(b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001690 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001691 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001692 24. ITEM NO. . . - SCHEDULE OF - I QUANTITY UNIT UNET PRICE AMOUNT The ICE are incorporated as follows: . Remove the following language from Article II Covered Services and Article Support and EH Medical_8ervices: DConsistent with the types and levels of services and programs routinely afforded its own populationD And replace it with: Din accordance with the most current edition of- the ICE Performance Based National-Detention found within the ICE Detention Operations Manual located at and fully.consistent with all applicable laws, standards, policies and procedures and court orders applicable to its faCility (or facilities), unless or as specifically modified under this Agreement. This incorporates by reference the 2010 ICE Performance.Based National Detention Standards (2010 The-contractOr agrees to use its best efforts to comply with the Continued 32a. QUANTITY COLUMN 21 HAS BEEN ACCEPTED, AND CONFORMS TO THE CONTRACT. EXCEPT AS - EJINSPECTED [j NOTED: 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE . 32a. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF GOVERNMENT REPRESENTATIVE 329. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE SLVOUCHERNUMBER SEPAYMENT SICHECKNUMBER - 1 CORRECTFOR - COMPLETE a PARTIAL Ij FINAL [3 PARTIAL FINAL 33. SIR ACCOUNT NUMBER 39. SIRVOUCI-IER NUMBER 40. PAID BY '41s. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT . 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE I - - 42b. RECEIVED AT (Location) 42c. DATE 42d. TOTAL CONTAINERS STANDARD FORM 1449 (REV. 32005) BACK . I 5! EFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE 0F CONTINUATION SHEET 3 38 NAME OF OFFEROR 0R CONTRACTOR . EVANGELINE PARISH SHERI FFS OFFICE ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT IA) (C) (D) (E) (F) performance contained in the 2010 Ia) Under Article II add the following: b) I Under Article II add the following: DICE Detainees will be provided visitation privileges every weekend day and holiday'for a 'thirty minute period and upon preeapproved request during the week for thirty minutes.U- Period of Performance: 06/22/2010 to_06/21/2015 minimal performance levels and-also agrees to use _its best efforts to attain the optimal levels of -Specify the recreation_and visitation as follows: DICE detainees housed-in each housing unit will be permitted open access to an adjoining outdoOr recreation yard during a three hour period in the 'morning and a three hour period in the afternoon 'seven days a week.? - The total amount of aWard: $0.00. The obligation" for this_award is shown in box 26. - NSN 754001453806? OPTIONAL FORM 33601-86) Sponsored by GSA FAR (43 53.110 Jun 2510 09:17a EPSO Immigration and Customs Enforcement 337?363-7435 p.1 1 . AGREEWNT- - - . . UNITED. Sums OF HDMLAND sat:me Us. - OFFICE OF AND REMOVAL This Inter-Govemmeniai SerVice Agreement (?Agreemsnt?) is entered into betweezi United . States Deparbnent of Hameland Security ?m?gration and Customs Enforcement and Evangeiine Pa?sh, Louisiana (?Service Provider?) for the detention and care of aliens The term ?Earths? is used in' this Agreement ID refer jointly to ICE and the service'Pmidcr. . TheS?rvige vaid?r ?ha?-pfovidadctentiqn ser?c?s for-detai?ses?at i -. South Imuisinna Correctional Center (?Facility?) I 3843 Stagg Avenue . Basile, LA 70515 Mast)me -. . 'n Attachment In Title 29, Pm 4 Labor Standards for Fed?ral Service Contract Clause Attachment 2 Wage?netemjna?en Number 2005-2229 med 6/16/2010 . 1N WHEESS the undersigned, duly a?thorized of?cem', have s?bscribed Mir-names - - . on behalf ofthe Evangelin? Parish and Department of Homeland Seemity,? Immigrz?on ant} - Customs Enforcement. 7 I - Ev glam Palm: - W1 Sheriffmxambiwxc) 'Sig; Signatu Dag. I i Date: 1 'A?ticle Purpose Page; 1 ofi? 3- '1.1 Purpose: The purpose of this Intergovernmental Service Agreement (IGSA) is to establish an Agreement between ICE and the Service Provider for the detention and care of persons detained under the authority of the Immigration and Nationality Act, as amended. All persons in the custody of ICE are ?Administrative Detainees?. This term I recognizes that ICE detainees are not charged With criminal violations and are only held in custody to assure their presence throughout the administrative hearing'process and to assure their presence for removal from the United States pursuant to a lawful ?nal order by the Immigration Court, the Board of Immigration Appeals or other Federal judicial body. . B. Responsibilities: This Agreement sets forth the responsibilities of ICE and the Service Provider. The Agreement states the services the Service Provider shall perform satisfactorily to? receive payment from ICE at the rate prescribed inArticle'I, C. C. Guidance: This is a ?xed rate agreement, not a cost reimbursable agreement, with respect to the detainee day rate. The detainee day rate is $53.02. ICE shall be responsible for reviewing and approving the costs associated with this Agreement and subsequent modi?cations utilizing all applicable federal procurement laws, regulations and standards in arriving at the detainee day rate. . - - Article II. General Commencement of Services: ICE is under no obligation to utilize the facility identi?ed. herein until the need for'detention services has been identi?ed, funding has been identi?ed and made available, and the facility meets ICE requirements and is in compliance with ICE detention standards. -- A. undingf The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present detainees to the Service Provider nor direct performanceof any other services until ICE has the appropriate funding. Orders will be placed under this Agreement when specific requirements have been identi?ed and funding obtained. Performance under this Agreement is not authorized until the Contracting Officer issues an order in writing. The effective date of the Services will be negotiated and speci?ed in a delivery orderto this Agreement. C. Subcontractors: The Service Provider shall notify and obtain-approval from the ICE Contracting Of?cer?s Technical Representative (COTR) or designated ICE official if it intends to house ICE detainees in a facility other than the South Louisiana Correctional Center If either that facility, or any future facility is operated by an entity other than the Service Provider, ICE shall treat the entity as a Subcontractor to the Service Provider. The Service Provider shall obtain the Contracting Officer?s approval before subcontracting the detention and Care of detainees to another entity. The Contracting - Officer has the right to deny, withhold, or' withdraw approval of the pr0posed subcontractor. Upon approval by the Contracting Of?cer, the Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide ICE with copies _of all subcontracts. All payments will be made to the Service Provider. I Page of 16 .mnh?memz .. ICE will not accept invoices from, or make paymentsto a subcontractor. Subcontractors that perform under this agreement aresubject to the terms and conditions of this IGSA. D. Consistent with Law: This is a ?rm ?xed rate agreement, not a cost reimbursable agreement. This Agreement is permitted under applicable statutes, regulation, policies or judicial mandates. Any provision of this Agreement contrary to applicable statutes, regulation, policies or judicial mandates is null and void and shall not necessarily affect the balance of the Agreement. Cavered Services A. Bedsp' ace: The Service Provider shall provide male/female beds on a space available basis. The Service Provider shall house all detainees as determined within the Service Provider?s classi?cation system. ICE will be ?nancially liable only for the actual- detainee days as de?ned in Paragraph of Article B. 'Basic Needs: The Service Provider Shall provide ICE detainees with safekeeping, - . housing, subsistence, medical and other services in accordance with this Agreement; In providing these services, the Service Provider shall ensure compliance with all applicable laws, regulations, ?re and safety codes, policies and procedures. The types and levels of I services shall be consistent with those-the Service Provider routinely affords other inmates. - If the Service Provider determines that ICE has delivered a person for Custody who is under the age of eighteen (18), the Service Provider shall not house that person with adult detainees and shall immediately notify the ICE COTR or designated ICE of?cial. ICE will use its best efforts to remove the juvenile within seventy-two (72) horns. I . C. Unit of Service and Financial Liability: The unit of service is called a ?detainee day?? and . . is de?ned as one person per day. The detainee day begins on the date of arrival. The Service Provider may bill ICE for the date of arrival but not the date of departure. The Service Provider shall not charge .for costs that are not directly related to the housing and detention of detainees. Such costs include but are not limited to: 1) Salaries of elected of?cials 2) Salaries of employees not directly engaged in the housing and detention of . detainees - I. 3) Indirect costs in which a percentage of all local government costs are pro-rated and applied to individual departments unless those costs are allocated under an . approvedCost Allocation Plan 4) Detainee Services which are not provided to, or cannot be used by, Federal detainees - 5) Operating costs of facilities not utilized by Federal detainees . 6) Interest on borrowing (however represented), bond discounts, costs 'of ?nancing/re?nancing, except as prescribed by OMB Circular A-87 - . 