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HomeMy WebLinkAboutC97-270 Federal Aviation Administration1___W Itt 6 &,) 14 f!'r e_2 SOLICITATION, r 'ER, AND AWARD r 1',P PAGE OF PAGES 1 2. CONTRACT N 39 7.: 3. SOLICITi, .4 NO.: 4. TYPE OF SOLICITATION: 5. DATE ISSUED: DTFA11-97-C-00107 DTFA11-97-R-00107 I X I NEGOTIATED (RFO) May 19 ,19 9 7 Q 2 6. ISSUED/ADMINISTERED BY: 7. ADDRESS OFFER TO (If other than Item 7): 19 -Feb -97 DOT/FEDERAI. AVIATION ADMINISTRATION Eagle County Government ACQUISITION MANAGEMENT BRANCH - ANM 55/LSSC6 Box 850 1601 LIND AVE S.W. RENTON, WA 98055 Eagle, CO 81631 NOTE: In request for offer solicitations 'Offer' and 'offeror' mean 'bid' and 'bidder'. SOLICITATION 6. Sealed offers in original for turmslung supplies or services in the Schedule Wil Yx reee)ved atthe place speuhed in Item 8, or 1f hendcarned, in the depository located on; 1601 Lind Ave. S.W. unti11:O0 p.m. (local time) on March 17, 1997. CAUTION - LATE Submissions, modifications, and Withdrawals: See Season L. All offerors are subject to all terms and conditions contained in this solicitation. 9. FOR INFORMATION CALL: A. NAME: TELEPHONE NO. (COLLECT CALLS NOT ACCEPTED): Melinda Price 7(206)227-2919 TABLE OF CONTENTS DESCRIPTION PAGE(SI DESCRIPTION PA_ SOLICITATION. OFFER AND AWARD 1 CONTRACT CLAUSES 5 SUPPLIES, SERVICES AND PRICES/COSTS t DESCRIPTION/SPECS/SOW 13 IUST OF ATTACHMENTS 1 INSPECTION AND ACCEPTANCE 1 CONTRACT ADMINISTRATION DATA 1 REPS,CERTS &OTHER 4 SPECIAL CONTRACT PROVISIONS 6 IqTATEMENTS OF OFFERORS INSTR.. COND. ETC TO OFFERORS 4 EVAL. FACTOflS FOR AWARD- t OFFER (Must be fully completed by offeror) NOTE: Item 10 does not apply if the solicitation includes the Minimum Bid Acceptance Period provision. 10. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror] from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated po)ntls), within the time specified in the Schedule. 11. DISCOUNT FOR PROMPT PAYMENT: 10 CALENDAR DAYS 20 CALENDAR DAYS DAYS (See Section II �30CALENDAR > % % % 12. ACKNOWLEDGMENT OF AMENDMENTS: (The offeror acknowled es receipt of amendments to the solicitation -- give number and date of each) AMENDMENT NO. DATE 13A. NAME AND ADDRESS OF OFFEROR: 14. NAME AND TITLE OF PERSON AUTHORIZED County of Eagle, State of Colorado TO SIGN OFFER (Type or print): P.O. Box 850 Johnnette Phillips, Chairman Eagle, CO 81631 Board of County Commissioners 138. TELEPHONE NUMBER (Include area code): SIG FSIGN 970-524-8246 /1" AWARD pleted by the over 16. ITEMS ACCEPTED: 17. AMOUNT: 18. ACCOU ING AND APPRO IATION: Items -001 & 002 $17,125.00 W 7010 2124NM 120 2547 1SEGE 19. SUBMIT INVOICES TO THE ADDRESS SHOWN 20. PAYMENT WILL -BE BY: IN (4 copies unless unless otherwise specified): FAA/WESTERN PACIFIC REGION ACCOUNTING DIVISION (AWP -28) > BLOCK 6 P.O. BOX 92007 - WO D Y POSTAL CENTER OS ANGELES. CA 9 09 21. NAME OF THE CONTRACTING OFFICER (Type or print): 22. U TA ES OF AMERICA 23. AWARD DATE: CLARENCE DAVIS 19, na re of Con ratting fi e 1Onnweli Mfwnun ae,ron _ (9"*J � Aug -96 07 DTFAI I -97-R-00107 Revised 7/29/97 SUPPLIES/SERVICES AND PRICES/COSTS PRICES/COSTS: Furnish the required management, supervision, labor, supplies, and equipment necesary to provide air traffic control services at the Eagle County Regional Airport Control Tower at the fixed unit prices cited herein. PAGE 2 UNIT ITEM DESCRIPTION OTY OF UNIT TOTAL PRICE ISSUE PRICE BASE YEAR SEPTEMBER 1, 1997 - SEPTEMBER 30, 1997 001 Air Traffic Control Services 1 MO $16,125.00 $16,125.00 002 Liability Insurance 1 MO $1,000.00 $1,000.00 TOTAL BASE YEAR $17,125.00 OPTION PERIOD ONE OCTOBER 1, 1997 - SEPTEMBER 30, 1998 003 Air Traffic Control Services 12 MO $16,125.00 $193,500.00 004 Liability Insurance 12 MO $1,000.00 $12,000.00 TOTAL OPTION PERIOD ONE $205,500.00 OPTION PERIOD TWO OCTOBER 1, 1998 - SEPTEMBER 30, 1999 005 Airport Traffic Control Services 12 MO $16,125.00 $193,500.00 006 Liability Insurance 12 MO $1,000.00 $12,000.00 TOTAL OPTION PERIOD TWO $205,500.00 OPTION PERIOD THREE OCTOBER 1, 1999 - SEPTEMBER 30, 2000 007 Airport Traffic Control Services 12 MO $16,125.00 $193,500.00 008 Liability Insurance 12 MO $1,000.00 $12,000.00 TOTAL OPTION PERIOD THREE $205,500.00 OPTION PERIOD FOUR OCTOBER 1, 2000 - SEPTEMBER 30, 2001 009 Airport Traffic Control Services 12 MO $16,125.00 $193,500.00 010 Liability Insurance 12 MO $1,000.00 $12,000.00 TOTAL OPTION PERIOD FOUR $205,500.00 TOTAL OFFER, AGGREGATE: $839,125.00 PAGE 2 DTFAi 1-97-R-00107 rr PART 1 - SECTION C DESCRIPTION/SPECIFICATION/WORK STATEMENT Part I Section C Description/Specification/Work Statement Appendix 1 Operational Documents, Directives and Regulations Appendix 2 Other Site -Specific Information Appendix 3 Minimum Ancillary Equipment Appendix 4 Telephone Equipment/Service Appendix 5 Building and Other Maintenance PAGE 3 • DTFA•11-97-R-00107 PARTI - THE SCHEDULE SECTION C - DESCRIPTION/ PECIFI ATION/WORK STATEMENT C.1.0 SCOPE The contractor shall furnish an airport traffic control tower, labor, supervision, materials, required equipment, supplies, and services necessary to operate the Federal Aviation Administration (FAA) contract tower (FCT) at the Eagle County Regional Airport, Eagle, Colorado and provide weather observations as outlined below. Equipment, supplies, and services supplied by the Government are also outlined below in C.5.0 and C.6.0. C.2.0 DEFINITIONS Airport Traffic Control Tower (ATCT) - A terminal facility that uses air/ground communications, visual signaling, and other devices to provide air traffic control (ATC) services to aircraft operating in the vicinity of an airport or on the movement area. Contact FAA Facility - The FAA facility that functions as the FCT's point of contact for daily operational coordination. Contractor - The person, persons, or state or local organization/authority that has a prime contract with FAA for management of one or more FCT's and for provision of ATC services at such locations. Controller - A person authorized to provide air traffic control service. (Also Air Traffic Control Specialist) FAA Contract Tower (FCT) - A low -activity (Level I) visual flight rules (VFR) ATCT providing ATC services under contract with FAA. FCT Program Office - The FAA headquarters office assigned oversight responsibility for the FCT Program. Federal Aviation Regulations - The general and permanent rules published in the Federal Register by FAA, codified under title 14 of the Code of Federal Regulations (CFR). Pilot Deviation - The actions of a pilot that result in the violation of a Federal Aviation Regulation or a North American Aerospace Defense Command (NORAD) Air Defense Identification Zone (ADIZ) tolerance. Quality Assurance - The identification of commendable activities which enhance and/or deficiencies which detract from the quality of ATC service, and the establishment of a mechanism that ensures action is taken which corrects deficiencies so that problems do not recur. Subcontractor - Any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor. Visual Flight Rules (VFR) - Rules that govern the procedures for conducting flight under visual conditions. Government - The Federal Government and/or FAA and it's sub -organizations. PAGE 4 DTFA71-97-R-00107 { C.3.0 OPERATIONAL DOCUMENTS. NTS DIRECTIVES. and REGULATIONS C.3.1 The contractor and all tier subcontractors shall comply with all procedures outlined in the documents, directives, and regulations listed in Appendix l to ensure the safe, orderly, and expeditious movement of air traffic. The Government shall notify the contractor when items are added to or deleted from the appendix, or when changes are made to the listed items. Additions, deletions, or changes to the items listed in the appendix shall not be cause for an adjustment in the contract price unless such changes are substantive and constitute a major change to existing operational policies, practices, and/or procedures. C.3.2 DISTRIBUTION After contract award, FAA will provide the contractor with all documents listed in or added to Appendix I and with subsequent changes to those documents. The contractor shall ensure timely distribution of documents and their changes to subcontractors and ATC personnel. Time critical documents, such as General Notices (GENOT), Regional Notices (RENOT), Notices to Airmen (NOTAM), etc., shall be provided by FAA directly to ATC personnel the FCT. C.4.0 CONTRACTOR RESPONSIBILITIES C.4.1 Provision of ATC Services The contractor shall operate a VFR ATCT at the Eagle County Regional Airport under contract and provide ATC services in accordance with the procedures specified in Federal Aviation Regulations, Part 65, Subpart B (excluding paragraph 65.46), and in the documents, directives, and regulations listed in Appendix 1. The contractor shall also provide National Weather Service certified augmented Automated Weather Observation System (AWOS) weather observations (day/night) and backup in accordance with FAA Order 7900.5A and current AWOS Observer Handbook. C.4.1.1 Operating Hours The base hours of operation for the control tower and weather observations will be 0700 to 1900 local time, 7 days per week. Extensions of operating hours beyond the base hours shall be at the contractor's expense unless clearly justified by increased airport operations in accordance with FAA Order 7232.5 and approved by the FAA. The Government reserves the right to adjust operating hours. If this is done, any price increase or decrease as a result of this change will be mutually agreed upon based on prices submitted in the bidding procedure. The Regional Air Traffic Division is responsible for review of requests to change operating hours submitted by the contractor. Only the Contracting Officer may effect contract changes or modifications, per Federal Acquisition Regulations. C.4.1.2 The contractor shall provide a staffing plan in their proposal. Modifications to this plan must be approved by the FAA Contracting Officer