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7FCI-L3-030084-B – Revised July 2015 FSC Group 63 of 30

THIS DOCUMENT IS PROVIDED FOR INFORMATION ONLY AND SHOULD NOT BE RETURNED AS PART OF AN OFFER SUBMISSION.

FSC GROUP 63ALARM AND SIGNAL SYSTEMS, FACILITY MANAGEMENT SYSTEMS, PROFESSIONAL SECURITY/FACILITY MANAGEMENT SERVICES, AND PROTECTIVE SERVICE OCCUPATIONS (GUARD SERVICES). For other

types of Facilities Maintenance, refer to Schedule 03FAC

NOTE: FOB terms offered for this Attachment should be the same FOB terms offered to your commercial customers, as disclosed on the Commercial Sales Practices, contained elsewhere within this solicitation package.

Clause 52.247-32 – FOB Origin, Freight Prepaid will be included in any resultant award if your commercial customers are offered FOB Origin freight terms (see basic solicitation document for clause in full text).

Clause 52.247-34 – FOB Destination will be included in any resultant award if your commercial customers are offered FOB Destination freight terms (see basic solicitation document for clause in full text).

Oral or written requests for explanation or information regarding this solicitation should be directed to:

GSA, GREATER SOUTHWEST ACQUISITION CENTER – 7QSAB819 TAYLOR STREET, ROOM 7A37FORT WORTH, TX 76102-6114

Pat Dawson (7QSABB-P5) Ken Miller (7QSABB-A2)Phone: 817-850-8113 Phone: 817-850-8341e-mail: [email protected] e-mail: [email protected]

Melissa Salvatore (7QSABC-S8) Lisa Yale (7QSABB-L4)Phone: 817-850-8273 Phone: 817-850-8341e-mail: [email protected] email: [email protected]

Jonathan Woodcock (7QSABB-J7) Joe Moore (7QSABB-J8)Phone: 817-850-8373 Phone: 817-850-5559e-mail: [email protected] e-mail: [email protected]

Daniel Stafford (7QSABB-D3)Phone: 817-850-8278Email: [email protected]

mailto:[email protected]






ENVIRONMENTAL ATTRIBUTES – FEDERAL SUPPLY GROUP 63

This addendum addresses “Environmental Attributes” as described in the government broad-based solicitation for FSS schedules. Products discussed in this addendum include all applicable heating and air conditioning products sold through GSA’s General Products Acquisition Center, FSS Schedule 084, Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue, Special Purpose Clothing, Marine Craft, and Emergency/Disaster Response, Federal Supply Group 63. Effective immediately, GSA will require all vendors to clearly identify any and all energy efficient products sold through Attachment 03, either in hard copy or on GSA Advantage! An energy-efficient product is one that complies with criteria specified in DOE/EPA’s Energy Star labeling programs or criteria outlined in the Federal Energy Management Program’s (FEMP) Product Efficiency Recommendations. For more information about these products contact:

For FEMP’s Product Efficiency Recommendations – Buying Energy Efficient Products BinderDOE’s EREN Clearinghouse

1-800-363-3732www.eren.doe.gov/femp/procurement

For information on about ENERGY STAR1-888-STAR YES

www.energystar.gov/products

http://www.energystar.gov/products

http://www.eren.doe.gov/femp/procurement


SIN DESCRIPTIONS

84 TOTAL SOLUTIONS FOR LAW ENFORCEMENT, SECURITY, FACILITIES MANAGEMENT, FIRE, RESCUE, CLOTHING, MARINE CRAFT AND EMERGENCY/DISASTER RESPONS

Alarm and Signal Systems, Facility Management Systems, Professional Security/Facility Management Services and Protective Service Occupations Guard Services) SIN Descriptions. For other types of Facilities Maintenance, see Schedule 03FAC.Category Description

246 01 Smart Buildings Systems Integrator – Includes the comprehensive integration of building systems and technology using a non-proprietary and open architecture. Typical building systems to be integrated include: building automation, life safety, telecommunications, facilities management, security, energy and environmental control, HVAC, lighting, building envelope, access control, power management, cabling infrastructure/wireless, VOIP, video distribution, video surveillance, data network, etc. Typical integration functions include, but are not limited to: requirements analysis, strategic systems planning, system configuration, implementation alternatives, integration planning, system component acquisition, component integration, testing and analysis, interaction with Building Operations Centers, collection/manipulation of smart building component data, configuration management and control, design-guide development, operational training and support, monitoring, reporting and managing of the systems, and systems maintenance.

246 20 1 Miscellaneous Alarm and Signal Systems. Process Monitoring/Fault Reporting Devices or Systems - which monitor pressure levels, flow rates, temperatures, leaks

246 20 2 Miscellaneous Alarm and Signal Systems. - Hazard Indicating Alarm Devices or Systems for the Detection of Toxic Gases, Flammable Gases

246 20 3 Miscellaneous Alarm and Signal Systems. Audible/Visual Warning/Signaling Devices - including radio alarms equipment (excluding those for vehicular use

246 20 4 Miscellaneous Alarm and Signal Systems. Warning System Devices (Patient/Detainees)246 23 Anti-Theft Material Alarm Control Systems for Detection of Property246 25 Fire Alarm Systems - (Excludes Fire Suppression Devices)246 35 1 Access Control Systems, Door entry control by card access, magnetic proximity - including

but not limited to Biometric246 35 2 Access Control Systems, Door entry control by touch access, dial, digital, keyboard, keypad -

including but not limited to Biometric, Voice, Fingerprint, Iris, Hand Geometry, Weight246 35 3 Access Control Systems, Parking Access Control - including but not limited to Biometric246 35 4 Access Control Systems, Emergency exit door access/alarm systems for security and/or fire

safety - including but not limited to Biometric246 35 5 Access Control Systems - Vehicle Arrest/Security Barrier/Barricade/Bollard Systems,

Decorative Barrier Planters246 35 6 Other Access Control Systems - Including but not limited to Biometric Access Control - Facial,

Voice, Fingerprint, Iris Recognition, etc.246 36 Locking Devices - including padlocks and electronic locks not covered by SIN 246-35246 40 Intrusion Alarms and Signal Systems - Including audible and visible warning devices (no

personal alarms)

http://www.gsaelibrary.gsa.gov/ElibMain/SinDetails?executeQuery=YES&scheduleNumber=84&flag=&filter=&specialItemNumber=246+40


http://www.gsaelibrary.gsa.gov/ElibMain/SinDetails?executeQuery=YES&scheduleNumber=84&flag=&filter=&specialItemNumber=246+35+6












http://www.gsaelibrary.gsa.gov/ElibMain/ScheduleSummary?scheduleNumber=84


246 42 1 Facility Management Systems - (Including Accessories and Repair Parts. Computerized Systems for Surveillance, Monitoring, Controlling, Signaling and Reporting Multiple Functions. Security Functions (i.e., access control, fire detection, intrusion, etc.)