7) Legal or professional fees (speci?cally legal expenses for prosecution of claims against the Federal Government, legal expenses of individual detainees 01" inmates) Page 3 of 16 8) Contingencies - D. I Interpretive Services: The Service Provider shall make special provisions for non- English speaking, handicapped or illiterate detainees. ICE will reimburse the Service Provider for the actual costs associated With providing commercial written or telephone language interpretive services. Upon request, ICE will assist the Service Provider in obtaining translation services. The Service Provider shall provide all instructions verbally either in English or the detainees? language, as appropriate, to detainees who cannot read. The Service Providershall inclUde the actual costs that the Service Provider paid for sUch services onits invoice. Except in emergency situations, the Service Provider shall not use detainees for translation services. If the ServiceProvider I uses a detainee for translation service, it shall notify ICE within twenty-four (24) hours of the translation service. E. Escort and Transportation Services: The Service Provider will provide, upon request and as scheduled by ICE, necessary escort and transportation services-for ICE detainees to and from designated loCations. Escort serVices may be required fOr escorting detainees to court hearings; escorting witnesses to the courtroom and staged with. the ICE Judge.- during administrative proceedings. Transportation Services shall be performed by at least I two (2) quali?ed sworn law enforcement or correctional of?cer personnel employed by the Service Provider under their policies, procedures and authorities. See Article XVII. Article IV. A. Required Activity: The Service Provider shall receive and discharge detainees only to and from properly identi?ed ICE personnel or other properly identi?ed Federal law- enforcement of?cials with prior authorization from Presentation of US.- Government identi?cation shall constitute ?proper identi?Cation.? The Service Provider shall furnish receiving and discharging services twenty-four (24) hours per day, seven (7) days per week. ICE shall ?rmish the Service Provider with reasonable notice of I receiving and discharging detainees. The Service Provider shall ensure positive identi?cationand recording of detainees and ICE of?Cers. The Service Provider shall not permit medical or emergency discharges except through coordination with on-duty ICE of?cers. - B. Emergency Situations: ICE detainees shall not be released from the facility into the custody of other Federal, state, or local of?cials fer any reason, except for medical or - . emergency situations, without express authorization of ICE. - C. Restricted Release of Detainees: The Service Provider shall not release ICE detainees from its physical custody to any persons other than those described in ParagraphA of Article IV for any reason, eXcept for either medical, other emergency situations, or in response to a federal writ of habeas corpus. If an ICE detainee is. sought for federal, state,- . or local proceedings, only ICEmay authorize release of the detainee for such purposes. The Service Provider shall contact the ICE .COTR or designated ICE of?cial immediately regarding any such requests. I Page 4 of 16 - I - . D, Service Provider- Right of Refusal: The Service Provider retains the right to refuse acceptance, or request removal, of any detainee exhibiting violent or disruptive behavior, or of any detainee found to have a medical condition that requires medical care beyond the scope of the Service Provider?s health care provider. In the case of aidetainee already in custody, the Service Provider shall notify ICE and request such removal of the detainee from the Facility. The Service Provider shall'allow ICE reasonable time to make alternative arrangements for the detainee. Emergency Evacuation: In the event'of an emergency requiring evacuation of the Facility, the Service Providerlshall evacuate ICE detainees in the same manner, and with the same safegtiards, as it employs for persons detained under the. Service PrOvider?s authority. The Service Provider shall notify the ICE COTR or designated ICE of?cial within two (2) hours of evacuation. - - 5 ArlicleV. Detmtion Standards SatisfactorvPerformance: . The Service Provider is required to house detainee and perform related detention services in . accordance with the most current edition 'of the ICE Performance Based National Detention Standards found within the ICE Detention Operations Manual. This manual can . be found at ICE Inspectors will conduct periodic inspections of the facility to assure compliance with the ICE Performance Based National Detention Standards. I 1.2 Article VI. Medical Services A. The Service Provider shall be-responsible for providing health care services for ICE - detainees at the facility, including: on?site sick call, over the counter medication and - routine drugs and medical supplies. B. In the event of an emergency, the Service Provider shall proceed immediately with necessary medical treatment. In such event, the Service Provider shall notify ICE immediately regarding the nature of the transferred detainee?s illness or injury and type of treatment provided. - C. The Service Provider shall ensure that all health care service providers utilized forfICE detainees hold current licenses, certi?cations, and/0r registrations with the State and/or City where they are practicing. The Service Provider shall retain a registered nurse to provide health care and sick call coverage unless expressly stated otherwise in this Agreement. D. The Service Provider shall ensure that onsite medical and health care coverage is available for all ICE detainees at the facility twenty-four (24) hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health complaints and deliver complaints in writing to the medical and-health care staff. . Page 5 of 16 ICE.2012FOIA3030001699 . . The Service Provider shall furnish onsite health care under this Agreement as de?ned by the facility local health authority. The Service Provider shall not charge any ICE detainee an additional fee or co-payment for medical services or treatment provided at the Facility. The service Provider shall ensure that ICE detainees receive no lower level of onsite medical care and services than those it provides to local-inmates, if there are any. . Onsite health care services shall perform initial medical screening within 12 hours of arrival to the facility, sick call coverage, pro'vision of over-the-counter medications, treatment of minor injuries, treatment of speCial needs and mental health assessments. A full health assessment to include a history and hands on physical examination must be . done within the ?rst 14 days of detainee arrival. Detainees with chronic conditions Shall receive prescribedtreatment and follow-up care. . Arrival screening shall include at a minimum TB screening, planting of the Tuberculin skin Test (PPD), and recording the history of past and present illnesses (mental and physical, pregnancy status, history of substance abuse). If the Service Provider determines that an ICE detainee has aimedical condition which renders that person unacceptable for detention under this Agreement, (for example, contagious disease, condition needing life support, uncontrollable violence), the Service Provider shall notify ICE. UpOn such Service Provider shall allow ICE reasonable time to make the proper arrangementsfor further disposition of that detainee. . The DIHS acts as the agent and final health authority for ICE on all off-site detainee medical and health related matters. The Service-Provider shallrelease any and all medical information for ICE detainees to the DIHS representatives upon request, except Where prohibited by federal or state law or regulation. The Service Provider shall submit a Treatment Authorization Request (TAR) to DIHS for payment before proceeding with - medical care-(e. g. off site lab testing, eyeglasses, cosmetic dental, prosthetics, and dental care for cosmetic purposes). . - . . The Service Providershall submit supporting documentation for non-routine, off-site medical/health Services to DIHS. For medical care provided outside the facility, the DIHS may determine that-an alternative medical provider or institution that more aptly meets the needs of ICE and the detainee. The Service PrOvider shall send requests for .pre-approval for non-emergency off?site care electronically to the following address I The Service Provider shall furnish tWenty?four (24) hour emergency medical care and facility emergency evacuation procedures. In an emergency, the Service Provider shall obtain the medical treatment required. The Service Previder shall have access to an off site emergency medical provider at. all times. The Health Authority-of the Service Provider shall notify DIHS Managed Care Coordinators ICE Health Services . 1220 Street, NW, PMB 468 Washington, DC, 20005-4018 phone (333) 713. Page 6 of 16 as soon as possible, andin no case more than seventy~two (72) hours after detainee receipt of such care. The Health Authority will obtain pre?authorization for payment from the DIHS Managed Care Coordinator for service(s) beyond the initial emergency situation. . The Service Provider shall allow DIHS Managed Care Coordinators reasonable access to its facility and medical records of ICE detainees for the purpose of liaison activities with the lecal IGSA Health Authority and associated Service Provider departments. . The Service Provider shall provide ICE detainee medical records to ICE whether created by the Service Provider 'or its subcontractors/vendor upon request from the COntracting- Of?cer?s Technical Representative or contracting Of?cer. . All claims for authorized medical care are tobe submitted to the followmg address: I HIS VA Financial Services Center PO Box 149345 5. Austin TX 78714-9345 . The Division of Immigration Health Services (DIHS) provides limited prescription drug coverage for individuals in the custody of ICE. Prescriptions are ?lled at local pharmacies which are part of the Script Care Network (or other designated Pharmacy Bene?ts Manager). Below is the process for obtaining - prescriptions for ICE detainees: . - - . 