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THIS DOCUMENT IS PROVIDED FOR INFORMATION ONLY AND
SHOULD NOT BE RETURNED AS PART OF AN OFFER SUBMISSION.
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ALARM AND SIGNAL SYSTEMS, FACILITY MANAGEMENT SYSTEMS,
PROFESSIONAL SECURITY/FACILITY MANAGEMENT SERVICES, AND
PROTECTIVE SERVICE OCCUPATIONS (GUARD SERVICES). For other
types of Facilities Maintenance, refer to Schedule 03FAC
NOTE: FOB terms offered for this Attachment should be the same FOB terms
offered to your commercial customers, as disclosed on the Commercial Sales
Practices, contained elsewhere within this solicitation package.
Clause 52.247-32 – FOB Origin, Freight Prepaid will be included in any resultant
award if your commercial customers are offered FOB Origin freight terms (see
basic solicitation document for clause in full text).
Clause 52.247-34 – FOB Destination will be included in any resultant award if your
commercial customers are offered FOB Destination freight terms (see basic
solicitation document for clause in full text).
Oral or written requests for explanation or information regarding this solicitation should be directed to:
GSA, GREATER SOUTHWEST ACQUISITION CENTER – 7QSAB
819 TAYLOR STREET, ROOM 7A37
FORT WORTH, TX 76102-6114
Pat Dawson (7QSAB-P5)
Phone: 817-850-8113
Fax: 817-574-2688
e-mail: pat.dawson@gsa.gov
Carroll Slag (7QSAB-C9)
Phone: 817-850-8438
Fax: 817-574-2688
e-mail: carroll.slag@gsa.gov
Melissa Salvatore (QSAB-S8)
Phone: 817-850-8273
Fax: 817-574-2688
e-mail: melissa.salvatore@gsa.gov
Vivian Allen (7QSAB-V1)
Phone: 817-850-8215
Fax: 817-574-2688
e-mail: vivian.allen@gsa.gov
Jonathan Woodcock (7QSAB-J7)
Phone: 817-850-8373
Fax: 817-574-2688
e-mail: jonathan.woodcock@gsa.gov
Joe Moore (7QSAB-J8)
Phone: 817-850-5559
Fax: 817-574-2688
e-mail: joe.moore@gsa.gov
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ENVIRONMENTAL ATTRIBUTES – FEDERAL SUPPLY GROUP 63
This addendum addresses “Environmental Attributes” as described in the government broad-based solicitation
for FSS schedules. Products discussed in this addendum include all applicable heating and air conditioning
products sold through GSA’s General Products Acquisition Center, FSS Schedule 084, Total Solutions for Law
Enforcement, Security, Facilities Management, Fire, Rescue, Special Purpose Clothing, Marine Craft, and
Emergency/Disaster Response, Federal Supply Group 63. Effective immediately, GSA will require all vendors
to clearly identify any and all energy efficient products sold through Attachment 03, either in hard copy or on
GSA Advantage! An energy-efficient product is one that complies with criteria specified in DOE/EPA’s Energy
Star labeling programs or criteria outlined in the Federal Energy Management Program’s (FEMP) Product
Efficiency Recommendations. For more information about these products contact:
For FEMP’s Product Efficiency Recommendations – Buying Energy Efficient Products Binder
DOE’s EREN Clearinghouse
1-800-363-3732
www.eren.doe.gov/femp/procurement
For information on about ENERGY STAR
1-888-STAR YES
www.energystar.gov/products
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SIN DESCRIPTIONS
84
TOTAL SOLUTIONS FOR LAW ENFORCEMENT, SECURITY, FACILITIES
MANAGEMENT, FIRE, RESCUE, CLOTHING, MARINE CRAFT AND
EMERGENCY/DISASTER RESPONS
Alarm and Signal Systems, Facility Management Systems, Professional Security/Facility Management
Services and Protective Service Occupations Guard Services) SIN Descriptions. For other types of
Facilities Maintenance, see Schedule 03FAC.
Category
Description
246 01
Smart Buildings Systems Integrator – Includes the comprehensive integration of building
systems and technology using a non-proprietary and open architecture. Typical building
systems to be integrated include: building automation, life safety, telecommunications,
facilities management, security, energy and environmental control, HVAC, lighting, building
envelope, access control, power management, cabling infrastructure/wireless, VOIP, video
distribution, video surveillance, data network, etc. Typical integration functions include, but are
not limited to: requirements analysis, strategic systems planning, system configuration,
implementation alternatives, integration planning, system component acquisition, component
integration, testing and analysis, interaction with Building Operations Centers,
collection/manipulation of smart building component data, configuration management and
control, desigh-guide development, operational training and support, monitoring, reporting and
managing of the systems, and systems maintenance.
246 20 1
Miscellaneous Alarm and Signal Systems. Process Monitoring/Fault Reporting Devices or
Systems - which monitor pressure levels, flow rates, temperatures, leaks
246 20 2
Miscellaneous Alarm and Signal Systems. - Hazard Indicating Alarm Devices or Systems for the
Detection of Toxic Gases, Flammable Gases
246 20 3
Miscellaneous Alarm and Signal Systems. Audible/Visual Warning/Signaling Devices - including
radio alarms equipment (excluding those for vehicular use
246 20 4
Miscellaneous Alarm and Signal Systems. Warning System Devices (Patient/Detainees)
246 23
Anti-Theft Material Alarm Control Systems for Detection of Property
246 25
Fire Alarm Systems - (Excludes Fire Suppression Devices)
246 35 1
Access Control Systems, Door entry control by card access, magnetic proximity - including but
not limited to Biometric
246 35 2
Access Control Systems, Door entry control by touch access, dial, digital, keyboard, keypad including but not limited to Biometric, Voice, Fingerprint, Iris, Hand Geometry, Weight
246 35 3
Access Control Systems, Parking Access Control - including but not limited to Biometric
246 35 4
Access Control Systems, Emergency exit door access/alarm systems for security and/or fire
safety - including but not limited to Biometric
246 35 5
Access Control Systems - Vehicle Arrest/Security Barrier/Barricade/Bollard Systems,
Decorative Barrier Planters
246 35 6
Other Access Control Systems - Including but not limited to Biometric Access Control - Facial,
Voice, Fingerprint, Iris Recognition, etc.
246 36
Locking Devices - including padlocks and electronic locks not covered by SIN 246-35
246 40
Intrusion Alarms and Signal Systems - Including audible and visible warning devices (no
personal alarms)
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246 42 1
Facility Management Systems - (Including Accessories and Repair Parts. Computerized
Systems for Surveillance, Monitoring, Controlling, Signaling and Reporting Multiple Functions.
Security Functions (i.e., access control, fire detection, intrusion, etc.)
246 42 2
Facility Management Systems - (Including Accessories and Repair Parts. Computerized
Systems for Surveillance, Monitoring, Controlling, Signaling and Reporting Multiple Functions.
Energy and Facility Management Functions and Services, Building Automation Control systems
(including lighting, HVAC controls and sensors), Building Comfort Systems (including heating,
ventilation and air conditioning, chillers)
246 42 3
Facility Management Systems - including accessories and repair parts. - Computerized systems
for surveillance, monitoring, controlling, signaling and reporting multiple functions. Systems
capable of both security functions and energy management functions
246 43
Perimeter Security/Detection Systems - including but not limited to Fencing, Sensors, etc.
246 51
Installation of Security/Facility Management Systems Requiring Construction. See following
pages.
246 52
Professional Security/Facility Management Services - including security consulting, training and
facility management consulting. See following pages.
246 53
Facility Management and Energy Solutions - Includes, but not limited to projects using
appropriated funds as well as alternative financing methods through the use of Energy Savings
Performance Contracts (ESPC's) in accordance with the National Energy Conservation Policy
Act (NECPA) as amended by the Energy Policy Act of 2005 (EPACT). Projects include energy
audits, project management, and energy upgrades of HVAC, Lighting, Controls, etc.. See
following pages.
246 54
Protective Service Occupations - Including Security Guards, Alarm Monitors, Baggage
