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August 31, 2017 Newswires
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Combine Solicitation – S– Sharps Removal

FedBizOpps

Notice Type: Combine Solicitation

Posted Date: 30-AUG-17

Office Address: Department of Veterans Affairs;Network Contracting Office (NCO) 10;6150 Oak Tree Blvd., Suite 300;Independence OH 44131

Subject: S-- Sharps Removal

Classification Code: S - Utilities and housekeeping services

Solicitation Number: VA25017Q1127

Contact: Morgan K SeligContract Specialist mailto:[email protected] [Combined Synopsis Sharps Removal]

Setaside: Service-Disabled Veteran-Owned Small BusinessService-Disabled Veteran-Owned Small Business

Place of Performance (address): Cleveland VA Medical Center;Wade Park Campus;10701 East Blvd;Cleveland, OH

Place of Performance (zipcode): 44106

Place of Performance Country: USA

Description: Department of Veterans Affairs

Brecksville (Cleveland) VAMC

Department of Veterans Affairs Medical Center

FedBizOppsCombined Synopsis/Solicitation Notice

*

*

*

*

*

*

*

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF contact

(POC Information Automatically Filled from

User Profile Unless Entered)

DESCRIPTION

*

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY contact'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field

FedBizOpps Combined Synopsis/Solicitation Notice

Rev. March 2010

S

Sharps Removal

44131

VA250-17-Q-1127

09-14-2017

60

N

14

562112

Department of Veterans Affairs

Network Contracting Office (NCO) 10

6150 Oak Tree Blvd., Suite 300

Independence OH 44131

Morgan K Selig

Contract Specialist

Cleveland VA Medical Center

Wade Park Campus

10701 East Blvd

Cleveland, OH

44106

USA

[email protected]

Combined Synopsis Sharps Removal

Page 18 of 18

Page 18 of 18

DESCRIPTION: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.--This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation Number VA250-17-Q-1127 is being issued as a Request for Quote (RFQ) and the intent is to award a firm fixed price for sharps removal and disposal. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-51.-- This requirement is available as a total set-aside for service disabled veteran owned small business for commercial items under the North Atlantic Industrial Classification System (NAICS) 562112 (38.5 million).

REQUIREMENTS: The Louis Stokes Cleveland VA Medical Center is seeking sources that can provide: sharps removal throughout the whole medical center and to other designated locations mentioned below. The Contractor shall provide all labor, material, equipment, transportation and supervision necessary to provide Recycle Needle Box, Sharps Removal Service to all locations throughout the Louis Stokes Department of Veterans Affairs Medical Center located at 10701 East Boulevard Cleveland, Ohio 44106, Parma Community Based Outpatient Clinic located at 8787 Brookpark Road Parma, Ohio 44129, Hemodialysis Center located at 7000 Euclid Ave Cleveland, Ohio 44103 and the Ambulatory Surgery Center located at 8901 Superior Ave Cleveland, Ohio 44106 in accordance with the terms, conditions, and schedule contained herein. The solicitation will be a base year with two option years. The base period of performance will be from 10-1-2017 through 9-30-2018.

PROVISIONS AND CLAUSES: This combined synopsis lists one or more clauses by reference with the same force and effect as if they were given in full text (FAR 52.252-2). The provisions at FAR 52.212-1, Instructions to Quoters-Commercial Items, apply to this. --This solicitation is being issued under FAR 13.5 and in accordance with Federal Acquisition Regulation FAR 52.212-2 Evaluation-Commercial Items all quotes will be considered for Best Value. The Government will award a contract resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.-- The following factors shall be used to evaluate quotes. (1) Technical capability.--(2) Price: Quote for each line item, including but not limited to the requirements listed above. --Options will be included in Price Evaluation. --Technical capability is more important than price.

