Revision as of 16:47, 19 October 2019

Text

Order No.31310019Q0027 Under Contract No. 31310019C0010
	ML19191A166
Person / Time
Issue date:	07/05/2019
From:	Mark Lohrmann; Acquisition Management Division
To:	; Schindler Elevator Corp
References
	31310019C0010
	Download: ML19191A166 (41)
	v • d • e

1. REQUISITION NUMBER PAGE OF SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 ADM-19-0031 1 20

2. CONTRACT NO. 3. AWARD/ 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION 31310019C0010 EFFECTIVE DATE 31310019Q0027 ISSUE DATE 04/19/2019

7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/LOCAL TIME INFORMATION CALL: MARK LOHRMANN 301-415-7963 ET

9. ISSUED BY CODE NRCHQ 10. THIS ACQUISITION IS X UNRESTRICTED OR SET ASIDE: % FOR:

WOMEN-OWNED SMALL BUSINESS US NRC - HQ SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED ACQUISITION MANAGEMENT DIVISION HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 811310 BUSINESS EDWOSB MAIL STOP TWFN-07B20M SERVICE-DISABLED 8(A)

WASHINGTON DC 20555-0001 VETERAN-OWNED SIZE STANDARD: $7.50 SMALL BUSINESS

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS 13a. THIS CONTRACT IS A MARKED 30 RATED ORDER UNDER

14. METHOD OF SOLICITATION SEE SCHEDULE DPAS (15 CFR 700)

RFQ IFB X RFP

15. DELIVER TO CODE NRCHQ 16. ADMINISTERED BY CODE NRCHQ NUCLEAR REGULATORY COMMISSION US NRC - HQ NUCLEAR REGULATORY COMMISSION ACQUISITION MANAGEMENT DIVISION WASHINGTON DC 20555-0001 MAIL STOP TWFN-07B20M WASHINGTON DC 20555-0001 17a. CONTRACTOR/ CODE 132057121 FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE NRCPAYMENTS OFFEROR SCHINDLER ELEVATOR CORPORATION FISCAL ACCOUNTING PROGRAM 6800 MUIRKRIK RD ADMIN TRAINING GROUP AVERY STREET A3-G BELTSVILLE MD 207051255 BUREAU OF THE FISCAL SERVICE PO BOX 1328 PARKERSBURG WV 26106-1328 TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT The contractor shall provide elevator maintenance, operation and repair for the U.S.

Nuclear Regulatory Commission's Two White Flint North building, in accordance with the statement of work, Attachment 1.

Period of Performance: 07/06/2019 to 07/05/2020 (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

$1,136,948.76 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

X 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE X ARE NOT ATTACHED.

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REF. OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED 07/05/2019 MARK S. LOHRMANN 07/05/2019 AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

2 of 20

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 32a. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER CORRECT FOR COMPLETE PARTIAL FINAL PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location) 42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS STANDARD FORM 1449 (REV. 2/2012) BACK

31310019C0010 Page 3 of 20 SECTION B - Services/Prices B.1 PRICE SCHEDULE Base Period: July 6, 2019 - July 5, 2020 Item No. Description of Services Quantity Unit Fixed Price/Month Amount Basic full-service maintenance including all 12 MO $

parts and labor to perform requirements in 00001 Attachment 1, Statement of Work Fixed Hourly Rate Not to Exceed/Yr.

As-requested by COR for additional on- 18 HR $ $

site elevator support Total for Base $

Period Option Period 1: July 6, 2020 - July 5, 2021 Item No. Description of Services Quantity Unit Unit Price Amount Basic full-service maintenance including all 12 MO parts and labor to perform requirements in 10001 Attachment 1, Statement of Work Fixed Hourly Rate Not to Exceed/Yr.

As-requested by COR for additional on- 18 HR site elevator support Total for Option Period 1 Option Period 2: July 6, 2021 - July 5, 2022 Item No. Description of Services Quantity Unit Unit Price Amount Basic full-service maintenance including all 12 MO $

parts and labor to perform requirements in 20001 Attachment 1, Statement of Work Fixed Hourly Rate Not to Exceed/Yr.

As-requested by COR for additional on- 18 HR site elevator support Total for Option Period 2

31310019C0010 Page 4 of 20 Option Period 3: July 6, 2022 - July 5, 2023 Item No. Description of Services Quantity Unit Unit Price Amount Basic full-service maintenance including all 12 MO parts and labor to perform requirements in 30001 Attachment 1, Statement of Work Fixed Hourly Rate Not to Exceed/Yr As-requested by COR for additional on- 18 HR site elevator support Total for Option Period 3 Option Period 4: July 6, 2023 - July 5, 2024 Item No. Description of Services Quantity Unit Unit Price Amount Basic full-service maintenance including all 12 MO $

parts and labor to perform requirements in 40001 Attachment 1, Statement of Work Fixed Hourly Rate Not to Exceed/Yr As-requested by COR for additional on- 18 HR site elevator support Total for Option Period 4 TOTAL FOR BASE PERIOD AND 4 OPTION PERIODS $1,136,948.76 B.2 CONSIDERATION AND OBLIGATION--FIRM-FIXED-PRICE The total amount of the firm-fixed price portion of this contract is $109,679.88 and this amount is partially funded.

B.3 CONSIDERATION AND OBLIGATION LABOR-HOUR The total amount currently obligated for the labor-hour portion of this contract is $3,600.00.

The obligated amount may be unilaterally increased from time to time by the Contracting Officer by written modification to this contract. The obligated amount shall, at no time, exceed the contract ceiling as specified in Section B.1 Price Schedule. When and if the amount(s) paid and payable to the Contractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this contract. Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the Contractor's sole risk.

31310019C0010 Page 5 of 20 SECTION C - CONTRACT CLAUSES ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--

COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives 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 clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

C.3 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective--

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require

31310019C0010 Page 6 of 20 subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

C.4 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number.

This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert "None") Identification No.

______________________________________

______________________________

______________________________________

______________________________

______________________________________

______________________________

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

31310019C0010 Page 7 of 20 (1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) Obtain medical treatment for those affected by the material; and (iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

C.5 NRC ACQUISTION REGULATION (NRCAR) PROVISIONS AND CLAUSES (AUG 2011)

Applicable NRCAR provisions and clauses located in 48 CFR Chapter 20 are hereby incorporated by reference into this order.

C.6 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond Jan 05, 2020. The Governments obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond Jan 05, 2020, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

C.7 52.246-20 WARRANTY OF SERVICES (MAY 2001)

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor . This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services, or (2) that the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

31310019C0010 Page 8 of 20 (d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

C.8 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):

https://www.acquisition.gov/far/

52.245-1 GOVERNMNET PROPERTY APR 2012 I030 NRC ACQUISITION REGULATION (NRCAR) AUG 2011 PROVISIONS AND CLAUSES (End of Addendum to 52.212-4)

C.9 N/A C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2019)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

[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)).

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

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

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

31310019C0010 Page 9 of 20

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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 Set-Aside (Nov 2011) (15 U.S.C.644). [

] (ii) Alternate I (Nov 2011).

[ ] (iii) Alternate II (Nov 2011).

(15)

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

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

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

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)

[ ] (i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15 U.S.C. 637(d)(4)) [

] (ii) Alternate I (Jan 2017) of 52.219-9.

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

(iv) Alternate III (Nov 2016) of 52.219-9. [ ]

(v) Alternate IV (Aug 2018) 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 (Dec2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018)

(E.O.13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(28)

[X] (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). [

] (ii) Alternate I (Feb 1999) of 52.222-26.

(29)

31310019C0010 Page 10 of 20

[X] (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). [

] (i) Alternate I (July 2014) of 52.222-35.

(30)

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

] (ii) Alternate I (July 2014) of 52.222-36.

[X] (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

(33)

[X] (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

[X] (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)

[ ] (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.)

[ ] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[ ] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

(38)

[ ] (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.

(39)

[ ] (i) 52.223-14, Acquisition of EPEAT-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun2014) of 52.223-14.

[ ] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

(41)

[ ] (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] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

[X] (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

(45)

[ ] (i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a). [

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

[ ] (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

[ ] (47)

[ ] (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.