Inspectors, Corrections Officers, Court Security Officers, Detection Dog Handlers, Detention
Officers, Firefighters, Police Officers, Categories to support Operation On-site of Security
Functions, and other support and related categories. See following pages.
246 60 1
Security Systems Integration and Design Services - Services involving the security integration
and/or management discipline which supports security products or systems through their life
cycle. Security Systems integration and design services may include, but are not limited to
those associated with the design, test, production, fielding, sustainment, improvement of cost
effective security and/or protection systems including the eventual disposal or salvage of these
systems. Services may include studies and analysis such as - risk assessment, threat
evaluation, and assessment (including resultant deliverables). Contractors may provide
security or protection expertise in the pre-production or design phase of security or protection
systems to ensure that the system can be supported through its life-cycle and that the
infrastructure elements necessary for operational support are identified and acquired. These
services may continue through the life cycle of the system or product and may include
guidance, assistance and/or operational support. This includes all necessary security
management elements.
246 60 2
Security Management and Support Services - Services providing the best practices,
technologies and methodologies to plan, design, manage, operate and maintain secure and
protected systems, equipment, facilities and infrastructures. Agency orders may include
complete turnkey operations, maintenance and support services, or components thereof as
needed to ensure secure and protected systems involving personnel security, physical access,
and information security, and reduce life cycle costs. Contractor personnel carrying out these
activities, to include management and operating staffs, are not involved with or responsible for
the core business of the customer agency placing the order.
246 60 3
Security System Life Cycle Support - Services providing for design, coding, integration,
testing, deploying, repair and maintenance of integrated security systems, and training across
all platforms, enterprise wide, for the complete life cycle of the system.
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246 60 4
Total Solution Support Products - Products delivered in direct support of services provided
under the other SINs. These products could include training manuals, CD-ROMs, overhead
slides, security and simulation software and hardware, etc. utilized in performing a task.
246 1000
Ancillary Supplies and/or Services – Ancillary supplies and/or services are support supplies
and/or services which are not within the scope of any other SIN on this schedule. These
supplies and/or services are necessary to compliment a contractor’s offerings to provide a
solution to a customer requirement. This SIN may be used for orders and blanket purchase
agreements that involve work or a project that is solely associated with the supplies and/or
services purchased under this schedule. This SIN EXCLUDES purchase that are exclusively for
supplies and/or services already available under another schedule.
246 99
Introduction of New Products/Services relating to Alarm and Signal Systems/Facility
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Corporate and Project Experience
The following information must be provided for offers under Special Item Numbers (SINs) 246 01, 246
52, 246 53, 246 60 1, 246 60 2, 246 60 3. (Corporate and Project experience requirements specific
to SIN 246 54 can be found in the solicitation attachment titled 246-54 Evaluation).
FACTOR 1, CORPORATE EXPERIENCE
The following must be provided in addition to any other information requested elsewhere in this solicitation for any stand alone services being offered:
1)
For stand alone services offered under the above noted SINs, an offeror is expected to have at least two (2) years of Corporate Experience.
Offerors must submit a two-page (maximum) narrative describing the company's corporate experience providing the types of services offered
under the SINs offered. Your company must have provided these types of services to either a Government or Commercial entity f or a
minimum of two (2) years as noted above. At a minimum, your narrative must include the following:
i)
ii)
iii)
iv)
v)
2)
Organization's number of years of corporate experience in providing the services offered in the SINs proposed.
Organization's size, experience in the field, and resources available to enable the offeror to fulfill requirements of the size anticipated under any
resultant Schedule contract;
Brief history of the organization's activities contributing to the development of expertise and capabilities related to this requirement;
Information that demonstrates the offeror's organizational and accounting controls and manpower presently in-house or the ability to acquire the
type and kinds of personnel proposed;
Describe/identify how you intend to market these services to federal clients;
No substitution for Corporate Experience will be considered.
FACTOR 2, RELEVANT PROJECT EXPERIENCE
1)
Most recent Financial Reports (last 2 years of Income Statements and Balance Sheets)
2)
Company Profile to include background and qualifications of management team
3)
Company Training Requirements for each Labor Category Offered (if applicable)
4)
Description of each labor category offered
5)
For each service SIN offered, the offeror must provide descriptions of five (5) projects. Each description must state the SIN to which it applies, and
identify the specific services being proposed for that SIN.
6)
Of the five (5) projects, at least two(2) of the projects must either have been completed within the last two years or be on-going. For on-going contracts
with a base year and option years, at a minimum the base year must have been completed; for multi-year task orders, at a minimum the first year
must have been completed.
7)
The offeror must demonstrate that the tasks performed are of a similar complexity to the work solicited under each SIN. The offer may provide the
same project for more than one SIN as long as the description identifies which specific work relates to each SIN. All examples of completed
services must have been found to be acceptable by the client. Project descriptions shall not exceed four pages per project.
8)
Each project description shall include the following customer reference information:
i)
Project/Contract name
ii)
iii)
iv)
v)
Customer/Client Name
Brief summary of the project as a whole (background, purpose, etc.)
Dollar Amount of Contract and Dollar value received for the work performed relevant to the SIN offered
Project Duration, which includes the original estimated completion date and the actual completion date
vi) Point of Contact, current telephone number, and current email address.
vii) A copy of the Statement of Work for the project; this does not count against the limitation of four pages per project.
9) Contractors proposing to participate on Energy Savings performance Contracts under SIN 246 53 must be listed on the Qualified ESPC List
maintained by the Department of Energy (DOE).
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SPECIAL ITEM NUMBER 246-1000 - ANCILLARY SUPPLIES AND/OR SERVICES
Includes, but is not limited to: supplies and/or services necessary to install the system (from design through
start-up), maintain the system (including maintenance agreements, which may not exceed the term of this
contract), or training.
Ancillary Service excludes:
 Construction (construction is defined as alteration, or repair of buildings, structures, or other real property)
 Architectural Engineering Services (A&E) under the Brooks Architect-Engineers Act as stated in Federal
Acquisition Regulation (FAR) Part 36. These services shall be ordered only in accordance with Part 36 and
agency procedures, and shall not be included on a GSA contract order as an open market item.
 Personal services.
 Stand-alone services which are applicable to the Service Contract Act (SCA)
Contractors are responsible for the following when performing services or providing supplies under this SIN:

