Section A COMBINED SYNOPSIS/SOLICITATION 12-F430-18-B-0001

A.1 General Information

Document Type: Combined Solicitation/Synopsis
Solicitation Number:
Posted Date: 7/12/2018
Current Response Date: 8/8/2018
Product or Service Code: F108 - Hazardous Substance Removal, Cleanup, and
Disposal Services
Set Aside:
NAICS Code: 562910 - Remediation Services

A.2 Contracting Office Address

International Institute for Tropical Forestry
ATTN: Amelia Davila
1201 Ceiba Jardin Botanica Sur
San Juan, Puerto Rico 00926
A.3 Description
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in
Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and
Solicitation for Commercial Items,” as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotations are being requested, and a written
solicitation document will not be issued.

This solicitation is an Invitation for Bids (IFB). The solicitation document and incorporated provisions
and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-99 effective 6-15-2018.

The Contracting Office at the International Institute of Tropical Forestry (IITF) intends to award a fixed-
price contract to provide commercial services, providing for all labor, equipment, materials, services,
supervision, management and transportation necessary to complete the environmental remediation
services for IITF in accordance with the below Scope of Work (SOW).

The associated North American Industrial Classification System (NAICS) code for this procurement is
562910 - Remediation Services, with a small business size standard of $20.5 million or 750 employees.

Set-Aside Requirement: The Government reserves the right to make no award from this solicitation.

A.4 SITE VISIT: The site visit will be held on Tuesday 7/24/2018 at 09:00 AM Eastern Standard
Time at the International Institute of Tropical Forestry, HQ Bldg., 1201 Ceiba Jardin Botanica Sur San
Juan, Puerto Rico 00926, (see Statement of Work). Vendors are required to contact the Contracting
Officer, Amelia Davila at (787) 764-7280 ameliadavila@fs.fed.us to sign up for the site visit. Bidders
shall meet Ms Davila in the foyer of the HQ Bldg.

* Per FAR clause 52.237-1 - Site Visit, interested prospective bidders are urged and expected to
inspect the site prior to submission of bids. *

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You are reminded that representatives from your company SHALL NOT contact any IITF employee to
discuss this IFB during this IFB process. All questions and concerns regarding this IFB shall be directed
to Mike Belovsky, the Contract Specialist.

A.5 BIDDERS QUESTIONS: All questions regarding this IFB must be in writing and may be sent
by e‐mail to jbelovsky@fs.fed.us. Questions must be received no later than Tuesday 7/31/2018 at 09:00
AM Eastern Standard Time. No further questions will be accepted after that date and time.

A.6 ANSWERS TO BIDDERS QUESTIONS: Answers to vendor questions will be posted on

FBO no later than Friday 8/3/2018 by 4:00 PM Eastern Standard Time.

A.7 BID SUBMISSION: Bids are due on/or before Wednesday 8/8/2018 by 2:00 PM Eastern
Standard Time. Bids shall be sent by e‐mail “only” to the Contract Specialist (Mike Belovsky)
at jbelovsky@fs.fed.us. The Government will award a Firm Fixed-Price Contract to provide commercial
services resulting from this IFB to the responsible bidder whose bid is the Lowest Price.

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 SCOPE OF WORK, SPECIFICATIONS

Quantities provided below are approximate. Prospective bidders are responsible for verifying all
dimensions and site conditions prior to submitting bids. Refer to Figures 1 through 6 for specific
locations of mold-impacted building materials and paint stabilization areas. See
Synopsis/Solicitation for site visit information.

1. GENERAL CONDITIONS

1.1 Work Schedule

The work must be performed during normal working hours Monday through Friday between 8
am and 5 pm, unless extended working hours are approved by CO. All remediation work must
be completed within 20 work days including post-remediation testing and demobilization.
Contractor shall coordinate with COR to establish a work plan. Work plan must be approved by
CO, before Notice To Proceed is issued. Work shall be phased to minimize disruption to
employees.

1.2 Building Disruption

Contractor will be allowed to only work on one building at a time. The unaffected portions of the
Site may remain active in some areas and must be isolated from each work area where
applicable. Contractor employees shall minimize disruption to facility operations and shall be
courteous to occupants and visitors at all times. Contractor employees shall not block pathways
or other areas at the facility and shall maintain a low profile. Any employee who does not abide
by these or any other requirements of this work plan will be subject to removal from the Site.

1.3 Access Restrictions

Access to the work area shall be restricted to authorized employees of the Contractor and
authorized employees of COR. No other visitors shall be permitted without prior approval from
COR. Warning signs shall be posted at the entrance to each work area to communicate the
nature of the hazard(s) that exists and the requirement to wear personal protective equipment
before entering the work area.

2. PRE-REMEDIATION ACTIVITIES

2.1 Contractor Qualifications and Submittals

The Contractor should provide copies of the following with their bid package:
a) Mold remediation training certification from ACAC, IICRC, or State licensing program.
b) Industrial Hygienist certification and list of sampling equipment
c) Proposed schedule to complete remediation activities.