4001note, 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.

[ ] (48) 52.225-5, Trade Agreements (Aug 2016) (19 U.S.C.2501, et seq., 19 U.S.C.

31310019C0010 Page 11 of 20 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (50) 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).

[ ] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

[ ] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

[ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

[ ] (54) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

[ ] (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

[ ] (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

[ ] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

(60)

[ ] (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.

[ ] (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

[ ] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[ ] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

[ ] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

[X] (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).

(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.

31310019C0010 Page 12 of 20 (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 Contractors directly pertinent records involving transactions related to this contract.

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 52.222-17, Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xi) 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.

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 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).

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

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

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix)

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

31310019C0010 Page 5 of 20 (B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items C.11 ELECTRONIC PAYMENT (AUG 2011)

The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled "Payment by Electronic Funds- Central Contractor Registration".

To receive payment, the contractor shall prepare invoices in accordance with NRC's Billing Instructions.

C.12 DETERMINATION OF MINIMUM WAGES AND FRINGE BENEFITS - SERVICE CONTRACT ACT (AUG 2011)

Each employee of the Contractor or any subcontractor performing services under this contract shall be paid at least the minimum allowable monetary wage and fringe benefits prescribed under the U.S. Department of Labor Wage Determination attached to the contract.

C.13 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS (AUG 2011)

Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information," normally at or near the time the contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared (state time for annual evaluation). Final evaluations of contractor performance will be prepared at the expiration of the contract during the contract closeout process.

The Contracting Officer will transmit the NRC Contracting Officer's Representative's (COR) annual and final contractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by the contractor.

The contractor will be permitted thirty days to review the document and submit comments, rebutting statements, or additional information.

Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer will consider such evaluation final and releasable for source selection purposes. Disagreements between the parties regarding a performance evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.

The Contracting Officer will send a copy of the completed evaluation report, marked "Source Selection Information", to the contractor's Project Manager for their records as soon as practicable after it has been finalized.

The completed evaluation report also will be used as a tool to improve communications between the NRC and the contractor and to improve contract performance.

31310019C0010 Page 6 of 20 The completed annual performance evaluation will be used to support future award decisions in accordance with FAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information, the completed annual performance evaluation will be released to only two parties - the Federal government personnel performing the source selection evaluation and the contractor under evaluation if the contractor does not have a copy of the report already.

C.14 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS (AUG 2011)

NRC contractors are responsible to ensure that their alien personnel are not in violation of United States immigration laws and regulations, including employment authorization documents and visa requirements. Each alien employee of the Contractor must be lawfully admitted for permanent residence as evidenced by Permanent Resident Form I-551 (Green Card), or must present other evidence from the U.S. Department of Homeland Security/U.S.

Citizenship and Immigration Services that employment will not affect his/her immigration status. The U.S. Citizenship and Immigration Services provides information to contractors to help them understand the employment eligibility verification process for non-US citizens. This information can be found on their website, http://www.uscis.gov/

portal/site/uscis.

The NRC reserves the right to deny or withdraw Contractor use or access to NRC facilities or its equipment/services, and/or take any number of contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractor violate the Contractor's responsibility under this clause.

C.15 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES (AUG 2011)

(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to the Whistleblower Employee Protection public law provisions as codified at 42 U.S.C. 5851. NRC contractor(s) and subcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and the implementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures on Handling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures and the requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24 entitled: "Your Rights Under the Energy Reorganization Act".

(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRC contractor and subcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or other employment discrimination practices with respect to compensation, terms, conditions or privileges of their employment because the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage in unlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic Energy Act of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended).

(b) The contractor shall insert this or the substance of this clause in any subcontracts involving work performed under this contract.

C.16 2052.204-71 BADGE REQUIREMENTS FOR UNESCORTED BUILDING ACCESS TO NRC FACILITIES (MAR 2006)

31310019C0010 Page 7 of 20 During the life of this contract, the rights of ingress and egress for contractor personnel must be made available, as required, provided that the individual has been approved for unescorted access after a favorable adjudication from the Security Branch, Division of Facilities and Security (SB/DFS).

In this regard, all contractor personnel whose duties under this contract require their presence on site shall be clearly identifiable by a distinctive badge furnished by the NRC. The Project Officer shall assist the contractor in obtaining badges for the contractor personnel. All contractor personnel must present two forms of Identity Source Documents (I-9). One of the documents must be a valid picture ID issued by a state or by the Federal Government.

Original I-9 documents must be presented in person for certification. A list of acceptable documents can be found at http://www.usdoj.gov/crt/recruit_employ/i9form.pdf. It is the sole responsibility of the contractor to ensure that each employee has a proper NRC-issued identification/badge at all times. All photo-identification badges must be immediately (no later than three days) delivered to SB/DFS for cancellation or disposition upon the termination of employment of any contractor personnel. Contractor personnel must display any NRC issued badge in clear view at all times during on site performance under this contract. It is the contractor's duty to assure that contractor personnel enter only those work areas necessary for performance of contract work, and to assure the protection of any Government records or data that contractor personnel may come into contact with.

C.17 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (AUG 2011)

The Contractor shall ensure that all its employees, subcontractor employees or consultants who are assigned to perform the work herein for contract performance for periods of more than 30 calendar days at NRC facilities, are approved by the NRC for unescorted NRC building access.

The Contractor shall conduct a preliminary federal facilities security screening interview or review for each of its employees, subcontractor employees, and consultants and submit to the NRC only the names of candidates for contract performance that have a reasonable probability of obtaining approval necessary for access to NRC's federal facilities. The Contractor shall pre-screen its applicants for the following:

(a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five (5) years; (c) record of any military courts-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substances possession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlled substances in the last seven (7) years; and (e) delinquency on any federal debts or bankruptcy in the last seven (7) years.

The Contractor shall make a written record of its pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (e)), and have the applicant verify the pre-screening record or review, sign and date it. Two (2) copies of the pre-screening signed record or review shall be supplied to the Division of Facilities and Security, Personnel Security Branch (DFS/PSB) with the Contractor employee's completed building access application package.

The Contractor shall further ensure that its employees, any subcontractor employees and consultants complete all building access security applications required by this clause within fourteen (14) calendar days of notification by DFS/PSB of initiation of the application process. Timely receipt of properly completed records of the Contractor's signed pre-screening record or review and building access security applications (submitted for candidates that have a reasonable probability of obtaining the level of access authorization necessary for access to NRC's facilities) is a contract requirement. Failure of the Contractor to comply with this contract administration requirement may be a basis to cancel the award, or terminate the contract for default, or offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the Contractor. In the event of cancellation or termination, the NRC may select another firm for contract award.

31310019C0010 Page 8 of 20 A Contractor, subcontractor employee or consultant shall not have access to NRC facilities until he/she is approved by DFS/PSB. Temporary access may be approved based on a favorable NRC review and discretionary determination of their building access security forms. Final building access will be approved based on favorably adjudicated checks by the Government. However, temporary access approval will be revoked and the Contractor's employee may subsequently be denied access in the event the employee's investigation cannot be favorably determined by the NRC. Such employee will not be authorized to work under any NRC contract requiring building access without the approval of DFS/PSB. When an individual receives final access, the individual will be subject to a review or reinvestigation every five (5) or ten (10) years, depending on their job responsibilities at the NRC.

The Government shall have and exercise full and complete control and discretion over granting, denying, withholding, or terminating building access approvals for individuals performing work under this contract. Individuals performing work under this contract at NRC facilities for a period of more than 30 calendar days shall be required to complete and submit to the Contractor representative an acceptable OPM Standard Form 85 (Questionnaire for Non-Sensitive Positions), and two (2) FD 258 (Fingerprint Charts). Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than five (5) years residency in the U.S. will not be approved for building access. The Contractor shall submit the documents to the NRC Contracting Officer's Representative (COR) who will give them to DFS/PSB.