Contractors may subcontract any ancillary services or supplies ordered under this Special Item
Number, unless specifically prohibited by the contracting officer issuing the order against the Multiple
Award Schedule contract.

Contractors are responsible for insuring that the scope of work is completed and all warranties are
honored.

Subcontractors must be licensed and bonded, as applicable.

Compliance with all local laws, regulations, and ordinances are the responsibility of the prime
contractor.

The prime contractor shall accept full responsibility and liability for all work performed by
subcontractors, at any level or tier.

The Government reserves the right to apply liquidated damages whenever the required delivery date is
not met.

Contractors are required to maintain insurance in accordance with Clause 52.228-5, Insurance – Work
on a Government Installation.

Agencies’ Scope of Work will inform the Contractor of the required insurance amounts. Clause 52.2285 is made part of this contract by reference.

The contracting officer for the ordering agency may insert any agency unique requirements for the job,
including employee suitability determination requirements (security checks), into the scope of work.

Contractor quotations shall specifically detail all products and services with the contract price and
provide a single price for services.

Sales of ancillary services or supplies shall not be combined or reported with the product SIN.
The ordering agency is responsible for:

Defining and issuing the statement of work for ancillary services. Accurate definition of the scope and
statement of work is essential to facilitate realistic quotations. The statement of work shall also inform
the contractor of any applicable insurance requirements.
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
Ordering agencies shall obtain pricing information from the schedule contractors, and will negotiate for
ancillary services and supplies on an order by order basis, based on complexity and level of effort.
Ancillary services and supplies shall be priced as separate line items on each order.

Pricing of services and supplies has been determined fair and reasonable by GSA. However, ordering
agencies shall make a determination that the total price is fair and reasonable based on the level of
effort and the mix of labor proposed.

Ordering agencies will comply with all appropriation laws and ensure that the correct types of funds are
obligated on each order.
Reference FAR 8.4 for an explanation of ordering procedures used when purchasing through a Multiple Award
Schedule contract.
All proposed supplies and services must be within the scope of this SIN on the contract. Furnish a full
and detailed description of the supplies and/or services offered and a pricing proposal in accordance
with the Pricing Proposal document of the solicitation.
Special Instructions: The work performed under this SIN shall be associated with existing SIN(s) that
are part of this schedule. Ancillary supplies and/or services shall not be the primary purpose of the
work ordered, but be an integral part of the total solution offered. Ancillary supplies and/or services
may only be ordered in conjunction with or in support of supplies or services purchased under another
SIN(s) of the same schedule. Offerors may be required to provide additional information to support a
determination that their proposed ancillary supplies and/or services are commercially offered in
support of one or more SIN(s) under this schedule.
OFFERORS MAY ONLY OFFER THIS SPECIAL ITEM NUMBER IN CONJUNCTION WITH SYSTEMS
OFFERED UNDER THIS SCHEDULE . THE PRINCIPAL PURPOSE OF THIS SCHEDULE IS FOR THE
PURCHASE OF ALARM AND SIGNAL SYSTEMS/FACILITY MANAGEMENT SYSTEMS.
SIN 246-51 - INSTALLATION REQUIRING CONSTRUCTION
(If you are offering this SIN, review clauses regarding Construction found in Addendum 1 at the end of
this document)
INCLUDES: Installation which requires construction.
Note: Ancillary services involving installation which do not meet the definition of construction as defined in
FAR 2.101 shall be covered under SIN 246-50.
Note: This SIN specifically EXCLUDES Architectural Engineering Services (A&E) under the Brooks
Architect-Engineers Act as stated in Federal Acquisition Regulation (FAR) Part 36. These services shall be
ordered only in accordance with Part 36 and agency procedures, and shall not be included on a contract
order as an open market item.
Contractors are responsible for the following when performing services under this SIN:

Contractors must comply with Construction Clauses and Davis-Bacon Regulations. The clauses
shown in Appendix 1 to Attachment 3 of this solicitation will apply to agency orders placed against
the schedule contract.
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
Compliance with all local laws, regulations and ordinances are the responsibility of the GSA prime
contractor. The prime contractor shall accept full responsibility and liability for all work performed by
subcontractors under a resultant contract.

Contractors shall review the statement of work issued by the ordering agency and provide a
separate quote for services to be performed under this SIN based on the ordering agency’s
requirements. Should the contractor not be able to meet requirement(s) in the statement of work,
the contractor’s quote must specifically identify the items which have not been included in the
quoted price.

Contractors must provide bonding and insurance as required by the ordering agency’s statement of
work.

Contractors may serve as a prime contractor and subcontract any services, including installation or
site preparation, unless specifically prohibited by the ordering contracting officer. Subcontractors
must comply with any licensing and bonding requirements specified in the statement of work.

The contractor shall be responsible, accountable and liable for all work performed, including work
performed by subcontractors (at all tiers), and for ensuring the work performed is completed in
accordance with the ordering agencies statement of work.

The contractor shall ensure all warranties are honored. All construction work must be guaranteed
for any defect in workmanship and materials.

The Government reserves the right to apply liquidated damages whenever the required delivery is
not met in accordance with clause 52.211-12, Liquidated Damages – Construction.
When placing orders for services under this SIN, Ordering Agencies shall follow the procedures at FAR 8.405:
The ordering agency is responsible for:

Complying with all Federal Appropriation Laws and ensuring the correct types of funds are obligated
on the order.

When construction, alteration or repair of public buildings or public works is to be performed under
this SIN, Ordering Agencies must comply and ensure contractor compliance with the Construction
Clauses and Davis-Bacon Regulations. See Appendix 1 of the GSA solicitation for a complete listing
of the FAR and GSAM Clauses incorporated by reference for all schedule contractors awarded this
SIN. Ordering agencies shall utilize these clauses as a guideline and shall incorporate the
applicable clauses into the statement of work for orders issued against the Federal Supply Schedule
contract. The ordering agency is responsible for including the most current version of these clauses
and any other applicable clauses into the order. Clauses which require "fill-ins” shall be completed
by the ordering agency. Any agency specific clauses which may apply based on agency regulations
or requirements shall be incorporated in the agency task order.

Defining and issuing the statement of work for services, including installation and site preparation. It
is essential that the ordering agency’s statement of work includes an accurate description of the work
requirement to facilitate realistic quotations.

The statement of work shall clearly inform the contractor of all bonding requirements and any
required insurance amounts.

The ordering agency will provide the local Davis-Bacon wage rates to contractors. Applicable wage
determinations will be incorporated into the statement of work and resulting task order.