1. The provider shall request a group number which should be used at the pharmacy . in conjunction with the 004410 and PrOcessor Control DIHS assigned by' Script Care Network to designate this is an ICE detainee. The custodial facility should either fax or take a copy of the prescription to their participating pharmacy - and indicate that this is an ICE detainee. The pharmacy will run the prescription through the Script Care network for I processing. . . I . -3. Formulary prescription Will be dispensed; however, there will be no need for an exchange of cash between the pharmacy and custodial facility as the pharmacy . will receive payment directly from Script Care.? . 4. Non-Formulary prescriptions will follow-the same procedure as formulary I preseriptions; however, because non-formulary medications require prior .- authorization the pharmacy will receive a rej ection indicating prior authorization is required. At that pOint the custodial facility will fax to Script Care the Drug Prior Authorization Request Form to the number designated at the top of the form. The authorization will be loaded into the Script Care network and the pharmacy will receive a call indicating the prescription has been approved.Non?Formulary urgent request muSt be submitted in the above manner except an should be placed on the form in the space for URGENT REQUEST and faxed to 409-923- (b)(Tiie authorization will be loaded into the Script Care network and the pharmacy will receive a call indicating the prescription has been approved. Page 7 of 16 For further information regarding the ingot) C7are Network please contact the VA Financial Services Center at 800-479r( (di Scaript Care directly at 800-880- - ArticleVII. N0 Employment ofUnau?lmizedAlims Subject to existing laws, regulations, Executive Orders, and a'ddenda to this Agreement, the Service Provider shall not employ aliens unauthorized to work in the United _-States.- Except for maintaining personal living areas, ICE detainees shall not be required to perform manual labor. - . . - - Employme?tsmeningkeqmremeas A. General. The Service Provider shall certify to the Contracting Of?cer that any employees performing under this Agreement, who have access to ICE detainees, will have I successfully completed an employment screening that includes at a minimum a criminal - history-records check, employment reference checks and a citizenship check._ B. Employment Eligibility. Each employee working on this contract shall successfully pass Employment Eligibility Veri?cation (E-Verify) program operated by USCIS to establish work authorization. The E?Verify system, formerly known as the Basic Pilot/Employment Eligibility Veri?cation Progam, is an Internet?based system operated by DHS USCIS, in partnership with the Social Security Administration (S SA) that allows participating employers to eleCtronically verify the employment eligibility of their newly hired employees. E?Verify represents the best means currently available for employers to verify the work authorization of their employees. I Each employee working 'onthis contract shall have a Social SeCurity Card issued and approved by the So'cial Security AdminiStration. The Contractor shall be responsible to - the Government for acts and omiSSiOHs of his own employees and for any subcontract0r(s) and their employees. Subject to existing law, regulations and/or other provisions of this contract, illegal or imdoCumented aliens shall net be employed by the Contractor, or under this contract. The Contractor shall ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract. Security Management. The Contractor shall appoint a senior officialto act as the Corporate Security Of?cer. The individual shall interface with the OPR-PSU through the COTR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor. The COTR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COTR determine that the Contractor is not complying the security requirements of this contract, the Contractor will be informed in writing by the Page 8' of 16 ICE.2012FOIA3030001702 Contracting Of?cer of the proper action to be taken in order to effect compliance with such requirements. Ar?cleIX. Period ofPeIformance This Agreement shall become effective upon the date of ?nal signature by the ICE Contracting Of?cer and the authorized signatory of the Service Provider and will remain in' effect for a period not to exceed 60 months unless extended by bi-lateral modi?cation or terminated in writing by either party. Either party must proVide written notice of intention to terminate the agreement, 120 days in advance of the effective date 0f formal termination, or the Parties may agree to a shorter period under the procedures prescribed in Article XI. Page 9 of 16 I Article. IX. Inspection A. Jail Agreement Inspection Report: The Jail Agreement Inspection Report stipulates, minimum requirements fer ?re/safety code compliance, supervision, segregation, sleeping'utensils, meals, medical communication, telephone access, legal counsel, legal library, visitation, and recreation. The Service Provider shall allow ICE to conduct inspections of the facility, as required, to ensure an acceptable level of services and acceptable conditions of con?nement as determined by ICE. No notice to the Service Provider is required prior to an inspection. ICE will conduct such inspections in - accordance with the Jail Agreement InspectiOn Report. ICE will share ?ndings of the I inspection with the Service Provider's facility administrator. The Inspection Report will state any improvements to facility operation, conditions of con?nement, and level of service that-will be required by the Service Provider. B. Possible Termination: If the Service Provider fails to remedy de?cient service identi?ed through an ICE inspection, ICE may terminate this Agreement without regard to the provisions of Articles IX and XI. - C. Share Findings: The Service Provider shall provide ICE copies of I facility inspections, reviews, examinations, and surveys performed by accreditation sources. D. Access to Detainee Records: The service Provider shall, upon request, grant ICE access? to any record in its possession, regardless of whether the Service Provider created the record, concerning any detainee held pursuant to this Agreement. This right of access shall include, but is not limited to, incident reports, records relating to suicide attempts, and behavioral assessments and other records relating to the detainee's behavior while in - the Service Provider?s custody. Furthermore, the Service Provider shall retain all records where this right 'of access applies for a period of two (2) years from the date of the detai-nee's discharge from the Service Provider's custody. I ArticleXI. Modi?cations mstputes A. Modi?cations: Actions other than those designated in this Agreement will not bind or . I - incur liability on behalf of either Party. Either Party may request a modi?cation to this Agreement by submitting a written reqtiest to the other Party. A modi?cation will become a part of this Agreement only after the ICE Contracting Of?cer and the - - authorized signatory of the Service, Provider have approved the modi?cation in writing. B. Changes: i - . - . The Contracting Of?cer may at any time, by written order, and without notice to the Service Provider, if any, make changes within the general 'scope of this Agreement in any one or more of the following: I . . . Description of services to be performed, including revisions to the detention standards. - - - - Quantity of services to be provided. Place of performance of the services. Page 1.0 of 16 (2) If any such change causes an increase or decrease in the cost of the services under the Agreement, the Contracting Of?cer shall make an equitable adjustment in the agreement price and shall modify the Agreement accordingly. I (3) The Service provider must assert its right to an adjustment under this Article within 30 days from the date of receipt of the written order including a proposal addressing the cost impacts and detailed supporting data. i (4) If the Service Provider?s proposal includes costs that are determined unreasonable and/or unsupportable, as determined by the Contracting Of?cer, the Contracting Of?cer shall disallow those costs when determining a revised rate, if any. I I (5) Failure to agree to any adjustment shall be a dispute under the Disputes section of "the Agreement. However, nothing in this Article shall excuse the Service Provider from proceeding with the Agreement as changed. C. Disputes: The ICE Contracting Of?cer and the authorized signatory of the Service - Provider will settle disputes, questions and concerns arising from thisAgreement. Settlement of disputes shall be memorialized in a writtenmodi?cation between the ICE Contracting Of?cer and authorized signatory of the Service Provider. In the event a dispute is not able to be resolved between the Service Provider and the ICE Contracting Of?cer, the ICE Contracting Of?cer Will make the ?nal decision. If the Service Provider does not agree with the ?nal decision, the matter may be appealed to the ICE Head. of the - COntractin'g Activity (HCA) for resolution. The ICE HCA may employ all methods available to resolve the dispute including alternative dispute resolution techniques. The Service Provider shall proceed diligently with performance of this Agreement pending ?nal resolution of any dispute. Article XII. Adjusting the Detainee Day Rate ICE shall reimburse the Service Provider at the ?xed detainee day rate shown on the cover page of the document, Article I C. The Parties may adjust the rate twelve (12) months after the effective date of the agreement and every twelve (12) months thereafter. The Parties . shall base the cost portion of the rate adjustment on the principles of allowability and - allocability as set forth in OMB Circular A-87, federal procurement laws, regulations, and standards in arriving at the detainee day rate. The request for adjustment shall be submitted on an ICE Jail Services Cost Statement. If ICE does not receive an of?cial request for a detainee day rate adjustment that is supported by an ICE Jail Services Cost Statement, the - ?xed detainee day rate-as stated in this Agreement will be in place inde?nitely. See Article XI A. -- . ICE reserves the right to audit