246 42 2 Facility Management Systems - (Including Accessories and Repair Parts. Computerized Systems for Surveillance, Monitoring, Controlling, Signaling and Reporting Multiple Functions. Energy and Facility Management Functions and Services, Building Automation Control systems (including lighting, HVAC controls and sensors), Building Comfort Systems (including heating, ventilation and air conditioning, chillers)

246 42 3 Facility Management Systems - including accessories and repair parts. - Computerized systems for surveillance, monitoring, controlling, signaling and reporting multiple functions. Systems capable of both security functions and energy management functions

246 43 Perimeter Security/Detection Systems - including but not limited to Fencing, Sensors, etc.246 51 Installation of Security/Facility Management Systems Requiring Construction. See following

pages.246 52 Professional Security/Facility Management Services - including security consulting, training

and facility management consulting. See following pages. 246 53 Facility Management and Energy Solutions - Includes, but not limited to projects using

appropriated funds as well as alternative financing methods through the use of Energy Savings Performance Contracts (ESPC's) in accordance with the National Energy Conservation Policy Act (NECPA) as amended by the Energy Policy Act of 2005 (EPACT). Projects include energy audits, project management, and energy upgrades of HVAC, Lighting, Controls, etc.. See following pages.

246 54 Protective Service Occupations - Including Security Guards, Alarm Monitors, Baggage Inspectors, Corrections Officers, Court Security Officers, Detection Dog Handlers, Detention Officers, Firefighters, Police Officers, Categories to support Operation On-site of Security Functions, and other support and related categories. See following pages.

246 60 1 Security Systems Integration and Design Services - Services involving the security integration and/or management discipline which supports security products or systems through their life cycle. Security Systems integration and design services may include, but are not limited to those associated with the design, test, production, fielding, sustainment, improvement of cost effective security and/or protection systems including the eventual disposal or salvage of these systems. Services may include studies and analysis such as - risk assessment, threat evaluation, and assessment (including resultant deliverables). Contractors may provide security or protection expertise in the pre-production or design phase of security or protection systems to ensure that the system can be supported through its life-cycle and that the infrastructure elements necessary for operational support are identified and acquired. These services may continue through the life cycle of the system or product and may include guidance, assistance and/or operational support. This includes all necessary security management elements.

246 60 2 Security Management and Support Services - Services providing the best practices, technologies and methodologies to plan, design, manage, operate and maintain secure and protected systems, equipment, facilities and infrastructures. Agency orders may include complete turnkey operations, maintenance and support services, or components thereof as needed to ensure secure and protected systems involving personnel security, physical access, and information security, and reduce life cycle costs. Contractor personnel carrying out these activities, to include management and operating staffs, are not involved with or responsible for the core business of the customer agency placing the order.

246 60 3 Security System Life Cycle Support - Services providing for design, coding, integration, testing, deploying, repair and maintenance of integrated security systems, and training













across all platforms, enterprise wide, for the complete life cycle of the system.246 60 4 Total Solution Support Products - Products delivered in direct support of services provided

under the other SINs. These products could include training manuals, CD-ROMs, overhead slides, security and simulation software and hardware, etc. utilized in performing a task.

246 1000 Ancillary Supplies and/or Services – Ancillary supplies and/or services are support supplies and/or services which are not within the scope of any other SIN on this schedule. These supplies and/or services are necessary to compliment a contractor’s offerings to provide a solution to a customer requirement. This SIN may be used for orders and blanket purchase agreements that involve work or a project that is solely associated with the supplies and/or services purchased under this schedule. This SIN EXCLUDES purchase that are exclusively for supplies and/or services already available under another schedule.

246 99 Introduction of New Products/Services relating to Alarm and Signal Systems/Facility




Corporate and Project Experience

The following information must be provided for offers that include services under any ‘246’ SIN.

CORPORATE EXPERIENCE

The following must be provided in addition to any other information requested elsewhere in this solicitation for any services being offered:

1) For services offered under the above noted SINs, an offeror is required to have at least two (2) years of Corporate Experience.

A) Offerors must submit a two-page (maximum) narrative describing the company's corporate experience providing the types of services offered under the SINs offered. Your company must have provided these types of services to either a Government or Commercial entity for a minimum of two (2) years as noted above. At a minimum, your narrative must include the following:

i) Organization's number of years of corporate experience in providing the services offered in the SINs proposed.

ii) Organization's number of employees, experience in the field, and resources available to enable the offeror to fulfill requirements of the size anticipated under any resultant Schedule contract;

iii) Brief history of the organization's activities contributing to the development of expertise and capabilities related to this requirement;

iv) Information that demonstrates the offeror's organizational and accounting controls and manpower presently in-house or the ability to acquire the type and kinds of personnel proposed;

v) Describe/identify how you intend to market these services to federal clients;

vi) Discussion regarding the intended use of subcontractors;

2) Provide a company profile to include background and qualifications of management team

3) Description of each labor category offered (if applicable)

4) Company training requirements for each labor category offered (if applicable)

5) No substitution for Corporate Experience will be considered.

RELEVANT PROJECT EXPERIENCE1) Offeror must submit a narrative demonstrating relevant project experience. A narrative is

required for each proposed services SIN and must include the following:A) Descriptions of five (5) relevant projects, not to exceed four (4) pages per project for

each proposed service SIN. Each description must clearly indicate the SIN(s) to which it applies and identify the specific services being proposed under that SIN(s). At least two (2) of the projects must either have been completed within the last two (2) years or be ongoing. For ongoing contracts with a base year and option years, at a minimum the base year must have been completed; for multi-year task orders, at a minimum the first year must have been complete.Each project narrative must address the following elements:

i. Detailed description of SIN-relevant work performed and results achieved

ii. Methodology, tools and/or processes utilized in performing the work


iii. Demonstration of compliance with any applicable laws, regulations, Executive Orders, OMB Circulars, professional standards, etc.

iv. How the work performed is similar in scope and complexity to the work expected to be solicited under the proposed SIN(s)

v. Demonstration of required specific experience and/or special qualification detailed under the proposed SIN(s)

The offeror may use the same project in support of more than one SIN, as long as the description clearly identifies the SIN-relevant work. All examples of completed services must have been deemed acceptable by the customer.

B) For each project description, the following customer reference information must be provided (this data is not counted towards the four-page-per-project limit):

i. Customer/Client nameii. Project name/contract numberiii. Customer point of contact for the projectiv. Customer point of contact phone number and emailv. Project performance period (beginning/ending dates of project)vi. Dollar value of entire projectvii. Dollar value received for the work performed relevant to the SIN(s) offered.viii. Brief summary of the project as a whole (background, purpose, etc.ix. A copy of the Statement of Work for the project.

C) Substitutions for Corporate Project Experience are not permitted for Schedule 84.2) Vendors proposing to participate on Energy Savings Performance Contracts under SIN 246 53 must be listed on the Qualified ESPC List maintained by the Department of Energy (DOE)


SPECIAL ITEM NUMBER 246-1000 - ANCILLARY SUPPLIES AND/OR SERVICES

Includes, but is not limited to: supplies and/or services necessary to install the system (from design through start-up), maintain the system (including maintenance agreements, which may not exceed the term of this contract), or training.