52.252-2 FAR Clauses Incorporated by Reference:

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights;

52.203-99 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements;

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper;

52.204-7- Central Contractor Registration;

52.204-9 Personal Identity Verification of Contractor Personnel;

52.212-1-Instructions to Quoters Commercial Items;

52.212-2 Evaluation Commercial Items

52.212-4 Contract Terms and Conditions Commercial Items;

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items;

52.217-8 Option to Extend Services;

52.219-9, Small Business Subcontracting Plan;

52.219-14 Limitation on Subcontracting;

52.228-5 Insurance-Work on a Government Installation; CL-120 Supplemental Insurance Requirements;

52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration;

52.232-40 Providing Accelerated Payments to Small Business Subcontractors;

52.333-3 Protest After Award;

VAAR 852.203-70 Commercial Advertising;

VAAR 852.203-71 Display of Department of Veterans Affairs Hotline Poster;

VAAR 852.215-70 Separate priced line item, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors;

VAAR 852.215-71, Evaluation Factor Commitments;

VAAR 852.219-9 VA Small Business Subcontracting Plan Minimum Requirements; 001AL-11-15-C Subcontracting Plan Monitoring and Compliance;

VAAR 852.219-11 VA Notice of Total Veteran-Owned Small Business Set-Aside; 001AL-11-15-A Limitations on Subcontracting Monitoring and Compliance;

VAAR 852.232-72 Electronic Submission of Payment Requests;

VAAR 852.233-70 Protest Content/Alternative Dispute Resolution;

VAAR 852.233-71 Alternate Protest Procedure;

VAAR 852.237-70 Contractor Responsibilities;

VAAR 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference;

VAAR 852.270-1 Representatives of Contracting Officers.

WARRANTY AND SERVICE: Indicate terms. DELIVERY AND INSTALLATION: F.O.B. Destination is preferred, please include any freight in the individual item pricing if applicable. The government will arrange for shipping if the estimated cost for handling is over $250. Please include an estimated date of arrival. NOTE: The Government reserves the right to award without discussions, vendors shall submit the most favorable terms. Small businesses, especially service-disabled veteran owned small businesses and veteran owned are encouraged to contract their nearest Procurement Technical Assistance Center (PTAC) if assistance is needed in preparing their quote. The web site address for the location of the nearest PTAC is http://www.sellingtothegovernment.nct.

ELECTRONIC INVOICE SUBMISSION: The Department of Veterans Affairs (VA Financial Service Center (FSC) is the designated agency office for invoice receipt in accordance with the Prompt Payment Act (5 CFR part 1315). FSC or its designated representative may contact the vendor to provide specific instructions for electronic submission of invoices. The vendor will be responsible for any associated expenses. FSC may utilize third-party contractors to facilitate invoice processing. Prior to contact by FSC or its designated representative for electronic invoicing submissions, the vendor shall continue to submit all invoices to FSC at the following mailing address: Department of Veterans Affairs, Financial Services Center, and PO Box 149971, Austin, TX 78714-8971.

Quoters shall complete FAR 52.212-3 Quoters Representations and Certifications-Commercial Items available for online registration at http://orca.bpn.gov or include a written copy with the quote submitted. The clause at 52.212-4 Contract Terms and Conditions-Commercial Items, applies to this acquisition, to include the following addendum to the clause: 52.204-7 (SAM registration) the successful Quoter must be registered with the System Award Management (SAM) to be awarded a contract, you may register easily and quickly on-line at http://www.sam.gov, 52.232-34 (Payment by Electronic Funds), VAAR 852.237-70 (Contractor Responsibility) and 852.2370-4 (Commercial Advertising). The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items, applies to this acquisition which shall include the following clauses by reference. Clauses: 52.203-6, 52.217-8, 52.217-9, 52.219-4, 52.219-8, 52.219-23 alt1, 52.222-21, 52.222-26, 52.222-35, 52.222 36, 52.222-37, 52.225-3 Alternate I, 52.232-19, VAAR 852.215-71. The preceding Federal Acquisition Regulations (FAR) clauses and provisions may be accessed on the Internet at http://www.arnet.gov/far. The preceding Veterans Administration (VAAR) clauses and provisions may be accessed on the Internet at http://www.va.gov/oa&mmlvarr/. To receive credit as a Service Disabled Veteran Owned Small Business, a quoter must be registered and verified in Vendor Information Pages (VIP) database. (http://www.VetBiz.gov).