the actual and/or prospective costs upon which the rate adjustment is based. All rate adjustments are prospective. As this .is a ?xed rate agreement, there are no retroactive I 1.3. Article Enrollment, Invoicing, and Payment . Enrollment in Electronic Funds Transfer: The Service Provider shall provide ICE with the information needed to make payments by electronic funds transfer (EFT). Since January 1, 1999, makes all payments only by EFT. The Service Provider shall Page 11 ofl6 identify their ?nancial institution and related information on Standard Form 3881, - Automated Clearing House (ACH) Vendor Miscellaneous Payment Enrollment. orm. - The Service Provider shall submit a completed SF 3881 to ICE-payment of?ce prior to submitting its initial request for payment under this Agreement. If the EFT data changes, the Service Provider shall be-responsible for providing updated information to the ICE payment of?ce. Consolidated Invoicing The Service Provider shall submit an original itemized invoice within the ?rst ten (10) working days of the month following the calendar . month when it provided the services via One of the following three methods: a. By mail: DHS, ICE Burlington Finance Center PO. Box 1620 Williston, VT 05495-1620 Attn: Orleans b. By facsimile (fax): (include a cover sheet with point of contact of pages) 802-288-7658 c. By e-mail: Invoices submitted by other than these three methods will be returned. The Provider?s Taxpayer Identi?cation Number-(TIN) must be registered in the Central Contractor I Registration gov) prior to award and shall be notated on every invoice submitted to [ensure prompt payment provisions are met. The ICE program of?ce shall also be notated on every invoice. Each invoice submitted shall contain the following information: the name and address of the facility; Invoice date and number; - . . Agreement'number, line item number and, if applicable, the- Task order number; Terms of any discount for prompt payment offered; . Name, title, and phone number of person to notify in'event of defective invoice; Taxpayer Identification Number (TIN). - the total number of residential/detainee days; the daily rate; . the total residential/detainee days multiplied by the daily rate; thename of each ICE resident/detainee; resident? s/detainee? A-number; Speci?c dates of detention fer each resident/detainee; . an itemized listing of all other charges I For stationary guard services, the itemized invoice shall state the number of hours being billed, .the duration Of the billing (times and dates) and the name of the that was guarded. .b Parr-"arses as gr? Page 12 of 16 Items a. through i. above must be on'the cover page of the invoice. Invoices without the above information may be returned for resubmission. Payment: will transfer funds electronically through either an Automated Clearing. House subj ect to the banking laws of the United States, 'or the Federal Reserve Wire Transfer System. The Prompt Payment Act applies to this Agreement. The Prompt Payment Act requires ICE to'make payments under this Agreement the thirtieth (3 0th) calendar day after the Burlington Finance Of?ce receives a complete invoice. Either the date on the Government's check, or the. date it executes an electronic transfer of. funds, shall constitute the payment date. The Prompt Payment Act-requires pay interest on overdue payments to the Service Provider. ICE will determine any interest due in accordance with the-Prompt Payment Act provided the Service Provider maintains an active registration in Central Contractor RegistratiOn (OCR) and all information is accurate Article XIV. Government Furnished Property A. Federal Property Furnished to the Service Provider: ICE may furnish Federal Government property and equipment to the Service Provider. AccOuntable property remains titled to ICE and shall be returned to the custody of ICE upon termination of the Agreement. The suspension of use of bed space made available to. ICE is agreed to be grounds for the recall and return of any or all government furnished property. I B. Service Provider Responsibility: The Service Provider shall not. remove ICE property- from the facility without the prior written approval of ICE. The Service Provider shall I report any loss or destructionof any Federal Government property immediately to ICE. 1.4- Article XV. Hold Harmless and Indemnification Provisions Unless specifically addressed by the terms-of this Agreement, the parties agree to be responsible for the negligent or wrongful acts oromisSions of their respective employees. A. SerVice Provider Held Harmless: ICE liability for any injury, damage or loss to persons or property arising in the performance of this Agreement and Causedby the negligence of its own officers, employees, agents and representatives shall be governed by the Federal Tort Claims Act, 28 USC 2691 et seq. Service Provider shall notify ICE of any claims or lawsuits filed against any ICE employees of which Service Provider is notified. The Service Provider will be held harmless for any injury, damage or loss to persons or property caused by an ICE employee arising in'the performance of this Agreement. B. Federal Government Held Harmless: Service Provider liability for any injury, damage or loss to persons or property arising out of the performance of this Agreement- and caused by the'negligence of its own of?cers, employees, agents and representatives shall be governed by the applicable State tort Claims act. ICE shall notify Service Provider of any claims ?led against any of Service Providers employees of which-ICE is nOti?ed. The Federal Government will be held harmless for any injury, damage or loss Page 13 of16 to persons or pr0perty caused by a Service Provider employee arising in the performance of this Agreement. C. Defense of Suit: In the event a detainee ?les suit against the Service Provider contesting the legality of the detainee's incarceration and/or immigration/citizenship status, ICE . . shall request that the US. Attorney's Of?ce, as appropriate, mOVe either to-have the Service Provider dismissed from such suit; to have ICE substituted as'the proper party defendant; or to have the case removed to a court of proper jurisdiction, Regard-less of the decision on any such motion, ICE shall request that the US. Attorney's Of?ce be I responsible for the defense of any suit on these grounds. I D. ICE ReCovery Right: The Service Provider shall do nothing to prejudice ICE's right to' recover against third parties for any loss, destruction of, or damage to US. Government property. Upon request of the Contracting Of?cer, the Service Provider shall, at ICE's . expense, furnish to ICE all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of the instruments of assignment in favor of ICE in obtaining recovery. A. Retention of Records: All ?nancial records, supporting documents, statistical records, and other records'pertinent to contracts or subordinate agreements under this Agreement shall beretained by the Service Provider for three (3) years for purposes of federal examinations and audit. The three (3) year retention period begins at the end of the ?rst year of completion of service'under the Agreement. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration'of the three (3) year period, the records must be retained until completion of the action and resolution of all issues which arise from it or- until the end of the regular three (3)-year - period, whichever is later. - I I - B. Access to Records: ICE and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its sub-contractors,- which are pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. I C. Delinquent Debt Collection: ICE will hold the Service Provider accountable for any I overpayment, or any breach of this Agreement that results? in a debt owed to the Federal Government. shall apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Government by the Service Provider pursuant to the Debt Collection Improvement Act of 1982, as amended. - ESoort/Sta?onary Guard and/or Transporta?m Services A. Transport/EsCort/Stationarv Services Rate: The Service Provider agrees, upon request of the Federal Government in Whose custody an ICE detainee is held, to provide all such air/ground services as may be required to transport Page'l4 ofl6 detaineessecurely, in a timely manner, to locations as directed by the ICE COTR or designated ICE of?cial. ICE directed transportation will be reimbursed at the rate of $17.07'per hour. Any incurred overtime pay for such services will be reimbursed at the I applicable overtime rate of $20.58 per hour. At least two (2) quali?ed law enforcement or correctional 'of?cer personnel employed by the Service Previder under their policies, procedures and practices Will perform transport services. Transportation shall be reimbursed at the mileage'rate established pursuant to the General Services Administration (GSA)/federal travel allowance rate established in the Agreement. The mileage rate for this agreement is Mileage shall be. denoted as a separate item on submitted invoices. . Medical/Legal Transportation: Transportation and/or escort/stationary guard services for ICE detainees housed at the Service Provider?s facility to and from a medical facility for' outpatient care, and'transportation and/or escort guard services for ICE detainees housed at the Service Provider?s facility admitted to a medical facility; and for detainees attending off-site court proceedings. An of?cer or of?cers shall keep the detainee'under constant supervision twenty-four (24) hours per day until theidetainee is ordered released from. the hospital, or at the order of the COTR. The Service Provider agrees-to augment. . .such'practices as may be requested by ICE to enhance speci?c? requirements for security, detainee monitoring, visitation and contraband control; - . Indemnities: Furthermore, the Service Provider agrees to held harmless and indemnify and its of?cials in their of?cial and individual capacities from any liability, including third-party liability or worker?s compensation, arising from the conduct of the Service