Ancillary Service excludes: Construction (construction is defined as alteration, or repair of buildings, structures, or other real property) Architectural Engineering Services (A&E) under the Brooks Architect-Engineers Act as stated in Federal

Acquisition Regulation (FAR) Part 36. These services shall be ordered only in accordance with Part 36 and agency procedures, and shall not be included on a GSA contract order as an open market item.

Personal services. Stand-alone services which are applicable to the Service Contract Act (SCA)

Contractors are responsible for the following when performing services or providing supplies under this SIN:

Contractors may subcontract any ancillary services or supplies ordered under this Special Item Number, unless specifically prohibited by the contracting officer issuing the order against the Multiple Award Schedule contract.

Contractors are responsible for insuring that the scope of work is completed and all warranties are honored.

Subcontractors must be licensed and bonded, as applicable.

Compliance with all local laws, regulations, and ordinances are the responsibility of the prime contractor.

The prime contractor shall accept full responsibility and liability for all work performed by subcontractors, at any level or tier.

The Government reserves the right to apply liquidated damages whenever the required delivery date is not met.

Contractors are required to maintain insurance in accordance with Clause 52.228-5, Insurance – Work on a Government Installation.

Agencies’ Scope of Work will inform the Contractor of the required insurance amounts. Clause 52.228-5 is made part of this contract by reference.

The contracting officer for the ordering agency may insert any agency unique requirements for the job, including employee suitability determination requirements (security checks), into the scope of work.

Contractor quotations shall specifically detail all products and services with the contract price and provide a single price for services.

Sales of ancillary services or supplies shall not be combined or reported with the product SIN.

The ordering agency is responsible for:


Defining and issuing the statement of work for ancillary services. Accurate definition of the scope and statement of work is essential to facilitate realistic quotations. The statement of work shall also inform the contractor of any applicable insurance requirements.

Ordering agencies shall obtain pricing information from the schedule contractors, and will negotiate for ancillary services and supplies on an order by order basis, based on complexity and level of effort. Ancillary services and supplies shall be priced as separate line items on each order.

Pricing of services and supplies has been determined fair and reasonable by GSA. However, ordering agencies shall make a determination that the total price is fair and reasonable based on the level of effort and the mix of labor proposed.

Ordering agencies will comply with all appropriation laws and ensure that the correct types of funds are obligated on each order.

Reference FAR 8.4 for an explanation of ordering procedures used when purchasing through a Multiple Award Schedule contract.

All proposed supplies and services must be within the scope of this SIN on the contract. Furnish a full and detailed description of the supplies and/or services offered and a pricing proposal in accordance with the Pricing Proposal document of the solicitation.

Special Instructions: The work performed under this SIN shall be associated with existing SIN(s) that are part of this schedule. Ancillary supplies and/or services shall not be the primary purpose of the work ordered, but be an integral part of the total solution offered. Ancillary supplies and/or services may only be ordered in conjunction with or in support of supplies or services purchased under another SIN(s) of the same schedule. Offerors may be required to provide additional information to support a determination that their proposed ancillary supplies and/or services are commercially offered in support of one or more SIN(s) under this schedule.

OFFERORS MAY ONLY OFFER THIS SPECIAL ITEM NUMBER IN CONJUNCTION WITH SYSTEMS OFFERED UNDER THIS SCHEDULE . THE PRINCIPAL PURPOSE OF THIS SCHEDULE IS FOR THE PURCHASE OF ALARM AND SIGNAL SYSTEMS/FACILITY MANAGEMENT SYSTEMS.

SIN 246-51 - INSTALLATION REQUIRING CONSTRUCTION(If you are offering this SIN, review clauses regarding Construction found in Addendum 1 at the end of

this document)

INCLUDES: Installation which requires construction.

Note: Ancillary services involving installation which do not meet the definition of construction as defined in FAR 2.101 shall be covered under SIN 246-1000.

Note: This SIN specifically EXCLUDES Architectural Engineering Services (A&E) under the Brooks Architect-Engineers Act as stated in Federal Acquisition Regulation (FAR) Part 36. These services shall be ordered only in accordance with Part 36 and agency procedures, and shall not be included on a contract order as an open market item.

Contractors are responsible for the following when performing services under this SIN :


Contractors must comply with Construction Clauses and Davis-Bacon Regulations. The clauses shown in Addendum 1 to Attachment 3 of this solicitation will apply to agency orders placed against the schedule contract.

Compliance with all local laws, regulations and ordinances are the responsibility of the GSA prime contractor. The prime contractor shall accept full responsibility and liability for all work performed by subcontractors under a resultant contract.

Contractors shall review the statement of work issued by the ordering agency and provide a separate quote for services to be performed under this SIN based on the ordering agency’s requirements. Should the contractor not be able to meet requirement(s) in the statement of work, the contractor’s quote must specifically identify the items which have not been included in the quoted price.

Contractors must provide bonding and insurance as required by the ordering agency’s statement of work.

Contractors may serve as a prime contractor and subcontract any services, including installation or site preparation, unless specifically prohibited by the ordering contracting officer. Subcontractors must comply with any licensing and bonding requirements specified in the statement of work.

The contractor shall be responsible, accountable and liable for all work performed, including work performed by subcontractors (at all tiers), and for ensuring the work performed is completed in accordance with the ordering agencies statement of work.

The contractor shall ensure all warranties are honored. All construction work must be guaranteed for any defect in workmanship and materials.

The Government reserves the right to apply liquidated damages whenever the required delivery is not met in accordance with clause 52.211-12, Liquidated Damages – Construction.

When placing orders for services under this SIN, Ordering Agencies shall follow the procedures at FAR 8.405: The ordering agency is responsible for:

Complying with all Federal Appropriation Laws and ensuring the correct types of funds are obligated on the order.

When construction, alteration or repair of public buildings or public works is to be performed under this SIN, Ordering Agencies must comply and ensure contractor compliance with the Construction Clauses and Davis-Bacon Regulations. See Appendix 1 of the GSA solicitation for a complete listing of the FAR and GSAM Clauses incorporated by reference for all schedule contractors awarded this SIN. Ordering agencies shall utilize these clauses as a guideline and shall incorporate the applicable clauses into the statement of work for orders issued against the Federal Supply Schedule contract. The ordering agency is responsible for including the most current version of these clauses and any other applicable clauses into the order. Clauses which require "fill-ins” shall be completed by the ordering agency. Any agency specific clauses which may apply based on agency regulations or requirements shall be incorporated in the agency task order.

Defining and issuing the statement of work for services, including installation and site preparation. It is essential that the ordering agency’s statement of work includes an accurate description of the work requirement to facilitate realistic quotations.


The statement of work shall clearly inform the contractor of all bonding requirements and any required insurance amounts.

The ordering agency will provide the local Davis-Bacon wage rates to contractors. Applicable wage determinations will be incorporated into the statement of work and resulting task order.