The Contractor shall submit the following for review prior to Notice To Proceed: ,
a) Respirator training and fit testing documentation.
b) Physician’s written opinion that employees are physically capable of wearing respirators.
c) Site specific Health and Safety Plan.

2.2 Initial Walk-Through

CO/COR will conduct an initial walk-through with the Contractor prior to the start of work
activities to review the scope of work and verify that the referenced areas are ready for work to
begin.

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2.3 Building Conditions
The HVAC system shall be shut down or isolated from each work area until the Contractor’s
Certified Industrial Hygienist (CIH) has concluded that remediation is complete and is approved
by COR.

2.4 Furnishings and Contents

Prior to the commencement of remediation activities, furniture, equipment, contents and/or
moveable items located within each room or area where mold remediation will be performed
must be pre-cleaned using vacuums equipped with High Efficiency Particulate Air (HEPA) filters
and/or wet wiping with a mild detergent. Additional areas at the Site may also require content
cleaning. The cleaned items must be stored in a clean area or sealed with plastic sheeting
inside the work area. Any items that are relocated for storage outside the work area must be
inventoried and labelled to identify the location of origin. Following cleaning, any furniture,
fixtures, equipment, or contents that are unable to be restored to a clean condition shall be
relocated to a storage area and recommended for disposal. Contractor shall store all retained
folders, files, books, etc. sealed in air tight containers. The government shall provide containers
and identify materials to be retained. Any personal items, high value items, or items that will
require access during remediation activities will be identified by COR prior to commencement of
work so that they are properly handled. Contractor shall perform pre-cleaning of any such items
prior to removal from the work area. Relocation and moving of furniture, equipment, contents
and/or moveable items shall be performed by the Contractor. Items to be cleaned, moved, and
stored (including files, folders and books) shall be limited to remediation areas only.

2.5 Containment Preparation

A negative pressure enclosure (NPE) shall be constructed to isolate remediation areas from
non-remediation areas. The NPE shall be constructed utilizing 6 mil polyethylene (poly) sheeting
to cover all surfaces except those being remediated. Critical barriers consisting of 6 mil poly
sheeting shall also be placed around openings in the work area including: doors, windows, A/C
vents, power outlets, utility boxes, and any other penetrations that lead outside the NPE.
A single-stage decontamination chamber (decon) shall be constructed at the entrance to each
NPE to allow workers to change out of their personal protective equipment. The decon shall
contain overlapping curtain flaps or a zipper mechanism at the entrance. The poly sheeting shall
be sealed with painters tape to avoid damage to building finishes. Additional support (e.g. poles,
wood strips, etc.) shall be used if necessary to maintain the integrity of the NPEs. The
Contractor shall take precautions to avoid damage to building finishes and shall be responsible
for repairing such damage to the satisfaction of the COR. The Contractor shall notify COR
immediately of any damage that does occur.

2.6 Electrical & Fire Safety

Electrical power shall be disconnected if it is possible to do so without disrupting active/occupied
areas of the building. Any modifications to the electrical service lines (e.g. connection of
temporary electrical panels) shall be performed by a licensed electrician. Electrical equipment
used by the Contractor shall be connected to a ground fault circuit interrupter (GFCI) at the
power outlet. Electrical cords shall be grounded and neatly organized to prevent tripping
hazards. A minimum of two fire extinguishers shall be maintained at each NPE for the duration
of the remediation work.

2.7 Personal Protective Equipment

Contractor shall develop and present for Forest Service review a formal employee health and
safety plan (HSP) before Notice To Proceed is issued. No work shall begin until the HSP has
been approved. Acceptance of the HSP shall in no way imply approval or adequacy by Forest

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Service. At a minimum, half-face air purifying respirators with NIOSH approved P-100 filters
must be worn by the remediation workers and personnel entering the containment areas. It is
the responsibility of the Contractor to ensure that their employees utilize respirators in
accordance with a written respiratory protection and medical surveillance program. Remediation
workers shall be properly instructed on the use of respirators and at minimum shall receive
annual fit-testing with the appropriate respirator and filters. Disposable protective clothing which
covers the body, from head to toe, must be worn by personnel entering the containment areas.
Additional PPE must be worn including gloves, safety goggles (non-vented), work boots, and
hard hats where applicable. Protective clothing and equipment used by remediation workers
and personnel within the containment areas must be properly decontaminated or disposed of
prior to exiting the decontamination chamber. At no time may the Contractor leave the work
area wearing respirators or protective clothing.