Reviewing quotations from schedule contractors to ensure the work proposed meets the statement
of work requirements. The ordering agency should request the contractor to submit fixed price
quotes to perform the services.
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
The ordering agency shall evaluate all responses received using the evaluation criteria provided to
the schedule contractors. The ordering agency is responsible for considering the level of effort and
the mix of labor proposed to perform a specific task being ordered, and for determining that the total
price is reasonable.

Performance clauses shall be modified for each job by the ordering agency.

Administration of orders issued under this Special Item Number.

All orders and payments must be made to the schedule contractor or their designee. Example: A
contractor may designate a participating dealer to receive payment.
All proposed services must be within the contract scope. Furnish a full and detailed description of
the services offered and a pricing proposal in accordance with the Services Pricing Proposal (See
Pricing Proposal Attachment to this solicitation) of the solicitation. Upon award, the contract will
specifically state those services accepted for this SIN.
OFFERORS MAY ONLY OFFER THIS SPECIAL ITEM NUMBER IN CONJUNCTION WITH SYSTEMS
OFFERED UNDER THIS SCHEDULE. THE PRINCIPAL PURPOSE OF THIS SCHEDULE IS FOR THE
PURCHASE OF ALARM AND SIGNAL SYSTEMS/FACILITY MANAGEMENT SYSTEMS.
SIN 246-01, Smart Building Systems Integrator, SIN 246-52 - PROFESSIONAL SECURITY/FACILITY
MANAGEMENT SERVICES, and
SIN 246-60 (1-4) – SECURITY CONVERGENCE SERVICES
Includes, but is not limited to:
SIN 246-01: Smart Buildings Systems Integrator – Includes the comprehensive integration of
building systems and technology using a non-proprietary and open architecture. Typical building systems
to be integrated include: building automation, life safety, telecommunications, facilities management,
security, energy and environmental control, HVAC, lighting, building envelope, access control, power
management, cabling infrastructure/wireless, VOIP, video distribution, video surveillance, data network,
etc. Typical integration functions include, but are not limited to: requirements analysis, strategic systems
planning, system configuration, implementation alternatives, integration planning, system component
acquisition, component integration, testing and analysis, interaction with Building Operations Centers,
collection/manipulation of smart building component data, configuration management and control, desighguide development, operational training and support, monitoring, reporting and managing of the systems,
and systems maintenance.
SIN 246-52: Security Consulting/Training and Facility Management Consulting. Professional Services
offered under this SIN shall be for the support of security systems (including access control, intrusion alarms,
fire alarm systems, etc.) and Facility Management Systems (including security and energy management) only.
Excludes personal services.
SIN 246-60-1: Security Systems Integration and Design Services. Services involving the security
integration and/or management discipline which supports security products or systems through their life cycle.
Security systems integration and design services may include, but are not limited to those associated with the
design, test, production, fielding, sustainment, improvement of cost effective security and/or protection systems
including the eventual disposal or salvage of these systems. Services may include studies and analysis such
as - risk assessment, threat evaluation, and assessment (including resultant deliverables). Contractors may
provide security or protection expertise in the pre-production or design phase of security or protection systems
to ensure that the system can be supported through its life-cycle and that the infrastructure elements
necessary for operational support are identified and acquired. These services may continue through the life
cycle of the system or product and may include guidance, assistance and/or operational support. This includes
all necessary security management elements.
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SIN 246-60-2: Convergence Security Management and Support Services. Services providing the best
practices, technologies and methodologies to plan, design, manage, operate and maintain secure and
protected systems, equipment, facilities and infrastructures. Agency orders may include complete turnkey
operations, maintenance and support services, or components thereof as needed to ensure secure and
protected systems involving personnel security, physical access, and information security, and reduce life cycle
costs. Contractor personnel carrying out these activities, to include management and operating staffs, are not
involved with or responsible for the core business of the customer agency placing the order.
SIN 246-60-3: Convergence Security System Life Cycle Support. Services providing for design,
coding, integration, testing, deploying, repair and maintenance of integrated security systems, and training
across all platforms, enterprise wide, for the complete life cycle of the system.
SIN 246-60-4: Total Solution Support Products – Products delivered in direct support of services
provided under the other SINs. These products could include training manuals, CD-ROMs, overhead slides,
security and simulation software and hardware, etc. utilized in performing a task.
Offerors should submit their method of commercial pricing for any proposed professional services. The
Government anticipates award based on the offeror’s commercial pricing policies. Other pricing methods may
be evaluated.
Tasks for these and related services may be ordered. Orders shall be placed in accordance with FAR 8.4 –
Federal Supply Schedules.
Prime contractors may subcontract services ordered under this Special Item Number unless specifically
prohibited by the contracting officer issuing the delivery order against this Multiple Award Schedule contract.
The prime contractor shall be responsible, accountable, and liable for all work performed by any subcontractor,
level, or tier.
SIN 246-53 – FACILITY MANAGEMENT AND ENERGY SOLUTIONS
(If you are offering this SIN, complete and submit the Leasing and Rental documents attached to the solicitation)
Options available under this attachment are: Lease to Ownership (Capital), Lease with Option to Purchase
(Operating), Rental (Short-Term Lease). Other lease options may be proposed and accepted if determined in
the best interests of the Government.
Further terms and conditions for leasing and rental are found in the Leasing and Rental Attachments of this
solicitation.
Contingent upon the ordering agency’s Scope of Work, selected clauses found in Appendix 1 of this
Attachment may apply if construction is required.
Return of Equipment Upon Expiration of the Lease Term: Prior to award of the lease, the ordering agency is
advised to negotiate with the Contractor any costs for dismantling or removal of a leased or rented equipment.
If the Government does not purchase the equipment by the expiration of the lease term, the equipment shall
remain the property of the Contractor and the Contractor shall resume possession. The Contractor is required
to remove the equipment within 30 days of completion of the lease term unless otherwise agreed upon by the
ordering agency.
APPLIES WHEN SIN 246-53 IS UTILIZED FOR ENERGY SAVINGS PERFORMANCE CONTRACTS ONLY
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CAPITAL LEASES MAY BE PERFORMED UNDER THIS SIN FOR A PERIOD NOT TO EXCEED 25 YEARS
FOR THE SOLE PURPOSE OF ENERGY SAVINGS PERFORMANCE CONTRACTS, SUBJECT TO THE
FOLLOWING CONDITIONS:

Agencies utilizing this SIN for Energy Savings Performance Contracts are required to have obtained
any required approvals under 42 USC 8287.

Annual Energy Audits are required. The audit is required to be performed utilizing the North American
Measurement and Verification Protocol. Steps in the audit process include: Baseline Verification, PostInstallation Verification, and regular Interval Post-Installation Verification. Required energy audits shall
be included in the lease payment quoted by the contractor in response to the agency’s scope of work.

Terms and Conditions of the Performance Guarantee shall be specified by the contractor in their
response to the agency’s scope of work. This guarantee shall, at a minimum, provide that the
contractor is responsible for maintenance and repair services for any energy related equipment
installed under this agreement (including computer software systems). The contractor shall
guarantee a minimum amount of energy savings per year. Shall the minimum savings amount not
be met, the difference shall be paid to the agency within 30 days of the end of the yearly period.