DFS/PSB may, among other things, grant or deny temporary unescorted building access approval to an individual based upon its review of the information contained in the OPM Standard Form 85 and the Contractor's pre-screening record. Also, in the exercise of its authority, the Government may, among other things, grant or deny permanent building access approval based on the results of its review or investigation. This submittal requirement also applies to the officers of the firm who, for any reason, may visit the NRC work sites for an extended period of time during the term of the contract. In the event that DFS/ PSB are unable to grant a temporary or permanent building access approval, to any individual performing work under this contract, the Contractor is responsible for assigning another individual to perform the necessary function without any delay in the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract. The Contractor is responsible for informing those affected by this procedure of the required building access approval process (i.e., temporary and permanent determinations), and the possibility that individuals may be required to wait until permanent building access approvals are granted before beginning work in NRC's buildings.

CANCELLATION OR TERMINATION OF BUILDING ACCESS/ REQUEST The Contractor shall immediately notify the PO when a Contractor or subcontractor employee or consultant's need for NRC building access approval is withdrawn or the need by the Contractor employee's for building access terminates. The PO will immediately notify DFS/PSB (via e-mail) when a Contractor employee no longer requires building access. The Contractor shall be required to return any NRC issued badges to the Contracting Officer's Representative (COR) for return to DFS/FSB (Facilities Security Branch) within three (3) days after their termination.

C.18 Contracting Officers Representative Authority (a) The contracting officer's representative (COR) for this contract is:

Gregory Chicca Email: gregory.chicca@nrc.gov Phone: 301-415-6928 (b) The COR shall:

31310019C0010 Page 9 of 20 (1) Monitor contractor performance and recommend changes in requirements to the contracting officer.

(2) Inspect and accept products/services provided under the delivery order.

(3) Review all contractor invoices/vouchers requesting payment for products/services provided under the delivery order and make recommendations for approval, disapproval, or suspension.

The COR may not make changes to the express terms and conditions of this delivery order.

AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS The contracting officer is the only individual who can legally obligate funds or commit the NRC to the expenditure of public funds in connection with this procurement. This means that unless provided in a contract document or specifically authorized by the contracting officer, CORs or other NRC personnel may not issue contract modifications, give formal contractual commitments, or otherwise bind, commit, or obligate the NRC contractually.

Informal unauthorized commitments, which do not obligate the NRC and do not entitle the contractor to payment, may include:

(1) Encouraging a potential contractor to incur costs prior to receiving a contract; (2) Requesting or requiring a contractor to make changes under a contract without formal contract modifications; (3) Encouraging a contractor to incur costs under a cost-reimbursable contract that exceed those costs contractually allowable; and (4) Committing the Government to a course of action regarding a potential contract, contract change, claim, or dispute.

C.19 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (AUG 2011)

All contractor employees, subcontractor employees, and consultants proposed for performance or performing under this contract shall be subject to pre- assignment, random, reasonable suspicion, and post-accident drug testing applicable to: (1) individuals who require unescorted access to nuclear power plants, (2) individuals who have access to classified or safeguards information, (3) individuals who are required to carry firearms in performing security services for the NRC, (4) individuals who are required to operate government vehicles or transport passengers for the NRC, (5) individuals who are required to operate hazardous equipment at NRC facilities, or (6) individuals who admit to recent illegal drug use or those who are found through other means to be using drugs illegally. The Plan includes a contractor's employees and their subcontractors are subject to the procedures and terms of their employment agreements with their employer.

The NRC Drug Program Manager will schedule the drug testing for all contractor employees, subcontractor employees, and consultants who are subject to testing under this clause. Any NRC contractor found to be using, selling, or possessing illegal drugs, or any contractor with a verified positive drug test result under this program while

31310019C0010 Page 10 of 20 in a duty status will immediately be removed from working under the NRC contract. The contractor's employer will be notified of the denial or revocation of the individual's authorization to have access to information and ability to perform under the contract. The individual may not work on any NRC contract for a period of not less than one year from the date of the failed drug test and will not be considered for reinstatement unless evidence of rehabilitation, as determined by the NRC "drug testing contractor's" Medical Review Officer, is provided.

Contractor drug testing records are protected under the NRC Privacy Act Systems of Records, System 35, "Drug Testing Program Records - NRC" found at: http://www.nrc.gov/reading-rm/foia/privacy-systems.html C.20 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS (AUG 2011)

Prior to occupying any government provided space at NRC HQs in Rockville Maryland, the Contractor shall obtain written authorization to occupy specifically designated government space, via the NRC Contracting Officer's Representative (COR), from the Chief, Space Design Branch, ADSPC. Failure to obtain this prior authorization can result in one, or a combination, of the following remedies as deemed appropriate by the Contracting Officer.

(1) Rental charge for the space occupied will be deducted from the invoice amount due the Contractor (2) Removal from the space occupied (3) Contract Termination C.21 GREEN PURCHASING (SEP 2015)

(a) In furtherance of the sustainable acquisition goals of Executive Order (EO) 13693,"Planning for Federal Sustainability in the Next Decade," products and services provided under this contract/order shall be energy efficient (EnergyStar or Federal EnergyManagement Program - FEMP-designated products), water efficient, biobased, environmentally preferable (excluding EPEAT-registered products), non-ozone depleting, contain recycled content, or are non- or low toxic alternatives or hazardous constituents (e.g., non-VOC paint), where such products and services meet agency performance requirements. See: Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade."

(b) The NRC and contractor may negotiate during the delivery order term to permit the substitution or addition of designated recycled content products (i.e., Comprehensive Procurement Guidelines - CPG), EPEAT-registered products, EnergyStar- and FEMP designated energy efficient products and appliances, USDA designated biobased products (Biopreferred program), environmentally preferable products, WaterSense and other water efficient products, products containing non- or lower-ozone depleting substances (i.e., SNAP), and products containing non- or low-toxic or hazardous constituents (e.g., non-VOC paint), when such products and services are readily available at a competitive cost and satisfy the NRCs performance needs.

(c) The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this delivery order C.22 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS (AUG 2011)

The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be made by Electronic Funds Transfer. lt is the policy of the Nuclear Regulatory Commission to pay government vendors by

31310019C0010 Page 11 of 20 the Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.

C.23 ELECTRONIC PAYMENT (DEC 2017)

The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled Payment by Electronic Funds Transfer-System for Award Management.

To receive payment, the contractor shall prepare invoices in accordance with NRCs Billing Instructions. Claims shall be submitted through the Invoice Processing Platform (IPP) (https://www.ipp.gov/). Back up documentation shall be included as required by the NRCs Billing Instructions.

BILLING INSTRUCTIONS General: During performance and through final payment of this delivery order, the contractor is responsible for the accuracy and completeness of data within the System for Award Management (SAM) database and the Invoice Processing Platform (IPP) system and for any liability resulting from the Governments reliance on inaccurate or incomplete SAM and/or IPP data.

The contractor shall prepare invoices/vouchers for payment of deliverables identified in the delivery order, in the manner described herein. FAILURE TO SUBMIT INVOICES/VOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONS MAY RESULT IN REJECTION OF THE INVOICE/VOUCHER AS IMPROPER.

Electronic Invoice/Voucher Submissions: Invoices/vouchers shall be submitted electronically to the U.S. Nuclear Regulatory Commission (NRC) is through the Invoice Processing Platform (IPP) at www.ipp.gov.

Purchase of Capital Property: ($50,000 or more with life of one year or longer)

Contractors must report to the Contracting Officer, electronically, any capital property acquired with contract funds having an initial cost of $50,000 or more, in accordance with procedures set forth in NRC Management Directive (MD) 11.1, NRC Acquisition of Supplies and Services.

Agency Payment Office: Payment will be made by the office designated in the contract in Block 18a of Standard Form 1449.

Supporting Documentation: Any supporting documentation required to substantiate the amount billed shall be included as an attachment to the invoice created in IPP. If the necessary supporting documentation is not included, the invoice will be rejected. Final vouchers/invoices shall be marked "FINAL INVOICE" or "FINAL VOUCHER".

Does my company need to register in IPP?

If your company is currently registered in IPP and doing business with other Federal Agencies in IPP, you will not be required to re-register. If your company is not currently registered in IPP, please note the following:

You will be receiving an invitation to register for IPP from IPP Customer Support, STLS.IPPHELPDESK@stls.frb.org.

IPP Customer Support will send you two emails: the first email will contain the initial administrative IPP User ID and the second email, sent within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months of receipt of the first email, will contain a temporary password.