2.8 Air Filtration Devices and Pressure Differential

Once the NPEs are constructed, a negative pressure differential shall be created inside each
containment area utilizing air filtration devices (AFDs) with HEPA filters to filter and collect
airborne particles. A sufficient number of AFDs must be utilized in order to achieve at least (4)
air changes per hour and must be exhausted outside the building away from walkways and
areas utilized by occupants and visitors using 6-mil reinforced plastic tubing. A negative air
pressure differential of at least negative -0.02 inches of water with respect to the air pressure
outside of the containment must be maintained during removal activities. A negative pressure
recorder (manometer) must be used to establish and monitor a required negative pressure level
of at least -0.02 inches of water during remediation activities, within each containment area. The
pressure differential recorder must be set-up and in full view at all times for COR to observe and
monitor.

3. REMEDIATION ACTIVITIES

3.1 Removal of Affected Building Materials

Removal of affected gypsum board building materials shall be conducted inside NPEs. Upon
verifying the integrity of the NPEs, Owner will authorize the remediation Contractor to proceed
with removal of affected building materials as described in the Scope of Work. The removal
shall be conducted in a careful and controlled manner to minimize release of dust and mold
spores. Mold impacted gypsum board should be removed to approximately two feet beyond
signs of visible mold growth. Waste materials should be immediately placed in 6 mil poly
disposal bags upon removal. The work areas shall be kept reasonably clean and free of clutter
at all times. The remaining wall and ceiling materials shall have a smooth and even cut to
facilitate reinstallation work.

3.2 Cleaning Procedures

Following gross removal of impacted building materials, the containment areas shall be
thoroughly cleaned using HEPA vacuums, damp cloths, and a mop with a mild detergent
solution. No biocides may be used on this project. All work areas must be left dry and visibly
free from visible contamination and debris. Any portions of the NPE that are no longer contained
following gross removal shall be sealed to prevent air leakage. The NPE repairs shall be
performed in such a manner that the affected areas shall remain exposed to the maximum
extent possible for inspection and sampling purposes.

3.3 Inspection of Removed Materials

Upon removal of the water-damaged and/or contaminated materials as previously outlined,

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Contracting Officers’ Representative (COR) will inspect the remediated area. The work area
shall be in a clean dust-free condition for the inspection to be deemed satisfactory. If evidence
of additional fungal growth and/or water damage is observed that extends beyond the areas
outlined, CO will advise Contractor to continue removal of additional materials and the areas will
be re-inspected. A change order may be executed to redefine scope of work. This process will
be repeated until damaged and/or contaminated materials are no longer observed.

3.4 Disposal
Building materials must be removed and discarded utilizing sealed double-bagged 6-mil
polyethylene plastic sheeting or bags sealed with duct tape. Remediated materials must be
discarded on a daily basis by the remediation Contractor and transported outside the building
for disposal. There are no special requirements for the disposal of water-damaged/mold
contaminated materials. The Contractor shall coordinate the placement of any dumpsters with
COR.
4. POST-REMEDIATION ACTIVITIES

4.1 Air-Scrubbing
Once the cleaning procedures in the NPEs have been deemed satisfactorily completed, the
exhaust tubing shall be removed by Contractor and any make up air vents must be sealed. The
AFDs with HEPA filters must be allowed to run for a period of approximately 24 hours to filter
and collect residual airborne particles.

4.2 Final Air Sampling

The Contractor shall retain the services of a qualified Certified Industrial Hygienist (CIH), and all
required testing and lab analysis services. Following the 24 hour air scrubbing process, post-
remediation air sampling will be performed inside each NPE and in the outdoor air for
comparison purposes. The following criteria will be used to evaluate the sample results:
A. The airborne fungal spore concentration inside the work area must be quantitatively or lower
than the fungal spore concentration in the outdoor ambient air. In addition, the types of mold
spores identified inside the work areas shall be qualitatively similar to those identified in the
outdoor ambient air based on the professional judgement of the CIH. CIH shall present
sampling results and findings to the COR.
B. If the post-remediation air sample results are deemed unsatisfactory by the CIH and the COR
(i.e. not lower or similar to outdoors) the Contractor will be required to perform additional
cleaning of the work area, at no additional cost to the government. Post-remediation air
samples will then be recollected upon the completion of an additional 24-hour air scrubbing
period. The laboratory results will be analyzed on a same day turnaround basis from the time
the samples arrive at the laboratory. The sample results will be available within three working
days after the samples are collected (Monday-Friday only).

5. RECONSTRUCTION

Cause(s) of water intrusion should be properly identified and repaired at the s ite prior to
reconstruction of the affected areas. Contractor shall bring a representative from Storm King,
(the window manufacturer) on site to inspect the Headquarter’s Building window leaks and
recommend corrective action. Contractor shall caulk and seal as directed. Any additional
corrective actions are not the responsibility of the Contractor.

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Reconstruction of gypsum removal shall consist of replacement with in-kind materials.
Professionally patch, prime and paint to match existing surroundings. All areas calling for paint
stabilization shall be professionally patched, primed and painted to match existing surroundings.