prior to implementation. C.4.1.3 The contractor shall advise the regional air traffic division whenever staffing changes occur, or are forecasted to occur, which may impact the provision of ATC services. C.4.1.4 The contractor shall submit requests for changes to operating hours to the FAA Contracting Officer for FAA review and processing. C.4.1.5 To satisfy the requirements of this contract, the contractor may need to perform certain activities, such as taking weather observations, changing recorder tapes, or inspecting runway lights, to prepare the FCT for opening and closing on each day of operation. These preparatory and closing activities, although not necessarily performed during the hours of operation specified in CA. 1.1, shall be considered integral to the required ATC services and shall not be cause for future contract price adjustments. PAGE 5 DTFA 11-97-R-00107 C.4.2 Notification of Termination of ATC Service When it is known at least 24 hours in advance that ATC services will be terminated, either temporarily or permanently, the contractor shall notify the Contracting Officer's Technical Representative (COTR). The contractor shall coordinate with the contact FAA facility as soon as practicable when the COTR cannot be reached or when circumstances preclude such advance notification: e.g., emergencies, physical or equipment problems, etc. C.4.3 Controller Qualification Controller and supervisory control personnel employed by the contractor for the purpose of performing this contract shall meet qualifications stipulated in Federal Aviation Regulations, Part 65, Subpart B (excluding paragraph 65.46). C.4.4 Non -ATC Duties The contractor shall not impose non -ATC duties during the hours of operation under this contract that will in any way impede FCT controllers from providing ATC services. Non -ATC workload factors shall not in any way influence the dollar value of the subject contract between FAA and the contractor. C.4.5 Operational Data The contractor shall comply with the provisions of appropriate FAA directives in Appendix 1 concerning documentation of operational data and maintenance of records, such as daily/monthly traffic count data and operational position sign-on/off information. Additionally, the contractor shall permit FAA access to this data upon request. C.4.6 Directives and Charts The contractor is authorized to enter into letters of agreement (LOA), letters of procedure, etc., with FAA facilities and/or National Airspace System (NAS) users in accordance with FAA directives in Appendix 1. The contractor shall develop and maintain a current operational contingency plan. Facility charts and diagrams shall be kept current and legible. C.4.7 Facility Training Program The contractor shall establish, document, and implement a facility training program for operational controllers. The training program shall be administered in a uniform and- standardized manner, reviewed and updated at least annually, and is subject to FAA evaluations in accordance with FAA Order 7010.1. C.4.7.1 The facility training program shall incorporate the following elements: - Federal Aviation Regulations, Part 91, General Operating and Flight Rules; and Part 93, Special Air Traffic Rules and Airport Traffic Patterns - FAA Order 7220. 1, Certification and Rating Procedures Handbook - FAA Order 3120.4, Air Traffic Control Training, including refresher, proficiency, and remedial training. The program shall include: FAA National Air Traffic Training Program Terminal Proficiency/Refresher Units, such as operations, runway incursion avoidance, arrival and departure separation; all required briefing items of national and regional concern (including GENOT, RENOT, SIGMET, etc.); Terminal Instructional Program Guide and other required FCT items as determined by regional Air Traffic division personnel. PAGE 6 DTFA I 1-97-R-00107 C.4.7.2 The contractor shall maintain an FAA Form 3120-1, Training and Proficiency Record, for all operational controllers. C.4.7.3 On-the-job instruction shall be conducted by facility rated contract personnel. The contractor shall schedule facility rating certifications, control tower operator (CTO) testing and certification, and National Weather Service (NWS) testing and certification with the contact FAA facility (see C.5.3, below). C.4.7.4 The contractor shall provide training for contractor -furnished equipment. After the initial phase-in, the contractor shall provide new contract personnel with training on Government -furnished equipment (GFE). C.4.7.5 Contract personnel are not authorized to participate in the FAA familiarization travel program. C.4.8 Quality Assurance Program FAA Office of Air Traffic Evaluations is charged with evaluating the air traffic operational and administrative functions at all levels within FAA, including contract towers. FAA Order 7010.1 contains a dynamic checklist utilized for evaluating FCT's which is modified as changes are made to national directives and/or policies. The contractor shall establish and maintain a quality assurance program, in accordance with FAA Orders 7210.3 and 7010.1, which is subject to these evaluations. This program shall include provisions for internal full -facility evaluations and for written responses regarding corrective actions for any problems identified and/or remaining open as a result of an FAA full -facility, follow-up, or in-flight evaluation. C.4.9 Accident/Incident Reporting The contractor shall report accidents/incidents and collect applicable data in accordance with FAA Order 8020.11, Aircraft Accident and Incident Notification, Investigation, and Reporting. CA. 10 Antidrug Program The contractor shall establish and maintain a drug free workplace and drug testing program in accordance with FAA "Antidrug Program for Personnel Engaged in Specified Aviation Activities" in 14 CFR, Part 121, Appendix I, and all amendments thereto. C.4.11 Alcohol Misuse Prevention Program The contractor shall establish and maintain a program in accordance with FAA "Alcohol Misuse Prevention Program" published in CFR, Part 121, Appendix J, and all amendments thereto. C.4.12 Provision of Information The contractor shall provide information in response to requests from FAA, such as data for aeronautical studies, operational statistics, etc. C.4.13 Reports C.4.13.1 The contractor shall submit biannual reports to the Regional Air Traffic Division. The report shall include a current list of documents of the type specified in C.4.13.2, below; site-specific activities conducted during the previous 6 -month period (excluding weather reporting); and staffing figures by category, i.e., supervisory or non - supervisory, full or part time, non -facility rated, etc. PAGE 7 DTFA11-97-R-00107 C.4.13.2 The contractor shall ensure that the Regional Air Traffic Division has a current copy of any internal directives regarding the provision of ATC services and any external documents to which the FCT is a signatory, such as LOA'S, contingency plans, etc. C.4.13.3 The contractor shall forward a copy of each internal evaluation done and all written responses regarding corrective actions for any problems identified and/or remaining open as a result of an FAA full -facility, follow-up, or in-flight evaluation to the Regional Air Traffic Division. C.4.13.4 The contractor shall ensure that reports on the Drug Testing Program are submitted in accordance with procedures specified in Appendix 3. C.4.13.5 In accordance with procedures set forth in FAA Order 7210.3, as amended, the Contractor shall maintain an accurate monthly summary of aircraft operations handled by the ATCT, reported by type of operation and category of aircraft. Forward the original and one copy of each summary (FAA Form 7230-1) to the FAA by the 5th day of the succeeding month to the following address: Federal Aviation Administration Northwest Mountain Region Air Traffic Division Administration Branch, ANM-540 1601 Lind Avenue SW Renton, Washington 98055-4056 C.4.14 Phase-out Plan The contractor shall establish a phase-out plan, including time requirements, for use during any subsequent transition to another contractor. C.4.15 Maintenance The contractor shall be responsible for janitorial services and for maintenance of contractor -furnished equipment and supplies. C.5.0 FAA RESPONSIBILITIES C.5.1 Contact FAA Facile FAA shall furnish the contractor with the identity of the contact FAA facility(ies) on or prior to the startup date of the contract, and shall keep the contractor apprised of changes thereto. The contact FAA facility will ensure pertinent operational information is exchanged with the contractor. C.5.2 Operational Forms Publications and Chart FAA shall provide operational forms required by the documents, directives, and regulations in Appendix 1, such as FAA Form 7230-4, Daily Record of Facility Operations. FAA shall provide current operational publications and charts, such as Terminal Area Charts, sectionals, etc. C.5.3 Testing Certification and Training FAA shall perform facility rating certifications; CTO testing, certification, and periodic evaluations; and NWS testing and certification for FCT operational personnel. When required, FAA will provide training for new, different, or modified GFE. PAGE 8 •DTFAI 1-97-R-00107 rr C.5.4 Document Review/Approval Authority During the term of the contract, FAA reserves the right to review:'approve contractor -initiated changes to the contractor's operational directives, contingency plan, facility training program, quality assurance program, phase-out plan, antidrug program, and alcohol misuse prevention program. C.5.5 Operating Hours The Government reserves the right to adjust operating hours. If this is done, any price increase or decrease as a result of this change will be mutually agreed upon based on prices submitted in the Technical Proposal. The FCT Program Office is responsible for review of requests to change operating hours submitted by the