Please add the Customer Support email address (STLS.IPPHELPDESK@stls.frb.org) to your address book so you do not disregard these emails or mistake them for spam.

During registration, one initial administrative user account will be created for your company and this user will be responsible for setting up all other user accounts including other administrators.

31310019C0010 Page 12 of 20

Registration is complete when the initial administrative user logs into the IPP web site with the User ID and password provided by Treasury and accepts the rules of behavior.

What type of is training provided?

Vendor training materials, including a first time login tutorial, user guides, a quick reference guide, and frequently asked questions are available on Treasurys IPP website. Individuals within your company responsible for submitting invoices should review these materials before work begins on the contract.

How do I receive assistance with IPP?

Treasurys IPP Customer Support team provides vendor assistance related to the IPP application, and is also available to assist IPP users and to answer any questions related to accessing IPP or completing the registration process. IPP application support is also available via phone at (866) 973-3131, Monday through Friday from 8:00 am to 6:00 pm ET, and via email at IPPCustomerSupport@fiscal.treasury.gov.

Specific questions regarding the contract or task order should be directed to the appropriate NRC Contracting Officer SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS Statement of Work, 9 pages NRC Form 187, Contract Security and/or Classification Requirements, 2 pages Wage Determination No. 2015-4269, Revision 8, dated 1/01/2019, 10 pages

ATTACHMENT 1 Page 1 of 9 STATEMENT OF WORK C.1 Title of Project This is a non-personal services contract to provide Operation, Maintenance and Repair of Elevators in the U.S. Nuclear Regulatory Commissions Two White Flint North (TWFN) Building (TWFN).

C.2 Background There are nine elevators in TWFN. The nine elevators include eight main elevators that service floors P4 through 10, and one hydraulic elevator, which responds to calls on P1 and P2 auditorium levels and the first floor lobby. In addition, TWFN has a wheelchair lift located in the Atomic Safety and Licensing Board Panel (ASLBP)s Judges Chambers on the third floor. The contractor shall maintain the nine elevators and wheelchair lift in accordance with the tasks described under C.4.

C.3 Objective The contractor shall provide labor, supplies, and equipment necessary for the maintenance, operation, and repair functions of elevator systems in TWFN. The maintenance service equipment referenced in this SOW include all machine room components, hoist way components, cab and all of its components, and hardware associated with elevator functionality.

C.4 Scope of Work/Tasks The contractor shall provide all resources necessary to accomplish the tasks and deliverables described in this SOW. The on-call emergency services shall be included as part of the basic full-service maintenance services, which covers the maintenance of all elevators and wheelchair lift in the TWFN building. The contractor shall make all efforts to maximize the life expectancy of the equipment and systems. This includes the following:

The contractor shall maintain the TWFN elevators so that the elevators operate safely and do not cause any harm to people or objects.

The contractor shall maintain all assigned machinery spaces, shops and storerooms at the TWFN building in a clean and orderly manner. When work is performed in any of these areas, the contractor's personnel shall clean up all debris, grease and oil, and leave the area in a presentable condition. The machinery room, including floor, and the equipment located within the machinery rooms shall be painted, per the Contracting Officers Representative (COR) request, in the existing color scheme, to maintain the appearance of the room and equipment. The contractor shall also maintain equipment labels to identify the equipment. Operating supplies such as packing, lubricants, rags, and cleaners shall be properly secured in containers and stored in accordance with National Fire Protection Association recommendations.

Prior to when the contractor removes, opens, or dismantles elevator components such that the elevator needs to be out of service during normal business hours defined in this SOW, the contractor shall obtain the CORs written approval and provide the COR with 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months of written advanced notice prior to performing the work. The advanced notice shall include a definite date

ATTACHMENT 1 Page 2 of 9 and time for when the contractor shall begin work, so that the COR may be available to inspect the components and equipment before, during, and after the work is performed. If the contractor requests a change to the date and time of the COR-approved notice, the contractor shall immediately notify the COR verbally and follow-up via email to the COR with a revised date and time.

The COR reserves the right to inspect the contractor's performance of maintenance or repair work. Upon receipt of the COR's approval, and prior to initiating maintenance or repair of the elevator, the contractor shall place cautionary tape at each landing that the elevator serves to notify building occupants that the elevator is out of service. If emergency repairs are needed, the contractor shall verbally notify the COR or an Alternate COR as soon as an emergency repair is detected. The contractor shall follow-up and send an email to the COR within 30 minutes after completion of repairs. All maintenance, adjustment, repairs, or tests which require the elevator to be taken out of service shall be performed Monday through Friday between 6 p.m. and 6 a.m. Eastern Standard Time (EST) and at any time on weekends or holidays.

Loss, Damage, or Delay The contractor shall not be liable for loss, damage, or delay due to any cause beyond the contractor's control such as acts of Government, labor disputes, fire, explosion, theft, extreme weather, flood, earthquakes, riots, civic commotion, war, or vandalism.

Power Bumps The contractor shall be responsible for service calls related to power fluctuations caused by weather events and utility company events such as power bumps. This service shall be covered by the contractor under the basic maintenance services line item.

Contractor Training for Security Guards To ensure that COR-designated officials (NRC Security Guards) are familiar with the procedures for taking the elevators out of service, the elevator mechanic shall train the NRC Security Guards at the CORs request. The Security Guards will only accept direction from the COR for taking elevators out of service, or for performing lock-off service requests. The COR will designate who will be trained on how to lock-off elevators, subsequent to contract award.

C.4.1 INSPECTION AND TESTS In conducting all required inspections and tests, the following shall apply:

a. The contractor shall schedule all inspections and tests between the hours of 6 p.m. and 6 a.m. Monday- Friday, and on weekends or holidays, with the COR and State Elevator Inspector and shall electronically submit the schedule (titled Inspection Test Schedule) to the COR for the COR's written approval at least fifteen calendar (15) days prior to the tests being performed.

The contractor shall not perform tests without receiving the CORs written approval.

b. In preparation for any test, the contractor shall ensure that all equipment is in proper operating condition.

ATTACHMENT 1 Page 3 of 9

c. The contractor shall ensure that all inspections and tests are performed in accordance with the National American Standard Safety Code for Elevators and Escalation A17.1 (current edition), and Inspection Manual A17.2, as well as any Federal, State and local codes.

d. The contractors elevator mechanic shall accompany the State Elevator Inspector and the COR during all elevator inspections and tests. The contractor shall identify all deficiencies and electronically submit to the COR a Deficiency Report no later than three (3) business days of identifying deficiencies. In addition to the deficiencies, the contractor shall submit a Deficiency Report Schedule for the anticipated date and time corrections or repairs shall take place.

e. The contractor shall obtain the CORs written approval via email before commencing with the deficiency corrections or repairs in accordance with the Deficiency Report Schedule. In addition, prior to performing any other corrective actions not identified in the Deficiency Report, the contractor shall obtain the COR's written approval.

Five-Year Governor Safety and Buffer Test (During Option Year Three)

The contractor shall perform the Five-Year Governor Safety and Buffer Test within 45 calendar days after the beginning of Option Year Three, if Option Year Three is exercised. Upon completion of this test, the contractor shall notify the COR verbally and in writing of the date of the tests and the deficiencies, if any, found by the State Elevator Inspector within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months of the inspection. The COR will then notify the contractor on the schedule for correcting any deficiencies identified. Following the CORs direction, the contractor shall correct all defects found by the State Elevator Inspector. Upon correction of all deficiencies, the contractor shall obtain the updated certificates, with appropriate signature, from the State Elevator Inspector.

The certificate shall be countersigned by the contractor's elevator maintenance supervisor. The GSA Form 55, or approved substitute form, shall be displayed in the appropriate compartment in the corresponding elevator(s).

NOTE: This Five-Year Governor Safety and Buffer Tests are to be performed only during Option Year Three as a basic contract service. Therefore, the total price for elevator maintenance for Option Year Three shall include the cost of performing this test.

Annual Elevator System Evaluation

a. Within sixty calendar (60) days after the effective date of the contract, and on an annual basis thereafter, the contractor shall conduct an annual evaluation of the entire elevator system. The factory engineer or adjuster who has been factory-trained shall conduct the annual inspection. Within fifteen calendar (15) days after completion of the evaluation, the contractor shall electronically provide a written report to the COR (titled Annual Elevator System Evaluation Report), which certifies that all components and systems are operating at peak performance and as originally designed.