6. SITE SPECIFIC WORK

6.1 Headquarters Building 1st Floor

a. Install Air Filtration Devices (AFDs) equipped with High Efficiency Particulate Air
(HEPA) filters inside each work area while containment preparation work is in progress
and operate in recirculation mode. See Figure 1.
b. Isolate each work area as described in Section 1.3 Access Restrictions.
c. Conduct pre-cleaning of surfaces throughout each work area to remove excess dust
and dirt accumulation prior to installing plastic sheeting.
d. Construct Negative Pressure Enclosures (NPE’s) to contain each work area with more
than 10 square feet of mold/water damage and/or more than 6 SF of paint damage as
described in Section 2.5 Containment Preparation.
e. Remove and dispose of mold-impacted gypsum wallboard including any wall or ceiling
cavity insulation and/or perform paint stabilization in the areas listed below:
1. Room 8 – remove gypsum board from the two east windows approximately 8’x5’ per
window.
2. Room 9 – remove gypsum board from the north and west windows approximately
8’x5’ per window.
3. 1st Floor Men’s Room - conduct paint stabilization to remove loose and peeling paint
from the ceiling.
4. Room 16 – remove gypsum board from the east window approximately 8’x5’.
5. Lounge – remove gypsum board from the east window approximately 8’x5’.
6. 1st Floor South Stairwell – remove gypsum board from the south window
approximately 8’x5’.
7. Room 23 – remove gypsum board from the south and west windows approximately
8’x5’ per window.
8. Room 19 – remove gypsum board from the west window approximately 4’x5’.
9. 1st Floor west lobby door - conduct paint stabilization to remove loose and peeling
paint from the ceiling area.
10. Room 13 – remove gypsum board from the west window approximately 4’x5’.

f. Following removal of impacted materials, all surfaces within each NPE or work area
must be fine cleaned by wet wiping with a mild detergent and/or HEPA vacuuming.
g. After the CIH has tested and cleared the work areas safe for occupancy, the
Contractor shall have the window manufacturer’s (Storm King) representative come on
site and inspect the locations where the windows were leaking. The representative
shall provide corrective action recommendations. Contractor shall caulk and seal
areas as recommended. Any recommended repairs beyond caulking and sealing will
not be the Contractor’s responsibility.
h. Contractor to repair areas where gypsum board was removed. Patch, prime and paint
to match existing.
i. Patch, prime and paint all paint stabilized areas to match existing.

6.2 Headquarters Building 2nd Floor

a. Install AFD’s equipped with HEPA filters inside each work area while containment
preparation work is in progress and operate in recirculation mode. See Figure 2.
b. Isolate each work area as described in Section 1.3 Access Restrictions.
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 c. Conduct pre-cleaning of surfaces throughout each work area to remove excess dust and
dirt accumulation prior to installing plastic sheeting.
d. Construct NPEs to contain each work area with more than 10 square feet of mold/water
damage and/or more than 6 SF of paint damage as described in Section 2.5
Containment Preparation.
e. Remove and dispose of mold-impacted gypsum wallboard including any wall or ceiling
cavity insulation and/or perform paint stabilization in the areas listed below:
1. Room 27 - conduct paint stabilization to remove loose and peeling paint from the
ceiling.
2. Room 29 – remove gypsum board from the two east windows approximately 8’x5’
per window.
3. 2nd Floor Men’s Room - conduct paint stabilization to remove loose and peeling paint
from the south wall and ceiling.
4. Room 45 – conduct paint stabilization to remove loose and peeling paint from the
ceiling.
5. Room 41 – remove gypsum board from the south window approximately 8’x5’ per
window; conduct paint stabilization to remove loose and peeling paint from the
ceiling.
6. Room 40 – conduct paint stabilization to remove loose and peeling paint from the
north and south walls and ceiling.
7. Room 39 – conduct paint stabilization to remove loose and peeling paint from the
south wall, and ceiling.
8. Room 38 – conduct paint stabilization to remove loose and peeling paint from the
ceiling including wood beam.
9. Room 37 – conduct paint stabilization to remove loose and peeling paint from the
south wall, and ceiling.
10. Room 35 – conduct paint stabilization to remove loose and peeling paint from the
south and west walls and ceiling; remove gypsum board from the west window
approximately 8’x5’ per window.
11. Room 32 – conduct paint stabilization to remove loose and peeling paint from the
north and south walls and ceiling.
12. Room 31 – conduct paint stabilization to remove loose and peeling paint from the
north wall and ceiling.
13. Room 30 – conduct paint stabilization to remove loose and peeling paint from the
north and south walls and ceiling.

f. Following removal of impacted materials, all surfaces within each NPE or work area must
be fine cleaned by wet wiping with a mild detergent and/or HEPA vacuuming.
g. After the CIH has tested and cleared the work areas safe for occupancy, the Contractor
shall have the window manufacturer’s (Storm King) representative come on site and inspect
the locations where the windows were leaking. The representative shall provide corrective
action recommendations. Contractor shall caulk and seal areas as recommended. Any
recommended repairs beyond caulking and sealing will not be the Contractor’s
responsibility.
h. Contractor to repair areas where gypsum board was removed. Patch, prime and paint to
match existing.
i. Patch, prime and paint all paint-stabilized areas to match existing.

