimmer Recreation Area, Trimmer Campground and all other non-designated recreation areas within the Pine Flat Lake Project boundaries according to the contract specifications. The Contractor reported all incidents and accidents. The . 0003 Record Keeping and Reporting Contractor submitted all monthly invoices within specified time requirements. 1001 Pre-Work Meeting The Contractor has attended the Pre-Work Meeting in accordance with the PWS.
\\191238-16-C-0008 Page 36 of 46 The Contractor has provided law enforcement services at Park Headquarters, Pine Flat Dam, Pine Flat Campground, Deer Creek Recreation Area, Island Park Recreation Area, Island 1002 Law Enforcement Services -Park Campground, Deer Creek Point Group Area, Lakeview Option Year 1 Recreation Area, Trimmer Recreation Area, Trimmer Campground and all other non-designated recreation areas within the Pine Flat Lake Project boundaries according to the contract specifications. The Contractor reported all incidents and accidents. The 1003 Record Keeping and Reporting Contractor submitted all monthly invoices within specified time requirements. 2001 Pre-\V ark Meeting The Contractor has attended the Pre-\V ark Meeting in accordance with the P\VS. The Contractor has provided law enforcement services at Park Headquarters, Pine Flat Dam, Pine Flat Campground, Deer Creek Recreation Area, Island Park Recreation Area, Island 2002 Law Enforcement Services -Park Campground, Deer Creek Point Group Area, Lakeview Option Year 2 Recreation Area, Trimmer Recreation Area, Trimmer Campground and all other non-designated recreation areas within the Pine Flat Lake Project boundaries according to the contract specifications. The Contractor reported all incidents and accidents. The 2003 Record Keeping and Reporting Contractor submitted all monthly invoices within specified time requirements.
\\191238-16-C-0008 Page 37 of 46 ATTACHMENT C SAFETY EXPOSURE REPORT DATE (USACE Supplement 1 to AR 385-40) INSTRUCTIONS 1. Enter the following exposure data: a. Man hours worked per certified payroll report. b. Month -Year 2. Report shall be delivered to the contracting officer's representative by 19th of each month. 3. Please check the appropriate box. D Check if report is final. D Accidents during the month. (Lost Time, Personal Injury and Property Damage) List accidents on the back of the form. Indicate worker=s name, date of accident and days lost for personal injury accidents. D Worker's Compensation Claim Report submitted. D 50% 0100% THRU TO D RESIDENT ENGINEER D PROJECT ENGINEER SAFETY & OCCUPATIONAL HEALTH OFFICE D PROJECT MANAGER (PARKS/LAKES ONLY) Sii:inature PRIME CONTRACTOR NAME SUB-CONTRACTOR NAME CONTRACT NUMBER ---SITE LOCATION MAN HOURS MONTH YEAR PREPARED BY (Typed Name and Title) SIGNATURE CERTIFIED BY CONTRACTOR PROJECT MANAGEMENT SIGNATURE ( Typed Name and Title) CESPD Form 94-R 1 Feb 91 EDITION OF 1 APR 76 IS OBSOLETE
\\191238-16-C-0008 Page 38 of 46 \V AGE DETERMINATION#2005-2045 WD 05-2045 (Rev.-18) was first posted on www.wdol.gov on 01/05/2016 ************************************************************************************ REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT By direction of the Secretary of Labor Daniel W. Simms Director Division of Wage Determinations! U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 Wage Determination No.: 2005-2045 Revision No.: 18 Date Of Revision: 12/29/2015 ~~~~-----,~~~~~,----~~--,----~----,---~~--,---c,~~1~--,-~---,,-----~-,---------,----~~~~~-,c-...,....,-,---,----,,-----,------~~~~~ Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. State: California Area: California Counties of Fresno, Madera, Mariposa, Merced **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE -TITLE FOOTNOTE 01000 -Administrative Support And Clerical Occupations 01011 -Accounting Clerk I 01012 Accounting Clerk II 01013 Accounting Clerk III 01020 Administrative Assistant 01040 Court Reporter 01051 -Data Entry Operator I 01052 Data Entry Operator II 01060 Dispatcher, Motor Vehicle 01070 Document Preparation Clerk 01090 Duplicating Machine Operator 01111 General Clerk I 01112 -General Clerk II 01113 -General Clerk III 01120 -Housing Referral Assistant 01141 -Messenger Courier 01191 -Order Clerk I 01192 -Order Clerk II 01261 -Personnel Assistant (Employment) 01262 -Personnel Assistant (Employment) 01263 -Personnel Assistant (Employment) 01270 -Production Control Clerk 01280 -Receptionist 01290 -Rental Clerk 01300 -Scheduler, Maintenance 01311 -Secretary I 01312 -Secretary II 01313 -Secretary III 01320 -Service Order Dispatcher 01410 -Supply Technician 01420 -Survey Worker 01531 -Travel Clerk I I II III RATE 14.16 15.89 17.78 20.44 25.29 13 .83 15.08 17.58 12. 8 9 12.89 12.25 13.23 15.04 18.03 10.28 12.42 13.55 15.37 17.19 19.17 19.13 11. 63 14.53 14.45 14.45 16.43 18.03 17.51 20.44 16.05 13 .48
01532 -Travel Clerk II 01533 -Travel Clerk III 01611 -Word Processor I 01612 -Word Processor II 01613 -Word Processor III 05000 -Automotive Service Occupations 05005 -Automobile Body Repairer, Fiberglass 05010 -Automotive Electrician 05040 -Automotive Glass Installer 05070 -Automotive Worker 05110 -Mobile Equipment Servicer 05130 -Motor Equipment Metal Mechanic 05160 -Motor Equipment Metal Worker 05190 -Motor Vehicle Mechanic 05220 -Motor Vehicle Mechanic Helper 05250 -Motor Vehicle Upholstery Worker 05280 -Motor Vehicle Wrecker 05310 -Painter, Automotive 05340 -Radiator Repair Specialist 05370 -Tire Repairer 05400 -Transmission Repair Specialist 07000 -Food Preparation And Service Occupations 07010 -Baker 07041 -Cook I 07042 -Cook II 07070 -Dishwasher 07130 -Food Service Worker 07210 -Meat Cutter 07260 -Waiter/Waitress 09000 -Furniture Maintenance And Repair Occupations 09010 -Electrostatic Spray Painter 09040 -Furniture Handler 09080 -Furniture Refinisher 09090 -Furniture Refinisher Helper 09110 -Furniture Repairer, Minor 09130 -Upholsterer 11000 -General Services And Support Occupations 11030 -Cleaner, Vehicles 11060 -Elevator Operator 11090 -Gardener 11122 -Housekeeping Aide 11150 -Janitor 11210 -Laborer, Grounds Maintenance 11240 -Maid or Houseman 11260 -Pruner 11270 -Tractor Operator 11330 -Trail Maintenance Worker 11360 -Window Cleaner 12000 -Health Occupations 12010 -Ambulance Driver 12011 -Breath Alcohol Technician 12012 -Certified Occupational Therapist Assistant 12015 -Certified Physical Therapist Assistant 12020 -Dental Assistant 12025 -Dental Hygienist 12030 -EKG Technician 12035 -Electroneurodiagnostic Technologist 12040 -Emergency Medical Technician 12071 -Licensed Practical Nurse I 12072 -Licensed Practical Nurse II 12073 -Licensed Practical Nurse III 12100 -Medical Assistant 12130 -Medical Laboratory Technician 12160 -Medical Record Clerk 12190 -Medical Record Technician 12195 -Medical Transcriptionist \V91238-16-C-0008 Page 39 of 46 13. 85 14.98 13.93 15.64 17. 49 18 .11 17. 75 15.97 15.97 14.17 17.75 15. 97 18 .11 13.43 15.72 15.97 16.84 15.97 11. 82 17.75 14.16 12.05 13.70 8.63 9.20 16.42 9.51 15.99 12.75 15.99 12.75 13.01 15.99 10.23 10.23 13.47 11. 09 11. 09 13. 77 9.34 12. 57 12.94 13. 77 11.86 18.28 18.60 25.15 25.08 15.73 31.79 26.03 26.03 18.28 18.29 20. 4 6 22.81 13. 58 19.69 13.53 15.14 18 .11