Aggregate annual payments made by an agency to both the utility and energy savings performance
contract may not exceed the amount that the agency would have paid for utilities without an energy
savings performance contract during the life of the agreement.

Guaranteed savings must exceed the debt service requirements.

If the cancellation ceiling exceeds $10,000,000, the agency shall provide written notification to
Congress in accordance with the National Energy Conservation Policy Act Requirements (42 USC
8287).

Customer agencies shall have the right to place additional requirements within the scope of this
contract in their statement of work. Any maintenance agreement performed under this provision shall
be effective for the duration of the lease, unless otherwise specified by the agency in their scope of
work. The agency shall obtain title to the equipment following the final lease payment

The agency shall have the option of “buying out” the lease at any period during the lease. The buy-out
amount shall be the remaining residual value.
SPECIAL PROVISIONS
This lease is for the number of years stated in the delivery order. The Government has the right to terminate
this contract for convenience or default in the accordance with Federal Acquisition regulation Part 49.
In the event that the lease is terminated for lack of funding, the Government may purchase the leased
equipment for the residual value within 30 days of receipt of invoice from the vendor or may elect not to
purchase the leased equipment. Alternatively, if the equipment is not purchased, the Government shall permit
the lessor to enter the premises and remove all or any portion of the leased equipment the lessor may choose.
Any equipment not removed shall become the property of the Government.
CANCELLATION CEILING
Should the lease be completely terminated for convenience (for any reason other than the aforementioned lack
of funding), the Government shall purchase the leased equipment for the residual value. The residual value
shall be determined by utilizing the standard payments function on the commercially available spreadsheet
program (e.g. Lotus 1-2-3, Excel, etc.) The contractor shall provide the Government a table detailing the yearly
7FCI-L3-030084-B - REFRESH 18
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estimated residual value based on the interest rate quoted to the Government at the time of the Statement of
Work.
In the event of a partial termination for convenience, the Government and the lessor shall negotiate a
reasonable compensation to the lessor for the residual value of the leased equipment included in the
terminated portion of the lease.
PERFORMANCE DELAYS
The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the
reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public
enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics,
quarantine, restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor
shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of
any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence.
Any delays caused by the Government in its contractual capacity shall be dealt with in accordance with Federal
Acquisition Regulation 42.13. Notwithstanding this provision, the Contractor shall not be entitled to any
adjustment in the term or price of the lease arising from delays caused by the Government unless a detailed
Critical Path Method Schedule was provided to the Government at the start of the project and updated
regularly by the Contractor.
ORDERING PROCEDURE