All questions must be submitted to Morgan Selig, Contract Specialist by e-mail only by Monday September 11th, 2017. All responses to questions that may affect quotes will be incorporated into a written amendment to the solicitation. Quotes and accompanying information are due by email no later than 3 p.m. EST Wednesday September 13th, 2017

Technical questions and Quotes must be sent by email to [email protected].

Louis Stokes Cleveland VA Medical Center

10701 East Blvd.

Cleveland, Ohio 44106

Performance Work Statement

Cleveland VA requires a contractor to provide service for sharps removal throughout the whole medical center and to other designated locations mentioned below. The Contractor shall provide all labor, material, equipment, transportation and supervision necessary to provide Recycle Needle Box, Sharps Removal Service to all locations throughout the Louis Stokes Department of Veterans Affairs Medical Center, 10701 East Boulevard, Cleveland, Ohio 44106, Parma CBOC located at 8787 Brookpark Road, Parma Ohio 44129, Hemodialysis Center located at 7000 Euclid Ave, Cleveland Ohio 44103 and the Ambulatory Surgery Center located at 8901 Superior Ave, Cleveland, Oh 44106 in accordance with the terms, conditions, and schedule contained herein.

This is for Sharps Removal Services contract for Wade Park, Parma, Hemodialysis and New Outpatient Surgery Center, commencing on Date of Award and ending September 30, 2020 with two, one year option renewals. Option year rate will be reviewed on the anniversary date and adjusted accordingly to the current industry market rate.

Performance Schedule:

Base Year October 1, 2017 through September 30, 2018

Option Year 1 October 1 2018 through September 30, 2019

Option Year 2 October 1, 2019 through September 30, 2020

Price Schedule: The Quoter will provide fixed monthly rate pricing based on the number of containers listed below. In addition, the quoter will provide the price of each additional container (include all sizes) as stated for each of the CLINS and option years listed below. Prices should be stated in '' cent multiples.

Base Year October 1, 2017 thru September 30, 2018

CLIN

Description

Quantity of units at all locations

Each Price Per Container

Total

0001

Pick-up 2-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

320

$

$

0002

Pick-up 3-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

15

$

$

0003

Pick-up 4-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

521

$

$

0004

Pick-up 8-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

80

$

$

005

Pick-up 17-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

190

$

$

006

Price for additional sharp containers.

$

$

007

Price for additional dollies

Base Year Total $____________________________

Option Year 1 October 1, 2018 thru September 30, 2019

CLIN

Description

Quantity of units at all locations

Each Price Per Container

Total

0001

Pick-up 2-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

320

$

$

0002

Pick-up 3-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

15

$

$

0003

Pick-up 4-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

521

$

$

0004

Pick-up 8-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

80

$

$

005

Pick-up 17-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

190

$

$

006

Price for additional sharp containers.

$

$

007

Price for additional dollies

Option Year 1 Total $____________________________

Option Year 2 October 1, 2019 thru September 30, 2020

CLIN

Description

Quantity of units at all locations

Each Price Per Container

Total

0001

Pick-up 2-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

320

$

$

0002

Pick-up 3-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

15

$

$

0003

Pick-up 4-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

521

$

$

0004

Pick-up 8-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

80

$

$

005

Pick-up 17-Gal Sharp Containers at Wade Park, Parma, Hemodialysis, OAC

190

$

$

006

Price for additional sharp containers.

$

$

007

Price for additional dollies

Option Year 2 Total $____________________________

Total Amount Base Plus Two Option Years $____________________________

EVALUATION

FAR 52.212-2 Evaluation Commercial Items.-- This as a 100% Service Disable Veteran Owned Small Business (SDVOSB) set-aside. --The Government shall award a contract resulting from this solicitation to the responsible SDVOSB whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes: technical capability and price.-- Technical capability is more important than price.