Reviewing quotations from schedule contractors to ensure the work proposed meets the statement of work requirements. The ordering agency should request the contractor to submit fixed price quotes to perform the services.

The ordering agency shall evaluate all responses received using the evaluation criteria provided to the schedule contractors. The ordering agency is responsible for considering the level of effort and the mix of labor proposed to perform a specific task being ordered, and for determining that the total price is reasonable.

Performance clauses shall be modified for each job by the ordering agency.

Administration of orders issued under this Special Item Number.

All orders and payments must be made to the schedule contractor or their designee. Example: A contractor may designate a participating dealer to receive payment.

All proposed services must be within the contract scope. Furnish a full and detailed description of the services offered and a pricing proposal in accordance with the Services Pricing Proposal (See Pricing Proposal Attachment to this solicitation) of the solicitation. Upon award, the contract will specifically state those services accepted for this SIN.

OFFERORS MAY ONLY OFFER THIS SPECIAL ITEM NUMBER IN CONJUNCTION WITH SYSTEMS OFFERED UNDER THIS SCHEDULE. THE PRINCIPAL PURPOSE OF THIS SCHEDULE IS FOR THE PURCHASE OF ALARM AND SIGNAL SYSTEMS/FACILITY MANAGEMENT SYSTEMS.

SIN 246-01, Smart Building Systems Integrator, SIN 246-52 - PROFESSIONAL SECURITY/FACILITY MANAGEMENT SERVICES, and

SIN 246-60 (1-4) – SECURITY CONVERGENCE SERVICES

Includes, but is not limited to:

SIN 246-01: Smart Buildings Systems Integrator – Includes the comprehensive integration of building systems and technology using a non-proprietary and open architecture. Typical building systems to be integrated include: building automation, life safety, telecommunications, facilities management, security, energy and environmental control, HVAC, lighting, building envelope, access control, power management, cabling infrastructure/wireless, VOIP, video distribution, video surveillance, data network, etc. Typical integration functions include, but are not limited to: requirements analysis, strategic systems planning, system configuration, implementation alternatives, integration planning, system component acquisition, component integration, testing and analysis, interaction with Building Operations Centers, collection/manipulation of smart building component data, configuration management and control, design-guide development, operational training and support, monitoring, reporting and managing of the systems, and systems maintenance.

SIN 246-52: Security Consulting/Training and Facility Management Consulting. Professional Services offered under this SIN shall be for the support of security systems (including access control, intrusion alarms, fire alarm systems, etc.) and Facility Management Systems (including security and energy management) only. Excludes personal services.


SIN 246-60-1: Security Systems Integration and Design Services. Services involving the security integration and/or management discipline which supports security products or systems through their life cycle. Security systems integration and design services may include, but are not limited to those associated with the design, test, production, fielding, sustainment, improvement of cost effective security and/or protection systems including the eventual disposal or salvage of these systems. Services may include studies and analysis such as - risk assessment, threat evaluation, and assessment (including resultant deliverables). Contractors may provide security or protection expertise in the pre-production or design phase of security or protection systems to ensure that the system can be supported through its life-cycle and that the infrastructure elements necessary for operational support are identified and acquired. These services may continue through the life cycle of the system or product and may include guidance, assistance and/or operational support. This includes all necessary security management elements.

SIN 246-60-2: Convergence Security Management and Support Services. Services providing the best practices, technologies and methodologies to plan, design, manage, operate and maintain secure and protected systems, equipment, facilities and infrastructures. Agency orders may include complete turnkey operations, maintenance and support services, or components thereof as needed to ensure secure and protected systems involving personnel security, physical access, and information security, and reduce life cycle costs. Contractor personnel carrying out these activities, to include management and operating staffs, are not involved with or responsible for the core business of the customer agency placing the order.

SIN 246-60-3: Convergence Security System Life Cycle Support. Services providing for design, coding, integration, testing, deploying, repair and maintenance of integrated security systems, and training across all platforms, enterprise wide, for the complete life cycle of the system.

SIN 246-60-4: Total Solution Support Products – Products delivered in direct support of services provided under the other SINs. These products could include training manuals, CD-ROMs, overhead slides, security and simulation software and hardware, etc. utilized in performing a task.

Offerors should submit their method of commercial pricing for any proposed professional services. The Government anticipates award based on the offeror’s commercial pricing policies. Other pricing methods may be evaluated.

Tasks for these and related services may be ordered. Orders shall be placed in accordance with FAR 8.4 – Federal Supply Schedules.

Prime contractors may subcontract services ordered under this Special Item Number unless specifically prohibited by the contracting officer issuing the delivery order against this Multiple Award Schedule contract. The prime contractor shall be responsible, accountable, and liable for all work performed by any subcontractor, level, or tier.

SIN 246-53 – FACILITY MANAGEMENT AND ENERGY SOLUTIONS

Note: There are two different components to SIN 246-53: 1) Offers specifically for Energy Savings Performance Contracts (ESPC) discussed below; and

2) Offers for leasing related to OTHER than ESPC projects discussed following Component 1.


COMPONENT 1 – ESPCs


Contingent upon the ordering agency’s Scope of Work, selected clauses found in Appendix 1 of this Attachment may apply if construction is required.

FACILITY ENERGY SAVINGS UPGRADES AND IMPROVEMENTS PERFORMED UNDER THIS SIN SHALL COMPLY WITH ALL APPLICABLE PROVISIONS SET FORTH IN 42.U.S.C. § 8287 ET SEQ AND 10 C.F.R § 436.30 ET SEQ INCLUDING, AND IN ADDITION TO, THE FOLLOWING REQUIREMENTS:

Agencies may enter into energy savings performance contracts (ESPCs) under this SIN for a period not to exceed 25 years without funding of cancellation charges.

Annual Energy Measurement and Verification (M&V) are required. The M&V is required to be performed utilizing the International Performance Measurement and Verification Protocol (IPMVP). Steps in the process include: baseline verification, post-installation verification, and regular interval post-installation verification. Required M&V shall be included in the financing payment quoted by the contractor in response to the agency’s SOW.

Annual Energy Audits are to be performed utilizing the M&V Protocol issued by the Department of Energy’s Federal Energy Management Program (FEMP). Required energy audits may be performed by the agency. Annual energy audits performed by the contractor shall be included in the payment quoted by the contractor in response to the agency’s SOW.

Terms and Conditions of the Performance Guarantee shall be specified by the contractor in its response to the agency’s SOW. This guarantee shall, at a minimum, provide that the contractor is responsible for maintenance and repair services for any energy related equipment installed under this agreement (including computer software systems). The contractor shall guarantee a minimum amount of energy cost savings per year. Shall the minimum savings amount not be met, the difference shall be paid to the agency within 30 days of the end of the yearly period. An analysis shall be performed to determine if a contract change is required in the event that the guaranteed minimum amount is not met.

Aggregate annual payments made by an agency to both the utility and energy savings performance contract may not exceed the amount that the agency would have paid for utilities in the absence of the ESPC during the life of the agreement.