Provider and its employees during the course of tranSporting ICE detainees. . Personal Vehicles: The Service Provider shall not allow employees to use their personal vehicles to transport detainees. The Service Provider shall furnish vehicles equipped with interior security features including phySical separation of detainees from guards. The Service Provider shall provide interior security speci?cations of the vehicles to ICE for review and approval-prior to installation. I . Training and Compliance: The Service Provider shall comply withICE transportation standards related to the number - of hours the Service Provider?s employee may operate a vehicle. The transportation shall be accompliShed in the most economical manner. The Service Provider-personnel provided for the above services shall be of the same quali?cations, receive training, complete the same security clearances, and wear the same uniforms as those personnel provided for in' other areas of this agreement. . Same Sex Transport: During all transportation activities, at least one (1) of?cer shall be - the same sex as the detainee. Questions concerning guard assignments shall be directed to the COTR for ?nal determination. . Miscellaneous Transnortation: The COTR- may direct the Service Provider to transport detainees to unspeci?ed, miscellaneous locations. . - - - . Billing Procedures: The itemized invoice for such stationary guard services . Page 15 0f 16 shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the detainee(s) that was guarded. . Article Contracting Officer?s Technical Representative A. The COTR shall be designated by the Contracting Of?cer. When and if the COTR duties are reassigned, an administrative modi?cation will be isSued to re?ect the changes. This designation does-not include authority to sign __contractual documents or to otherwise commit to, or issue changes, which c0u1d affect the price, quantity, or performance of this Agreement. I - B. Should the'Provider believe it has received direction that is not within scope of the agreement; the Provider shall not proceed-with any portion that is nOt within the scope of the agreement without ?rst contacting the Contracting Of?cer. The Provider shall continue performance of efforts that are deemed within scope. Article Labor Standards and Wage Determinatiou The Service Contract Act, 41 U.S.C. 351 et seq., Title 29, Part 4 Labor Standards for'Federal- Service Contracts, is hereby incorporated??Attachment 1. These standards and provisions are included in every contract/IGSA entered into by the United'States or the District of Columbia, in excess of $2,500, or in an inde?nite amount, the principal purpose of Which is to furnish services through the use of service employees--See Attachment 1. I - Wage Determination: Each service employee employed in the performance of this contract/IGSA shall be paid not less than the minimum monetary wages and shall be furnished fringe bene?ts in accordance With the wages and fringe bene?ts determined by the Secretary of Labor or authorizedrepresentative, as speci?ed in any wage determination . attached to this contract--See_ Attachment 2. - - Article XX. Noti?cation and Public Disclosures: . There shall be no public disclosures regarding this agreement made by the Provider (or any subcontractors) without review and approval of such disclosure by ICE Public Affairs and express permission granted by- the ICE Contracting Of?cer. I - Article XXI. Incident Reporting: The SerVice Provider shall notify the cognizant ICE of?ce in accordance with the applicable ICE National Detention Standard. I END OF-DOCUMENT Page 16 of16- Page].of10 WD 05?2229 (Rev.~10) was first posted on on 06/22/2010 REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT By direction of the Secretary of Labor Shirley E. Ebbesen Director I 0.3. DEPARTMENT OF LABOR WAGE AND HOUR DIVISION WASHINGTON D.C. 20210' Division of Revision No.: 10 Wage Determinations ADMINISTRATION Wage Determinatidn No.: 2005?2229 Date Of'RevisionE 06/16/2010 State: Area: Louisiana Parishes of Acadia, Allen, Avoyelles, Beauregard,.Caldwell, Catahoula, Concordia, Evangeline, Franklin, Grant, Rapides, Sabine, Tensas, Vernon, Winn Louisiana I I La Salle, Natchitoches, I OCCUPATION CODE - **Fringe Benefits Required Follow the Occupational Listing** FOOTNOTE 01000 Administrative Support And Clerical Occupations? 01011 01012 01013 01020 01040 01051 -.01052 01060 _01010 01090' 01111 901112 01113 01120 _01141- 01191 01192 01261 01262 01263 .01270 01280. 01290 01300 01311 01312 01313 01320 01410 01420 7 01531 01532 01533'? 01611 01612 01613 Accounting Clerk I Accounting Clerk II Accounting Clerk Administrative Assistant. Court Reporter Data Entry Operator I Data Entry Operator II Dispatcher, Motor Vehicle Document Preparation Clerk Duplicating Machine Operator General Clerk I . General Clerk_II General Clerk Housing Referral Assistant Messenger Courier Order Clerk I Order Clerk II Personnel Assistant (Employment) I Personnel Assistant (Employment) II PersOnnel AsSistant (Employment) Production Control Clerk Receptionist I Rental Clerk Scheduler, Maintenance Secretary'I Secretary II Secretary _Service Order-Dispatcher' Supply Technician Survey Worker_ Travel Clerk I Travel Clerk II Travel Clerk Word-Processor I Word Processor II 05000 Automotive Service Occupations _05005 Automobile Body Repairer, Fiberglass (OWXO ?11. 14. .1512. '13.20.31 _11. 13. _12. .14 16. 22. 9. . ,12. '11 '11. 12. .59 .30 16. .12. _1110- Furniture MaintenanCe And Repair Occupations -Automotive Electrician Automotive Glass Installer Automotive Worker Mobile Equipment Servicer Motor Equipment Metal Mechanic Motor Equipment Metal Worker Motor Vehicle Mechanic Motor Vehicle Mechanic Helper Motor Vehicle Upholstery Worker Motor Vehicle Wrecker. Painter, Automotive Radiator Repair Specialist- Tire Repairer Transmission Repair Specialist Food Preparation And Service Occupations Baker Cook I Cook II Dishwasher Food Service Worker Meat Cutter Waiter/Waitress Electrostatic Spray Painter Furniture Handler Furniture Refinisher Furniture Refinisher Helper Furniture Repairer, Minor Upholsterer General Services And Support Occupations -Cleaner, vehicles Elevator Operator Gardener .Housekeeping Aide- -Janitor Laborer, Grounds-Maintenance Maid or Heuseman Pruner Tractor Operator Trail Maintenance Worker Window Cleaner Health Occupations Ambulance Driver Breath'Alcohol Technician Certified Occupational Therapist ASsistant Certified Physical Therapist Assistant Dental_Assistant 3 Dental Hygienist EKG Technician -: Electroneurodiagnostic Technologist Emergency Medical Technician Licensed Practical Nurse I Licensed Practical Nurse II Licensed Practical Nurse MediCal AsSistant Medical Laboratory Technician Medical Record Clerk Medical Record Technician- Medical Transcriptionist Nuclear Medicine Technologist 'Page2 0f10 .16. .72 14. 19. 17.. 19.. 13. 15. 16. 17.13. 9. '13. -10. 12. 13. -mtokoaaqaogrmc:oyu '16. ql6. '21. 21. .27 32. -22. '22. 16. .84 16. 18. '13. .84 13. -l4. 12. 334.2317- 7-8 .78 .37 .60 .95 .95. .50 .40 .03 .8-1 .50 Page 3 of 10. 12221 Nursing Assistant I- - 4' 9-49I 12222 - Nursing Assistant II . -- - . 310.67 '12223.- Nursing Assistant 111 - - 11.64 12224 Nursing Assistant IV . I 13.07 12235 Optical Dispenser .I 15.541 12236 - Optical Technician I I - 14.84 12250 Pharmacy Technician - . - I- . . 14.75 '12280'? PhlebotomiSt - 13.07 12305 Radiologic Technologist I I "21.06 12311 Registered Nurse 1 II20.97 12312.? Registered Nurse II - I 25.63 12313 Registered Nurse II, Specialist . - I 12314 Registered Nurse - . . 31.01 12315 Registered Nurse . I . - 31.01 12316 Registered Nurse IV - - - ._37.16 12317 Scheduler (Drug and Alcohol Teeting) I -20.57 13000 - Information And Arts Occupations - I 13011 Exhibits Specialist 1 - - 14 24 13012 Exhibits Specialist 17.64 13013 - Exhibits Specialist - -21.58 13041 Illustrator 1 - - 14.24 '13042 Illustrator 11. - l- -- - .I17.64I 13043 - Illustrator - . I _21.58 13047 Librarian I 3 I 1' I. .. 19.54 13050 Library Aide/Clerk . -- 11.34 13054 ?_Library Information Technology Systems -- - _i - 17.64 Administrator - . - 13058 Library Technician . - - . 1 .- 14.24 13061 Media Specialist I . I 12.73 13062 Media Specialist II I 14.24 13063 Media Specialist . - - '15.88 13071 Photographer I- . . . -- I 12.61. 13072 Photographer II - - . I _-15.05 _-13073 Photographer . . - . . . . 19.31 '13074 Photographer IV . - .I .. 21.54 13075_? Photographer - I- '26.06 13110 - Video Teleconference Technician I - . I12.73. I14000 Information Technology Occupations NI -I I - 14041 Computer Operator I - I - . 14.71 14042 Computer Operator II - - - - I -_16.45 14043 - Computer Operator - I - .1 - 19.02 .14044 Computer Operator IV . - . 21.11 '14045 Computer Operator I . I I 23.44 14071 computer Programmer I . . 20.16 14072 Computer Programmer - - I I -26.93 . 14073 Computer Programmer '(see 1) I - 14074 Computer Programmer (see 11 I 14101 COmputer Systems Analyst I I (see 1) 14102 Computer Systems Analyst II (see 1} 14103 Computer Systems (see 1) 14150 - Peripheral Equipment Operator I I14.71 - 14160 Personal Computer Support TeChnician 21.11 15000 Instructional Occupations . - ~15010 Aircrew Training Devices Instructor (NongRated) 29.34 15020 Aircrew Training Devices Instructor (Ra?gd) . 35.50I 15030 Air Crew Training Devices Instructor (Pilot) - - 7 _39.05 .15050 Computer Based Training Specialist Instructor - .26.93 15060 Educational Technologist' I I - 22.25 15070 Flight Instructor (Pilot) . 39 05. 15080 Graphic_Artist - 3 19.28 . I -I ?_Technical Instructor I Technical Instructor/Course Develope Test Proctor Tutor - Laundry, Dry?Cleaning, PreSsing And Related Occupations' Assembler Counter Attendant Dry Cleaner Finisher, Flatwork, Machine Presser, Hand PresSer, Machine, Presser, Machine, Shirts 3 Presser, Machine, Wearing Apparel,_Laundry_ - Sewing Machine Operator Tailor' Washer, Machine Machine Tool Operation And Repair Occupations Machine?Tool Operator (Tool Room) Tool And Die Maker 'Materials Handling And Packing Occupations Forklift Operator Material Coordinator Material Expediter Material Handling Laborer' Order Filler 4 Production Line Worker (Food Processing) Shipping Packer - - Shipping/Receiving Clerk Store Worker I Stock Clerk Tools And Parts Attendant Warehouse Specialist - Mechanics And Maintenance And Repair Occupations Aerospace Structural Welder" Aircraft Mechanic I ?