contractor. Only the Contracting Officer may effect contract changes or modifications, per Federal Acquisition Regulations. C.5.6 Evaluations FAA will conduct full -facility, follow-up, and in-flight evaluations in accordance with FAA Order 7010.1. C.5.7 Maintenance FAA shall provide routine and corrective maintenance for all GFE and retains the right to modify existing equipment and/or install new or different GFE in accordance with FAA standards. C.6.0 EQUIPMENT C.6.1 Government Furnished Equipment (GFE) The Government will provide and maintain all meteorological equipment required for the aviation weather reporting program. The Government reserves the right to install modifications on any equipment it owns after informing the contractor of intent. The contractor shall not modify Government provided equipment. The contractor may be required by the Government to install modifications in accordance with the Changes Clause. C.6.1.1 The contractor shall be responsible for initiating trouble calls to the contact FAA facility when troubles occur with GFE, and shall provide necessary coordination and assistance to FAA to accomplish routine and corrective GFE maintenance during normal hours of operation. The contractor shall not modify GFE. C.6.2 Contractor Furnished Equipment C.6.2.1 The contractor shall provide and maintain a minimum of one commercial, public access telephone line. Minimum ancillary equipment, telephone equipment/service, and building and other maintenance requirements are specified in Appendixes 3, 4, and 5. C.6.2.2 The contractor shall furnish administrative supplies, such as paper, writing implements, etc. C.6.2.3 The contractor shall check, change, and handle the operational voice recorder tapes in accordance with the provisions in FAA Order 7210.3. C.7.0 ENFORCEMENT ACTIONS C.7.1 Failure to comply with any of the standard procedures, requirements, or guidelines in this statement of work will subject the contractor to the enforcement remedies identified in the documents, directives, and regulations listed in Appendix 1. PAGE 9 DTFA91-97-R-00107 C.7.2 The contractor will be immediately notified, upon inspection and/or evaluation by FAA, if the FCT is found to be operating in a manner which does not ensure the safe, orderly, and expeditious movement of air traffic in the Class D airspace under its jurisdiction. The contractor shall take immediate action to correct any condition which has an adverse effect on the provision of ATC services. FAA reserves the right and authority under the provisions of clause 3.10.6-4, "Default", to terminate all or part of the contract for default if the contractor fails to take immediate corrective action that is satisfactory to FAA. PAGE 10 'D TFAI 1-97-R-00 107 APPENDIX 1. OPERATIONAL DOCUMENTS DIRECTIVES, and REGULATIONS The following documents, directives and regulations are applicable, in whole or part: - Federal Aviation Regulations, Parts 01, 65 (excluding Subpart B, paragraph 65.46), 67, 91, and 93 (14 CFR Parts O1, 65, 67, 9l and 93; 49 CFR 830.2; and 49 CFR Part40) - Airman's Information Manual (AIM) - FAA Order 1350.15, Records Organization Transfer. and Destruction Standards - FAA Order 1600.6, Physical Security Management Program (PSMP) for FAA Facilities - FAA Order 3120.4, Air Traffic Control Training - FAA Order 5200.6, Guidelines for the National Plan on Bird Hazard Detection and Control - FAA Order 7010. 1, Air Traffic Evaluation Procedures - FAA Order 7110.65, Air Traffic Control - FAA Order 7210.54, FAA Contract Tower (FCT) Operation and Administration - FAA Order 7210.3, FacilityOperation and Administration - FAA Order 7220. 1, Certification and Rating Procedures - FAA Order 7232.5, Reduced or Increased O erating Hours for Airport Traffic Control Towers/Approach Control Facilities - FAA Order 7340. 1, Contractions - FAA Order 7350.6, Location Identifiers - FAA Order 7400.2, Procedures for Handling Airspace Matters - FAA Order 7610.4, Special Military Operations - FAA Order 7900.5, Surface Weather Observing - FAA Order 7930.2, Notices to Airmen - FAA Order 8020.11, Aircraft Accident and Incident Notification Investigation. and Reporting - FAA National Air Traffic Training Program, Terminal Proficiency and Refresher Units PAGE 11 ' DTFA 11-97-R-00107 APPENDIX 2. OTHER SITE-SPECIFIC INFORMATION Other Contractor Services Maintain a National Weather Service (NWS) certified Limited Aviation Weather Reporting Station (LAWRS). Provide AWOS augmentation and backup weather observations (day/night) in accordance with FAA Order 7900.5. In the event of AWOS communications failure, all observations shall be forwarded by landline to the Denver, Colorado Automated Flight Service Station. Ensure that contract controllers who will perform aviation weather observations have completed required training and testing prior to starting ATCT area rating training and certification. The contractor shall be responsible for operating the weather observational equipment, changing charts on recording instruments, adding ink, time checking charts, taking comparative barometer readings, and performing any other routine procedures and maintenance required to keep the equipment in good operating condition. The contractor shall report all equipment outages or suspected malfunctions to the FAA for corrective action. The contractor shall also keep a log of all equipment failures and corrective actions taken. PAGE 12 DTFA'I 1-97-R-00107 APPENDIX 3 MINIMUM ANCILLARY EQUIPMENT Except where operational equipment is owned and maintained by the Government, the Contractor shall provide (as a minimum) and maintain operational equipment as follows: - Voice recorder with a minimum of three (3) channels - Telephone equipment to interface with existing telephone service for uninterrupted ATC Communications between control tower and FAA facility utilizing loudspeaker with talk back amplifier and multi -line telephones. Suggested: two button 2 wire/4 wire phone, loudspeaker and 3 talkback amps - Altimeter setting indicator - Clock - Radio frequency selector - A minimum of 2 VHF transmitter/receiver capability, Wolfsburg Model 100 or equivalent - 1 UHF transmitter/receiver if applicable - Backup battery powered VHF transceiver - 1 backup UHF transceiver if applicable - Light gun with battery backup - One (1) pair binoculars - Space for airport and approach light controls Site-specific equipment requirements may be necessary. The Contractor shall submit all operational equipment modification requests thirty (30) days prior to the planned change, to the COTR for review and approval. PAGE 13 DTFA'1 1-97-R-00 107 r . � t APPENDIX 4 TELEPHONE EQUIPMENT/SERVICE The Contractor shall provide all necessary commercial telephone equipment and services other than FAA -leased telephone equipment and services. The FAA will cause to be terminated at the facility demarcation point, all operational communication and data transfer lines. The Contractor shall provide adequate telecommunication service to the operational positions in non - FAA owned facilities, which is compatible with FAA communication equipment in the facility demarcation point. The Contractor shall provide during hours of operation necessary coordination and assistance to accomplish routine and corrective maintenance of FAA owned/leased communication lines. The Contractor will also be responsible for initiating trouble calls to the appropriate telephone company when troubles occur on FAA owned/leased lines terminating in the facility. PAGE 14 DTFA 11-97-R-00107 APPENDIX 5 BUILDING AND OTHER MAINTENANCE a. The Contractor shall be responsible for the building and other maintenance, unless required elsewhere in this Statement of Work. Building maintenance, landscaping maintenance, etc., shall not be part of this contract. b. The Contractor shall be responsible for maintaining and paying for all utilities, except for those otherwise stated in the Statement of Work. Utilities shall not be part of this contract. Utilities include, but are not limited to: telephone, electricity, water, and sewer. C. The ATC structure, whether mobile or fixed, shall be in accordance with FAR Part 77, Objects Affecting Navigable Airspace. d. The ATC structure shall have adequate electrical distribution, heating and ventilation features, and be of sound construction, so as to support all functions and requirements in this Statement of Work. e. The cab is the primary operating space in the ATC structure. The cab must be elevated above ground level and physically oriented relative to the primary runways, so the controller has an unobstructed view of the airport aircraft primary movement areas (taxiways and runways). f. The cab glass design and installation shall provide maximum visibility for the controller. The windows shall be clear float glass nonpolarized, nontinted, and free of distortion such as warp or waves. g. All life safety requirements shall comply with applicable Occupational Safety and Health code requirements h. Fire resistive construction and number, location, and height of lightning rods, as applicable, shall be as required by the National Fire Protection Association. PAGE 15 DTFA 11-97-R-00107 r INSPECTION AND ACCEPTANCE This screening information request (SIR) or contract, as applicable, incorporates by reference one or more provisions or clauses with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet from the Federal Aviation Administration (FAA) home page (http://www.faa.gov). (End of Clause) 3.10.4-4 INSPECTION OF SERVICES -- FIXED PRICE (APR 1996) 3.10.1-8 SUSPENSION OF WORK (APR 1996) 3.4.1-10 INSURANCE --WORK ON FEDERAL AVIATION ADMINISTRATION INSTALLATION (APR 1996) The Contractor must submit a quality control plan to the COTR for approval within five days of notice of award. At minimum, this plan must must address each of the following points: 1. A copy of the letter appointing the Contract Quality Control Representative (CQCR), signed by an officer of the company, outlining the CQCR duties, responsibilities, and authority. 