The report shall include the following: (1) Company Names "ComputerCheck" analysis; (2) brake-to-brake flight times; (3) door-operating speed (open and closing) and pressure; (4) door-operating times (Stand Open/Transfer Time); (5) actual conditions as compared to the elevators design standards; and (6) Identify if the condition requires an adjustment or a major repair. The contractor shall also electronically submit a repair schedule with the Annual Elevator System Evaluation Report for COR approval prior to performing any repairs.

ATTACHMENT 1 Page 4 of 9

b. After the report has been submitted, the contractor shall make all adjustments no later than thirty (30) calendar days from receipt of COR approval of the report and major repairs no later than ninety (90) calendar days from receipt of COR approval of the report.

c. The wheelchair lift located in the ACRS Judges Chambers on the third floor of TWFN shall require an annual inspection in accordance with the manufacturer's codes and procedures and in accordance with all Federal, State and local codes. The contractor shall complete this inspection as part of the Annual Elevator System Evaluation. Any deficiencies found or repairs needed, shall be included with the Annual Elevator System Evaluation Report and Repair Schedule.

C.4.2 SERVICE CALLS Emergency Calls At all times, the COR or the CORs designated official (NRC Security Officer) will contact the contractor by telephone to provide notification of elevator service calls in which case the contractor shall proceed as defined below.

For emergency calls, the contractor shall respond to the elevator in question within thirty (30) minutes of notification from the COR or NRC Security Officer. Emergencies shall include, but not be limited to, entrapments, erratic elevator performance which threatens the health and safety of passengers, and erratic performance which could cause damage to the elevator components and systems. The COR or NRC Security Officer will contact the contractors Hot Line (1-800-225-3123), provide the Building Code (291625), and address (11545 Rockville Pike). Within fifteen (15) minutes, the contractors Hot Liner shall return the CORs call with the Estimated Time of Arrival (ETA). The 30-minute clock begins when the technician responds to the Hot Line call. Any delays will be considered by the COR before applying monetary invoice deductions. The COR will apply up to 5% of the monthly invoice, if the contractor fails to respond within 30 minutes of notification of an emergency. Exceptions may include, but not be limited to: delays from rush hour traffic, inclement weather conditions, or concurrent emergency entrapment in another building. These exceptions will be determined by the COR.

Upon arrival at the site, the contractor shall correct the problem within 30 minutes. If, however, the contractor cannot complete the work within the 30 minute timeframe, because of circumstances beyond the fault or control of the elevator mechanic, the contractor and COR shall mutually agree upon a new completion schedule.

Routine Service Calls At all times, the elevator mechanic shall respond to routine calls for elevator service within two (2) hours of notification from the COR. All elevator service calls, other than those in the Emergency Calls referenced above, shall be regarded as routine calls. Examples of routine service calls include, but are not limited to, the following: inoperable hall button lights and elevator car lights.

Upon arrival at the site, the elevator mechanic shall correct the problem within one hour. If, however, the work cannot be completed because of circumstances beyond the fault or control of the elevator mechanic, the contractor and COR shall mutually agree upon a new completion schedule. If a completion schedule cannot be agreed upon, the Contracting Officer may issue a unilateral decision for completion of repairs.

ATTACHMENT 1 Page 5 of 9 C.4.3 PREVENTIVE MAINTENANCE The contractor shall maintain the elevators to ensure that the maximum number of elevators are available for use.

All preventive maintenance shall be accomplished Monday thru Friday, 6 p.m. to 6 a.m. and on weekends or holidays. The Elevator Preventive Maintenance Plan shall be submitted in the contractor's proposal and made a part of this contract.

The contractor shall perform preventative maintenance, which includes the following:

Scheduling: The contractor shall provide the COR a schedule for accomplishing preventive maintenance. The contractor shall use guide cards for elevator maintenance scheduling from the most recent version of GSA's Buildings Maintenance Management Handbook in conjunction with respective equipment manufacturers' recommendations.

Complying with GSA Handbook Standards: Where the contractor deviates from the GSA's Handbook standards, an explanation for the deviation is required, and if accepted by the COR, the contractor's system shall take precedence. In the event guide cards are not available for a specific piece(s) of equipment, the scheduling of preventive maintenance shall be in accordance with respective manufacturer's recommendations or in accordance with the best practices of the industry.

Posting Maintenance Check Charts: The contractor shall develop, use, and properly maintain a maintenance check chart for each elevator. The check charts shall be posted in the respective elevator machine room. Entries for each chart shall be made by the contractor to indicate the status of all scheduled items of maintenance performed, and initialed for validity. The contractor shall provide copies of maintenance check cards to the COR on a monthly basis within three (3) business days following the month the maintenance was checked.

Completing and Submitting GSA Forms: The contractor shall complete GSA Forms 1-738, Preventive Maintenance Control Cards, i.e., the Daily Report, or COR-approved substitute forms. The contractor shall electronically submit the forms to the COR within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months of completing preventative maintenance work.

Maintaining Elevator Functionality According to Codes: The contractor shall maintain the original contract speed for each elevator cart, in feet per minute, and the original performance time, which includes acceleration and retardation, as designed and installed by the manufacturer. The contractor shall also perform the necessary adjustments to maintain the original door opening and closing time, within limits of applicable codes.

Maintaining Hoisting Ropes: The contractor shall examine, equalize tension and lubricate, as required by code, all hoisting ropes. The contractor shall shorten or replace all hoisting ropes, compensating rope(s), safety drum and governor ropes, and all other wire ropes, pursuant to ANSI A17.1. Red rust (rough) shall be cause for renewing ropes, as may be determined by established code compliance. NRC reserves the right to have the contractor shorten hoisting ropes in the event run-by clearances between counterweight buffer and striker plate become less than six (6) inches. NRC also reserves the right to have the contractor maintain the governor-tension sheave(s) at an acceptable minimum to keep from bottoming out. The contractor shall maintain all buffer piston(s) and guide rails (car and counterweight) free of rust

ATTACHMENT 1 Page 6 of 9 where roller guides are used and properly lubricate where sliding guides are reinstalled. NRC reserves the right to have contractor coat all buffer piston(s) and guide rails with "Prussian Blue" (dye), without additional cost, to prevent oxidation.

Inspecting: The contractor shall inspect all elevator-related equipment and system(s) including all equipment areas to ensure peak performance. The contractor shall replace elevator equipment as soon as they are found defective. The equipment shall include, but not be limited to, the following: receptacles, light fixtures, light sockets, burned out lamps, signal lights and accessory equipment, fluorescent tubes, and LED lights. Incandescent hatchway and pit lighting shall be 130 volt maximum, 60 watts. The contractor shall check all telephone conductors within the hatchway and the elevator cab biweekly with deficiencies reported immediately to the COR via the Daily Report.

Maintaining Proper Materials: The contractor shall ensure that a complete set of standard-size, legible, schematic, wiring diagrams, sequence of operation and parts manual applicable to the particular type or types of equipment being maintained under this contract are located in the machine room. The contractor shall place any updated materials in the machine room and such material shall remain the property of the government upon expiration of the contract.

C.4.4 REPAIR SERVICES The contractor shall provide on-site repair services as determined by the COR.

An on-site mechanic may be required for elevator service during special events such as a fire drill or a Chairmans event at TWFN. NRC will provide a minimum of two (2) hours advanced notice for request of these services.

A repair is defined as work required to prevent a breakdown of the elevator system, or the restoration of service after a breakdown occurs. Additionally, a repair is defined as all architectural and structural maintenance and repair services which will prevent damage and premature deterioration to architectural and structural elevator components. All costs for repairs are included in the basic maintenance services contract price. The contractor shall note all repairs in the Daily Report. See section C.4.3 Preventative Maintenance.