Contractor performs feasibility analysis.*
Contractor performs preliminary energy audit.*
Contractor and Agency enter into agreement for the Contractor to perform a detailed energy audit. **
The procedures and price of this audit shall be conducted in accordance with CSP-1 Commercial Sales
Practices Format (Number 4).
Contractor shall present detailed project design, showing the proposed scope of work. In addition to
the design, the Contractor shall present a proposed price for the work to be performed. The price shall
consist of product prices, and labor prices (to be negotiated in accordance with CSP –1 Commercial
Sales Practices Format). The monthly payment shall be calculated by the Contractor utilizing the
contractual rate of interest.
Upon agreement of the price and scope of work, a delivery order shall be issued by the ordering
agency.
Upon acceptance of the work, the guarantee period shall begin.
*Agency will determine which contractor offers the best value after these two steps. No cost to the
agency for these services.
**Cost of the detailed energy audit may be paid for by the agency or rolled into the lease agreement.
Sin 246-53 Leasing Agreement
Total Financed Amount
Projects under $1 M
Projects from $1 M - $2.5 M
Projects over $2.5 M
Budgetary Lease Rate
Projected Contract Term
5Year and 10 Year
5 Year
10 Year
15 Year
5 Year
10 Year
15 Year
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SIN 246-54 – PROTECTIVE SERVICE OCCUPATIONS
Protective Service Occupations including Security Guards, Alarm Monitors, Baggage Inspectors, Corrections
Officers, Court Security Officers, Detection Dog Handlers, Detention Officers, Firefighters, Police Officers, and
Categories to support Operation On-site of Security Functions, and other support and related categories shall
be provided as required in the agency task order. The following categories are requested as a minimum:
Category
Court Security Officer
Guard I
Guard II
General Clerk
Detention Officer
Firefighter
Police Officer
SCA Occupation Code
27010
27101
27102
01118
27040
27070
27130
Supervisor*
Assistant Project Manager*
Project Manager*
*Not covered by the Service Contract Act.
The offeror may also propose additional categories relating to guard services, as appropriate. Descriptions of
labor categories covered by the Service Contract Act shall be in accordance with the Directory of Occupations
published by the Department of Labor.
Guards provided shall meet all federal, state, and local requirements. Contractors shall comply with all
requirements of the Service Contract Act, as specified elsewhere in this solicitation. Wage determinations shall
be incorporated into resultant contracts at the time of award. It is the intent of the contracting officer to
establish the contract using wage determinations for major metropolitan areas and add wage determinations or
Collective Bargaining Agreements (CBAs) for new areas as the need arises using the Modifications Clause of
this contract. Current Wage Determinations can be found at www.wdol.gov. See the “Read Me First” file
attached to the Basic Solicitation Document at the FedBizOpps internet site www.fedbizopps.gov for
instructions to download the Wage Determinations.
Contractors are required to maintain insurance in accordance with Clause 52.228-5, Insurance – Work on a
Government Installation. Agencies’ Scope of Work will inform the Contractor of the required insurance
amounts. Clause 52.228-5 is made part of this contract by reference. In addition, the contracting officer for the
ordering agency may insert any agency unique requirements for the job, including employee suitability
determination requirements (security checks), into the scope of work.
The Government desires to attain nationwide coverage under resultant contracts. However, offerors will be
allowed to propose coverage on a metropolitan area or regional basis. Small businesses and others unable to
provide nationwide coverage are encouraged to submit offers and pricing for each metropolitan or regional
area proposed.
Offerors shall specify locations for which they propose to provide guard services and propose pricing for that
location on a per-person, per-hour basis.
Orders shall be placed in accordance with FAR 8.4 – Federal Supply Schedules.
Information on Receiving Task Orders for new locations under SIN 246-54
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The labor rates established in any contract for SIN 246-54 resulting from any offer against this Solicitation is
subject to the limitations of scope for the applicable locations and Department of Labor wage determinations
awarded under the contract. For any Vendor to properly quote and receive Task Orders that are within scope
of their contract, the GSA Schedule contract must incorporate appropriate Wage Determinations and/or
Collective Bargaining Agreements in effect at the facilities covered by the Task Ordering Agency’s Request for
Quotations by the closing date of the RFQ. In addition, if a Vendor quotes an hourly rate higher than its
corresponding GSA contract price, any Task Order awarded with rates that exceed the established GSA
Schedule rates violates the terms and conditions of the GSA Schedule contract and may result in negative
action taken by GSA, including but not limited to recovery of funds due to pricing violations or cancellation of
the contract.
Department of Homeland Security (DHS) / Federal Protective Service (FPS) Information
THE FOLLOWING INFORMATION IS PROVIDED “FOR INFORMATION ONLY” FOR THE BENEFIT OF ANY
OFFERORS CONTEMPLATING COMPETING FOR GSA SCHEDULE TASK ORDERS FROM DHS/FPS.
For those vendors contemplating competing for FPS BPAs or task orders issued against GSA Schedule 84,
please note that all the required labor categories, locations, wage determinations, Collective Bargaining
Agreements (CBAs), and pricing (including separate Basic, TAS and EGS rates if applicable) must be
incorporated into the vendor’s GSA Schedule contract prior to the closing date of the FPS issued RFQ.
The Vendor’s GSA schedule rates must encompass all costs associated with provision of Guard II
requirements as described within the attached FPS Statement of Work and all costs required to
ensure compliance with the applicable Department of Labor wage determinations or Collective
Bargaining Agreement in effect at the service locations described in the RFQ. If a vendor’s GSA
Schedule does not include such pricing, vendors must contact their GSA Schedule 84 Contracting
Officer and negotiate a modification to their current Schedule to establish these FPS specific rates
prior to the closing date of the FPS issued RFQ.
Additionally, please note that all FPS issued RFQs are under the authority of FPS, and ensuring that all FPS
RFQ requirements are met, including any requirements that pricing, labor categories, locations, etc., are
incorporated into the vendor’s GSA Schedule contract are the sole responsibility of the vendor. Award of any
Schedule contract or vendor requested modification to an existing Schedule
Additional Information on Contracts Awarded with SIN 246-54
The following will be required for all contracts awarded under this Solicitation that include SIN 246-54.
A) All active contract holders will be required to annually provide a listing of all awarded and currently
active Task Orders awarded under the contract. This listing will include the following information:
issuing agency, task order number, issuing Contracting Officer with contact information, period of
performance, and total price.
B) All active contract holders will be required to submit financial information annually. This information
will be used to evaluate ongoing Financial Risk Management on the contract.
See the 246-54 Evaluation document with the Solicitation for specific offer requirements for SIN 246-54
– Protective Service Occupations (Guard Services).
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Addendum 1
TERMS AND CONDITIONS APPLICABLE TO SIN 246-51 - INSTALLATION REQUIRING CONSTRUCTION
THIS ATTACHMENT IS FOR USE ONLY WITH THE FOLLOWING PRODUCT/SERVICES ATTACHMENT:
FSC Group 63 - ALARM AND SIGNAL SYSTEMS/FACILITY MANAGEMENT SYSTEMS, PROFESSIONAL
SECURITY/FACILITY MANAGEMENT SERVICES, AND GUARD SERVICES.
THE FOLLOWING CLAUSES AND REGULATIONS ARE ADDITIONAL CLAUSES APPLICABLE TO SIN 246-51 INSTALLATION REQUIRING CONSTRUCTION, AND INCLUDES CONSTRUCTION CONTRACT CLAUSES AND
LABOR STANDARDS (CONSTRUCTION CONTRACTS).
CONSTRUCTION CONTRACT CLAUSES
(FIXED PRICE)
52.252-2
CLAUSES INCORPORATED BY REFERENCE (FEB 1998) (LOCAL DEVIATION)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full
text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be
accessed electronically at this/these address(es):
For contract clauses which are contained in the Federal Acquisition Regulation (FAR) the address is
http://www.arnet.gov/far/.
For contract clauses which are contained in the General Services Acquisition Manual (GSAM) the address is
http://www.arnet.gov/GSAM/gsam.html.
The following clauses are incorporated by reference:
CATEGORY
REFERENCE
CLAUSE NO. AND TITLE
ADJUSTMENTS
FAR 52.243-4
GSAM 552.243-71
GSAM 552.243-70
FAR 52.215-15
GSAM 552.215-70
FAR 52.215-18
Changes(8-87)
Equitable Adjustments (4-84)
Pricing of Adjustments (4-89)
Pension Adjustments and Asset Reversions (10-04)
Examination of Records by GSA (2-96)
Reversion or Adjustment of
Plans for Post-retirement Benefits
Other Than Pensions (PRB)(7-05)
AUDITS
FAR 52.215-2
FAR 52.215-11
Audit and Records – Negotiation (6-99)
Price Reduction for Defective
Cost or Pricing Data –Modifications (10-97) [applicable
to modifications equal to or exceeding $500,000 and no
exception applies]
Subcontractor Cost or Pricing
Data – Modifications (10-97)
[applicable to modifications
equal to or exceeding $500,000
and no exception applies]
FAR 52.215-13
BONDS AND
INSURANCE
FAR 52.228-1
FAR 52.228-2
FAR 52.228-11
FAR 52.228-12
FAR 52.228-13
FAR 52.228-14
FAR 52.228-15
Bid Guarantee (9-96)
Additional Bond Security (10-97)
Pledges of Assets (2-92)
Prospective Subcontractor (10-95)
Alternate Payment Protections (7-00)
Requests for Bonds (10-95)
Irrevocable Letter of Credit (12-99)
Performance and Payment Bonds
7FCI-L3-030084-B - REFRESH 18
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REFERENCE
FAR 52.228-5
GSAM 552.228-70
BUY AMERlCAN
FAR 52.225-9
FAR 52.225-10
FAR 52.225-11
FAR 52.225-12
FAR 52.225-15
FAR 52.247-63
FAR 52.247-64
Page 17 of 25
Construction (9-05)
CLAUSE NO. AND TITLE
Insurance -- Work on a
Government Installation (1 -97)
Workmen's Compensation Laws (9-99)
Buy American Act - Construction Materials (1-05)
(under $6,725,000)