_Aircraft Mechanic II - Aircraft Aircraft Mechanic Helper Aircraft, Painter 6- Aircraft'Servicer Aircraft Worker Appliance Mechanic Bicycle Repairer Cable Splicer Carpenter, Maintenance Carpet Layer Electrician, Maintenance Electronics Technician Maintenance I - Electronics Technician Maintenance II Electronics Technician Maintenance Fabric Worker Fire Alarm System Mechanic - Fire Extinguisher Repairer - Fuel Distribution System Mechanic Fuel Distribution.System Operator General Maintenance Worker Ground Support Equipment Mechanic Ground Support Equipment Servicer Ground Support Equipment Worker "_Gunsmith I Page 4 of 10 14 17 _l6.23. '22. "23. -_24 14 . 18. 16. 18'. .16. '10. 21. 15. . ?15. .20. '23. >25'18 12. 112610 - .52 .75 =12. 12. 55 55 .82 .82 .4463.- 37, 26 63 64 66_ 23392 Gunsmith II 23393 Gunsmith -. 23410 ~_Heating, Ventilation And Air?Conditioning Mechanic 5 - . 23411 Heating, Ventilation And Air Contditioning .23430 ?'Heavy Equipment-Mechanic" 23440 Heavy Equipment Operator 23460 Instrument Mechanic 23465 Laboratory/Shelter Mechanic 23470 Laborer 23510 Locksmith 23530 - Machinery Maintenance Mechanic 23550 Machinist, Maintenance 23580 Maintenance Trades Helper 23591 -.Metrology Technician I . 23592 Metrology Technician II _23593 - Metrology Technician 23640 Millwright 23710 Office Appliance Repairer 23760 Painter, MaintenanCe 23790 Pipefitter, Maintenance 23810 Plumber, Maintenance "23820 Pneudraulic Systems Mechanic 23850 Rigger- - 23870 - Scale Mechanic . a 23890 Sheet?Metal Worker, Maintenance 23910 Small Engine Mechanic 23931 Telecommunications Mechanic I '23932 Telecommunications Mechanic II 23950 Telephone_Lineman . 23960 - Welder, Combination, Maintenance 23965 Well Driller - 23970 Woodcraft Worker 23980 ?'Woodworker - 24000 Personal Needs Occupations 24570 Child Care Attendant- 24580 a Child Care Center Clerk 24610 - Chore Aide' 24620 Family Readiness And Support Services Coordinator- .- 24630 Homemaker 25000 Plant And System Operations Occupations 25010 - Boiler Tender - - . - 25040 Sewage Plant Operator 25070 - Stationary Engineer 25190 Ventilation Equipment Tender I 25210 Water Treatment Plant Operator 27000 Protective Service OCcupations 27004 Alarm Monitor 27007 Baggage Inspector 27008 - Corrections Officer _27010 - Court Security Officer 27030 Detection Dog Handler _27040-? Detention Officer I 27070 Firefighter 27101 Guard 27102 Guard II 27131 Police Officer I. - 27132 - Police Officer II Page 5 of 10 15. '17. 17. .18. 20. 14. 17. 16. 9. .16. 17. 19. .29 64' 12 17. 18. 19. 18. _16. 15. :22. -21 11. 13. 15. _14. '18. 17. _18 17 -1313. 18. -14.41 17. 17. 15. _19. :15. 21. .18. 15. 17. '17.33 .12 ?28000 - 28041 . 328042 .28043 28210 .28310 28350 28510 28515 28630 28690 29000 29010 29020' '29030 29041 29042. 30000 30010 _30011 30012 30021 30022 '30023 30030 30040* 30061 30062 30063 .30064- 30081 '30082 30083 30084' 30085 _30086 30090 30210 30240 30361 30362 30363 30364 30390 30461 30463 30491 - 30492 30493 30494 30495 30620 Recreation Occupations - Carnival'Equipment_Operator .Carnival Equipment Repairer Carnival Equpment Worker_ Gate Attendant/Gate Tender Lifeguard Park Attendant (Aide) - -Recreation Aide/Health Facility Attendant Recreation Specialist Sperts Official Swimming Pool Operator Stevedoring/LongShoremen Occupational Services Blocker And_Bracer Hatch Tender Line Handler Stevedore I Stevedore II Technical Ocdupations - .Surface 'f 30621 31000 31020 31030 31043 31260 'Drafter/CAD Air Traffic Control Specialist, Center (HFO) (see 2) _Air Traffic Control Specialist, Station (HFO) (see 2) Air Traffic Control Specialist, 2) Archeological Technician I ArcheOlogical Technician II Archeological Technician CartOgraphic Technician Civil Engineering Technician Drafter/CAD Operator I Operator'II Operator Operator IV Technician I Technician II Technician 'Technician IV Engineering Technician Engineering Technician VI Environmental Technician Laboratory Technician Mathematical Technician . Paralegal/Legal_Assistant I Paralegal/Legal Assistant II Paralegal/Legal Assistant Paralegal/Legal Assistant IV Photo?Optics Technician. Technical Writer'I Technical Writer II Technical Writer Drafter/CAD Drafter/CAD Engineering Engineering Engineering Engineering Unexploded Ordnance (UXO) Technician I Unexploded Ordnance.(UXO) Technician Unexploded Ordnance (UXO) Technician II Unexploded (UXO) Safety Escort - 'Unexploded (UXO) Sweep Personnel Weather Observer, Combined Upper_Air Or (see 2) Programs - - Weather Observer, Senior {see 2) Transportation/Mobile Equipment Operation OCCupations Bus Aide Bus Driver Driver Courier Parking and Lot Attendant - Page 6 oflO '10.15. .g 15. 315. 14. 16. -35. 24'. 27. 15. . .04" . .02 '20. '16. 18. 20. '25. 13. 15. .04 21. g'25. -31. 21. 20. 21. .37 21. 26. 31. 23. '21. .25. .31. 22. 27. "32'?17 7'21. ll. -15. 13} .99_ 29 33 41_ 95 00 .95 14. Ill Page 7 of 10 31290 Shuttle Bus Driver . 13.87 31310 Taxi Driver . . 11.20 31361 - Truckdriver, Light . . 13.87 31362 Truckdriver, Medium - - 15.33 . 31363 ?.Truckdriver, Heavy - . . 17.36 31364 Truckdriver, Tractor?Trailer - - 17.36 99000 - Miscellaneous Occupations I 99030 Cashier 7.79 99050 - Desk Clerk - 1 8.97 99095.? Embalmer - - - I 22.34 99251 Laboratory Animal Caretaker I . - - "10.98 99252 Laboratory Animal Caretaker II - -V I . 11.76 . 99310 Mortician - . I 22.34_ 99410 Pest Controller - - 12.60 99510 photofinishing Worker - . 11.95 99710 Recycling Laborer . - - . - 12.77 99711 ?-Recycling Specialist . '13.44 99730 Refuse Collector . 11.43 _99810 Sales Clerk . . . "11.67 99820 School Crossing Guard - . 11.43 99830 Survey Party Chief . 16.21 99831 Surveying Aide I - . - '10.00 99832 - Surveying Technician - I - '14.74 .99840 Vending MaChine Attendant i. 13.88 99841 - Vending Machine Repairer - . - "16.48 99842 Vending Machine Repairer Helper - 13.88 ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH WELFARE: $3.50 per hour or $140.00 per week or $606.67 per month-- 2 weekS'paid_vacation after 1 year of service with a_contractor or successor; 3 weeks after 10 years, and 4 after 20 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 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 4174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) COMPUTER EMPLOYEES: Under the SCA at section this Wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or.professiona1 employee_as defined in 29 C.F.R. Part-541. Because most Computer System 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 I Page 8 of 10- 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 heur 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 cenformed in accordance with the conformance procedures described in the conformance note included on this wage determination. I - 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: The application of systems analysis techniques and procedures, including censulting with users, to determine hardware, software or system functional specifications; - I I (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 prequires the same level of skills. (29 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS NIGHT PAY 5.: 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 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 ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing,'and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder tand 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 regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low.degree of hazard_when Working with, or in close proximity to .ordance, (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 ordance, 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 ordance, 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 . I Page 9 of 10 '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 Awash 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. 'The duties of employees under jeb titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory.are available on the Internet. A links to the Directory may be found on the WHD home page at gov/esa/whd/ or through the Wage Determinations On?Line (WDOL) Web site at 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 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 appropriate between such unlisted clasSifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages_and furnished the ffringe benefits as are determined. -Such conforming process shall be initiated by the contractor-prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits-shall_ be retroactive to the commencement_date of the contract. {See section 4.6 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 centract award, the contractor prepares a written report listing in order 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 I I 3) The contracting officer reviews the Page 10 of'IO performs any contract Work. proposed actiOn and submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section of Regulations 29 CFR Part - 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. . The contracting officer transmits the Wage and Hour decision to the contractor. 'wage determination. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SE 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of _Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the 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. TITLE PART 4-LAB0R STANDARDS FOR FEDERAL SERVICE of Contents 'Subpart A_Service Contract Labor Standards Provisions_and Procedures Sec.' 4.6 Labor standards clauses for Federal service contracts exceeding $2,500. The clauses set forth_in the following paragraphs shall be included in full by the contracting agenCy in every contract/Inter-Governmental Service Agreement (IGSA) entered into by the United States or the District of Columbia, in excess of $2,500, or in an indefinite amount, the principal purpose of which is to furnish services through the use of service employees: Service Contract Act of 1965, as amended: This contract/IGSA is. subject to the Service Contract Act 'of 196-5 as amended (41 U.S.C.. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of_ Labor issued there under (29 CFR part 4). Each service employee employed in the performance of this .Contract/IGSA by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and_shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by -the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract. there is-such a wage determination attached to this -Contract/IGSA, the contracting officer shall require that any class of Service employee which is not listed therein and which is to be employed under the Contract/IGSA 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 Pfi.e., appropriate level of skill_comparison) between such unlisted classifications and-the classifications listed in the wage determination. Such conformed class of employees shall be paid the- monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section. conforming procedure shall be initiated by the contractor prior to the performance of contract/IGSA work by Such unlisted class of employee. A written report of the proposed conforming action, 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, shall be submitted by the-contractor to the contracting officer no later than 30 days after.such unlisted class of employees performs any Contract/IGSA work. The contracting officer shall review the proposed action and_? - submit a report of the action, together with the agency's' .recommendation and all pertinent information including the position of the contractor and the employees, to the wage and Hour Division,- Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a_final determination in the event of disagreement Attachment 3 Page I of _9 within 30 days of_receipt or will notify the contracting officer within 30 days_of receipt that additional time is necessary. notify the contractor of the action taken. 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. . The process of establishing wage and fringe benefit rates that bears a reasonable relationship to those listed'in a wage determination .cannot be_[[Page 41]] reduced to any single fermula. The approach-used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices, which rank various job classifications by pay grade pursuant to point schemes_ or other job factors may, for example, be relied upon. Guidance may also be obtained from_the way different jobs are rated under Federal pay syStems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations isSued in the same loCality. Basic to the eStablishment of any conformable wage ratefs) is the concept that a pay relationship should be maintained between job classifications based- on the skill required and.the duties performed. (B) In the case of a Centract/IGSA modification, an exercise Of an 'option or extension of an existing contract, or in any other case where a_contractor succeeds a Contract/IGSA under_which the classification in question was previously conformed-pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such by indexing the previous conformed rate and fringe benefits-by an amount equal to the average .{mean} percentage increase (or decrease,-where apprOpriate)-between the wages and fringe benefits specified for all classifications to be used on the Contract/IGSA which are listed in the current wage determination, and those specified for the Corresponding . classifications in the preViously applicable-wage determination. Where- conforming actions are accomplished in accordance-with this paragraph prior to the performance of Contract/IGSA work by the unlisted-class of employees, the contractor shall advise the contracting officer of the action taken but the other procedures in paragraph (ii) of this section need not be followed. (C) No employee engaged in performing work on this Contract/163A shall in any event be paid less than the currently applicable minimum wage specified under section_6(a) of-the Fair Labor-Standards Act of 1938, as amended, The Wage-rate and fringe benefits finally -determined pursuant to and (ii) of this section shall be paid to all employees performing in the classification from centract.{vi) Upon discovery of failure to comply with paragraphs through of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, Attachment 3 Page 2 of. 9 lf?l: and/or fringe benefits which shall be retroactive to the-date such - class of employees commenced Contract/IGSA work. (3) If, as authorized pursuant to_section 4(d) of the Service Contract Act'of 1965 as amended, the term of this Contract/IGSA is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished there under to service employees shall be subject to pursuant to wage_determinations to be issued by the Wage and Hour 'Division, Employment Standards Administration of the Department of Labor as provided in_such Act; The contractor or subcontractor may discharge the obligation to -furnish fringe benefits specified in the attachment or determined fide fringe benefits, or by making equivalent or differential payments .in cash in accordance with the applicable rules set forth in subpart of 29 CFR part 4, and not otherwise. In the absence of a minimum'wage attachment for this contract, neither the.contractor nor any subcontractOr under this Contract/IGSA shall pay any person performing work under the Contract/163A _(regardless of whether they are service employees} less_than the 'minimum wage specified by section of the Fair Labor Standards Act of 1938. Nothing in this provision shall relieve the contractor or any subcontractor of any other obligation under law or 'Contract/IGSA_for the payment of a higher wage to any employee. (2) If this Contract/IGSA succeeds a contract, subject to the Service :Contract Act_of 1965 as amended, under which substantially the same v, services were furnished in the same locality and service employees were- paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this Contract/168A setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subCOntractor under_ Contract/163A work (regardless of whether or not such employee was employed under the predecessor contract}, less than the wages and fringe benefits provided for in such collective bargaining_agreements, -to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any'prospective increases in wages and fringe benefits provided for under_such agreement. No contraCtor or subcontractor-under this Contract/IGSA may be relieved of the foregoing Obligation-unless the limitations of Sec. 4.lb(b) of 29 CFR part 4 apply or unless the Secretary of Labor or his authorized-representative finds, after a hearing as provided in Sec; 4.10 of 29 CFR part 4 that the wages and/or fringe benefits provided for-in such agreement are substantially at .variance with those which prevail for services of a character similar' in the locality, or determines, as provided in Sec. 4111 of 29 CFR part 4, that the collective bargaining agreement applicable to service "employees employed under the predecessor.Contract/IGSA was not entered _into as'a result of arm's?length negotiations. Where it is found in accordance with the review procedures.provided in 29 CFR 4.10 and/or 4.11 and parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collectiVe bargaining - Attachment 3 Page 3 of 9 agreement are substantially at variance With those which preVail for services of a character similar in the locality, and/or that the collective bargaining agreement.appli?ab1e to service employees employed Under the predecessor Contract/ESSA was not entered into as a result of arm's-length negotiations, the Department will issue a new or- revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be_made part_of the Contract/IGSA or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irreSpective of whether such issuance occurs prior to or after the award of a Contract/IGSA or subcontract. 53 Comp. Gen. 401 (1973). In-the case of a wage determination issued solely as a result of a finding of substantial variance, such -determination shall be effective as of the date-of the final administrative decisiOn. pursuant to this contract, or shall_post the wage determination 'attached to this contract._The poster provided by the Department of .Labor (Publication shall_be posted in a prominent and accessible plaCe at the worksiter Failure to comply with_this requirement is a violation of section 2(this Contract. - - I The contractor.or subcontractor shall not permit-any part of the services called for by this Contract/IGSA to be performed in buildings or surroundings or under working conditions provided by or under the 'control or supervision of the contractor or subcontractor which are unsanitary or hazardous-or dangerous to the health or safety of service emplOyees engaged to furnish these services, and the contractor or subcontractor shall comply with.the safety and health standards applied. .under 29 CFR part 1925. (g1(1) The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years frOm'the completion of_the ,work records containing the information specified in paragraphs through (vi) of this section for each employee subject to the Act and shall make them available for inspection [[Page 43]] and transcription by authorized representatives of the Wage and Hour I Division, Employment_$tandards Administration of the U.S. Department of Labor:. . . (i)_Name and addreSs and sobial security number of each employee. {AfiiJThe correct work classification cr'classifiCations, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of _fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee. 5 The number of daily and weekly hours so worked by each employee. iu(iv) Any deductions, rebates, or refunds from_the total daily cr_weekly compensation of each employee. - Attachment 3 Page 4 of 9 A list of monetary wages and fringe benefits for those classes of Service employees not included in the wage . . determination attached to this Contract/IGSA