In addition, upon receipt of a work request from the COR, the contractor shall perform all repairs identified therein. All repairs which require taking elevators out of service to prevent a breakdown shall be accomplished after NRC's regular, working hours, which shall be Monday thru Friday, 6 p.m. to 6 a.m. and on weekends or holidays. The contractor shall repair/restore service within 1 hour1.157407e-5 days 2.777778e-4 hours 1.653439e-6 weeks 3.805e-7 months after a breakdown occurs in order to put the elevator back into service.

All parts and materials required for repairs are included in the fixed price of this contract. Repairs not covered by the contractor shall include any items malfunctioning due to vandalism, misuse of equipment, abuse, accidents and anything which is beyond the control of the contractor. See section C.4. on Loss, Damage, or Delay.

C.4.5 QUALITY CONTROL The contractor develop and maintain a Quality Control Plan (QCP) within five (5) calendar days after the effective date of this contract, and each exercised Option Year thereafter. The contractor shall apply the quality control requirements as set forth below. Any proposed updates or changes to the QCP shall be submitted to the COR for their review and written

ATTACHMENT 1 Page 7 of 9 approval before implementing them and then provide the revised QCP to the the COR within five (5) calendar days of the COR's written approval of any changes.

. The contractor shall maintain a Quailty Control Inspection Report, which includes: 1) all quality control inspections conducted by the contractor and signed by an authorized representative of the contractor; (2) findings of those inspections; (3) a log of necessary corrective/remedial actions taken and follow-up activities; and (4) date/time and person(s) conducting the inspection.

The contractor shall provide an electronic copy of the Quailty Control Inspection Report within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months after completion of each inspection. The contractor shall maintain copies in the elevator machine room.

C.5 Reporting Requirements The contractor shall provide incident reports in sufficient detail and in layman's language in order for the COR to clearly understand the elevator problem and what was done to resolve the problem. Therefore, no abbreviations shall be used on these reports.

Preventative Maintenance Control Cards (The Daily Report)

Within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months after preventive maintenance has been completed, the contractor shall provide to the COR, in writing, a preventive maintenance daily report. The report shall list: 1) the date/time and person performing the maintenance; 2) deficiencies discovered while performing the preventive maintenance; and 3) action taken to correct the deficiency. If no deficiencies were discovered, the contractor shall write that there were no deficiencies found.

Monthly Service Call Report Within 10 business days after the end of each month, the contractor shall provide a monthly service call report indicates all service-call work performed for each elevator. This report shall include, at a minimum, the following information: (1) date and time the contractor received the service call from the COR (2) type of service requested from the COR; (3) location (floor) where the problem occurred; (4) elevator number; (5) date and time the elevator mechanic arrived at the elevator; (6) the name of the mechanic; (7) description of the problem and the corrective action taken; (8) date and time the elevator was returned to service; and (9) amount of time required to correct the problem.

Quality Control Plan The QCP include the following:

A thorough description of the contractor's inspection system covering all the services to be provided. The inspection system shall specify the areas and items to be inspected on either a scheduled or unscheduled basis, how often inspections shall be accomplished, the standard against which the inspection shall be performed, and the name and title of the individual who shall perform the inspection.

The nature of remedial action that the contractor shall perform in specified situations, and the period of time within which such action shall be taken.

ATTACHMENT 1 Page 8 of 9 The contractors re-evaluation of work performed to assure compliance with the performance requirements of the contract.

The methods that the contractor shall use to ensure proper inspection of work performed at all times.

C.6 List of Deliverables Section # Deliverable Due Date Format (Readable Submit by email by) to C.4.1 Inspection Test No Later Than (NLT) Microsoft Word or COR Schedule 15 calendar days Adobe PDF prior to performing tests C.4.1 Deficiency Report NLT 3 business Microsoft Word or COR and Schedule days of identifying Adobe PDF deficiencies C.4.1 Five Year Governor NLT 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months upon Microsoft Word or COR Safety Buffer Test completion of the 5- Adobe PDF Results (if Option year governor safety Year 3 is test exercised)

C.4.1 Annual Elevator NLT fifteen calendar Microsoft Word or COR System Evaluation 15 days after Adobe PDF Report and Repair completion of the Schedule evaluation C.4.3 Maintenance NLT 3 business TBD COR Check Chart days following the month the maintenance was checked C.4.3 Preventive NLT 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months of TBD COR Maintenance completing Control Cards (i.e., preventative The Daily Report) maintenance C.4.5 Draft Quality NLT 5 calendar days Microsoft Word COR Control Plan after the effective date of this contract, and each Option Year thereafter (if Option Year is exercised)

C.4.5 Final Quality NLT 5 calendar days Microsoft Word COR Control Plan after COR approval of the draft C.4.5 Quality Control NLT 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months TBD by COR COR Inspection Report following each subsequent to inspection contract award

ATTACHMENT 1 Page 9 of 9 C.5 Monthly Service NLT 10 business TBD by COR COR Call Report days after the end of subsequent to each month contract award C.7 Required Materials, Facilities, Hardware/Software The contractor shall provide maintenance service equipment, to include all machine room components, hoist way components, cab and all of its components, and hardware/software associated with elevator functionality.

C.8 Release of Publications Any documents generated by the contractor under this contract shall not be released for publication or dissemination without CO and COR prior written approval.

C.9 Place of Performance The work to be performed under this contract will be primarily performed at NRCs TWFN building located at 11545 Rockville Pike in Rockville, Maryland 20852-2738.

C.10 Recognized Holidays The Contractor shall respond to emergencies on days that the government is closed due to administrative closings, Federal holidays, as well as any other days as designated by Executive Order.

C.11 Hours of Operation The contractor shall provide on-call, emergency support for 365 days per year, 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months per day.

C.12 Certification and License Requirements The contractor is responsible for ensuring that personnel assigned to perform work required by the SOW possess and maintain the following professional certifications and/or licenses:

Maryland Department of Labor, Licensing and Regulations technician certification National Elevator Industry Educational Program (NEIEP) certification C.13 Key Personnel and Qualification Requirements The contractor shall assign sufficient personnel to ensure timely completion of maintenance and expedite response to service calls and repairs. The personnel shall be fully qualified to maintain the NRCs Schindler Elevator system. The personnel must have successfully completed the training courses offered by the equipment manufacturer and be experienced in the maintenance of such systems. The contractor shall provide to the COR certifications of all personnel who may perform work under this contract no later than the postaward conference for this contract.

Page 1 of 10 WD 15-4269 (Rev.-8) was first posted on www.wdol.gov on 01/01/2019

REGISTER OF WAGE DETERMINATIONS UNDER l U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT l EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor l WAGE AND HOUR DIVISION l WASHINGTON D.C. 20210 l

l l

l Wage Determination No.: 2015-4269 Daniel W. Simms Division of l Revision No.: 8 Director Wage Determinationsl Date Of Revision: 12/26/2018

_______________________________________l____________________________________________

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 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 $10.60 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 2019. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

____________________________________________________________________________________

State: Maryland Area: Maryland Counties of Frederick, Montgomery

____________________________________________________________________________________

- Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 18.76 01012 - Accounting Clerk II 21.05 01013 - Accounting Clerk III 23.55 01020 - Administrative Assistant 35.24 01035 - Court Reporter 21.84 01041 - Customer Service Representative I 14.00 01042 - Customer Service Representative II 15.75 01043 - Customer Service Representative III 17.18 01051 - Data Entry Operator I 16.30 01052 - Data Entry Operator II 17.78 01060 - Dispatcher, Motor Vehicle 20.24 01070 - Document Preparation Clerk 16.90 01090 - Duplicating Machine Operator 16.90 01111 - General Clerk I 14.88 01112 - General Clerk II 16.24 01113 - General Clerk III 18.74 01120 - Housing Referral Assistant 25.29 01141 - Messenger Courier 16.48 01191 - Order Clerk I 16.61 01192 - Order Clerk II 18.12 01261 - Personnel Assistant (Employment) I 18.15 01262 - Personnel Assistant (Employment) II 20.32 01263 - Personnel Assistant (Employment) III 22.65 01270 - Production Control Clerk 26.02 01290 - Rental Clerk 16.55 01300 - Scheduler, Maintenance 18.07 01311 - Secretary I 18.07 01312 - Secretary II 20.18 01313 - Secretary III 25.29 01320 - Service Order Dispatcher 18.10 01410 - Supply Technician 35.24 01420 - Survey Worker 20.03 01460 - Switchboard Operator/Receptionist 14.43 01531 - Travel Clerk I 15.19 01532 - Travel Clerk II 16.47 https://www.wdol.gov/wdol/scafiles/std/15-4269.txt?v=8 04/19/2019