Guaranteed cost savings must exceed the debt service requirements.

Customer agencies shall have the right to place additional requirements within the scope of this contract in their SOW. Any maintenance agreement performed under this provision shall be effective for the duration of the project, unless otherwise specified by the agency in their scope of work.

The agency shall have the option of “buying out” the contract at any period during the project. The buy-out amount shall be the equitable adjustment (GSAM 552.243-71) and pricing proposal,(GSMA 552.243.70), based on the evaluation of the ESCO's proposal.

SPECIAL PROVISIONS


Contracts awarded under this SIN are to be for the number of years stated in the task order. The Government has the right to terminate this contract for convenience or default in accordance with Federal Acquisition Regulation Part 49.

CANCELLATION CEILING

In the event of a partial termination for convenience, the Government shall negotiate a reasonable equitable adjustment, (GSAM 552.243-71) and pricing proposal (GSAM 552.243-70) based on the evaluation of the ESCO's proposal.

PERFORMANCE DELAYS

The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine, restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence. Any delays caused by the Government in its contractual capacity shall be dealt with in accordance with Federal Acquisition Regulation 42.13. Notwithstanding this provision, the Contractor shall not be entitled to any adjustment in the term or price of the ESPC arising from delays caused by the Government unless a detailed Critical Path Method Schedule was provided to the Government at the start of the project and updated regularly by the Contractor.

ESPC ENABLE PROCESS - Overview

The Department of Energy’s (DOE) Federal Energy Management Program (FEMP) is facilitating a fast-track approach to ESPCs referred to as the ESPC Enable process tailored for small Federal facilities (under 200,000 square feet) to implement targeted energy conservation measures (ECMs) including but not limited to lighting, water, and controls. The ESPC ENABLE process provides a standardized process to quickly award and install projects with basic levels of measurement and verification (M&V).

The ESPC ENABLE process provides:

A streamlined and standardized selection and acquisition process. Defined parameters for savings and scope, and . M&V appropriate for the project size and scope.

For vendors who wish to participate in the ESPC ENABLE Process, current SIN 246-53 Schedule 84 contract holders can modify their contracts to annotate participation in the ESPC ENABLE Process.

All Schedule 84 contract terms and conditions will still apply when utilizing the ESPC ENABLE Process to the extent that such terms and conditions are not inconsistent with the ESPC authority (42 U.S.C. § 8287 et seq; 10 C.F.R § 436.30 et seq.) . Additionally, vendors utilizing the ESPC ENABLE Process may be required to provide various data elements to FEMP as described and incorporated into any resultant MAS Task Order placed against Schedule 84 utilizing the ESPC ENABLE Process.

ESPC ENABLE PROCESS STREAMLINED ORDERING PROCEDURES:


Contractor expresses interest to the Agency Request for Quotation / Notice of Opportunity (for Schedules – posted on GSA eBuy)*

Contractor and Agency enter into agreement for the Contractor to perform a detailed Investment Grade energy Audit (IGA). The contractor shall utilize the templates and tools provided by the DOE’s Federal Energy Management Program (FEMP) to perform the IGA.

Contractor shall present a final proposal which includes an overview of the proposed project, the audit findings and savings guarantees (generated from FEMP tool), M&V plan (generated from FEMP template) and a price proposal (including FEMP ESPC schedules). The price proposal shall consist of product prices, and labor prices (to be negotiated in accordance with awarded contract terms and conditions). The periodic payment shall be calculated by the Contractor utilizing the contractual rate of interest. In addition to the Final Proposal the ESCO will also present the scope of work, which may include preliminary drawings/plans.

Upon agreement to the price proposal and SOW, an ESPC MAS task order shall be issued by the ordering agency.

Upon acceptance of the work, the guarantee period shall begin.

*Agency will determine which contractor offers the best value after this step. No cost to the agency for this service.

SIN 246-53 - Energy Savings Performance Contracts Financing Agreement

Will be clearly identified within the GSA Schedule Contract documents.

NOTE: The chart below is a suggested format – rates or terms offered should be consistent with commercial rates or terms offered. If another format is utilized, provide as an attachment. Any differences in offered rates or terms for use of the ESPC ENABLE Process shall be noted on the chart or by attachment to this document.

Total Financed Amount Budgetary Rate Projected Contract Term

Projects under $1 M 5 Year and 10 Year Projects from $1 M - $2.5 M 5 Year

10 Year 15 Year

Projects over $2.5 M 5 Year 10 Year 15 Year

COMPONENT 2 – Leasing of Equipment Related to Facility Management


Options available under this attachment are: (mark as appropriate)

Lease to Ownership (Capital), Lease with Option to Purchase (Operating) Rental (Short-Term Lease)


Other lease options may be proposed and accepted if determined in the best interests of the Government. Specify in an attachment to this document.

Further terms and conditions for leasing and rental are found in the Leasing and Rental Attachments of this solicitation.

Contingent upon the ordering agency’s Scope of Work, selected clauses found in Appendix 1 of this Attachment may apply if construction is required.

Return of Equipment Upon Expiration of the Lease Term: Prior to award of the lease, the ordering agency is advised to negotiate with the Contractor any costs for dismantling or removal of a leased or rented equipment.

If the Government does not purchase the equipment by the expiration of the lease term, the equipment shall remain the property of the Contractor and the Contractor shall resume possession. The Contractor is required to remove the equipment within 30 days of completion of the lease term unless otherwise agreed upon by the ordering agency.

If the cancellation ceiling exceeds $10,000,000, the agency shall provide written notification to Congress in accordance with the National Energy Conservation Policy Act Requirements (42 USC 8287).

Customer agencies shall have the right to place additional requirements within the scope of this contract in their statement of work. Any maintenance agreement performed under this provision shall be effective for the duration of the lease, unless otherwise specified by the agency in their scope of work. The agency shall obtain title to the equipment following the final lease payment

The agency shall have the option of “buying out” the lease at any period during the lease. The buy-out amount shall be the remaining residual value.

SPECIAL PROVISIONS

This lease is for the number of years stated in the delivery order. The Government has the right to terminate this contract for convenience or default in the accordance with Federal Acquisition regulation Part 49.

In the event that the lease is terminated for lack of funding, the Government may purchase the leased equipment for the residual value within 30 days of receipt of invoice from the vendor or may elect not to purchase the leased equipment. Alternatively, if the equipment is not purchased, the Government shall permit the lessor to enter the premises and remove all or any portion of the leased equipment the lessor may choose. Any equipment not removed shall become the property of the Government.

CANCELLATION CEILING

Should the lease be completely terminated for convenience (for any reason other than the aforementioned lack of funding), the Government shall purchase the leased equipment for the residual value. The residual value shall be determined by utilizing the standard payments function on the commercially available spreadsheet program (e.g. Lotus 1-2-3, Excel, etc.) The contractor shall provide the Government a table detailing the yearly estimated residual value based on the interest rate quoted to the Government at the time of the Statement of Work.