A. TECHNICAL CAPABILITY

The Government will evaluate the Contractor s quote based on Contractor s Capability to:

Contractor shall ensure that the handling and final disposal of sharps is, in compliance with the Department of Transportation (DOT), Environmental Protection Agency (EPA), Department of Health (DOH), Department of Environmental Conservation (DEC), Food and Drug Administration (FDA) and applicable Federal, State and Municipal governmental regulations and codes. This shall include:

Transport Vehicles:

Vehicles shall be equipped with fully enclosed, leak-resistant cargo body, maintained in a sanitary condition and secured when left unattended.

Vehicles shall bear the transporter s name, State permit and the words Medical Waste or Regulated Medical Waste on the sides of the body.

Waste shall not be subject to mechanical stress.

Regulated medical waste shall not be combined with other waste.

Marking Requirements:

Transporter shall provide waste-resistant labeling on all containers of regulated waste with the following information:

Name of Transporter or immediate handler.

State permit or identification number of the transporter.

Intermediate Handlers:

No intermediate handlers or subcontracting of transportation is allowed.

Manifest Requirements:

Transporter shall sign, date and furnish a copy of the manifest prior to any Medical regulated waste leaving the pickup sites of Sharp Waste generator.

Transporter shall certify that the manifest data matches the load to be removed.

Transporter shall deliver the waste to an authorized facility and sign the manifest to verify that Sharp Waste has been delivered.

Transporter shall maintain a copy of the manifest for their records.

Transporter shall return all remaining copies of the manifest to the generator, assuring final disposal.

Contractor shall provide proof of a State of Ohio EPA processing permits, Transportation Licenses, all City Permits and proof of a permit annually thereafter. Contractor shall provide proof of a minimum of $1,000,000.00 Environmental Restoration Insurance and provide proof annually thereafter.

Contractor shall provide Worker s Compensation, Professional Liability Insurance, Health Examinations, Income Tax Withholdings and Social Security Payments for protecting the personal furnishing services under this contract.

Contractor shall ensure that all vehicles conspicuously are labeled as required by law and regulations. Vehicles shall be owned by the transporter or leases for a minimum of one year or more. Proof of ownership or lease must accompany this solicitation. Vehicles shall not be used in transport material other than regulated Sharp Waste simultaneously. Vehicles shall be properly disinfected, as a result of spills or leaks, when applying and using the appropriate Department of Health (DOH) procedures. Contractor shall immediately notify the Department of Environmental Conservation (DEC), and the generator, if a vehicle is involved in a spill or accident which render the vehicle non-compliant with applicable rules and regulations.

Contractor shall provide reusable container replacement to perform the service of collection, removal and disposal of Sharp Waste at regularly scheduled intervals of at least one (1) day per week and at mutually agreed upon, regularly scheduled intervals at the Wade Park, Parma CBOC, Ambulatory Surgery Center and Hemodialysis Center.

Contractor shall report to the VA Medical Center Environmental Management Service or designated personnel upon arrival and departure of each facility, in regards to technician procedures. Contractor shall respond to service calls within eight (8) hours after notification by the Contracting Officer Representative (COR), a deduction of 1/30th of the monthly rate may be taken for each day work is not performed.

Normal hours of coverage are Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding weekends and official Federal Holidays. All services will be performed during normal hours of coverage unless requested or approved by the COR or his designee. Services and pickups that fall on holidays may be scheduled the following day, as requested by the VA Medical Center.

Contractor shall remove all existing sharps containers that are 1/3 full or more and replacement of container brackets, if required. Sharp containers shall be secured to tops or sides of wheeled medication carts and shall supply reusable sharps containers which have vertical/direct drop openings, are rigid, heavy duty, puncture resistant, leak proof on sides and bottom, and able to be closed for transport. Reusable containers shall be provided with a sloped shoulder designed to prevent needles or other objects from being left on top of the container. Reusable containers shall be provided with a viewing window so that clinicians can see the level of sharps in the container while remaining aesthetically pleasing to patients and visitors. Contractor shall provide containers that comply with the Federal, State and Local regulations regarding labeling. All containers shall be clearly labeled with the Biohazard symbol and the word BIOHAZARD displayed on them.