12210 -Nuclear Medicine Technologist 12221 -Nursing Assistant I 12222 -Nursing Assistant II 12223 -Nursing Assistant III 12224 -Nursing Assistant IV 12235 -Optical Dispenser 12236 -Optical Technician 12250 -Pharmacy Technician 12280 -Phlebotomist 12305 -Radiologic Technologist 12311 -Registered Nurse I 12312 -Registered Nurse II 12313 -Registered Nurse II, Specialist 12314 -Registered Nurse III 12315 -Registered Nurse III, Anesthetist 12316 -Registered Nurse IV 12317 -Scheduler (Drug and Alcohol Testing) 13000 -Information And Arts Occupations 13011 -Exhibits Specialist I 13012 -Exhibits Specialist II 13013 -Exhibits Specialist III 13041 -Illustrator I 13042 -Illustrator II 13043 -Illustrator III 13047 -Librarian 13050 -Library Aide/Clerk 13054 -Library Information Technology Systems Administrator 13058 -Library Technician 13061 -Media Specialist I 13062 -Media Specialist II 13063 -Media Specialist III 13071 -Photographer I 13072 -Photographer II 13073 -Photographer III 13074 -Photographer IV 13075 -Photographer V 13110 -Video Teleconference Technician 14000 -Information Technology Occupations 14041 -Computer Operator I 14042 -Computer Operator II 14043 -Computer Operator III 14044 -Computer Operator IV 14045 -Computer Operator v 14071 -Computer Programmer I 14072 -Computer Programmer II 14073 -Computer Programmer III 14074 -Computer Programmer IV 14101 -Computer Systems Analyst I 14102 -Computer Systems Analyst II 14103 -Computer Systems Analyst III 14150 -Peripheral Equipment Operator 14160 -Personal Computer Support Technician 15000 -Instructional Occupations 15010 -Aircrew Training Devices Instructor (Non-Rated) 15020 -Aircrew Training Devices Instructor (Rated) 15030 -Air Crew Training Devices Instructor (Pilot) 15050 -Computer Based Training Specialist I Instructor 15060 -Educational Technologist 15070 -Flight Instructor (Pilot) 15080 -Graphic Artist 15090 -Technical Instructor 15095 -Technical Instructor/Course Developer 15110 -Test Proctor 15120 -Tutor (see 1) (see 1) (see 1) (see 1) (see 1) 16000 -Laundry, Dry-Cleaning, Pressing And Related Occupations W9123 8-l 6-C-0008 Page 40 of 46 4 4 . 40 10.75 12.09 13.19 14. 81 16.98 15.10 16 .06 14.81 27. 37 25.22 30.85 30.85 37. 32 37. 32 44.73 25.34 20.06 23.06 28.21 20.06 23.06 28.21 27.51 13.42 24.84 17.66 17. 91 20.04 22.33 16.14 18.36 20.35 25.47 30.81 18.23 15.36 17.30 19.99 22.17 24.61 18.30 22.67 15.36 22.17 28.58 34.58 41. 39 28.58 36.57 41. 39 22.54 22.62 27.69 18.55 18.55
16010 -Assembler 16030 -Counter Attendant 16040 -Dry Cleaner 16070 -Finisher, Flatwork, Machine 16090 -Presser, Hand 16110 -Presser, Machine, Drycleaning 16130 -Presser, Machine, Shirts 16160 -Presser, Machine, Wearing Apparel, Laundry 16190 -Sewing Machine Operator 16220 -Tailor 16250 -Washer, Machine 19000 -Machine Tool Operation And Repair Occupations 19010 -Machine-Tool Operator (Tool Room) 19040 -Tool And Die Maker 21000 -Materials Handling And Packing Occupations 21020 -Forklift Operator 21030 -Material Coordinator 21040 -Material Expediter 21050 -Material Handling Laborer 21071 -Order Filler 21080 -Production Line Worker (Food Processing) 21110 -Shipping Packer 21130 -Shipping/Receiving Clerk 21140 -Store Worker I 21150 -Stock Clerk 21210 -Tools And Parts Attendant 21410 -Warehouse Specialist 23000 -Mechanics And Maintenance And Repair Occupations 23010 -Aerospace Structural Welder 23021 -Aircraft Mechanic I 23022 -Aircraft Mechanic II 23023 -Aircraft Mechanic III 23040 -Aircraft Mechanic Helper 23050 -Aircraft, Painter 23060 -Aircraft Servicer 23080 -Aircraft Worker 23110 -Appliance Mechanic 23120 -Bicycle Repairer 23125 -Cable Splicer 23130 -Carpenter, Maintenance 23140 -Carpet Layer 23160 -Electrician, Maintenance 23181 -Electronics Technician Maintenance I 23182 -Electronics Technician Maintenance II 23183 -Electronics Technician Maintenance III 23260 -Fabric Worker 23290 -Fire Alarm