In the event of a partial termination for convenience, the Government and the lessor shall negotiate a reasonable compensation to the lessor for the residual value of the leased equipment included in the terminated portion of the lease.

PERFORMANCE DELAYS

The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine, restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence. Any delays caused by the Government in its contractual capacity shall be dealt with in accordance with Federal Acquisition Regulation 42.13. Notwithstanding this provision, the Contractor shall not be entitled to any adjustment in the term or price of the lease arising from delays caused by the Government unless a detailed Critical Path Method Schedule was provided to the Government at the start of the project and updated regularly by the Contractor.

NOTE: The chart below is a suggested format – rates or terms offered should be consistent with commercial rates or terms offered. If another format is utilized, provide as an attachment.

Proposed Projected Least TermTotal Financed Amount Budgetary Lease Rate # of Months or Years

Projects under $______________

Projects between $____________

Projects over $_______________

SIN 246-54 – PROTECTIVE SERVICE OCCUPATIONS

Protective Service Occupations including Security Guards, Alarm Monitors, Baggage Inspectors, Corrections Officers, Court Security Officers, Detection Dog Handlers, Detention Officers, Firefighters, Police Officers, and Categories to support Operation On-site of Security Functions, and other support and related categories shall be provided as required in the agency task order. The following categories are requested as a minimum:

Category SCA Occupation Code

Court Security Officer 27010Guard I 27101Guard II 27102General Clerk 01118Detention Officer 27040Firefighter 27070Police Officer 27130


Supervisor*Assistant Project Manager*Project Manager* *Not covered by the Service Contract Act.

The offeror may also propose additional categories relating to guard services, as appropriate. Descriptions of labor categories covered by the Service Contract Act shall be in accordance with the Directory of Occupations published by the Department of Labor.

Guards provided shall meet all federal, state, and local requirements. Contractors shall comply with all requirements of the Service Contract Act, as specified elsewhere in this solicitation. Wage determinations shall be incorporated into resultant contracts at the time of award. It is the intent of the contracting officer to establish the contract using wage determinations for major metropolitan areas and add wage determinations or Collective Bargaining Agreements (CBAs) for new areas as the need arises using the Modifications Clause of this contract. Current Wage Determinations can be found at www.wdol.gov. See the “Read Me First” file attached to the Basic Solicitation Document at the FedBizOpps internet site www.fedbizopps.gov for instructions to download the Wage Determinations.

Contractors are required to maintain insurance in accordance with Clause 52.228-5, Insurance – Work on a Government Installation. Agencies’ Scope of Work will inform the Contractor of the required insurance amounts. Clause 52.228-5 is made part of this contract by reference. In addition, the contracting officer for the ordering agency may insert any agency unique requirements for the job, including employee suitability determination requirements (security checks), into the scope of work.

The Government desires to attain nationwide coverage under resultant contracts. However, offerors will be allowed to propose coverage on a metropolitan area or regional basis. Small businesses and others unable to provide nationwide coverage are encouraged to submit offers and pricing for each metropolitan or regional area proposed.

Offerors shall specify locations for which they propose to provide guard services and propose pricing for that location on a per-person, per-hour basis.

Orders shall be placed in accordance with FAR 8.4 – Federal Supply Schedules.

Information on Receiving Task Orders for new locations under SIN 246-54

The labor rates established in any contract for SIN 246-54 resulting from any offer against this Solicitation is subject to the limitations of scope for the applicable locations and Department of Labor wage determinations awarded under the contract. For any Vendor to properly quote and receive Task Orders that are within scope of their contract, the GSA Schedule contract must incorporate appropriate Wage Determinations and/or Collective Bargaining Agreements in effect at the facilities covered by the Task Ordering Agency’s Request for Quotations by the closing date of the RFQ. In addition, if a Vendor quotes an hourly rate higher than its corresponding GSA contract price, any Task Order awarded with rates that exceed the established GSA Schedule rates violates the terms and conditions of the GSA Schedule contract and may result in negative action taken by GSA, including but not limited to recovery of funds due to pricing violations or cancellation of the contract.

Department of Homeland Security (DHS) / Federal Protective Service (FPS) Information

http://www.fedbizopps.gov/

http://www.wdol.gov/


THE FOLLOWING INFORMATION IS PROVIDED “FOR INFORMATION ONLY” FOR THE BENEFIT OF ANY OFFERORS CONTEMPLATING COMPETING FOR GSA SCHEDULE TASK ORDERS FROM DHS/FPS.

For those vendors contemplating competing for FPS BPAs or task orders issued against GSA Schedule 84, please note that all the required labor categories, locations, wage determinations, Collective Bargaining Agreements (CBAs), and pricing (including separate Basic, TAS and EGS rates if applicable) must be incorporated into the vendor’s GSA Schedule contract prior to the closing date of the FPS issued RFQ. The Vendor’s GSA schedule rates must encompass all costs associated with provision of Guard II requirements as described within the attached FPS Statement of Work and all costs required to ensure compliance with the applicable Department of Labor wage determinations or Collective Bargaining Agreement in effect at the service locations described in the RFQ. If a vendor’s GSA Schedule does not include such pricing, vendors must contact their GSA Schedule 84 Contracting Officer and negotiate a modification to their current Schedule to establish these FPS specific rates prior to the closing date of the FPS issued RFQ.

Additionally, please note that all FPS issued RFQs are under the authority of FPS, and ensuring that all FPS RFQ requirements are met, including any requirements that pricing, labor categories, locations, etc., are incorporated into the vendor’s GSA Schedule contract are the sole responsibility of the vendor. Award of any Schedule contract or vendor requested modification to an existing Schedule

Additional Information on Contracts Awarded with SIN 246-54

The following will be required for all contracts awarded under this Solicitation that include SIN 246-54.

A) All active contract holders will be required to annually provide a listing of all awarded and currently active Task Orders awarded under the contract. This listing will include the following information: issuing agency, task order number, issuing Contracting Officer with contact information, period of performance, and total price.

B) All active contract holders will be required to submit financial information annually. This information will be used to evaluate ongoing Financial Risk Management on the contract.

See the 246-54 Evaluation document with the Solicitation for specific offer requirements for SIN 246-54 – Protective Service Occupations (Guard Services).


Addendum 1

TERMS AND CONDITIONS APPLICABLE TO SIN 246-51 - INSTALLATION REQUIRING CONSTRUCTION

THIS ATTACHMENT IS FOR USE ONLY WITH THE FOLLOWING PRODUCT/SERVICES ATTACHMENT:

FSC Group 63 - ALARM AND SIGNAL SYSTEMS/FACILITY MANAGEMENT SYSTEMS, PROFESSIONAL SECURITY/FACILITY MANAGEMENT SERVICES, AND GUARD SERVICES.

THE FOLLOWING CLAUSES AND REGULATIONS ARE ADDITIONAL CLAUSES APPLICABLE TO SIN 246-51 - INSTALLATION REQUIRING CONSTRUCTION, AND INCLUDES CONSTRUCTION CONTRACT CLAUSES AND LABOR STANDARDS (CONSTRUCTION CONTRACTS).