but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator.or authoriZed representative pursuant to the elabor standards clause in paragraph of this section. A Copy of the report required by the clause in Paragraph (ii) of this_section shall be deemed to be such a list. {vi} Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to Sec. (2) The contractor shall also make available a_copy-of this _Contraot/IGSA for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of.failure to produce such-records{ - the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to canes suspension of any further payment or advance of funds until such violation ceases. (4) The contractor shall permit authorized-repreSentatives of the Wage and Hour Division to conduct interviews with employees at the worksite ?during normal working hours. The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law.or Regulations, 29 CFR part 4), rebate, or kickback on any account. Such payments shall be - made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A.pay period under this.Act may not be of any duration longer than The contracting officer shall withhold or cause to be withheld from .the Government prime contractor under this or any other Government 'Contract/IGSA with the prime contractor such sums as an apprOpriate 'official of the Department of Labor requests or such sums as the contracting officer decides may be necessary_to pay underpaid employees Vemployed by the contractor or subcontractor. In the event of failure to pay any employees subject to the set all or part of the wages or fringe .benefits due under the Act. the agency may,'after authorisation or by direction of the Department of Labor and written notification to the 'contractor{ take action to cause suspension of any further payment.or advance of funds until such violations_have ceased. Additionally, any' failure to comply with the requirements of these clauses relating to ?the Service Contract Act of 1965, may be grounds for termination of the- .right to pressed with the Contract/168A Work. In such event, the Government may enter into other centracts or_arrangements for completion of the work, charging the contractor in default with any additional cest. The oontractor'agrees to insert these clauses in this section . relating to_the Service Contract Act of 1965 in all Subcontracts subject to_the Act. The term contractor as used in these clauses in any Attachment Page 5 of 9 subcontract Shall be deemed to refer to the subcontractor, except in _the term Government prime contractor. . As used_in these clauses, the term service employee_means any person engaged in the performance of this Contract/IGSA other than any 'perSOn employed in a bona fide executive, administrative, or 1 "professional capacity, as those terms are defined in part 541 of title 29, Code of of July [[Page44)) 30, 1976, and any_subsequent revision of those regulations. The term service employee includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and- such persons. (2) The-following statement is included in contracts pursuant to Section 2(for informational purposes only: The following classes of service employees expected to be employed .under the Contract/IGSA with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C. 5341 "or 5 0.3.0. 5332 and would, if so employed, be-paid not less than the following rates of wages and fringe benefits: - Employee class 'Iwage~fringe benefit 93?05 - GS-S $14 24 Gs?o7' . 33?7 $17.64 Search current rates at If wages to be paid or fringe benefits to be furnished any ?service employees employed by the Government prime contractor or any . subcontractor under the Contract/103A are provided for in a collective _bargaining agreement which is or will be effective during-any period in which the Contract/IGSA is being performed, the Government prime .contractor shall report such fact to the contracting officer, together with full information-as to the application_and accrual of such wages .and fringe benefits, including any prospective increaSes, to service. employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements er provisions or amendments thereof effective at a later time during _gthe.period of Contract/188A performance, such agreements shall be reported after negotiation thereof. Not less than lO_days prior to completion of any Contract/IGSA being performed at a Federal facility where service employees.may be . retained in the performance of the succeeding Contract/IGSA and subject -to a wage determination which contains vanation or other benefit provisions based upon_length of service with a contractor (predecessor) _or successor {Sec. 4.173 of Regulations, 29 CFR part 4), the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's Or 'subcontractor's payroll during the last month of Contract/IGSA _performance. SuCh list shall also contain anniversary dates-of 'employment on the Contract/IGSA either with the current or predecessor Attachment 3 Page 6 of 9 1m: contractors of each such service employee. The contracting officer shall turn over such list to the successor contractor at_the commencement of the succeeding contract. Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR part 4. By entering into_this contract, the contractor (and offidials thereof) certifies that neither it (nor he or She) nor any perSon or' firm who has a substantial interest in the contractor's firm is a 'person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5.of the Act. (2) No part of this Contract/163A shall be subcontracted to any person or firm ineligible for award of a Government Contract/IGSA pursuant to section 5 of the Act. . . . The.penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. - - Notwithstanding any of-the clauses in paragraphs through of this section relating to the Service Contract Act of 1965, the following-employees may be employed in accordance with the following variations, tolerances, and exemptions, which the_Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 92?473, found to be necessary and prOper in the pUblic interest or' to avoid-serious impairment of the conduct of Government business: (1)Apprentices, student?learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by- section 2(a) or([Page 45]] - of the service Contract Act without diminishing any fringe ?benefits or cash payments in_lieu thereof required under section 2(a) (2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, studentwlearners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair.Labor Standards Act of 1938, in the ?regulations issued by the Administrator (29 CER parts 520, 521, 524, "and 525). . - (3) The Administrator will issue certificates'under the Service_ Contract Act.for the employment of apprentices, student?learners, '1._handicapped persons, or handicapped clients of sheltered workshops not_ subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary-cash payments in lieu thereof}, applYing procedures prescribed by the applicable regulations _issued under the_Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525). The Administrator will also withdraw, annul, or cancel Such certificates in accordance with the regulations in parts 525 and_528 of 'title 29 of the Code of Federal Regulations. Attachment 3 Page 7 of 9 Apprentices will be permitted to work at-less than the predetermined rate for.the work they perform when'they are employed and individually registered in a bona fide apprenticeship program -registered with a State Apprenticeship Agency which is recognized by the U33. Department of Labor, or if no such recognized agency exists in' a State, under a program registered with the Bureau of ApprenticeShip and Training, Employment and.Training Administration, U.S..Department of Labor, Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman- classification of work actually performed. The wage rates paid apprentices shall not_be lees than the wage rate for their level of progress set forth in the registered program, expressed as the' appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to' journeyman employed on the Contract/IGSA work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Where an employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a menth in tips, the amount of tips received by the employee may be credited by the employer against the minimum wage required by Seetion or of the_ Act to the extent permitted by section the Hair Labor Standards Act and Regulations, 29 CFR Part 531. To utilize this provison: (11The-employer must inform tipped employees about-this tip credit allowance before the credit is utilized; . '12)The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips reCeivedJr i The employer must be able to show by records that the employee receives at least the applicable Service Contract not minimum wage through the combination of direct wages and tip credit: The use of such_tip credit must have been permitted under any predecessor collective bargaining agreement applibable by virtue of section 4(a) of the Act. . - Disputes concerning labor standards. Disputes arising out of_the labor standards provisions of this Contract/IGSA shall not be subject to the general disputes clause of this centract. Such'disputes shall.be, resolved in accordance with the procedures of the Department of Labor set forth-in 29 CFR parts 4, 6, and 8. Disputes within the meaning of this clause.include disputes between the contractor {or any of its subcontractors) and the contracting agency, the'D;S. Department of Labor, or the employees or their representatives.(The intormation_ collection, recordkeeping, and-reporting requirements contained in this section have been approved by the Office of Management and Budget under the following numbers: {EPage.46]] Paragraph hudMB control number I I Attachment-3 Page 8 of 9 1.792 . . . . . . . . . . . . . . 1215?0150 . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215-0150- (91(1215?0017 (ng1215?0150 (1) (11215?0150 . . . . . . . . . . . . . . . _1215-?0017 [48 6349762, Get. :27, 48 FR 50529, Nov. 2, 1983; as amended-at 61 FR 68663, Dec. 30, 1996] . -. . I Attachinent 3 Page 9 of 9 . um: 77o