2. The quality control organization in chart form showing the relationship of the quality control organization to other elements of the company. 3. The names and responsibilities of personnel in the quality control organization involved in this project. 4. The area of responsibility and authority of each individual in the quality control organization. 5. Contractor's procedures for reviewing performance for contract compliance. 6. An inspection schedule, with a matrix keyed to each specific task, showing who will perform the work, who will inspect the work, and when inspection will be performed. The schedule must specify areas to be inspected on either a scheduled or unscheduled basis and titles of the individuals who shall do the inspection. 7. The procedures for documenting quality control operations, inspection and testing, with a copy of all forms and reports to be used for this purpose. The contractor shall include a submittal status log listing all submittals required by the specifications and stating the action required by the contractor or the FAA. 8. A method for identifying and convecting deficiencies and their causes in the quality of services performed before the level of performance in unacceptable. 9. A file of all inspections conducted by the contractor and the corrective action taken. This documentation shall be made available to the COTR upon request during the term of this contract. PAGE 16 DTFA I 1-97-R-00107 CONTRACT ADMINISTRATION DATA CONTACT FOR CONTRACT ADMINISTRATION Offerors are required to designate the person to be contacted for prompt contract administration matters: NAME: TITLE: ADDRESS: CITY/STATE/ZIP: TELEPHONE: FAX: CORRESPONDENCE PROCEDURES To promote timely and effective contract administration, correspondence shall be subject to the following procedures: (1) Technical correspondence of a routine nature shall be addressed to the COTR (to be designated by letter at time of award), with an information copy of the correspondence to the Contract Administrator. (2) Technical correspondence of a contractual nature, including such items as waivers, deviations, or modifications to the contract requirements, terms, or conditions, shall be addressed to the Contracting Officer with an information copy of the correspondence to the Contract Administrator. (3) Invoices shall be addressed to the COTR, who will certify the invoice as accurate and complete and forward the original invoice to the Contract Administrator, who prepares the documents necessary for the Contracting Officer to authorize payment. PAGE 17 DTFA•11-97-R-00107 l SPECIAL CONTRACT PROVISIONS SAFETY FAA operations in certain areas within the Air Traffic Control Tower (ATCT) are directed towards the control and separation of air traffic and directly affect national security. The importance of these operations cannot be over stressed. Interference of any kind by the contractor, his/her employees, or equipment, will not be tolerated. The inadvertent flipping of a switch or turning of a dial could be disastrous in loss of man-hours, property, and potentially human life. It is of the utmost importance that the noise level in these areas, particularly the control area, be kept to a minimum. The Contractor shall not plug any of his/her power -driven equipment into any electrical outlet on the FAA equipment or racks. The Contractor employees shall cooperate with the FAA employees in working out the best and safest methods for contract performance in FAA equipment areas. IFICATION OF CONTROLLER This clause shall apply if the air traffic controllers to be employed under this contract have not been certified to perform at the premises under a contract existing immediately prior to the contract period of this contract. During a period not to exceed 30 days after contract startup, one or more representatives of the FAA will be available at the premises to certify those air traffic controllers who qualify to perform under this contract, as described in the SOW. If a full complement of air traffic controllers has not qualified for certification within the first 30 days of the contract period, the contract may be terminated for default. TRACTING AUTHORITY (APRIL 19 The provisions governing this program are Section 306 of the Airport and Airway Safety and Capacity Expansion Act of 1987, Pub. L. No. 100-223, Section 306, 101 Stat. 1486, 1526. The contract authority for this contract is Sections 303(a) and 307(b) of the Federal Aviation Act of 1958 (49 U.S.C. app. 1344 and 1348) and Section 526 of the Airport and Airway Improvement Act of 1982 (Public Law 97-248, 49 U.S.C. app. 2222). INSTALLATION OF EQUIPMENT WHEN BUILDINGS OR STRUCTURES ARE OWNED BY THE CONTRACTOR The Government shall have the right and privilege to install, operate, and maintain antennas, antenna wires, and appurtenances on the roof of the contractor's air traffic control tower and such other necessary buildings or structures at other locations where deemed necessary on airport property, together with the right to operate and maintain such cables and wiring, where needed, to perform the necessary linking of facilities. The Government shall have the right to install, operate, and maintain such cables, conduits, and wiring as necessary to link and connect its communication, navigation, and electronic facilities to its emergency standby power to be used in the event primary source of commercial power fails to any of its facilities located in airport property. The contractor agrees and covenants that the air navigation, electronic, or communication equipment installed by the Government on the contractor's premises shall be and remain personal property of the Government and shall not become a fixture or accession of the realty, and may be removed by the Government at any time within ninety (90) days after termination of this contract. (End of clause) LICENSES AND PERMITS The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations, in connection with the prosecution of the work. PAGE 18 DTFA 11-97-R-00107 f ( t OTHER CONTRACTOR AND SUBCONTRACTOR DUTIE If the services will be subcontracted, the contractor shall not impose other duties on any subcontractor unless provided for under a separate contract. REPORT TO WORK Given the essential nature of the contractor's responsibilities, the contractor is expected to make a reasonable effort to continue the contract work during hazardous geological/weather conditions. The contractor shall ensure that contract employees are cognizant of this responsibility. When the contractor determines that geological/weather conditions are such that reduced staffing or closing of the facility is warranted, notification shall be accomplished in accordance with the SOW. RIGHT OF FIRST REFUSAL FOR FAA CONTROLLERS The contractor shall offer right of first refusal to FAA controllers who desire to remain at their current sites and accept employment with the contractor. This shall include FAA controllers who retire as a result of Congressional buyout legislation. PRIORITY CONSIDERATION The contractor shall give priority consideration for employment to former FAA controllers that are known to the contractor. SAVE HARMLESS AND INDEMNIFICATION The Government shall not be responsible for, and the contractor shall hold harmless and indemnify the Government, its officers, employees, and agents from, any and all liability, claims, demands, suits, and costs for the loss of or damage to any property and death of or injury to any person, which loss, damage, death or injury arises from or is incident to the performance of this contract, including but not limited to the loss or damage to the property of, and the death of or injury to, the following: 1. The contractor; 2. The contractor's officers, agents, employees, contractors, suppliers and invitees; 3. The officers, agents, employees, and invitees of any contractor or supplier of the contractor; and 4. Third persons, including but not limited to aircraft owners, operators, and passengers provided, however, that the provisions of this clause do not apply to the extent that the loss, damage, death, or injury is caused directly and exclusively by a defect or malfunction in Government property used in performance of this contract and the contractor has not failed to comply with any and all obligations on its part to maintain said property as may be required by this or any other contract. SAVE HARMLESS AND INDEMNIFICATION CERTIFICATION The contractor must have the authority to comply with the "Save Harmless and Indemnification" clause and to hold the Government harmless in the amount of at least $1 million. Proof of coverage beginning on the day of contract award must be submitted with the Contractor's technical proposal. All insurance required to back up the save harmless obligation shall cover either: 1. Solely the Government's liability, with all insurance proceeds payable solely to the Government; or PAGE 19 . DTFA•1 1-97-R-00 107 2. Both the liability of the Government and that of the contractor or subcontractor. 