CONSTRUCTION CONTRACT CLAUSES(FIXED PRICE)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) (LOCAL DEVIATION)

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):

For contract clauses which are contained in the Federal Acquisition Regulation (FAR) the address is http://www.arnet.gov/far/.

For contract clauses which are contained in the General Services Acquisition Manual (GSAM) the address is http://www.arnet.gov/GSAM/gsam.html.

The following clauses are incorporated by reference:

CATEGORY REFERENCE CLAUSE NO. AND TITLE

ADJUSTMENTS FAR 52.243-4 Changes(8-87)GSAM 552.243-71 Equitable Adjustments (4-84)GSAM 552.243-70 Pricing of Adjustments (4-89)FAR 52.215-15 Pension Adjustments and Asset Reversions (10-04)GSAM 552.215-70 Examination of Records by GSA (2-96)FAR 52.215-18 Reversion or Adjustment of

Plans for Post-retirement BenefitsOther Than Pensions (PRB)(7-05)

AUDITS FAR 52.215-2 Audit and Records – Negotiation (6-99)FAR 52.215-11 Price Reduction for Defective

Cost or Pricing Data –Modifications (10-97) [applicable to modifications equal to or exceeding $500,000 and no exception applies]

FAR 52.215-13 Subcontractor Cost or PricingData – Modifications (10-97)[applicable to modificationsequal to or exceeding $500,000and no exception applies]

BONDS AND FAR 52.228-1 Bid Guarantee (9-96)INSURANCE FAR 52.228-2 Additional Bond Security (10-97)

FAR 52.228-11 Pledges of Assets (2-92)

http://www.arnet.gov/GSAM/gsam.html

http://www.arnet.gov/far/


FAR 52.228-12 Prospective Subcontractor (10-95)FAR 52.228-13 Alternate Payment Protections (7-00)

Requests for Bonds (10-95)FAR 52.228-14 Irrevocable Letter of Credit (12-99)FAR 52.228-15 Performance and Payment Bonds

Construction (9-05)CATEGORY REFERENCE CLAUSE NO. AND TITLE

FAR 52.228-5 Insurance -- Work on aGovernment Installation (1 -97)

GSAM 552.228-70 Workmen's Compensation Laws (9-99)

BUY AMERlCAN FAR 52.225-9 Buy American Act - Construction Materials (1-05)(under $6,725,000)

FAR 52.225-10 Notice of Buy American Construction Materials (5-02)FAR 52.225-11 Buy American Act Construction Materials under Trade

Agreements (1-05) (over $6,725,000)FAR 52.225-12 Notice of Buy American Construction Materials under

Trade Agreements (1-05)FAR 52.225-15 Sanctioned European Union County End Products

(less than $169,000) (2-00)FAR 52.247-63 Preference for U.S. - Flag Air Carriers (6-03)FAR 52.247-64 Preference for Privately Owned U.S. Flag

Commercial Vessels (4-03)

DISPUTES FAR 52.233-1 Disputes (7-02) (Alternate I)(12-91)

EMPLOYMENT FAR 52.222-3 Convict Labor (6-03)PRACTICES FAR 52.222-27 Affirmative Action Compliance Requirements

for Construction (2-99)FAR 52.222-35 Equal Opportunity for Special Disabled Veterans,

Veterans of the Vietnam Era, and Other Eligible Veterans (12-01)

ENVIRONMENTAL FAR 52.223-6 Drug-Free Workplace (5-01)PROTECTION FAR 52.223-11 Ozone-Depleting Substances (5-01)

FAR 52.223-12 Refrigeration Equipment and AirConditioners (5-95)

FAR 52.223-13 Certification of Toxic Chemical Release Reporting(8-03)

FAR 52.223-14 Toxic Chemical Release Reporting (8-03)

GENERAL FAR 52.202-1 Definitions (7-04) Alt 1(5-01)

INSPECTION FAR 52.246-12 Inspection of Construction (8-96)GSAM 552.246-72 Final Inspection and Tests (9-99)

OPTION FAR 52.222-30 Davis-Bacon Act – Price Adjustment (None orPRICING Separately Specified Pricing Method) (12-01)ADJUSTMENTS FAR 52.222-31 Davis-Bacon Act – Price Adjustment (Per-

centage Method) (12-01)FAR 52.222-32 Davis-Bacon Act – Price Adjustment (Actual

Method) (12-01)

PATENTS, DATA, FAR 52.227-1 Authorization and Consent (7-95)AND COPYRIGHTS FAR 52.227-2 Notice and Assistance Regarding Patent and

Copyright Infringement (8-96)FAR 52.227-4 Patent Indemnity - Construction Contracts (4-84)


PAYMENT FAR 52.232-5 Payments under Fixed-Price Construction Contracts (9-02)

FAR 52.232-27 Prompt Payment for Construction Contracts (9-05)FAR 52.243-6 Change Order Accounting (4-84)

PERFORMANCE FAR 52.211-10 Commencement, Prosecution, and Completion of Work(4-84)


FAR 52.211-12 Liquidated Damages – Construction (9-00)FAR 52.211-13 Time Extensions (9-00)FAR 52.236-26 Pre-Construction Conference (2-95)FAR 52.236-28 Preparation of Proposals-Construction (10-97)

FAR 52.236-5 Material and Workmanship (4-84)FAR 52.236-6 Superintendence by the Contractor (4-84)FAR 52.236-7 Permits and Responsibilities (11-91)GSAM 552.236-79 Samples (4-84)FAR 52.236-17 Layout of Work (4-84)FAR 52.236-14 Availability and Use of Utility Services (4-84)GSAM 552.236-75 Use of Premises (4-84)FAR 52.236-10 Operations and Storage Areas (4-84)GSAM 552.236-80 Heat (4-84)GSAM 552.236-74 Working Hours (4-84)FAR 52.236-9 Protection of Existing Vegetation,

Structures, Equipment, Utilities,and Improvements(4-84)

FAR 52.236-13 Accident Prevention (11-91) -or-Accident Prevention (11-91)(AIt I)(11-91)(Projects over 1 year induration or involving hazardousmaterials)

FAR 52.236-12 Cleaning Up (4-84)FAR 52.222-16 Approval of Wage Rates (2-88)FAR 52.222-17 Labor Standards for Construction Work-Facilities

Contracts (2-88)

PROTESTS FAR 52.233-2 Service of Protest (8-96)FAR 52.233-3 Protest after Award (8-96)

SCHEDULES FAR 52.236-15 Schedules for Construction Contracts (4-84)

SITE FAR 52.236-2 Differing Site Condition’s (4-84)CONDITIONS FAR 52.236-3 Site Investigations and Conditions Affecting the

Work (4-84)GSAM 552.236-76 Measurements (4-84)

SPECIFICATIONS FAR 52.236-21 Specifications and Drawings for AND DRAWINGS Construction (2-97)