Notice of Buy American Construction Materials (5-02)
Buy American Act Construction Materials under Trade
Agreements (1-05) (over $6,725,000)
Notice of Buy American Construction Materials under
Trade Agreements (1-05)
Sanctioned European Union County End Products
(less than $169,000) (2-00)
Preference for U.S. - Flag Air Carriers (6-03)
Preference for Privately Owned U.S. Flag
Commercial Vessels (4-03)
DISPUTES
FAR 52.233-1
Disputes (7-02) (Alternate I)(12-91)
EMPLOYMENT
PRACTICES
FAR 52.222-3
FAR 52.222-27
Convict Labor (6-03)
Affirmative Action Compliance Requirements
for Construction (2-99)
Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible
Veterans (12-01)
FAR 52.222-35
ENVIRONMENTAL
PROTECTION
FAR 52.223-6
FAR 52.223-11
FAR 52.223-12
FAR 52.223-14
Drug-Free Workplace (5-01)
Ozone-Depleting Substances (5-01)
Refrigeration Equipment and Air
Conditioners (5-95)
Certification of Toxic Chemical Release Reporting
(8-03)
Toxic Chemical Release Reporting (8-03)
GENERAL
FAR 52.202-1
Definitions (7-04) Alt 1(5-01)
INSPECTION
FAR 52.246-12
GSAM 552.246-72
Inspection of Construction (8-96)
Final Inspection and Tests (9-99)
OPTION
PRICING
ADJUSTMENTS
FAR 52.222-30
Davis-Bacon Act – Price Adjustment (None or
Separately Specified Pricing Method) (12-01)
Davis-Bacon Act – Price Adjustment (Percentage Method) (12-01)
Davis-Bacon Act – Price Adjustment (Actual
Method) (12-01)
FAR 52.223-13
FAR 52.222-31
FAR 52.222-32
PATENTS, DATA,
AND COPYRIGHTS
FAR 52.227-1
FAR 52.227-2
FAR 52.227-4
PAYMENT
FAR 52.232-5
FAR 52.232-27
FAR 52.243-6
PERFORMANCE
CATEGORY
FAR 52.211-10
REFERENCE
Authorization and Consent (7-95)
Notice and Assistance Regarding Patent and
Copyright Infringement (8-96)
Patent Indemnity - Construction Contracts (4-84)
Payments under FixedPrice Construction Contracts (9-02)
Prompt Payment for Construction Contracts (9-05)
Change Order Accounting (4-84)
Commencement, Prosecution, and Completion of Work
(4-84)
CLAUSE NO. AND TITLE
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FAR 52.211-12
FAR 52.211-13
FAR 52.236-26
FAR 52.236-28
Liquidated Damages – Construction (9-00)
Time Extensions (9-00)
Pre-Construction Conference (2-95)
Preparation of Proposals-Construction (10-97)
FAR 52.236-5
FAR 52.236-6
FAR 52.236-7
GSAM 552.236-79
FAR 52.236-17
FAR 52.236-14
GSAM 552.236-75
FAR 52.236-10
GSAM 552.236-80
GSAM 552.236-74
FAR 52.236-9
Material and Workmanship (4-84)
Superintendence by the Contractor (4-84)
Permits and Responsibilities (11-91)
Samples (4-84)
Layout of Work (4-84)
Availability and Use of Utility Services (4-84)
Use of Premises (4-84)
Operations and Storage Areas (4-84)
Heat (4-84)
Working Hours (4-84)
Protection of Existing Vegetation,
Structures, Equipment, Utilities,
and Improvements(4-84)
Accident Prevention (11-91) -orAccident Prevention (11-91)(AIt I)
(11-91)(Projects over 1 year in
duration or involving hazardous
materials)
Cleaning Up (4-84)
Approval of Wage Rates (2-88)
Labor Standards for Construction Work-Facilities
Contracts (2-88)
FAR 52.236-13
FAR 52.236-12
FAR 52.222-16
FAR 52.222-17
PROTESTS
FAR 52.233-2
FAR 52.233-3
Service of Protest (8-96)
Protest after Award (8-96)
SCHEDULES
FAR 52.236-15
Schedules for Construction Contracts (4-84)
SITE
CONDITIONS
FAR 52.236-2
FAR 52.236-3
Differing Site Condition’s (4-84)
Site Investigations and Conditions Affecting the
Work (4-84)
Measurements (4-84)
GSAM 552.236-76
SPECIFICATIONS
AND DRAWINGS
FAR 52.236-21
GSAM 552.236-77
GSAM 552.236-78
STANDARDS OF CONDUCT
FAR 52.203-5
FAR 52.203-7
FAR 52.203.8
FAR 52.203-12
STOP WORK/
TERMINATION
FAR 52.242-14
GSAM 552.211-84
Specifications and Drawings for
Construction (2-97)
Specifications and Drawings (9-99)
Shop Drawings Coordination Drawings,
and Schedules(9-99)
Covenant Against Contingent Fees (4-84)
Anti-Kickback Procedures (7-95)
Cancellation, Rescission, and Recovery of Funds for
Illegal or Improper Activity (1-97)
Limitation on Payments to
Influence Certain Federal Transactions (9-05)
FAR 52.249-10
Suspension of Work (4-84)
Non-compliance with
Contract Requirements (2-96)
Termination for Convenience of the Government
(Fixed-Price)(5-04)(Alt I)(9-96)
Default (Fixed-Price-Construction)(4-84)
CATEGORY
REFERENCE
CLAUSE NO. AND TITLE
SUBCONTRACTING
FAR 52.209-6
Protecting the Government's Interest when
FAR 52.249-2
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FAR 52.244-2
FAR 52.244-6
Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment(1-05)
Subcontracts (Fixed Price Contracts)(8-98)
Subcontracts for Commercial Items (12-04)
TAXES
FAR 52.229-3
Federal, State, and Local Taxes (4-03)
USE AND
FAR 52.236-11
Use and Possession Prior to Completion (4-84)
POSSESSION
GSAM 552.236-81
Use of Equipment by the Government (4-84)
VALUE
ENGINEERING
FAR 52.248-3
Value Engineering Construction (2-00)(Alt I)(4-84)
WARRANTY AND
GUARANTEES
FAR 52.246-21
GSAM 552.246-75
Warranty of Construction (3-94)(Alt l)(4-84)
Guarantees (5-89)
NOTE: THE FOLLOWING CLAUSE IS INCORPORATED IN FULL TEXT BECAUSE IT CONTAINS APPROVED
DEVIATIONS TO FEDERAL ACQUISITION REGULATION (FAR) LANGUAGE OR IS OTHERWISE UNSUITABLE FOR
INCORPORATION BY REFERENCE (IBR).
52.244-6
SUBCONTRACTS FOR COMMERCIAL ITEMS (Mar 2007)
(a) Definitions. As used in this clause—
“Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.
“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or
subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to
incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.
(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts
that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier
subcontracts that offer subcontracting opportunities.
(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
Veterans (Sept 2006) (38 U.S.C. 4212(a));
(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).
(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)
(E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39).
(vi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241
and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64).
(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of
additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under
this contract.
LABOR STANDARDS (CONSTRUCTION CONTRACT)
(Applicable to Contracts in Excess of $2,000)
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52.222-4
CONTRACT WORK HOURS AND SAFETY STANDARD ACT – OVERTIME
COMPENSATION
(JULY 2005)
(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal Acquisition
Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and
1/2 times the basic rate of pay for each hour worked over 40 hours.
(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are liable for
unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are
liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the
rate of $10 per affected employee for each calendar day on which the employer required or permitted the employee to
work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work
Hours and Safety Standards Act.
(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due under
the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated
damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the
Contracting Officer will withhold payments from other Federal or federally assisted contracts held by the same Contractor
that are subject to the Contract Work Hours and Safety Standards Act.
(d) Payrolls and basic records.
(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and
mechanics working on the contract during the contract and shall make them available to the Government until 3 years
after contract completion. The records shall contain the name and address of each employee, social security number,
labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual
wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at
29 CFR 5.5(a)(3) implementing the Davis-Bacon Act.
(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the
Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The
Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor
to interview employees in the workplace during working hours.
(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in
subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include
these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by any
subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.
52.222-6
DAVIS-BACON ACT (JULY 2005)
(a) Definition.—“Site of the work”—
(1) Means—
(i) The primary site of the work. The physical place or places where the construction called for in the contract will
remain when work on it is completed; and
(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is
constructed, provided that such site is—
(A) Located in the United States; and
(B) Established specifically for the performance of the contract or project;
(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch
plants, borrow pits, job headquarters, tool yards, etc., provided—
(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and
(ii) They are adjacent or virtually adjacent to the “primary site of the work” as defined in paragraph (a)(1)(i), or the
“secondary site of the work” as defined in paragraph (a)(1)(ii) of this definition;
(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a
Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a
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particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards,
etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of
bids and not on the Project site, are not included in the “site of the work.” Such permanent, previously established facilities
are not a part of the “site of the work” even if the operations for a period of time may be dedicated exclusively or nearly so,
to the performance of a contract.
(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or
as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged
to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary
site of the work shall be effective from the first day on which work under the contract was performed at that site and shall
be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction
Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site
of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the
primary site of the work.
(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the
Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to
the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such period.
(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the
wage determination for the classification of work actually performed, without regard to skill, except as provided in the
clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein; provided that the employer’s
