Loren Data's SAM Daily™

FBO DAILY ISSUE OF SEPTEMBER 05, 2008 FBO #2475
SOLICITATION NOTICE

M -- PART II OF CHANGES TO SOLICITATION # CC-DRTO001-08

Notice Date

9/3/2008
 

Notice Type

Modification/Amendment
 

Contracting Office

SER - National Park Service Contracting & Property Mgt.100 Alabama St., SW Atlanta GA 30303
 

ZIP Code

30303
 

Solicitation Number

CC-DRTO001-08
 

Response Due

10/3/2008
 

Archive Date

9/3/2009
 

Point of Contact

Cherrie Brice Concessions Mgt. Specialist 4045623108654 cherrie_brice@nps.gov;<br />
 

Small Business Set-Aside

N/A
 

Description

Offerors may download the following Notice Regarding Changes to Solicitation # CC-DRTO001-08 from the NPS website: http://www.concessions.nps.gov/Prospectus.cfm. NOTICE REGARDING CHANGES TO SOLICITATION # CC-DRTO001-08 The National Park Service (NPS) is amending Solicitation # CC-DRTO001-08 (Prospectus), as of this date, September 3, 2008, and as more specifically described in "DRTO008-01 Errata No. 2", Attachment "A" hereto. The revised Prospectus extends the due date for the receipt of proposals until the close of business on October 3, 2008 (30 days after the date of this Notice). Within three business days after issuance of this Notice, the NPS will return proposals unopened to those offerors previously submitting Proposal Packages in response to the Prospectus. All proposals, including any supplement to or revision of a previously submitted Proposal Package, should be submitted in accordance with this Notice along with a transmittal letter dated after the date of this Notice. The revised Prospectus requires the concessioner to comply with the terms of the Service Contract Act, 41 U.S.C. 351 et seq. The applicable wage determinations (WD 94-0196 and WD 05-2119) are provided at the end of Exhibit H which is being added to the Draft Contract. ATTACHMENT "A" to August __, 2008 NOTICE REGARDINGCHANGES TO SOLICITATION # CC-DRTO001-08 DRTO001-08 Errata No. 2 The following corrections and modifications are hereby made to the Prospectus issued forSolicitation CC-DRTO001-08: A Business Opportunity for Round Trip Passenger Ferry Service between Key West, Florida, and Dry Tortugas National Park and Other Specified Services. 1. Front Page of Prospectus: The proposal due date shown on the front page of the Prospectus is revised to read as follows: "October 3, 2008". 2.Business Opportunity section: Under the "Expenses" heading on page 27, add the following sentence: "The Concessioner will be required to comply with the terms of the Service Contract Act, 41 U.S.C. 351 et seq. under the Contract." 3.Section 4. Concessioner Personnel: Section 4(b) of the Draft Contract is revised by deleting the existing text and replacing it with the following sentence: "The Concessioner shall comply with the terms of the Service Contract Act, 41 U.S.C. 351 et seq., as set forth in Exhibit H, and with all Applicable Laws relating to employment and employment conditions including, without limitation, those set forth in Exhibit B." 4.Section 5. Legal, Regulatory, and Policy Compliance Section 5(a) of the Draft Contract is revised by adding the following sentence at the end of the paragraph: "The Concessioner shall comply with the terms of the Service Contract Act, 41 U.S.C. 351 et seq., as set forth in Exhibit H. 5. Exhibit H: Requirements Related to the Service Contract Act: The Draft Contract is revised by adding Exhibit H to the list of exhibits on page 21 and inserting Exhibit H at the end of the Draft Contract. Exhibit H is shown on the following eight pages of this Errata No. 2. EXHIBIT H REQUIREMENTS RELATED TO THE SERVICE CONTRACT ACT OF 1965 (a) Service Contract Act of 1965, as amended: This contract is subject to the Service Contract Act of 1965, 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 thereunder (29 CFR part 4).(b)(1) Each service employee employed in the performance of this contract by the concessioner, or any contractor or 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.(2)(i) If there is such a wage determination attached to this contract, 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 (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. 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.(ii) Such conforming procedure shall be initiated by the contractor prior to the performance of contract 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 work. The contracting officer shall review the proposed action and promptly 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 within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary.(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly 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.(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula. 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 rate(s) 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 contract modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a contract 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 conformed classification by indexing (i.e., adjusting) 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 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 work by the unlisted class of employees, the contractor shall advise the contracting officer of the action taken but the other procedures in paragraph (b)(2)(ii) of this section need not be followed.(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.(v) The wage rate and fringe benefits finally determined pursuant to paragraphs (b)(2)(i) and (ii) of this section shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (vi) Upon discovery of failure to comply with paragraphs (b)(2)(i) through (v) of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced contract work.(3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this contract is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees shall be subject to adjustment after 1 year and not less often than once every 2 years, 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.(c) The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differential payments in cash in accordance with the applicable rules set forth in subpart D of 29 CFR part 4, and not otherwise.(d)(1) In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this contract shall pay any person performing work under the contract (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) 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 for the payment of a higher wage to any employee.(2) If this contract succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same 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 setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract 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 may be relieved of the foregoing obligation unless the limitations of 4.1b(b) of 29 CFR part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in 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 4.11 of 29 CFR part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor contract 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 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 applicable to service employees employed under the predecessor contract 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 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 or subcontract. 53 Comp. Gen. 401 (1973). In the case of a wage determnation 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.
 

Web Link

FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=a36515a0f64a071bd78626a5a2a88313&tab=core&_cview=1)
 

Place of Performance

Address: KEY WEST , FL<br />

Zip Code: 33034<br />
 

Record

SN01658035-W 20080905/080903222848-ee0dbe0a9cb41d1f3109671e89326316 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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