6.3 Headquarters Building Basement

a. Install AFDs equipped with HEPA filters inside each work area while containment
preparation work is in progress and operate in recirculation mode. See Figure 3.

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 b. Isolate each work area as described in Section 1.3 Access Restrictions.
c. Conduct pre-cleaning of surfaces throughout each work area to remove excess dust and
dirt accumulation prior to installing plastic sheeting.
d. Construct NPEs to contain each work area with more than 10 square feet of mold/water
damage and/or more than 6 SF of paint damage as described in Section 2.5
Containment Preparation.
e. Perform paint stabilization in the areas listed below:
1. Main hallway east – conduct paint stabilization to remove loose and peeling paint
from the east ceiling area.
2. Main hallway north – conduct paint stabilization to remove loose and peeling paint
from the north ceiling area.
f. Following removal of impacted materials, all surfaces within each NPE or work area
must be fine cleaned by wet wiping with a mild detergent and/or HEPA vacuuming.
g. Patch, prime and paint all paint stabilized areas to match existing.

6.4 Sample Prep & Storage Chemical Lab & Solar Dryer Building
a. Install AFDs equipped with HEPA filters inside work area while containment preparation
is in progress and allow to operate in recirculation mode. See Figure 4.
b. Isolate work area as described in Section 1.3 Access Restrictions.
c. Conduct pre-cleaning of surfaces throughout each work area to remove excess dust and
dirt accumulation prior to installing poly sheeting.
d. Construct one or more NPEs as described in Section 2.5 Containment Preparation to
remove and dispose of mold-impacted gypsum wallboard including any wall or ceiling
cavity insulation and/or perform paint stabilization in the areas listed below, refer to
Figure 4 for additional information:
1. Balance Room – Remove lower gypsum board portion of north wall to bottom of
glass window blocks approximately 3’ x 6’ and above window blocks
approximately 1’ x 6’. Remove upper gypsum board northwest wall from floor to
bottom of window blocks approximately 5’ x 10’. Conduct paint stabilization to
remove loose and peeling paint from the ceiling area.
2. Hallway outside balance room – Remove lower northwest gypsum board wall
from floor to between 4’ and 6’ high (bottom of electrical boxes) – approximately
6’ long. Remove upper gypsum board north wall by Packaged Terminal Air
Conditioners (PTAC) unit from above doorway to ceiling approximately 4’ x 3’.
Remove upper gypsum board south wall (opposite side of PTAC unit) from above
doorway to ceiling approximately 5’ x 3’. Conduct paint stabilization to remove
loose and peeling paint from the south wall in stair landing area past hallway.
3. Glassware Room – Remove gypsum board ceiling approximately 20’ x 20’.
4. Global Change Room & Adjacent Hallway – Remove gypsum board ceiling
approximately 15’ x 20’ and gypsum board wall from floor to ceiling
approximately 40’ x 10’ total in global change room. Remove gypsum board
ceiling in adjacent hallway approximately 10’ x 5’.
5. Hallway to Conference Room – Remove and discard approximately five water
stained ceiling tiles.

e. Following removal of impacted materials, all surfaces within each NPE or work area
must be fine cleaned by wet wiping with a mild detergent and/or HEPA vacuuming.
Inspect the locations where the windows were leaking. Contractor shall caulk and seal
areas as recommended. Any recommended repairs beyond caulking and sealing will
not be the Contractor’s responsibility.

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 f. Contractor to repair all (floor and wall) areas where gypsum board was removed. Patch,
prime and paint to match existing.
g. Patch, prime and paint all paint stabilized areas to match existing.
h. Contractor will be required to remove and reinstall existing ceiling access panels, light
fixtures, speakers, smoke and heat detectors in all rooms requiring gypsum ceiling
replacement.

GIS Lab Building

1. Install AFDs equipped with HEPA filters inside work area while containment preparation is in
progress and operate in recirculation mode. See Figure 5.
2. Isolate work area as described in Section 1.3 Access Restrictions.
3. Conduct pre-cleaning of surfaces throughout each work area to remove excess dust and dirt
accumulation prior to installing poly sheeting.
4. Construct NPE as described in Section 2.5 Containment Preparation to conduct paint
stabilization in the areas listed below, refer to Figure 2 for additional information:
a. Southwest storage room south wall – approximately 6’ long x 6’ high.
b. West center office west wall – approximately 5’ x 5’.
5. Following removal of impacted materials, all surfaces within each NPE or work area must be
fine cleaned by wet wiping with a mild detergent and/or HEPA vacuuming.
6. Patch, prime and paint all paint-stabilized areas to match existing.

Multi-Purpose Building – East Center Office

1. Install AFDs equipped with HEPA filters inside work area while containment preparation is in
progress and operate in recirculation mode during cleaning. (See Figure 6).
2. Isolate work area as described in Section 1.3 Access Restrictions.
3. Install poly sheeting below the east, center, office, wood door:
4. Clean surface mold by wet wiping with a mild detergent
5. Following removal of impacted materials, all surfaces in work area must be fine cleaned by
wet wiping with a mild detergent and/or HEPA vacuuming.