System Mechanic 23310 -Fire Extinguisher Repairer 23311 -Fuel Distribution System Mechanic 23312 -Fuel Distribution System Operator 23370 -General Maintenance Worker 23380 -Ground Support Equipment Mechanic 23381 -Ground Support Equipment Servicer 23382 -Ground Support Equipment Worker 23391 -Gunsmith I 23392 -Gunsmith II 23393 -Gunsmith III 23410 -Heating, Ventilation And Air-Conditioning Mechanic 23411 -Heating, Ventilation And Air Contditioning Mechanic (Research Facility) 23430 -Heavy Equipment Mechanic 23440 -Heavy Equipment Operator 23460 -Instrument Mechanic 23465 -Laboratory/Shelter Mechanic 23470 -Laborer \\191238-16-C-0008 Page 41 of 46 9.82 9.82 11. 83 9.82 9.82 9.82 9.82 9.82 12.50 13.18 10.49 21.95 26.90 13. 60 19.13 19.13 11.10 12.61 13. 53 13. 60 13. 54 11. 42 14.99 13. 60 13.60 22.55 21.40 22.55 23.69 16.21 20.09 18.18 19.27 21. 29 11. 82 23.42 22.37 18.84 23.30 20.76 23.48 24.80 19.65 21.16 18.38 26.03 19.70 17.47 21. 40 18.18 19.27 18.38 20.91 23.42 23.34 24.28 21.93 28.33 24 .11 22.17 11.10
23510 -Locksmith 23530 -Machinery Maintenance Mechanic 23550 -Machinist, Maintenance 23580 -Maintenance Trades Helper 23591 -Metrology Technician I 23592 -Metrology Technician II 23593 -Metrology Technician III 23640 -Millwright 23710 -Office Appliance Repairer 23760 -Painter, Maintenance 23790 -Pipefitter, Maintenance 23810 -Plumber, Maintenance 23820 -Pneudraulic Systems Mechanic 23850 -Rigger 23870 -Scale Mechanic 23890 -Sheet-Metal Worker, Maintenance 23910 -Small Engine Mechanic 23931 - Telecommunications Mechanic I 23932 -Telecommunications Mechanic II 23950 -Telephone Lineman 23960 -Welder, Combination, Maintenance 23965 -Well Driller 23970 -Woodcraft Worker 23980 -Woodworker 24000 -Personal Needs Occupations 24570 -Child Care Attendant 24580 -Child Care Center Clerk 24610 -Chore Aide 24620 - Family Readiness And Support Services Coordinator 24630 -Homemaker 25000 -Plant And System Operations Occupations 25010 -Boiler Tender 25040 -Sewage Plant Operator 25070 -Stationary Engineer 25190 -Ventilation Equipment Tender 25210 -Water Treatment Plant Operator 27000 -Protective Service Occupations 27004 -Alarm Monitor 27007 -Baggage Inspector 27008 -Corrections Officer 27010 -Court Security Officer 27030 -Detection Dog Handler 27040 -Detention Officer 27070 -Firefighter 27101 -Guard I 27102 -Guard II 27131 -Police Officer I 27132 -Police Officer II 28000 -Recreation Occupations 28041 -Carnival Equipment Operator 28042 -Carnival Equipment Repairer 28043 -Carnival Equpment Worker 28210 -Gate Attendant/Gate Tender 28310 -Lifeguard 28350 -Park Attendant (Aide) 28510 -Recreation Aide/Health Facility Attendant 28515 -Recreation Specialist 28630 -Sports Official 28690 -Swimming Pool Operator 29000 -Stevedoring/Longshoremen Occupational Services 29010 -Blocker And Bracer 29020 -Hatch Tender 29030 -Line Handler 29041 -Stevedore I 29042 -Stevedore II \\191238-16-C-0008 Page 42 of 46 21.70 22.85 20.01 12. 63 24 .11 25.41 26.70 24 .11 18.48 16.29 23.30 22.05 23.42 23.42 21.05 22.14 20.19 26.35 27.77 26.39 18.52 22.91 23.42 15.62 10.49 12.76 9.35 14.81 14.81 27.76 23.68 27.76 20.21 23. 68 19.41 10.65 25.90 25.90 14.33 25.90 25.39 10.65 14.33 30. 42 33.80 11.26 12.00 8.82 14.55 11. 90 16.27 12.02 20.12 12. 96 18.41 20.91 20.91 20.91 19.65 22.83