GSAM 552.236-77 Specifications and Drawings (9-99)GSAM 552.236-78 Shop Drawings Coordination Drawings,

and Schedules(9-99)

STANDARDS OF CONDUCT FAR 52.203-5 Covenant Against Contingent Fees (4-84)FAR 52.203-7 Anti-Kickback Procedures (7-95)


FAR 52.203.8 Cancellation, Rescission, and Recovery of Funds forIllegal or Improper Activity (1-97)

FAR 52.203-12 Limitation on Payments toInfluence Certain Federal Transactions (9-05)

STOP WORK/ FAR 52.242-14 Suspension of Work (4-84)TERMINATION GSAM 552.211-84 Non-compliance with

Contract Requirements (2-96)FAR 52.249-2 Termination for Convenience of the Government

(Fixed-Price)(5-04)(Alt I)(9-96)FAR 52.249-10 Default (Fixed-Price-Construction)(4-84)


SUBCONTRACTING FAR 52.209-6 Protecting the Government's Interest whenSubcontracting with Contractors Debarred,Suspended, or Proposed for Debarment(1-05)

FAR 52.244-2 Subcontracts (Fixed Price Contracts)(8-98)FAR 52.244-6 Subcontracts for Commercial Items (12-04)

TAXES FAR 52.229-3 Federal, State, and Local Taxes (4-03)

USE AND FAR 52.236-11 Use and Possession Prior to Completion (4-84)

POSSESSION GSAM 552.236-81 Use of Equipment by the Government (4-84)

VALUE FAR 52.248-3 Value Engineering Construction (2-00)(Alt I)(4-84)ENGINEERING

WARRANTY AND FAR 52.246-21 Warranty of Construction (3-94)(Alt l)(4-84)GUARANTEES GSAM 552.246-75 Guarantees (5-89)

NOTE: THE FOLLOWING CLAUSE IS INCORPORATED IN FULL TEXT BECAUSE IT CONTAINS APPROVED DEVIATIONS TO FEDERAL ACQUISITION REGULATION (FAR) LANGUAGE OR IS OTHERWISE UNSUITABLE FOR INCORPORATION BY REFERENCE (IBR).

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (Mar 2007)

(a) Definitions. As used in this clause— “Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions. “Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or

subcontractor at any tier. (b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to

incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract. (c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sept 2006) (38 U.S.C. 4212(a) ); (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793 ).

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++(29)%20%20AND%20((29)%20ADJ%20USC)%3ACITE%20%20%20%20%20%20%20%20%20

http://www.acquisition.gov/far/current/html/52_222.html#wp1148097




http://www.acquisition.gov/far/current/html/52_217_221.html#wp1136032


http://www.acquisition.gov/far/current/html/52_217_221.html#wp1136032

http://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508


(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39).

(vi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 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 flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

LABOR STANDARDS (CONSTRUCTION CONTRACT)(Applicable to Contracts in Excess of $2,000)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARD ACT – OVERTIME COMPENSATION

(JULY 2005)

(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the rate of $10 per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards Act.

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments from other Federal or federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards Act.

(d) Payrolls and basic records.

(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Davis-Bacon Act.

(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours.

(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.


http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++(10)%20%252






52.222-6 DAVIS-BACON ACT (JULY 2005)

(a) Definition.—“Site of the work”—

(1) Means— (i) The primary site of the work. The physical place or places where the construction called for in the contract will

remain when work on it is completed; and (ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is

constructed, provided that such site is— (A) Located in the United States; and (B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided—

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and (ii) They are adjacent or virtually adjacent to the “primary site of the work” as defined in paragraph (a)(1)(i), or the

“secondary site of the work” as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the “site of the work.” Such permanent, previously established facilities are not a part of the “site of the work” even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage


determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage

rates contained in the wage determination. (2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their

representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the:

Wage and Hour DivisionEmployment Standards AdministrationU.S. Department of LaborWashington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification

action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

The Contracting Officer shall. upon his or her own action or upon written request of an authorized representative of the Department of Labor. withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics. including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including an apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988)


(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Davis Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(b) (1)The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraphs (a) of this clause This information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 02~ 005~O14-1) is available for this purpose and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors.

(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify -

(i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as s-led in the applicable wage determination incorporated into the contract

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance required by subparagraph (b)(2) of this clause.

(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

(c) The Contractor Or subcontractor shall make the records required under paragraph (a) of this clause available for inspection, copying, or transcription by the Contracting Officer or authored representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.


52.222-9 APPRENTICES AND TRAINEES – (JULY 2005)

(a) Apprentices. (1) An apprentice will be permitted to work at less than the predetermined rate for the work performed when

employed— (i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.

Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or

(ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program.

(3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(1) of this clause, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

(4) Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (b) Trainees.

(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS.

(2) Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed.

(3) In the event OATELS withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(c) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.


FAR 52.222-10 - COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract.

52.222-11 SUBCONTRACTS (LABOR STANDARDS) – (JULY 2005)

(a) Definition. “Construction, alteration or repair,” as used in this clause, means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation—

(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site; (2) Painting and decorating; (3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work; (4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i)

and (ii) of the “site of the work” as defined in the FAR clause at 52.222-6, Davis-Bacon Act of this contract, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the “site of work” definition; and

(5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the “site of the work” definition in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the FAR clause at 52.222-6, in the “site of the work” definition).

(b) The Contractor shall insert in any subcontracts for construction, alterations and repairs within the United States the clauses entitled—

(1) Davis-Bacon Act; (2) Contract Work Hours and Safety Standards Act—Overtime Compensation (if the clause is included in this

contract); (3) Apprentices and Trainees; (4) Payrolls and Basic Records; (5) Compliance with Copeland Act Requirements; (6) Withholding of Funds; (7) Subcontracts (Labor Standards); (8) Contract Termination—Debarment; (9) Disputes Concerning Labor Standards; (10) Compliance with Davis-Bacon and Related Act Regulations; and (11) Certification of Eligibility.

(c) The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the United States with all the contract clauses cited in paragraph (b).

(d)(1) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract.

(2) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract.

(e) The Contractor shall insert the substance of this clause, including this paragraph (e) in all subcontracts for construction within the United States.

52.222-12 CONTRACT TERMINATION - DEBARMENT (FEB 1988) A breach of the contract clauses entitled Davis-Bacon Act, Contract Work Hours and Safely Standards Act - Overtime Compensation, Apprentices and Trainees,, Payrolls and Basic Records, Compliance with Copeland Act


Requirements, Subcontracts (Labor Standards), Compliance With Davis-Bacon and Related Act Regulations, or Certification of Eligibility may be grounds for termination of the contract, and for Debarment as a Contractor and subcontractor as provided in 29 CFR 5.12.

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3, and 5 are hereby incorporated by reference in this contract

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

The United States Department of Labor has set forth in 29 CFR Parts 5,6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

(a) By entering Into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.1 2(a)(1).

(c) The penalty for making false statements is prescribed in the U.S. Criminal Code 18 U.S. C. 1001.