3. In the latter case, the Government shall be an additional named insured on the insurance policy. Where the required insurance covers a contractor's or subcontractor's operations at more than one location, the $1 million coverage shall apply to each location. Each such insurance policy shall not have any deductibles totalling more than $50,000. Before contract extension, the contractor shall provide the contracting officer with a copy of the policy or certificate of insurance for any required insurance. Any guarantee shall be reflected by appropriate legal documentation, supported by a written legal opinion of the guarantor's principal legal officer, and shall be provided before contract renewal. SERVICE CONTRACT ACT REQUIREMENTS AS TO VACATION PAY (JANUARY 1985), Employee credit for service with a Predecessor Contractor This paragraph applies if the contract wage determination contains a provision referring to a "successor" contractor, e.g., "1 week paid vacation after I year of service with a contractor or successor." "Successor" as used in such provisions means the contractor on this contract when the contractor employs, without a break in service, a service employee formerly employed by the immediately preceding contractor under a similar Government contract at the same location ("predecessor contractor"). Consequently, if the contractor employs without a break in service, any service employee who was employed by it's predecessor contractor for similar work at the same location, the contractor in computing the employee's "year of service" shall include all continuous service for the predecessor contractor subsequent to the later of the following dates: (1) the date of employment by the predecessor contractor; or (2) if, while employed by the predecessor contractor, the employee had an anniversary date or dates on which the employee became entitled to vacation benefits, the most recent of such employee's full vacation benefit on such anniversary date even though during part of the "year of service" the employee had been employed by the predecessor contractor. When Predecessor Contractor Not Involved This paragraph applies if the contract wage determination does not refer to a "successor" contractor, but contains a provision such as "1 week paid vacation after 1 year of service with an employer." The term "an employer" in such provision means the contractor on this contract. The contractor in computing a service employee's "year of service" shall include all continuous service performed by the employee subsequent to the later of the following dates: (1) the date of employment by the contractor, or (2) the employee's most recent anniversary date for which paid vacation was granted. 17MIMUT .. If the contract wage determination contains either type of provision quoted in paragraph H.2.1 or H.2.2, above, part- time service employees working a regularly scheduled work week shall receive a paid vacation on a pro -rata basis. For example, an employee who has worked for the contractor two days per week for a year (or, without a break in service, the contractor and a predecessor contractor where the wage determination contains language like that quoted in H.2.1, above, shall be entitled to two days paid vacation or two-fifths of the vacation benefits to which full-time employees are entitled. Break In Service For purposes of this provision, the term "break in service" does not include an employee's change in employment status from an employee of a predecessor contractor to an employee of a contractor. (End of clause) PAGE 20 DTFA11-97-R-00107 r l UNRESTRICTED ACCESS The contractor grants unto the Government the right of unrestricted ingress and egress to the work site at all times during the term of this contract for the purpose of allowing the Government's electronic and communications technicians to install, operate, maintain, and inspect the Government's equipment located within, outside, and on the roof of the premises. WAGE RATE DETERMINATION a. Any and all wage determinations that are applicable to air traffic controller services, and is attached and made a part hereof shall be adhered -to by the Contractor and/or Subcontractor(s); however, this provision shall not relieve the contractor or any subcontractor of any obligation under any State minimum wage law which may require the payment of a higher wage. When, as result of an increased or decreased wage determination applied to the categories of labor under this contract by operation of law or an amendment to the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et sea•), enacted subsequent to award of this contract or subsequent to the exercise of an option to extend this contract, affecting the minimum wage, which becomes applicable to this contract under law, the Contractor increases or decreases wages or fringe benefits of employees working on this contract to comply therewith the contract price or contract unit price labor rates will be adjusted to reflect such increases or decreases. Any such adjustment will be limited to increases or decreases in wages or fringe benefits as described above. and the concomitant increases or decreases in social securi1y and unemployment taxes and workmen's compensation insurance but shall not otherwise include any amount for eeneral and administrative costs overhead or profits C. The Contractor shall notify the Contracting Officer of any increases claimed under the clause within thirty (30) days after the effective date of the wage change, unless this period is extended by the Contracting Officer in writing. In the case of any decrease under this clause, the Contractor shall promptly notify the Contracting Officer of such decrease but nothing herein shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and any other relevant data in support thereof, which may reasonably be required by the Contracting Officer. Upon agreement of the parties, the contract price or contract unit labor rates shall be modified in writing. Pending agreement on or definitization of, any such adjustment and its effective date, the Contractor shall continue performance. REOPENER CLAUSE IN THE EVENT OF PASSAGE OF FEDERALLY IMA NDATED HEALTHCARE REFORM ACT The Government recognizes that, since this solicitation requires the offerors to submit Firm Fixed Prices for a five (5) year period, and that certain Congressional action may affect the requirements or cost of requirements for fringe benefits included in the pricing submitted by the offerors, this contract may be modified. Certain fringe benefits are required to be provided and these include health care. In the event that the Congress passes and the President signs a Federal Health Care Act, and this ACT causes the cost to the Contractor to increase more than ten (10) percent over the cost included in their pricing of this contract, the Government will allow the Contractor to request a modification of the contract pricing for the affected time period. When the Law is enacted and is applicable to this contract under the law, and the Contractor is required to comply therewith, the contract price or contract unit price labor rates will be adjusted to reflect such increase. Any such adjustment will be limited to increases in health care costs only as described above and the concomitant increase in workmen's compensation insurance but shall not otherwise include any amount for general and administrative costs overhead or profits PAGE 21 DTFA 11-97-R-00 107 r The Contractor shall notify the Contracting Officer of any increases claimed under the clause within thirty (30) days after the effective date of the increase in health care costs. unless this period is extended by the Contracting Officer in writing. Upon agreement of the parties, the contract price or contract unit labor rates shall be modified in writing. Pending agreement on or definitization of, any such adjustment and its effective date, the Contractor shall continue performance. SECURITY The contractor shall provide suitable personnel for the performance of the services required by this contract and shall require any subcontractor to provide suitable personnel. "Suitable personnel" are determined through a National Agency Check or a National Agency Check and Inquiries. The Contractor shall have each employee complete and forward to the Government Standard Form 85P, "Questionnaire for Public Trust Positions", and fingerprint card FD -258. Background investigations are not required for FAA controllers immediately transferring to the Contractor's workforce and remaining at their present work sites pursuant to Clause , "RIGHT OF FIRST REFUSAL". The Contractor may obtain forms SF -85P and FD -258 from the Contracting Officer'sTechnical Representative. Fingerprinting must be performed in compliance with the standards prescribed on FD -258. The Government reserves the right to disqualify any of the Contractor's personnel based upon the results of the background investigation. The Contracting Officer may require dismissal from work of those employees which he/she deems incompetent, careless, insubordinate, unsuitable or otherwise objectionable, or whose continued employment he/she deems contrary to the public interest or inconsistent with the best interest of national security. The Contractor shall fill out and cause each of its employees on the contract work to fill out, for submission to the FAA such forms as may be necessary for security or other reasons. The Government reserves the right to require that contract personnel are U.S. citizens. From time to time under the contract, the Government may provide the contractor with certain sensitive information concerning the interdiction of stolen aircraft or aircraft suspected of being involved in drug trafficking. The contractor shall not disclose, and shall prohibit any subcontractor from disclosing, such information other than to those personnel who need the information to assist in the interdiction of the aircraft. The contractor shall take appropriate measures (and shall require any subcontractor to take such measures) to ensure that this information is not disclosed to other persons. The contractor shall maintain a list of its personnel, and those of any subcontractor, to whom such sensitive information is disclosed and shall make such lists available to the contracting officer upon request. The contractor shall promptly report to the contracting officer any known incidents of illegal drug use or dealing, alcohol abuse, felonious conduct or improper use or distribution of Government -provided sensitive information by personnel of the contractor or of any subcontractor under this contract. The Government may, at any time or times, conduct a security investigation of contractor or subcontractor personnel providing services under the contract. When notified of such an investigation by the contracting officer, the contractor and its subcontractor(s) shall provide necessary information to the Government on security forms furnished by the contracting officer. If directed in writing to do so by the contracting officer, the contractor shall promptly remove from the performance of services under the contract any of its employees whom the Government finds are other than suitable personnel and require its subcontractor(s) to remove from performance of services under the contract any employees of such subcontractor(s whom the Government finds are other than suitable personnel. PAGE 22 DTFA 11-97-R-00107 C The contractor shall provide such physical security at the facility where the contract services are provided as is necessary to preclude unauthorized access, intrusion, and loss of or damage to Government property, operations capability or reduction of required service. Contract tower operators and employees shall also comply with local airport authority security requirements and meet physical security standards and protective measures as prescribed by FAA Order 1600.6C, Physical Security Management Program (PSMP) for FAA facilities, along with the following specific requirements: 1. Maintain an access control roster of designated personnel assigned to the tower. 