Contractor shall furnish Sharp Waste reusable sharp containers, outer cabinets, equipment, labor, service for removal and disposal of such waste in accordance with the following regulations: (1) Classify (Per current Federal, State and Local Government requirements, DOT standards) as per 40 CFR Transportation, Parts 100-199, (2) Label (Per current Federal, State and Local Government requirements, DOT standards), as per 40 CFR Transportation, Parts 100-199, and (3) Package (Per current Federal, State and Local Government requirements, DOT standards), as per 40 CFR Transportation, Parts 100-199.

Contractor shall provide the following reusable sharps containers:

a. 2 gallon 320 each

b. 3 gallon 15 each

c. 4 gallon 521 each

d. 8 gallon 80 each

e. 17 gallon 190 each

Total: 1126 sharps containers

(NOTE: Since there will be additional charges for additional containers and dollies please be ready to provide the price.)

Contractor shall use reusable sharp containers and collect, reprocess containers and dispose of waste in compliance of all applicable Federal, State and Local regulations including, but not limited to the following standards: (1) Occupational Safety and Health Administration (OSHA), including but limited to Blood Borne pathogens Standard 29 CFR 1910 and 1030 and the Needle Stick Safety and Prevention Act HR 5178 as it specifically relates to reusable containers, (2) the Ohio Environmental Protection Agency (EPA), (3) Food and Drug Administration (FDA) including but not limited to Title 21 of the Code of Regulations (CFR) and Quality Systems Regulation (QSR) with regards to reprocessing, validation, reporting and annual registering for all equipment used to release medical equipment into commerce. The VA reserves the right to thoroughly inspect the Contractor s facility and treatment plant to assure acceptable standard of performance.

Contractor shall maintain a log of regulated Sharp Waste shipments which include quantity of waste shipped, sources and delivery points. (Note: This requirement shall not be confused with manifest requirements mentioned and referred to elsewhere). Records shall be kept on file for three years.

B. PRICE EVALUATION APPROACH

Price will not be evaluated adjectivally or assigned a score. The Government will evaluate price to determine whether it is considered fair and reasonable. The Government will evaluate price reasonableness using price analysis techniques. Proposed pricing will also be evaluated to ensure balance.

Note: Technical Capability is more important than price.

(b) Options. The Government will evaluate quotes for award purposes by adding the total price

for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quoter s specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

WAGE DETERMINATION LIST

WD 15-4728 (Rev.-3) was first posted on www.wdol.gov on 08/01/2017

*********************************************************************

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

|

|

|

| Wage Determination No.: 2015-4728

Daniel W. Simms Division of | Revision No.: 3

Director Wage Determinations| Date Of Revision: 07/25/2017

_______________________________________|____________________________________________

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for

calendar year 2017 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 $10.20 per hour (or the applicable wage rate listed on this wage

determination, if it is higher) for all hours spent performing on the contracting calendar year 2017. 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: Ohio

Area: Ohio Counties of Cuyahoga, Geauga, Lake, Lorain, Medina

31361 - Truckdriver, Light 16.42

31362 - Truckdriver, Medium 19.05

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal

Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1,2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for

reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: Life, accident, and health insurance plans, sick leave, pension plans, civic and personal leave, severance pay, and savings and thrift plans. Minimum employer contributions costing an average of $4.41 per hour computed on the basis of all hours worked by service employees employed on the contract.

HEALTH & WELFARE EO 13706: Minimum employer contributions costing an average of $4.13 per hour computed on the basis of all hours worked by service employees employed on the covered contracts.

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 hours a week) and Sunday is part of your

regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime(i.e. occasional work on Sunday outside the normal tour of duty is considered

overtime work).

** 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 toordnance, (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)).

Link/URL: https://www.fbo.gov/spg/VA/BreVAMC/VAMCCO80220/VA25017Q1127/listing.html

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