Page 2 of 10 01533 - Travel Clerk III 17.73 01611 - Word Processor I 15.63 01612 - Word Processor II 17.67 01613 - Word Processor III 19.95 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 29.42 05010 - Automotive Electrician 24.58 05040 - Automotive Glass Installer 23.15 05070 - Automotive Worker 23.15 05110 - Mobile Equipment Servicer 19.91 05130 - Motor Equipment Metal Mechanic 25.88 05160 - Motor Equipment Metal Worker 23.15 05190 - Motor Vehicle Mechanic 25.88 05220 - Motor Vehicle Mechanic Helper 18.49 05250 - Motor Vehicle Upholstery Worker 21.63 05280 - Motor Vehicle Wrecker 23.15 05310 - Painter, Automotive 24.58 05340 - Radiator Repair Specialist 23.15 05370 - Tire Repairer 14.44 05400 - Transmission Repair Specialist 25.88 07000 - Food Preparation And Service Occupations 07010 - Baker 13.85 07041 - Cook I 16.10 07042 - Cook II 18.72 07070 - Dishwasher 10.11 07130 - Food Service Worker 11.96 07210 - Meat Cutter 20.58 07260 - Waiter/Waitress 9.70 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 19.86 09040 - Furniture Handler 14.06 09080 - Furniture Refinisher 20.23 09090 - Furniture Refinisher Helper 15.52 09110 - Furniture Repairer, Minor 17.94 09130 - Upholsterer 19.86 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.09 11060 - Elevator Operator 11.99 11090 - Gardener 18.98 11122 - Housekeeping Aide 11.99 11150 - Janitor 11.99 11210 - Laborer, Grounds Maintenance 14.16 11240 - Maid or Houseman 11.91 11260 - Pruner 12.56 11270 - Tractor Operator 17.37 11330 - Trail Maintenance Worker 14.16 11360 - Window Cleaner 13.52 12000 - Health Occupations 12010 - Ambulance Driver 20.41 12011 - Breath Alcohol Technician 22.33 12012 - Certified Occupational Therapist Assistant 29.44 12015 - Certified Physical Therapist Assistant 28.52 12020 - Dental Assistant 22.23 12025 - Dental Hygienist 44.75 12030 - EKG Technician 30.44 12035 - Electroneurodiagnostic Technologist 30.44 12040 - Emergency Medical Technician 20.41 12071 - Licensed Practical Nurse I 21.98 12072 - Licensed Practical Nurse II 24.59 12073 - Licensed Practical Nurse III 27.41 12100 - Medical Assistant 16.90 12130 - Medical Laboratory Technician 24.00 12160 - Medical Record Clerk 21.08 12190 - Medical Record Technician 23.60 12195 - Medical Transcriptionist 20.69 12210 - Nuclear Medicine Technologist 39.35 12221 - Nursing Assistant I 12.52 https://www.wdol.gov/wdol/scafiles/std/15-4269.txt?v=8 04/19/2019

Page 3 of 10 12222 - Nursing Assistant II 14.08 12223 - Nursing Assistant III 15.36 12224 - Nursing Assistant IV 17.24 12235 - Optical Dispenser 20.17 12236 - Optical Technician 21.03 12250 - Pharmacy Technician 18.12 12280 - Phlebotomist 18.27 12305 - Radiologic Technologist 34.63 12311 - Registered Nurse I 27.64 12312 - Registered Nurse II 33.44 12313 - Registered Nurse II, Specialist 33.44 12314 - Registered Nurse III 40.13 12315 - Registered Nurse III, Anesthetist 40.13 12316 - Registered Nurse IV 48.10 12317 - Scheduler (Drug and Alcohol Testing) 28.92 12320 - Substance Abuse Treatment Counselor 20.74 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 19.86 13012 - Exhibits Specialist II 24.61 13013 - Exhibits Specialist III 30.09 13041 - Illustrator I 20.62 13042 - Illustrator II 25.55 13043 - Illustrator III 31.24 13047 - Librarian 41.25 13050 - Library Aide/Clerk 14.21 13054 - Library Information Technology Systems 37.26 Administrator 13058 - Library Technician 24.07 13061 - Media Specialist I 24.93 13062 - Media Specialist II 27.90 13063 - Media Specialist III 31.10 13071 - Photographer I 16.65 13072 - Photographer II 18.90 13073 - Photographer III 23.67 13074 - Photographer IV 28.65 13075 - Photographer V 33.76 13090 - Technical Order Library Clerk 17.38 13110 - Video Teleconference Technician 20.88 14000 - Information Technology Occupations 14041 - Computer Operator I 18.92 14042 - Computer Operator II 21.18 14043 - Computer Operator III 23.60 14044 - Computer Operator IV 26.22 14045 - Computer Operator V 29.05 14071 - Computer Programmer I (see 1) 26.36 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 18.92 14160 - Personal Computer Support Technician 26.22 14170 - System Support Specialist 33.16 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 36.47 15020 - Aircrew Training Devices Instructor (Rated) 44.06 15030 - Air Crew Training Devices Instructor (Pilot) 52.81 15050 - Computer Based Training Specialist / Instructor 36.47 15060 - Educational Technologist 37.20 15070 - Flight Instructor (Pilot) 52.81 15080 - Graphic Artist 31.30 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 46.74 15086 - Maintenance Test Pilot, Rotary Wing 46.74 15088 - Non-Maintenance Test/Co-Pilot 46.74 15090 - Technical Instructor 29.11 15095 - Technical Instructor/Course Developer 35.61 https://www.wdol.gov/wdol/scafiles/std/15-4269.txt?v=8 04/19/2019

Page 4 of 10 15110 - Test Proctor 23.50 15120 - Tutor 23.50 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 12.87 16030 - Counter Attendant 12.87 16040 - Dry Cleaner 14.71 16070 - Finisher, Flatwork, Machine 12.87 16090 - Presser, Hand 12.87 16110 - Presser, Machine, Drycleaning 12.87 16130 - Presser, Machine, Shirts 12.87 16160 - Presser, Machine, Wearing Apparel, Laundry 12.87 16190 - Sewing Machine Operator 15.33 16220 - Tailor 16.25 16250 - Washer, Machine 13.49 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 23.90 19040 - Tool And Die Maker 29.03 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 18.86 21030 - Material Coordinator 26.02 21040 - Material Expediter 26.02 21050 - Material Handling Laborer 13.83 21071 - Order Filler 15.09 21080 - Production Line Worker (Food Processing) 18.86 21110 - Shipping Packer 15.92 21130 - Shipping/Receiving Clerk 15.92 21140 - Store Worker I 13.32 21150 - Stock Clerk 18.40 21210 - Tools And Parts Attendant 18.86 21410 - Warehouse Specialist 18.86 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 32.26 23019 - Aircraft Logs and Records Technician 23.97 23021 - Aircraft Mechanic I 30.63 23022 - Aircraft Mechanic II 32.26 23023 - Aircraft Mechanic III 33.83 23040 - Aircraft Mechanic Helper 21.22 23050 - Aircraft, Painter 29.09 23060 - Aircraft Servicer 23.97 23070 - Aircraft Survival Flight Equipment Technician 29.09 23080 - Aircraft Worker 25.67 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 25.67 I

23092 - Aircrew Life Support Equipment (ALSE) Mechanic 30.63 II 23110 - Appliance Mechanic 23.90 23120 - Bicycle Repairer 19.21 23125 - Cable Splicer 34.63 23130 - Carpenter, Maintenance 24.67 23140 - Carpet Layer 20.49 23160 - Electrician, Maintenance 27.98 23181 - Electronics Technician Maintenance I 28.28 23182 - Electronics Technician Maintenance II 30.03 23183 - Electronics Technician Maintenance III 31.62 23260 - Fabric Worker 21.01 23290 - Fire Alarm System Mechanic 22.91 23310 - Fire Extinguisher Repairer 19.36 23311 - Fuel Distribution System Mechanic 26.72 23312 - Fuel Distribution System Operator 19.79 23370 - General Maintenance Worker 21.92 23380 - Ground Support Equipment Mechanic 30.63 23381 - Ground Support Equipment Servicer 23.97 23382 - Ground Support Equipment Worker 25.67 23391 - Gunsmith I 19.36 23392 - Gunsmith II 22.51 23393 - Gunsmith III 25.16 23410 - Heating, Ventilation And Air-Conditioning 27.12 https://www.wdol.gov/wdol/scafiles/std/15-4269.txt?v=8 04/19/2019