2. Maintain positive control of the tower cab. 3. Escort all visitors. 4. Limit visitor access to normal daylight operational hours. 5. Maintain a visitor log. 6. Restrict tower access during hours of darkness to employees, airport authorities, and Federal, State, and local government personnel on official business. 7. Secure the facility by locking all entry and exit points when unattended. 8. Maintain key control and accountability. 9. Maintain an up-to-date inventory of all GFE for review during security inspections. All contract tower physical security safeguards, operating procedures, access, and visitor control shall be subject to security inspection by FAA Special Agents. Written notification of such inspections shall be coordinated by the responsible Servicing Security Element (SSE). However, unannounced inspections may be conducted at the discretion of the SSE when determined to be in the best interest of the FAA and national security. Presentation of official FAA Special Agent credentials shall be considered authority for entry, agent identification, and authorization to conduct inspections under the provisions of this contract, FAA orders, or in the interest of national security. Security deficiencies noted during inspections shall be corrected by the contractor within 45 days of an inspection. Corrective actions shall be submitted in writing to the SSE when completed. Contractors and their employees requiring access to classified information must have a valid security clearance granted by the Defense Investigative Service and meet all security requirements specified by the Defense Industrial Security Program as outlined in the Department of Defense Industrial Security Manual DoD 5200.22M. FAA SUPPLEMENTAL STAFFING FOR SPECIAL EVENTS The Government reserves the right to assign FAA controllers for supplemental staffing at FCT locations whenever the FAA determines that such staffing is needed for special events. The COTR will coordinate with the Contractor in advance to provide details such as number of controllers assigned, assignment dates, and supervisory responsibilities The FAA will ensure that FAA personnel are onsite for the duration of the event to act as a focal point and provide leadership. When present, FAA personnel assume supervisory ATC responsibilities for contractor control personnel. At no time will contractor personnel be responsible for supervision of FAA personnel. The FAA retains liability for the actions of all FAA personnel during the event; the contractor retains liability for the actions of contractor personnel. PAGE 23 DTFA 11-97-R-00107 CONTRACT CLAUSES This screening information request (SIR) or contract, as applicable, incorporates by reference one or more provisions or clauses with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available, or offerors and contractors may obtain the full text via Internet from the Federal Aviation Administration (FAA) home page (http://www.faa.gov). (End of Clause) 3.2.2.3-33 ORDER OF PRECEDENCE (APRIL 1996) 3.2.2.7-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (APRIL 1996) 3.2.5-1 OFFICIALS NOT TO BENEFIT (APRIL 1996) 3.2.5-3 GRATUITIES OR GIFTS (APRIL 1996) 3.2.5-5 ANTI -KICKBACK PROCEDURES (APRIL 1996) 3.2.5-7 DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCTOBER 3, 1996) 3.2.5-8 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES (APRIL 1996) 3.2.5-11 DRUG FREE WORKPLACE (APRIL 1996) 3.3.1-1 PAYMENTS (APRIL 1996) 3.3.1-6 DISCOUNTS FOR PROMPT PAYMENT (APRIL 1996) 3.3.1-8 EXTRAS (APRIL 1996) 3.3.1-9 INTEREST (APRIL 1996) 3.3.1-10 AVAILABILITY OF FUNDS (APRIL 1996) 3.3.1-17 PROMPT PAYMENT (OCTOBER 3, 1996) 3.3.1-20 ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (APRIL 1996) 3.4.1-10 INSURANCE - WORK ON FEDERAL AVIATION ADMINISTRATION INSTALLATION (JULY 1996) 3.4.2-6 TAXES --CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO (OCTOBER 3, 1996) 3.4.2-8 FEDERAL, STATE, AND LOCAL TAXES --FIXED PRICE CONTRACT (APRIL 1996) 3.5-1 AUTHORIZATION AND CONSENT (APRIL 1996) 3.6.1-7 LIMITATIONS ON SUBCONTRACTING (APRIL 1996) 3.6.2-1 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -OVERTIME COMPENSATION (APRIL 1996) 3.6.2-2 CONVICT LABOR (APRIL 1996) 3.6.2-9 EQUAL OPPORTUNITY (APRIL 1996) PAGE 24 DTFA I 1-97-R-00107 f 3.6.2-12 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANCS (JULY 1996) 3.6.2-13 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APRIL 1996) 3.6.2-14 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APRIL 1996) 3.6.2-28 SERVICE CONTRACT ACT OF 1965. AS AMENDED (APRIL 1996) 3.6.2-30 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (APRIL 1996) 3.6.3-2 CLEAN AIR AND WATER (APRIL 1996) 3.6.3-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (APRIL 1996) 3.8.2-10 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APRIL 1996) 3.8.2-11 CONTINUITY OF SERVICES (APRIL 1996) 3.9.1-3 PROTEST (AUGUST 8, 1996) 3.10.1-7 BANKRUPTCY (APRIL 1996) 3.10.1-11 GOVERNMENT DELAY OF WORK (APRIL 1996) 3.10.1-12 CHANGES -- FIXED PRICE (APRIL 1996) 3.10.2-4 SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS (APRIL 1996) 3.10.2-5 COMPETITION IN SUBCONTRACTING (APRIL 1996) 3.10.6-1 TERMINATION FOR CONVENIENCE AT THE FAA (FIXED PRICE) (OCTOBER 3, 1996) 3.10.6-4 DEFAULT (FIXED PRICE SUPPLY AND SERVICE) (OCTOBER 3, 1996) 3.10.6-7 EXCUSABLE DELAYS (OCTOBER 3, 1996) 3.13-2 SECURITY REQUIREMENTS (APRIL 1996) 3.9.1-1 CONTRACT DISPUTES (APRIL 199) (a) All contract disputes arising under or related to this contract, shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a contractor has exhausted its administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. (b) Contract Dispute, as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A contract dispute arising under a contract, unlike a contract dispute relating to that contract, is a dispute that can be resolved under a contract clause that provides for the relief sought by the contracting party seeking relief. However, a voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a contract dispute. Such submission may be converted to a contract dispute by written notice, to the Contracting Officer (CO), that it is disputed either as to liability or amount. PAGE 25 .DTFA 11-97-R-00107 (c) A contract dispute shall be made in writing and signed by a duly authorized representative of the contractor or the government. At a minimum, a contract dispute shall include a statement of facts, adequate supporting data, and a request for relief. Unless otherwise stated in this contract, a contract dispute by the contractor against the government shall be submitted to the Contracting Officer within 1 year after the accrual of the contract dispute. (d) The Contracting Officer's decision concerning a contract dispute shall be binding on the parties, unless the contractor refers the matter to the FAA Office of Dispute Resolution. (e) If a contract dispute cannot be resolved at the Contracting Officer level, the matter may be referred, by either party, to the FAA Office of Dispute Resolution for final agency disposition. Such referrals must be in writing directed to the following address: OFFICE OF DISPUTE RESOLUTION OFFICE OF THE CHIEF OF COUNSEL, AGC -1 FEDERAL AVIATION ADMINISTRATION 800 INDEPENDENCE AVENUE, SW ROOM 900 EAST WASHINGTON, DC 20591 (f) The Office of Dispute Resolution will promulgate procedures and time limitations relevant to contract disputes, which will be described in a provision to be included in this contract or incorporated by reference herein. (g) When a contract dispute is filed with the FAA Office of Dispute Resolution, a Dispute Resolution Officer will be assigned to the matter. The Dispute Resolution Officer may use any form of alternative dispute resolution to settle a contract dispute, including, but not limited to, informal communication, mediation, fact-finding, and binding or nonbinding arbitration. Binding arbitration may be employed only if the contractor and the FAA agree to use this method to resolve the merits of the contract dispute. (h) If binding arbitration is agreed to, the decision of the Dispute Resolution Officer will become a final agency decision, unless the FAA Administrator indicates nonconcurrence with the decision, in writing, within 5 business days after the date that the decision is issued. If the FAA Administrator nonconcurs with the decision and issues a contrary determination, then that determination becomes the final agency decision concerning the merits of the contract dispute. (i) If the parties have not agreed to binding arbitration and are unable to reach an agreement on the merits of the contract dispute through alternative dispute resolution, then the Dispute Resolution Officer will issue a recommendation for the final disposition of the matter. The Dispute Resolution Officer will then provide the recommendation to the FAA Administrator, who will make a final agency decision concerning the merits of the contract dispute. 