payroll records accurately set forth the time spent in each classification in which work is performed.
(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c)
of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its
subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible
place where it can be easily seen by the workers.
(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance with the wage
determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor
only when all the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage
determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated
for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the
Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30day period that additional time is necessary.
(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their
representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the
views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and
Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within
30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that
additional time is necessary.
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(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3)
of this clause shall be paid to all workers performing work in the classification under this contract from the first day on
which work is performed in the classification.
(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that
the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set
aside in a separate account assets for the meeting of obligations under the plan or program.
52.222-7
WITHHOLDING OF FUNDS (FEB 1988)
The Contracting Officer shall. upon his or her own action or upon written request of an authorized representative of
the Department of Labor. withhold or cause to be withheld from the Contractor under this contract or any other
Federal contract with the same Prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics. including apprentices, trainees, and
helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract In the
event of failure to pay any laborer or mechanic, including an apprentice, trainee, or helper, employed or working on
the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written
notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
52.222-8
PAYROLLS AND BASIC RECORDS (FEB 1988)
(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work
and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such
records shall contain the name, address and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and
weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has
found, under paragraph (d) of the clause entitled Davis Bacon Act, that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in
section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs
and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(b) (1)The Contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under paragraphs (a) of this clause This information may be submitted in any
form desired. Optional Form WH-347 (Federal Stock Number 02~ 005~O14-1) is available for this purpose and may
be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.
The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract
and shall certify (i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of
this clause and that such information is correct and complete;
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(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in the Regulations, 29 CFR Part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as s-led in the applicable wage determination
incorporated into the contract
(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH347 shall satisfy the requirement for submission of the "Statement of Compliance required by subparagraph (b)(2)
of this clause.
(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or
criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.
(c) The Contractor Or subcontractor shall make the records required under paragraph (a) of this clause available
for inspection, copying, or transcription by the Contracting Officer or authored representatives of the Contracting
Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or
representatives of the Contracting Officer or the Department of Labor to interview employees during working hours
on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the
Contracting Officer may after written notice to the Contractor, take such action as may be necessary to cause the
suspension of any further payment Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
52.222-9
APPRENTICES AND TRAINEES – (JULY 2005)
(a) Apprentices.
(1) An apprentice will be permitted to work at less than the predetermined rate for the work performed when
employed—
(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor
Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or
(ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even
though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice.
(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the Contractor as to the entire work force under the registered program.
(3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
in paragraph (a)(1) of this clause, shall be paid not less than the applicable wage determination for the classification of
work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under
the registered program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed.
(4) Where a Contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the
Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination.
(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails
for the applicable apprentice classification, fringes shall be paid in accordance with that determination.
(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an
apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(b) Trainees.
(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and individually registered in a program which has received
prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
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Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by OATELS.
(2) Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of
progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination
unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated
with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training
plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for
the work actually performed.
(3) In the event OATELS withdraws approval of a training program, the Contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(c) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR
Part 30.
FAR 52.222-10 - COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in
this contract.
52.222-11
SUBCONTRACTS (LABOR STANDARDS) – (JULY 2005)
(a) Definition. “Construction, alteration or repair,” as used in this clause, means all types of work done by laborers and
mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the
site thereof, including without limitation—
(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;
(2) Painting and decorating;
(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work;
(4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i)
and (ii) of the “site of the work” as defined in the FAR clause at 52.222-6, Davis-Bacon Act of this contract, and a facility
which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning
of paragraph (2) of the “site of work” definition; and
(5) Transportation of portions of the building or work between a secondary site where a significant portion of the
building or work is constructed, which is part of the “site of the work” definition in paragraph (a)(1)(ii) of the FAR clause at
52.222-6, Davis-Bacon Act, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of
the FAR clause at 52.222-6, in the “site of the work” definition).
(b) The Contractor shall insert in any subcontracts for construction, alterations and repairs within the United States the
clauses entitled—
(1) Davis-Bacon Act;
(2) Contract Work Hours and Safety Standards Act—Overtime Compensation (if the clause is included in this
contract);
(3) Apprentices and Trainees;
(4) Payrolls and Basic Records;
(5) Compliance with Copeland Act Requirements;
(6) Withholding of Funds;
(7) Subcontracts (Labor Standards);
(8) Contract Termination—Debarment;
(9) Disputes Concerning Labor Standards;
(10) Compliance with Davis-Bacon and Related Act Regulations; and
(11) Certification of Eligibility.
(c) The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing
construction within the United States with all the contract clauses cited in paragraph (b).
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(d)(1) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed
Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United
States, including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of this
clause have been included in the subcontract.
(2) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the
Contracting Officer an updated completed SF 1413 for such additional subcontract.
(e) The Contractor shall insert the substance of this clause, including this paragraph (e) in all subcontracts for construction
within the United States.
52.222-12
CONTRACT TERMINATION - DEBARMENT (FEB 1988)
A breach of the contract clauses entitled Davis-Bacon Act, Contract Work Hours and Safely Standards Act Overtime Compensation, Apprentices and Trainees,, Payrolls and Basic Records, Compliance with Copeland Act
Requirements, Subcontracts (Labor Standards), Compliance With Davis-Bacon and Related Act Regulations, or
Certification of Eligibility may be grounds for termination of the contract, and for Debarment as a Contractor and
subcontractor as provided in 29 CFR 5.12.
52.222-13
COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3, and 5 are hereby
incorporated by reference in this contract
52.222-14
DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
The United States Department of Labor has set forth in 29 CFR Parts 5,6, and 7 procedures for resolving disputes
concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures
and not the Disputes clause of this contract Disputes within the meaning of this clause include disputes between the
Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
52.222-15
CERTIFICATION OF ELIGIBILITY (FEB 1988)
(a) By entering Into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who
has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue
of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.1 2(a)(1).
(c) The penalty for making false statements is prescribed in the U.S. Criminal Code 18 U.S. C. 1001.