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CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal MAY 2014
or Improper Activity
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal OCT 2010
Transactions
52.203-16 Preventing Personal Conflicts of Interest (D. 2018-O0013) DEC 2011
52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014
to Inform Employees of Whistleblower Rights
52.204-1 Approval of Contract DEC 1989
52.204-2 Security Requirements AUG 1996

52.204-4 Printed or Copied Double-Sided on Recycled Paper MAY 2011

52.204-6 Unique Entity Identifier OCT 2016
52.204-7 System for Award Management OCT 2016
52.204-8 Annual Representations and Certifications JAN 2018
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-12 Unique Entity Identifier Maintenance OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016
52.204-19 Incorporation by Reference of Representations and DEC 2014
Certifications
52.207-1 Notice of Standard Competition MAY 2006
52.209-6 Protecting the Government's Interest When Subcontracting OCT 2015
With Contractors Debarred, Suspended, or Proposed for
Debarment
52.212-1 Instructions to Offerors – Commercial Items (D. 2018-O0013) JAN 2017
52.212-3 Offerors Representations and Certifications – Commercial NOV 2017
Items
52.212-4 Contract Terms and Conditions – Commercial Items JAN 2017
52.214-34 Submissions of Offers in the English Language APR 1991
52.214-35 Submissions of Offers in U.S. Currency APR 1991
52.215-8 Order of Precedence – Uniform Contract Format OCT 1997
52.219-1 Small Business Program Representations OCT 2014
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards Act – Overtime MAY 2014
Compensation
52.222-17 Non-displacement of Qualified Workers MAY 2014
52.222-21 Prohibition Of Segregated Facilities APR 2015

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52.222-26 Equal Opportunity SEP 2016
52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans OCT 2015
of the Vietnam Era, and Other Eligible Veterans
52.222-36 Affirmative Action For Workers With Disabilities JUL 2014
52.222-37 Employment Reports Veterans FEB 2016
52.222-41 Service Contract Act Labor Standards MAY 2014
52.222-50 Combating Trafficking in Persons MAR 2015
52.223-6 Drug-Free Workplace MAY 2001
52.223-10 Waste Reduction Program MAY 2011
52.223-18 Encouraging Contractor Policies to Ban Text Messaging AUG 2011
While Driving
52.225-14 Inconsistency Between English Version and Translation of FEB 2000
Contract
52.225-25 Prohibition on Contracting with Entities Engaging in Certain OCT 2015
Activities or Transactions Relating to Iran—Representation
and Certification
52.232-1 Payments APR 1984
52.232-13 Notice of Progress Payments APR 1984
52.232-16 Progress Payments APR 2012
52.232-17 Interest MAY 2014
52.232-32 Performance-Based Payments APR 2012
52.232-33 Payment by Electronic Funds Transfer--Central Contractor JUL 2013
Registration
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-1 Disputes MAY 2014
52.233-2 Service of Protest SEP 2006
52.233-3 Protest After Award 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
52.237-7 Indemnification and Medical Liability Insurance JAN 1997
52.242-13 Bankruptcy JUL 1995
52.242-15 Stop-Work Order AUG 1989
52.243-1 ALT1 Changes -- Fixed Price, Alternate I APR 1984
52.245-1 Government Property JAN 2017
52.249-1 Termination For Convenience Of The Government (Fixed APR 1984
Price) (Short Form)
52.249-4 Termination for Convenience of the Government APR 1984
(Services)(Short Form)
52.249-12 Termination (Personal Services) APR 1984
52.253-1 Computer Generated Forms JAN 1991

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CLAUSES INCORPORATED IN FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,
which are incorporated in this contract by reference, to implement provisions of law or Executive
orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and
Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor
provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws
108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting
officer has indicated as being incorporated in this contract by reference to implement provisions of
law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_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).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41
U.S.C. 3509).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts
funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards
(Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

20
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117,
section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101
note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)
(15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its
offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.
644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.
637(d)(2) and (3)).

21
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637
(d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Jan 2017) of 52.219-9.

___ (v) Alternate IV (Jan 2017) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15
U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned
Small Business Concerns Eligible Under the Women-Owned Small Business Program
(Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018)
(E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29
U.S.C. 793).

22
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter
78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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) [Reserved]

___ (36) [Reserved]

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-
Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the
acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to
the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment

and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun
2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s
13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42
U.S.C. 8259b).

23
___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products
(Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while
Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May
2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805
note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53,
109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301
note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s,
proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for
Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42
U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

24
 ___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)
(41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.
4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award
Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for
Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to
commercial services, that the Contracting Officer has indicated as being incorporated in this
contract by reference to implement provisions of law or executive orders applicable to acquisitions
of commercial items:

[Contracting Officer check as appropriate.]