0) When the Dispute Resolution Officer determines that a contract dispute is frivolous or has no basis in fact or law, a summary decision may be issued as the Dispute Resolution Officer's recommendation to the FAA Administrator. The FAA Administrator will then issue a final agency decision concerning the merits of the contract dispute. (k) The FAA will require continued performance with respect to contract disputes arising under this contract, in accordance with the provisions of the contract, pending final decision on a contract dispute related to this contract. (1) The FAA will pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the contract dispute, or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on contract disputes shall be paid at the rate, fixed by the Secretary of the Treasury, which is applicable to the period during which the Contracting Officer receives the contract dispute and then at the rate applicable for each 6 -month period as fixed by the Treasury Secretary during the pending contract dispute. PAGE 26 DTFA11-97-R-00107 (m) To the extent that a final agency decision is subject to judicial review, such review will be pursuant to 49 U.S.C. 46110. If the parties have agreed to binding arbitration, the decision of the Dispute Resolution Officer (unless overruled by the FAA Administrator) will be final. A final agency decision which is the result of binding arbitration (not overruled by the Administrator) will not be subject to judicial review absent fraud, corruption, misconduct, or manifest disregard for the law. (End of clause) PROTEST AFTER AWARD (APRT (a) Upon receipt of a notice that a protest has been filed with the FAA Office of Dispute Resolution, or a determination that a protest is likely, the Administrator or his designee may instruct the Contracting Officer (CO) to direct the Contractor to stop performance of the work called for by this contract. The order to the Contractor shall be in writing, and shall be specifically identified as a stop -work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision or other resolution of the protest, the Contracting Officer shall either -- (1) Cancel the stop -work order; or (2) For other than cost -reimbursement contracts, terminate the work covered by the order as provided in the "Default" or the "Termination for Convenience of the Government" clause(s) of this contract; or (3) For cost -reimbursement contracts, terminate the work covered by the order as provided in the "Termination" clause of this contract. (b) If a stop -work order issued under this clause is canceled either before or after the final resolution of the protest, the Contractor shall resume work. The Contracting Officer shall make for other than cost -reimbursement contracts, an equitable adjustment in the delivery schedule or contract price, or both; and for cost -reimbursement contracts, an equitable adjustment in the delivery schedule, the estimated cost, the fee, or a combination thereof, and in any other terms of the contract that may be affected; and the contract shall be modified, in writing, accordingly, if -- (1) The stop -work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal submitted at any time before final payment under this contract. (c) If a stop -work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop -work order in arriving at the termination settlement. (d) If a stop -work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop -work order. (e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause. (End of clause) PAGE 27 DTFA41-97-R-00107 f l KEY PERSONNEL (a) The personnel as specified below are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel. (b) Prior to removing, replacing, or diverting any of the specified individuals, the Contractor shall notify, in writing, and receive consent from, the Contracting Officer reasonably well in advance of the action and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract. (c) No diversion shall be made by the Contractor without the written consent of the Contracting Officer. The Contracting Officer may ratify, in writing, the change and such ratification shall constitute the consent of the Contracting Officer required by this clause. (d) The Key Personnel under this contract: Site Supervisor Quality Control Representative ALIFICATION OF EMPL The Contracting Officer may require dismissal from work of those employees which he/she deems incompetent, careless, insubordinate, unsuitable or otherwise objectionable, or whose continued employment he/she deems contrary to the public interest or inconsistent with the best interest of the FAA. The Contractor shall fill out, and cause each of its employees on the contract work to fill out, for submission to the FAA, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor's employees shall be fingerprinted. Each employee of the Contractor shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I- 151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status. 4-34 OPTION TO EXTEND SERVICES (APRIL 1 The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule. (End of clause) 4-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (APRIL 1996 (a) The Government may extend the term of this contract by written notice to the Contractor within 10 days of contract expiration; provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 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 provision. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End of clause) PAGE 28 DTFA•11-97-R-00107 F L LIST OF ATTACHMENTS Service Contract Act Wage Determination No. 94-2084, Rev. 3, dtd. 05/07/96. Electronic Funds Transfer, SF 3881 PAGE 29 GISTER di OF WAG DETERMINATIONS UNDER SER CE CONTRACT ACT � O of the Secr of Labor i in L. Moss rector. . Division of Wage Determinations l Page 1 of 10 U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON, D.C. 20210 Wage Determination No.: 94-2084 Revision No.: 3 Date of Last Revision: 05/07/1996 S a e s Co ora o Lrea: COLnR�nn /1ATTLTTTT� _ _ _ CONEJOS"�"'�"'�ti► ARCHULETA, BACA, BENT, CHAFFEE, COSTILLA, CROWLEY, CUSTER, DELTA, DOLORES, EAGLE, FREMONT, GARFIELD, GUNNISON, HINSDALE, HUERFANO, KIOWA, LA PLATA, LAKE-, LAS ANIMAS, MESA, MINERAL, MOFFAT, MONTEZUMA, MONTROSE, OTERO, OURAY, PITKIN, PROWERS, PUEBLO, RIO BLANCO, RIO GRANDE, ROUTT, SAGUACHE, SAN JUAN, SAN MIGUEL. ** Fringe Benefits Required For All This Wage Determination Occupations Included In Follow The Occupational Listing ** CUPATION CODE AND TITLE IISTRATIVE SUPPORT AND CLERICAL: MINIMUM HOURLY RAGE L1 Accounting Clerk I L2 Accounting Clerk II $ 7.80 L3 Accounting Clerk III $ 8.87 _4 Accounting Clerk IV $ 9.16 10 Court Reporter $ 9.37 ,0 Dispatcher, Motor Vehicle 10 Document Preparation $ 11.00 $ Clerk 0 Duplicating Machine Operator 9.37 $ 7.80 0 Film/Tape Librarian $ 7.80 5 General Clerk I $ 8.78 6 General Clerk II $ 6.33 7 General Clerk III $ 7.05 8 General Clerk IV $ 8.58 0 Housing Referral Assistant 1 Key Entry Operator $ 9.16 $ 11.23 I 2 Key Entry Operator II $ 6.68 1 Order Clerk I $ 8.25 2 Order Clerk II $ 7.00 D Order Filler $ 7.80 L Personnel Assistant $ 10.05 (Employment) I $ 6.33 2 Personnel Assistant (Employment) II $ 7.05 Personnel Assistant (Employment) III $ 8.58 Personnel Assistant (Employment) IV $ 9.16 Production Control Clerk Rental Clerk $ 11.23 Scheduler, Maintenance $ 8.46 Secretary I $ 8.78 Secretary II $ 8.46 Secretary III $ 11.00 Secretary IV $ 11.23 Secretary V $ 12.48 Service Order Dispatcher $ 13.83 $ 8.46 E DETERMINATION NO.:94-2084 Zev. 3) ISSUE DATE:05/�..1996 Page 2 of 10 41 Stenographer I 12.67 Fiberglass 12 Stenographer II $ 9.82 )0 Supply Technician $ 10.32 ?0 Survey worker (Interviewer) $ 12.48 50 Switchboard Operator- $ 11.00 12.67 Receptionist $ 9.63 LO Test Examiner Motor Vehicle Mechanic Helper ?0 Test Proctor $ 11.00 11 Travel Clerk I $ 11.00 12 Travel Clerk II $ 7.13 13 Travel Clerk III $ 7.61 .1 Word Processor I $ 8.03 .2 Word Processor II $ 8.00 .3 Word Processor III $ 9.00 Baker $ 10.05 LATIC DATA PROCESSING: $ 11.83 0 Computer Data Librarian $ 10.09 1 Computer Operator I Food Service Worker $ $ 2 Computer Operator II $ 8.95 3 Computer -Operator III $ 10.09 4 Computer Operator IV $ 12.26 5 Computer Operator V $ 13.63 1 Computer Programmer I 1/ $ 15.09 2 Computer Programmer II 1/ $ 10.09 3 Computer Programmer III 1/ $ $ 12.48 15.26 4 Computer Programmer IV 1/ 1 Computer Systems Analyst I 1/ $ $ 18.46 15.26 2 Computer Systems Analyst II 1/ $ 18.46 3 0 Computer Systems Analyst III 1/ Peripheral Equipment Operator $ 22.13 $ 10.09 3TIVE SERVICE: > Automobile Body Repairer, $ 12.67 Fiberglass Automotive Glass Installer $ 11.62 Automotive Worker Electrician, Automotive $ 11.62 Mobile Equipment Servicer $ $ 12.67 10.55 1 Motor Equipment Metal Mechanic $ 12.67 Motor Equipment Metal Worker $ 11.62 Motor Vehicle Mechanic Motor Vehicle Mechanic Helper $ $ 12.67 9.92 Motor Vehicle Upholstery $ Worker. 