30000 -Technical Occupations 30010 -Air Traffic Control Specialist, 30011 -Air Traffic Control Specialist, 30012 -Air Traffic Control Specialist, 30021 -Archeological Technician I 30022 -Archeological Technician II 30023 -Archeological Technician III 30030 -Cartographic Technician 30040 -Civil Engineering Technician 30061 -Drafter/CAD Operator I 30062 -Drafter/CAD Operator II 30063 -Drafter/CAD Operator III 30064 -Drafter/CAD Operator IV 30081 -Engineering Technician I 30082 -Engineering Technician II 30083 -Engineering Technician III 30084 -Engineering Technician IV 30085 -Engineering Technician V 30086 -Engineering Technician VI 30090 -Environmental Technician 30210 -Laboratory Technician 30240 -Mathematical Technician 30361 -Paralegal/Legal Assistant I 30362 -Paralegal/Legal Assistant II 30363 -Paralegal/Legal Assistant III 30364 -Paralegal/Legal Assistant IV 30390 -Photo-Optics Technician 30461 -Technical Writer I 30462 -Technical Writer II 30463 -Technical Writer III Center (HFO) Station (HFO) Terminal (HFO) 30491 -Unexploded Ordnance (UXO) Technician I 30492 -Unexploded Ordnance (UXO) Technician II 30493 -Unexploded Ordnance (UXO) Technician III 30494 -Unexploded (UXO) Safety Escort 30495 -Unexploded (UXO) Sweep Personnel 30620 -Weather Observer, Combined Upper Air Or Surface Programs (see 2) (see 2) (see 2) (see 2) 30621 -Weather Observer, Senior (see 2) 31000 -Transportation/Mobile Equipment Operation Occupations 31020 -Bus Aide 31030 Bus Driver 31043 -Driver Courier 31260 Parking and Lot Attendant 31290 -Shuttle Bus Driver 31310 -Taxi Driver 31361 -Truckdriver, Light 31362 -Truckdriver, Medium 31363 -Truckdriver, Heavy 31364 -Truckdriver, Tractor-Trailer 99000 -Miscellaneous Occupations 99030 -Cashier 99050 Desk Clerk 99095 -Embalmer 99251 -Laboratory Animal Caretaker I 99252 -Laboratory Animal Caretaker II 99310 -Mortician 99410 Pest Controller 99510 -Photofinishing Worker 99710 -Recycling Laborer 99711 -Recycling Specialist 99730 -Refuse Collector 99810 -Sales Clerk 99820 -School Crossing Guard 99830 -Survey Party Chief 99831 -Surveying Aide 99832 -Surveying Technician \\191238-16-C-0008 Page 43 of 46 35. 77 24.66 27.16 16.65 18.62 23.08 23.08 25.83 16.65 18.26 20.77 25.55 15.79 17.23 20.69 22.60 27. 64 33.44 22.63 18.05 23.08 19.94 22.66 27. 72 33.54 23.08 22.24 27.20 32.91 22.74 27.51 32. 97 22.74 22.74 20. 77 23.08 12.44 16.72 12.66 9.81 14.17 11.17 14.17 16.14 19.65 19.65 10.06 9.60 26.70 10.97 11. 68 26.70 14.27 11. 95 15.85 18.39 15. 72 11. 95 12.60 30.95 20.58 28.14
Vv91238-16-C-0008 99840 -Vending Machine Attendant 99841 -Vending Machine Repairer 99842 -Vending Machine Repairer Helper ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month Page 44 of 46 11. 83 16.17 12.30 VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 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. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS -NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your
W9 l 23 8-16-C-0008 Page 45 of 46 regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol. gov/esa/whd/ or through the Wage Determinations On-Line (WOOL) Web site at http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to
\\191238-16-C-0008 Page 46 of 46 be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C) (vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.
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U.S. Army Corps of Engineers Pine Flat Lake Agreement
(Base Year-May 1, 2016 to September 30 , 2016)
REVIEWED & RECOMMENDED
FOR APPROVAL
~ MARGARET MIMS, Sheriff-Coroner
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APPROVED AS TO LEGAL FORM :
10 Daniel C. Cederberg , County Counsel
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By ~~...L...><.>..Lb...__,~:::::::oo+....f-1'-"-""'~
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APPROVED AS TO ACCOUNTING FORM :
ATIEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
17 VICKI CROW, Auditor-Controllerrrreasurer-Tax Collector
18
19 By ----~o::O~Jb.=----£-=-~"---*++----
20
21 Fund
Subclass
22 ORG
Account
23
24
25
26
27
28
0001
10000
31113227
4975
1