_X__ (1) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495)

_X__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter
67.).

___ (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).

___ (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).

25
 ___ (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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.
13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.
13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May
2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.
5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions
of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the
simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --
Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s
directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after
final payment under this contract or for any shorter period specified in FAR Subpart 4.7,
Contractor Records Retention, of the other clauses of this contract. If this contract is
completely or partially terminated, the records relating to the work terminated shall be
made available for 3 years after any resulting final termination settlement. Records relating
to appeals under the disputes clause or to litigation or the settlement of claims arising
under or relating to this contract shall be made available until such appeals, litigation, or
claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of form. This does not require
the Contractor to create or maintain any record that the Contractor does not maintain in the
ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of
this clause, the Contractor is not required to flow down any FAR clause, other than those in this

26
paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the
extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41
U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235)
and its successor provisions in subsequent appropriations acts (and as extended in
continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds $700,000 ($1.5 million for construction of any public facility), the
subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29
U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with
paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter
67).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29
U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with
paragraph (f) of FAR clause 52.222-40.

27
 (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter
67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.
chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 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.)

(xiv) 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)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) [Reserved]

52.213-2 Invoices (APR 1984)

The Contractor’s invoices must be submitted before payment can be made. The Contractor will be
paid on the basis of the invoice, which must state—

(a) The starting and ending dates of the subscription delivery; and

(b) Either that orders have been placed in effect for the addressees required, or that the orders will
be placed in effect upon receipt of payment.

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://acqnet.gov/far/

Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP) (April
2016)
Electronic Submission of Payment Requests

28
(a) Definitions. As used in this clause-
(1) "Payment request means a bill, voucher, invoice, or request for contract financing payment
with associated supporting documentation. The payment request must comply with the
requirements identified in FAR 32.905(b), "Payment documentation and process" and the
applicable Payment clause included in this contract.
(2) [Reserved]
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment
requests electronically using the Internet Payment Platform (IPP). Information regarding IPP is
available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by
contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or
phone (866) 973-3131.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting
Officer authorizes alternate procedures in writing.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the
Contracting Officer's written authorization with each payment request.
(End of clause)

29
WD 96-0223 (Rev.-43) was first posted on www.wdol.gov on 07/10/2018
Hazardous Waste Pickup/Disposal Services
**********************************************************************************
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON, D.C. 20210
|
|
Daniel W. Simms Division of Wage | Wage Determination No: 1996-0223
Director Determinations | Revision No: 43
| Date Of Revision: 07/03/2018
----------------------------------------------------------------------------------
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for
calendar year 2018 applies to all contracts subject to the Service Contract Act
for which the contract is awarded (and any solicitation was issued) on or after
January 1, 2015. If this contract is covered by the EO, the contractor must pay
all workers in any classification listed on this wage determination at least
$10.35 per hour (or the applicable wage rate listed on this wage determination,
if it is higher) for all hours spent performing on the contract in calendar year
2018. The EO minimum wage rate will be adjusted annually. Additional information
on contractor requirements and worker protections under the EO is available at
www.dol.gov/whd/govcontracts
NATIONWIDE: Applicable in the continental U.S. and Hawaii
Regions are defined as follows:
MIDWEST REGION: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri,
Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin;
NORTHEAST REGION: Connecticut, Maine, Massachusetts, New Hampshire, New Jersey,
New York, Pennsylvania, Pureto Rico, Rhode Island, Vermont and Virgin Islands;
SOUTH REGION: Alabama, Arkansas, Delaware, District of Columbia, Florida,
Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma,
South Carolina, Tennessee, Texas, Virginia, and West Virginia;
WEST REGION: Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New
Mexico, Oregon, Utah, Washington, and Wyoming.
----------------------------------------------------------------------------------

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contracts for removal of oil spills, hazardous waste materials and
related cleanup services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

23440 - Heavy Equipment Operator

MIDWEST REGION 30.87
NORTHEAST REGION 29.32
SOUTH REGION 26.89
WEST REGION 30.28
23470 - Laborer
MIDWEST REGION 17.37
NORTHEAST REGION 17.79
SOUTH REGION 13.55
WEST REGION 15.50
30
30090 - Environmental Technician
MIDWEST REGION 27.47
NORTHEAST REGION 29.25
SOUTH REGION 26.05
WEST REGION 27.64
31010 - Airplane Pilot 29.33
31361 - Truckdriver, Light
MIDWEST REGION 15.66
NORTHEAST REGION 19.65
SOUTH REGION 12.73
WEST REGION 13.25
31362 - Truckdriver, Medium
MIDWEST REGION 25.25
NORTHEAST REGION 25.31
SOUTH REGION 21.48
WEST REGION 23.72
31363 - Truckdriver, Heavy
MIDWEST REGION 26.46
NORTHEAST REGION 26.58
SOUTH REGION 22.51
WEST REGION 24.90
__________________________________________________________________________________
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal
Contractors, applies to all contracts subject to the Service Contract Act for
which the contract is awarded (and any solicitation was issued) on or after
January 1, 2017. If this contract is covered by the EO, the contractor must
provide employees with 1 hour of paid sick leave for every 30 hours they work,
up to 56 hours of paid sick leave each year. Employees must be permitted to use
paid sick leave for their own illness, injury or other health-related needs,
including preventive care; to assist a family member (or person who is like
family to the employee) who is ill, injured, or has other health-related needs,
including preventive care; or for reasons resulting from, or to assist a family
member (or person who is like family to the employee) who is the victim of,
domestic violence, sexual assault, or stalking. Additional information on
contractor requirements and worker protections under the EO is available at
www.dol.gov/whd/govcontracts.
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.48 per hour or $179.20 per week or $776.53 per month