Page 5 of 10 Mechanic 23411 - Heating, Ventilation And Air Contidioning 28.56 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 25.09 23440 - Heavy Equipment Operator 22.91 23460 - Instrument Mechanic 24.54 23465 - Laboratory/Shelter Mechanic 23.90 23470 - Laborer 14.98 23510 - Locksmith 21.90 23530 - Machinery Maintenance Mechanic 27.08 23550 - Machinist, Maintenance 24.02 23580 - Maintenance Trades Helper 18.27 23591 - Metrology Technician I 24.54 23592 - Metrology Technician II 25.85 23593 - Metrology Technician III 27.11 23640 - Millwright 28.19 23710 - Office Appliance Repairer 22.96 23760 - Painter, Maintenance 21.75 23790 - Pipefitter, Maintenance 26.31 23810 - Plumber, Maintenance 24.98 23820 - Pneudraulic Systems Mechanic 25.16 23850 - Rigger 25.16 23870 - Scale Mechanic 22.51 23890 - Sheet-Metal Worker, Maintenance 23.02 23910 - Small Engine Mechanic 24.79 23931 - Telecommunications Mechanic I 30.94 23932 - Telecommunications Mechanic II 32.59 23950 - Telephone Lineman 30.15 23960 - Welder, Combination, Maintenance 22.91 23965 - Well Driller 22.91 23970 - Woodcraft Worker 25.16 23980 - Woodworker 19.36 24000 - Personal Needs Occupations 24550 - Case Manager 17.67 24570 - Child Care Attendant 14.16 24580 - Child Care Center Clerk 17.77 24610 - Chore Aide 11.59 24620 - Family Readiness And Support Services 17.67 Coordinator 24630 - Homemaker 18.43 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 27.44 25040 - Sewage Plant Operator 22.92 25070 - Stationary Engineer 27.44 25190 - Ventilation Equipment Tender 19.49 25210 - Water Treatment Plant Operator 22.92 27000 - Protective Service Occupations 27004 - Alarm Monitor 20.57 27007 - Baggage Inspector 16.44 27008 - Corrections Officer 28.24 27010 - Court Security Officer 28.50 27030 - Detection Dog Handler 20.57 27040 - Detention Officer 28.24 27070 - Firefighter 28.76 27101 - Guard I 16.44 27102 - Guard II 20.57 27131 - Police Officer I 31.31 27132 - Police Officer II 34.80 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 13.59 28042 - Carnival Equipment Repairer 14.63 28043 - Carnival Worker 9.47 28210 - Gate Attendant/Gate Tender 13.92 28310 - Lifeguard 11.59 28350 - Park Attendant (Aide) 15.57 28510 - Recreation Aide/Health Facility Attendant 11.37 28515 - Recreation Specialist 19.29 https://www.wdol.gov/wdol/scafiles/std/15-4269.txt?v=8 04/19/2019

28630 - Sports Official 12.40 28690 - Swimming Pool Operator 18.21 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 28.25 29020 - Hatch Tender 28.25 29030 - Line Handler 28.25 29041 - Stevedore I 26.38 29042 - Stevedore II 30.00 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 42.40 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 29.23 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 32.19 30021 - Archeological Technician I 20.19 30022 - Archeological Technician II 22.60 30023 - Archeological Technician III 27.98 30030 - Cartographic Technician 27.98 30040 - Civil Engineering Technician 26.41 30051 - Cryogenic Technician I 31.00 30052 - Cryogenic Technician II 34.24 30061 - Drafter/CAD Operator I 20.19 30062 - Drafter/CAD Operator II 22.60 30063 - Drafter/CAD Operator III 25.19 30064 - Drafter/CAD Operator IV 31.00 30081 - Engineering Technician I 22.92 30082 - Engineering Technician II 25.72 30083 - Engineering Technician III 28.79 30084 - Engineering Technician IV 35.64 30085 - Engineering Technician V 43.61 30086 - Engineering Technician VI 52.76 30090 - Environmental Technician 27.41 30095 - Evidence Control Specialist 25.60 30210 - Laboratory Technician 23.38 30221 - Latent Fingerprint Technician I 28.57 30222 - Latent Fingerprint Technician II 31.55 30240 - Mathematical Technician 28.94 30361 - Paralegal/Legal Assistant I 21.36 30362 - Paralegal/Legal Assistant II 26.47 30363 - Paralegal/Legal Assistant III 32.36 30364 - Paralegal/Legal Assistant IV 39.16 30375 - Petroleum Supply Specialist 31.32 30390 - Photo-Optics Technician 27.98 30395 - Radiation Control Technician 31.32 30461 - Technical Writer I 26.53 30462 - Technical Writer II 32.47 30463 - Technical Writer III 39.29 30491 - Unexploded Ordnance (UXO) Technician I 26.94 30492 - Unexploded Ordnance (UXO) Technician II 32.60 30493 - Unexploded Ordnance (UXO) Technician III 39.07 30494 - Unexploded (UXO) Safety Escort 26.94 30495 - Unexploded (UXO) Sweep Personnel 26.94 30501 - Weather Forecaster I 31.00 30502 - Weather Forecaster II 37.71 30620 - Weather Observer, Combined Upper Air Or (see 2) 25.19 Surface Programs 30621 - Weather Observer, Senior (see 2) 27.98 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 32.60 31020 - Bus Aide 14.32 31030 - Bus Driver 20.85 31043 - Driver Courier 14.98 31260 - Parking and Lot Attendant 10.93 31290 - Shuttle Bus Driver 16.37 31310 - Taxi Driver 14.00 31361 - Truckdriver, Light 16.37 31362 - Truckdriver, Medium 17.90 31363 - Truckdriver, Heavy 20.16 31364 - Truckdriver, Tractor-Trailer 20.16

99000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 15.89 99030 - Cashier 10.61 99050 - Desk Clerk 12.14 99095 - Embalmer 30.69 99130 - Flight Follower 26.94 99251 - Laboratory Animal Caretaker I 14.02 99252 - Laboratory Animal Caretaker II 15.32 99260 - Marketing Analyst 33.65 99310 - Mortician 31.73 99410 - Pest Controller 18.84 99510 - Photofinishing Worker 14.81 99710 - Recycling Laborer 21.17 99711 - Recycling Specialist 25.96 99730 - Refuse Collector 18.77 99810 - Sales Clerk 12.09 99820 - School Crossing Guard 14.65 99830 - Survey Party Chief 26.54 99831 - Surveying Aide 16.49 99832 - Surveying Technician 25.23 99840 - Vending Machine Attendant 14.43 99841 - Vending Machine Repairer 18.73 99842 - Vending Machine Repairer Helper 14.43

____________________________________________________________________________________

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 hour1.157407e-5 days 2.777778e-4 hours 1.653439e-6 weeks 3.805e-7 months of paid sick leave for every 30 hours3.472222e-4 days 0.00833 hours 4.960317e-5 weeks 1.1415e-5 months they work, up to 56 hours6.481481e-4 days 0.0156 hours 9.259259e-5 weeks 2.1308e-5 months 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)

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

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.

400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds

$27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.

Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:

(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).

2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.

If you are a full-time employed (40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months 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).

- HAZARDOUS PAY DIFFERENTIAL **

An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder.

All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for

ordnance, explosives, and incendiary material differential pay.

- UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

- SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition (Revision 1),

dated September 2015, unless otherwise indicated.

- REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, Standard Form 1444 (SF-1444) **

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 (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized

representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the U.S.

Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour Division's decision to the contractor.

6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)).

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination.

Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1)).

ML19191A166: Difference between revisions

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ML19191A166: Difference between revisions

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