11.62 Motor Vehicle Wrecker $ 11.62 Painter, Automotive Radiator Repair Specialist $ 12.29 Tire Repairer $ 11.62 Transmission Repair Specialist $ 10.55 $ 12.67 REPARATION AND SERVICE: Baker Cook I $ 11.83 Cook II $ 10.83 Dishwasher $ 11.83 Food Service Worker $ $ 8.31 8.31 (Cafeteria Worker) Meat Cutter $ 11.83 Waiter/Waitress $ 8.90 6ETERMINATION NO.:94-2084 .ev. 3) ISSUE DATE:05/0, X996 Page 3 of 10 :TURE MAINTENANCE AND REPAIR: .0 Electrostatic Spray Painter Audiovisual $ 12.46 :0 Furniture Handler '0 Furniture Refinisher $ 10.05 ►0 Furniture Refinisher Helper $ $ 12.46 10.05 .0 Furniture Repairer, Minor $ 10.69 �0 Upholsterer $ 10.46 Illustrator III $ 12.46 :AL SERVICES AND SUPPORT: 0 Cleaner, Vehicles $ 8.31 0 Elevator Operator $ 8.31 0 Gardener 1 Housekeeping Aide I $ 10.83 2 Housekeeping Aide II $ 8.31 0 Janitor $ 8.90 0 Laborer $ 8.31 0 Laborer, Grounds Maintenance $ $ 8.27 8.90 0 Maid or Houseman $ 7.70 0 Pest Controller 0 Refuse Collector $ 11.61 0 Tractor Operator $ 8.31 0 Window Cleaner $ 10.22 $ 8.90 H: 0 Ambulance Driver 0 Emergency Medical Technician $ $ 10.83 10.11 1 Licensed Practical Nurse I $ 7.61 2 Licensed Practical Nurse II $ 8.54 3 Licensed Practical Nurse III $ 9.55 0 Medical Assistant 0 Medical Laboratory Technician $ $ 8.54 8.54 0 Medical Record Clerk $ 8.54 0 Medical Record Technician $ 11.83 L Nursing Assistant I $ 6.20 2 Nursing Assistant II $ 6.97 3 Nursing Assistant III $ 7.61 Nursing Assistant IV $ 8.54 Pharmacy Technician $ 10.65 Phlebotomist L Registered Nurse I $ 8.54 Registered Nurse II $ 11.83 3 Registered Nurse II, $ $ 14.47 14.47 Specialist Registered Nurse III $ 17.51 i Registered Nurse III, $ 17.51 Anesthetist > Registered Nurse IV $ 20.77 LATION AND ARTS.- RTS: Audiovisual Librarian $ 12.96 Exhibits Specialist I Exhibits Specialist II $ 10.46 Exhibits Specialist III $ $ 12.96 15.85 Illustrator I Illustrator II $ 10.46 Illustrator III $ $ 12.96 15.85 Librarian $ 13.83 bETERMINATION NO.:94-2084 Rev. 3) ISSUE DATF.•n";in 1009 D=,.- i0 Library Technician $ 10.46 71 Photographer I 0 Dry Cleaner 72 Photographer II $ 9.36 r3 Photographer III $ $ 10.46 12.96 14 Photographer IV 0 Presser, Machine, Shirts $ 15 Photographer V $ 15.85 Apparel, Laundry $ 19.16 )RY, DRY CLEANING, PRESSING: 6.94 0 Tailor .0 Assembler $ 5.35 0 Counter Attendant $ 5.35 0 Dry Cleaner 0 Finisher, Flatwork, Machine $ $ 6.60 5.35 0 Presser, Hand $ $ 11.77 12.46 0 Presser, Machine, Dry Cleaning $ $ 5.35 5.35 0 Presser, Machine, Shirts $ 5.35 0 Presser, Machine, Wearing $ 5.35 Apparel, Laundry 0 Sewing Machine Operator $ 6.94 0 Tailor $ 9.98 0 Washer, Machine $ 7.34 $ 5.81 NE TOOL OPERATION AND REPAIR: 0 Machine -tool Operator $ 12.46 (Toolroom) 0 Tool and Die Maker $ 13.91 IALS HANDLING AND PACKING: ) Fuel Distribution System $ 10.64 Operator ) Material Coordinator $ 11.22 ) Material Expediter Material Handling Laborer $ $ 11.22 9.30 Forklift Operator Production Line Worker $ $ 9.55 10.64 (Food Processing) Shipping/Receiving Clerk $ 10.64 Shipping Packer Store,Worker I• $ 10.64 Stock Clerk ( Shelf Stocker; $ $ 8.25 8.80 Store Worker II ) Stock Clerk Tools and Parts Attendant $ $ 8.80 10.05 Warehouse Specialist $ 10.64 'ICS AND MAINTENANCE AND REPAIR: Aircraft Mechanic $ 12.84 Aircraft Mechanic Helper $ 10.05 Aircraft Servicer Aircraft Worker $ 11.22 Appliance Mechanic $ $ 11.77 12.46 Bicycle Repairer Cable Splicer $ 10.55 Carpenter, Maintenance $ $ 12.84 12.46 Carpet Layer Electrician, Maintenance $ $ 11.77 12.84 Electronics Technician, $ 9.98 Maintenance I DETERMINATION NO.:94-2084 :v. 3) ISSUE DATE:05/07, 996 Page 5 of 10 Electronics Technician, $ 12.27 Maintenance II $ 7.70 3 Electronics Technician, $ 14.84 Maintenance III $ 14.87 ) Fabric Worker ) Fire Alarm System Mechanic $ 10.69 ) Fire Extinguisher Repairer $ $ 12.84 11.22 ) Fuel Distribution System $ 12.84 Mechanic $ 10.05 ) General Maintenance Worker $ 11.77 ) Heating, Refrigeration and Air $ 12.84 Conditioning Mechanic ) Heavy Equipment Mechanic $ 12.84 ) Instrument Mechanic $ 12.84 ) Locksmith Machinery Maintenance Mechanic $ $ 12.46 13.82 ) Machinist, Maintenance $ 12.84 1 Maintenance Trades Helper Millwright $ 10.36 Office Appliance Repairer $ $ 12.84 12.46 Painter, Aircraft Painter, Maintenance $ 12.46 Pipefitter, Maintenance $ $ 14.46 12.84 Plumber, Maintenance $ 14.46 Pneudraulic Systems Mechanic Rigger $ 12.84 Scale Mechanic $ $ 12.84 11.77 Sheet -metal Worker, $ 12.84 Maintenance Small Engine Mechanic $ 11.77 Telecommunications Mechanic I $ 12.84 Telecomunications Mechanic II $ 13.55 Telephone Lineman $ 12.84 Welder, Combination, $ 12.84 Maintenance Well Driller $ 12.84 Woodcraft Worker $ 12.84 Woodworker $ 11.77 AL NEEDS: Child Care Attendant $ 8.96 Chore Aide $ 16.91 Homemaker $ 7.70 Firefighter $ 12.41 AND SYSTEM OPERATION: $ 14.87 Boiler Tender $ 12.84 Sewage Plant Operator $ 12.46 Stationary Engineer $ 12.84 Ventilation Equipment Tender $ 10.05 Water Treatment Plant Operator $ 12.46 rIVE SERVICE: Alarm Monitor $ 6.33 Court Security Officer $ 16.91 Detention Officer Firefighter $ 16.91 Guard I $ 14.87 Guard II $ 5.03 Police Officer $ 6.33 $ 18.95 'E'DETERMINATION NO.:.94-208( ;Rev. 3) LAICAL: 10 -Air Traffic Control 2/ Specialist, Center 11 Air Traffic Control 2/ Specialist, Station 12 Air Traffic Control 2/ Specialist, Terminal 20 Archeological Technician 30 Cartographic Technician 35 Computer Based Training Specialist/Instructor 10 Civil Engineering Technician it Drafter I i2 Drafter II ;3 Drafter III 14 Drafter IV 0 Embalmer 1 Engineering Technician I 2 Engineering Technician II 3 Engineering Technician III 4 Engineering Technician IV 5 Engineering Technician V 6 Engineering Technician VI 0 Environmental Technician D Flight Simulator/Instructor (Pilot) Graphic Artist Laboratory Technician Mathematical Technician Mortician Paralegal/Legal Assistant I Paralegal/Legal Assistant II Paralegal/Legal Assistant III Paralegal/Legal Assistant IV Photooptics Technician Technical Writer Weather Observer, Senior 3/ Weather Observer, Combined 3/ Upper Air and Surface Programs Weather Observer, Upper Air 3/ DRTATION/MOBILE EQUIPMENT [ON: Bus Driver Driver Messenger Heavy Equipment Operator Parking and Lot Attendant Shuttle Bus Driver Taxi Driver Truckdriver, Light Truck Truckdriver, Medium Truck Truckdriver, Heavy Truck Truckdriver, Tractor -Trailer ANEoUS: Aircraft Quality Control Inspector knimal Caretaker ISSUE DATE:05/uy/1996 Page 6 of 10 $ 22.24 $ 15.34 $ 16.89 $ 12.96 $ 12.96 $ 15.26 $ 12.96 $ 8.33 $ 9.36 $ 10.46 $ 12.96 $ 15.85 $ 8.33 $ 9.36 $ 10.46 $ 12.96 $ 15.85 $ 19.17 $ 12.96 $ 18.46 $ 15.26 $ 12.26 $ 12.96 $ 15.85 $ 11.00 $ 12.48 $ 15.25 $ 18.46 $ 12.96 $ 15.09 $ 13.63 $ 12.26 $ 12.26 $ 10.69 $ 9.37 $ 12.84 $ 8.22 $ 9.98 $ 10.11 $ 9.98 $ 10.69 $ 12.07 $ 12.62 $ 13.55 $ 9.50 GE DETERMINATION NO.:g4-20� , (Rev. 3) ISSUE DATE:05/u7/1996 Page 7 of to 030 Cashier 040 050 Child Care Center Clerk Desk Clerk $ $ 7.31 11.16 260 Instructor $ 8.96 300 Lifeguard $ 13.63 350 Park Attendant (Aide) $ 7.98 100 Photofinishing Worker ( Photo $ 10.02 500 Lab / Dark Room Technician ) Recreation Specialist $ 7.98 510 Recycling Worker $ 12.41 i10 Sales Clerk $ 10.11 i30 Sports Official $ 7.98 '58 Survey Party Chief $ 7.98 159 Surveying Technician $ 10.83 ,60 Surveying Aide $ 10.02 90 Swimming Pool Operator $ 7.31 20 Vending Machine Attendant $ 11.83 30 Vending Machine Repairer $ 10.11 40 Vending Machine Repairer $ 11.83 Helper $ 10.11 ** Fringe Benefits Required For All Occupations Included In This Wage Determination ** HEALTH & WELFARE: Life, accident, and health insurance plans, sick leave, pension plans, civic and personal leave, and savings and thrift plans. Minimum employer contributions costing an average of $2.56 per hour computed on the basis of all hours worked by service employees employed on the contract. May include such benefits as severance pay. VACATION: Two weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years; 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractor in the performance of similar work at the same Federal facility. (Reg. 4.173) iOLIDAYS: Minimum of ten paid holidays per year: New Year's Day, dartin Luther King Jr.'s Birthday, Washington's Birthday, Memorial )ay, Independence Day, Labor Day, Columbus Day, Veterans' Day, 'hanksgiving Day, and Christmas Day. (A contractor may substitute for Lny of the named holidays another day off with pay in accordance with L plan communicated to the employees involved. (See 29 CFR 4.174) goes not apply to employees employed in a bona fide executive, dministrative, or professional capacity as defined and delineated in 9 CFR 541. (See 29 CFR 4.156) PPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An mployee is entitled to pay for all work performed between the hours f 6:00 P.M. and 6:00 A.M. at the rate of basic pay plus a night pay ifferential amounting to 10 percent of the rate of basic pay. ;E -DETERMINATION NO.:94-208 (Rev. 3) ISSUE DATE:05/4 /1996 Page 8 of 10 APPLICABLE TO WEATHER OBSERVERS ONLY - NIGHT PAY & SUNDAY PAY: If you work at night as a part of a regular tour of duty, you will earn a NIGHT DIFFERENTIAL and receive an additional 10% of basic pay for any hours worked between 6pm and Gam. If you are a full-time employee (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate- of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost furnishing such uniforms and maintaining (by laundering orof 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 $4.25 per week (or $.85 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment 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. ** NOTES APPLYING TO THIS WAGE DETERMINATION ** Source of Occupational Titles and Descriptions: The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations, 11 Fourth Edition, January 1993, as amended by. the Second Supplement, dated August 1995, unless otherwise indicated. This publication may be obtained from the Superintendent of Documents, at 202-783-3238, or by writing to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Copies of specific job descriptions may also be obtained from the appropriate contracting officer. DETERMINATION NO.:94-20d Rev. 3) ISSUE DATE:05/0.,1996 Page 9 of 10 r REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE (Standard Form 1444 (SF 1444)) Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wade 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 occupations) 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 classifications)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 DETERMII,A-LIDN NO.:94-2084 Rev. 3) ISSUE DATE:05/�. /1996 Page 10 of 10 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.