HEALTH & WELFARE EO 13706: $4.18 per hour, or $167.20 per week, or $724.53 per
month*

*This rate is to be used only when compensating employees for performance on an

SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for
Federal Contractors. A contractor may not receive credit toward its SCA
obligations for any paid sick leave provided pursuant to EO 13706.

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) 31
HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther
King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day,
Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A
contractor may substitute for any of the named holidays another day off with pay
in accordance with a plan communicated to the employees involved.) (See 29 CFR
4.174)

VACATION (Hawaii): 2 weeks paid vacation after 1 year of service with a

contractor or successor; 3 weeks after 10 years, and 4 weeks after 15 years.
Length of service includes the whole span of continuous service with the present
contractor or successor, wherever employed, and with the predecessor contractors
in the performance of similar work at the same Federal facility. (Reg. 29 CFR
4.173)

HEALTH & WELFARE (Hawaii): $1.91 per hour, or $76.40 per week, or $331.07 per
month for all employees on whose behalf the contractor provides health care
benefits pursuant to the Hawaii prepaid Health Care Act. For those employees who
are not receiving health care benefits mandated by the Hawaii prepaid Health
Care Act, the new health and welfare benefit rate will be $4.48 per hour.

HEALTH & WELFARE (Hawaii EO 13706): $1.63 per hour, or $65.20 per week, or
$282.53 per month for all employees on whose behalf the contractor provides
health care benefits pursuant to the Hawaii prepaid Health Care Act. For those
employees who are not receiving health care benefits mandated by the Hawaii
prepaid Health Care Act, the new health and welfare benefit rate will be $4.18
per hour. *

*This rate is to be used only when compensating employees for performance on an

SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for
Federal Contractors. A contractor may not receive credit toward its SCA
obligations for any paid sick leave provided pursuant to EO 13706.

** 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
32
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 **

Under the policy and guidance contained in All Agency Memorandum No. 159, the
Wage and Hour Division does not recognize, for section 4(c) purposes,
prospective wage rates and fringe benefit provisions that are effective only
upon such contingencies as "approval of Wage and Hour, issuance of a wage
determination, incorporation of the wage determination in the contract,
adjusting the contract price, etc." (The relevant CBA section) in the collective
bargaining agreement between (the parties) contains contingency language that
Wage and Hour does not recognize as reflecting "arm's length negotiation" under
section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage
determination therefore reflects the actual CBA wage rates and fringe benefits
paid under the predecessor contract.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the
"Service Contract Act Directory of Occupations", Fifth Edition (Revision 1),
dated September 2015, unless otherwise indicated.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE

Standard Form 1444 (SF-1444)

Conformance Process:

The contracting officer shall require that any class of service employee which
is not listed herein and which is to be employed under the contract (i.e., the
work to be performed is not performed by any classification listed in the wage
determination), be classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination. Such
conformed classes of employees shall be paid the monetary wages and furnished
the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming
procedures shall be initiated by the contractor prior to the performance of
contract work by such unlisted class(es) of employees (See 29 CFR
4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of
conformed classification, wage rate, and/or fringe benefits which shall be
retroactive to the commencement date of the contract (See 29 CFR
4.6(b)(2)(iv)(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 33

order the proposed classification title(s), a Federal grade equivalency (FGE)
for each proposed classification(s), job description(s), and rationale for
proposed wage rate(s), including information regarding the agreement or
disagreement of the authorized representative of the employees involved, or
where there is no authorized representative, the employees themselves. This
report should be submitted to the contracting officer no later than 30 days
after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a
report of the action, together with the agency's recommendations and pertinent
information including the position of the contractor and the employees, to the
Wage and Hour Division, U.S. Department of Labor, for review (See 29 CFR
4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or
disapproves the action via transmittal to the agency contracting officer, or
notifies the contracting officer that additional time will be required to
process 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 ensure
that duties requested are not performed by a classification already listed in
the wage determination. Remember, it is not the job title, but the required
tasks that determine whether a class is included in an established wage
determination. Conformances may not be used to artificially split, combine, or
subdivide classifications listed in the wage determination.

34