R708--VISN 10 Tele Town Halls - 11 VA Sites 36C25026Q0212

Page 10 of 10 This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued. The Government reserves the right to make no award from this solicitation. This is a request for quote (RFQ), and the solicitation number is 36C25026Q0212. The Government anticipates awarding a firm-fixed price Contract (Base Year plus 3 Option Years) resulting from this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circulars 2025-06, effective 10/01/2025. The associated NAICS Code is 541820, Public Relations Agencies. The Department of Veterans Affairs, Network Contracting Office 10, is soliciting quotes. This is a Service Disabled Veteran Owned Small Business Set Aside (SDVOSB) for the Veterans Integrated Service Networks (VISN) 10, that include the following Ohio, Indiana and Michigan Cities. Cleveland, Columbus, Chillicothe, Cincinnati, Dayton, Indianapolis, Northern Indiana, Battle Creek, Saginaw, Ann Arbor, and Detroit The requirement is to provide tele-town halls to connect with Veteran patients, gaining insight into patient needs and gathering feedback about patient experience. Respondents to this solicitation must fully demonstrate their capability by supplying detailed quote information, along with any other documents necessary to support the requirements below. All information shall be provided to Gina P. Crank, Contracting Officer, via email at gina.crank@va.gov, no later than January 20, 2026 by 5:00 PM EST. No telephone calls will be accepted. Offerors who do not submit all information may not be considered for award. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 10.00 MO $ $ Access Live - 20K Dials (1 Event) - 60 Minutes Dayton 0002 10.00 MO $ $ Access Live - 10K Dials (1 Event) - 60 Minutes Cleveland 0003 10.00 MO $ $ Access Live - 20K Dials (1 Event) - 60 Minutes Cincinnati 0004 10.00 MO $ $ Access Live - 20K Dials (1 Event) - 60 Minutes Columbus 0005 10.00 MO $ $ Access Live - 20K Dials (1 Event) - 60 Minutes Chillicothe 0006 10.00 MO $ $ Access Live - 20K Dials (1 Event) - 60 Minutes Indianapolis 0007 10.00 MO $ $ Access Live - 20K Dials (1 Event) - 60 Minutes Northern Indiana 0008 10.00 MO $ $ Access Live - 20K Dials (1 Event) - 60 Minutes Detroit 0009 10.00 MO $ $ Access Live - 20K Dials (1 Event) - 60 Minutes Ann Arbor 0010 10.00 MO $ $ Access Live - 20K Dials (1 Event) - 60 Minutes Saginaw 0011 10.00 MO $ $ Access Live - 20K Dials (1 Event) - 60 Minutes Battle Creek Base Year 03/01/2026 12/31/2026 $ Option Year One 01/01/2027 12/31/2027 $ Option Year Two 01/01/2028 - 12/31/2028 $ Option Year Three 01/01/2029 12/31/2029 $ STATEMENT OF WORK (SOW) below. Appendix C (Contract Security) is attached. Tele Town Hall VISN 10 General Requirements The purpose of this contract is to serve VISN 10 through the use of tele-town halls to connect with Veteran patients, gaining insight into patient needs and gathering feedback about patient experience. Medical Centers across VISN 10 will conduct a total of 102 virtual town halls over the course of a 12 month period. These medical centers are located in Cleveland, Columbus, Chillicothe, Cincinnati, Dayton, Indianapolis, Northern Indiana, Battle Creek, Saginaw, Ann Arbor, and Detroit. This will allow all of the Veterans across VISN 10 to have an opportunity to participate. Several laws and directives for VHA require that health care systems to provide regular opportunities for patients and community members to give feedback and interact with health care system employees (Comprehensive Addiction and Recovery Act (CARA) 2015, VHA Directive 0801). This has traditionally been accomplished with face to face town halls in communities throughout the catchment area. These town halls are resource intensive, require extensive planning and preparation, and often result in low attendance regardless of how many paid and unpaid advertising venues VA utilizes, resulting in the wording of the law being followed, but not its intent/spirit. Facilities across VISN 10 have successfully utilized live virtual tele-town halls for years, which dial participating veterans simultaneously and connect them to a live interactive tele-town hall experience. Tele-town hall events interact live with thousands of VA stakeholders, including patients, Veteran Service Officers, and VA staff, in minutes through a monthly town hall-style meeting conducted over the telephone and web, not to exceed ten times a year. Tele-town hall programs rapidly dial out to a list of phone numbers provided by the facilities across VISN 10. The targeted audience receives a personalized, pre-recorded message inviting them to remain on the line if they wish to be transferred automatically to the live Tele-Town Hall event. The C&A requirements do not apply, and a Security Accreditation Package is not required. Though this effort has seen great success at the local level for all of our facilities, the contracts were recently removed during DOGE review. It is our intention that a VISN-level contract would effectively address any/all DOGE concerns, as has been successfully achieved at other VISNs. The benefits of Tele-Town Hall services are many: Allows every Veteran who is connected to the call an opportunity to leave a message for the VA with any issues, questions, or feedback and the VA returns that call within 48 hours. Allows some Veterans the opportunity to ask questions live on the call, getting immediate responses from subject matter experts and providing that same information for the other callers on the line. Provides an opportunity for the health care system to give critical updates and program highlights to hundreds of Veterans at a time. There is no other platform in use that has the same reach and scope. Facilities can ask survey questions during the call to get real time feedback from Veterans and collect valuable information from the callers. For instance, press 1 if you use My HeathE Vet, press 2 if you have signed up and don t use it, and press 3 if you want more information and help getting signed up for My Health E Vet. Tele-Town Hall provides a report with the phone numbers of those who pushed 3 and the My HeathE Vet coordinator calls the patient to sign them up for the service. Veterans who have a difficult time traveling or ambulating have an opportunity to connect with VA leadership without leaving their home or place of residence. VA can connect with multiple demographics of Veterans, like OEF-OIF Veterans, Women Veterans, and recently separated from service veterans, among others, who are traditionally hard to connect with for a variety of reasons. Fiscal savings from travel, event space rental, and staff time providing town hall events for 11 sites of care (plus CBOCs) across three states.. Contractor shall provide: Customer service including call set up, operator assistance during the call, and reports from the call to use for follow-up and tracking. Events: Line Items 1: 102 events with 10,000 direct calls per event, including a pre-event call alerting the recipients of the upcoming teleconference event and a recorded call from the director initiating the event and connecting callers to the live teleconference. Though conducted primarily over the phone, each event will have an online option with closed captioning for those with hearing difficulties. Each event will also include two Call screeners provided by the contractor, in addition to any from facility staff. Dashboard for call screeners, speakers, and collectors to manage the call during the event, including chat windows to keep staff connected, a speaker queue for the call coordinator to see that indicates who is waiting to speak on the line, and a rating system to indicate to the coordinator which calls should be taken in what order. Call scripts, control sheets, and pre-call training to assist the coordinator with full preparation for the teleconference event. Voicemail recordings of callers who opted to leave a message. Full call event reports, including survey question responses, call volume, call participant duration, speaker queue reports, and more. Evaluation of Quotes: The Government will select the quote that represents the best benefit to the Government at a price that can be determined reasonable. The Government will evaluate the following: Technical Capability/Customer Service, Past Performance, and Price. Following receipt of quotes, the Government will perform a comparative evaluation of the products/services quoted. The Government will compare quotes to one another to select the product/service that best benefits the Government by fulfilling the requirement. - The VA will compare quotes against each other in an impartial and simplified manner. - The VA may ask questions to one or more submitters but is not obligated to do so. - The VA may reject all quotes. - The contracting officer and VA users may use any means available to examine past performance, such as contractor reliability and reputation and suitability of the product or service to meet the VA s need. - VA may discuss price or price discounts with the one or more submitters before awarding an order or rejecting all quotes. - The VA will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). The evaluation of VA requirements outlined in this request for quote will determine suitability. REQUIRED DOCUMENTATION Technical Capability/Customer Service -The offeror must provide sufficient documentation to allow for validation of the requirements listed in the Statement of Work. -The offeror must provide a timeline for phase-in, delivery, installation of proposed equipment, and training of end users. Past Performance -The offeror is to provide a list of no more than three (3) Federal, State, and local government contracts or private contracts of similar type, scope, size, and complexity that are ongoing, or have been completed within the past 3 years. Price Total quote price shall be inclusive of all options. SUBMISSION OF OFFERS All information shall be provided to Gina P. Crank, Contracting Officer, via email at gina.crank@va.gov, no later than January 20, 2026 by 5:00 PM EST. No telephone calls will be accepted. Offerors who do not submit all information may not be considered for award. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). The 11 Federal Holidays observed by the Federal Government are: New Year s Day January 1 Martin Luther King s Birthday 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth Day June 19 Independence Day July 4 Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25th The President of the United States of America may declare additional days as a Federal holiday, and if so, this holiday will automatically be added to the list above. When a holiday falls on a Sunday, the following Monday shall be observed as a Federal holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday. The following solicitation provisions apply to this acquisition: FAR 52.212-1, INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS (SEP 2023) FAR 52.212-3, OFFERORS REPRESENTATIONS AND CERTIFICATIONS COMMERCIAL ITEMS (OCT 2025) Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS (NOV 2023) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract: FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020) FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2023) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) - - Hand-Carried Address: Department of Veterans Affairs, Network Contracting Office 10, 2780 Airport Drive, Suite 340, Columbus, OH 43219 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) VAAR 852,233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (SEP 2018) VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018) VAAR 852.246-71 REJECTED GOODS (OCT 2018) VAAR 852.247-71 DELIVERY LOCATION (OCT 2018) Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. Point of Contact Gina P. Crank Contracting Officer, Network Contract Office (NCO) 10 Email: gina.crank@va.gov

**NAICS 541820 - Public Relations Agencies is incorrect. The correct NAICS is 517810 All Other Telecommunications. **Product and Service Code R708 Support Management: Public Relations is incorrect. The correct Product and Service Code is R426 with wage determination for the prevailing DOL wages and fringe benefits for service employees in telecommunications contracts for local county and state. **Access Live 10K Dials (1 Event) that is listed for CLIN 002 is incorrect. The correct number of Dials for CLIN 0002 is 20K Dials. **The Performance (POP) dates are listed incorrectly. The correct Period of Performance dates are as follows: Base Year 03/01/2026 02/28/2027 $ Option Year One 03/01/2027 02/29/2028 $ Option Year Two 03/01/2028 - 02/28/2029 $ Option Year Three 03/01/2029 02/28/2030 $ **The Statement of Work (SOW) listed is deleted in its entirety. The SOW is replaced with the following Performance Work Statement (PWS). PERFORMANCE WORK STATEMENT (PWS) Veteran Townhall Telecommunications for Veterans Integrated Service Networks (VISN) 10, that include the following Ohio, Indiana and Michigan Cities. Cleveland, Columbus, Chillicothe, Cincinnati, Dayton, Indianapolis, Northern Indiana, Battle Creek, Saginaw, Ann Arbor, and Detroit VA Medical Centers (hereinafter called 11 VA Sites). Section 1: General Information 1.1 GENERAL. This is a non-personnel services contract in which the contractor shall provide Veteran Town Hall Telecommunications Notifications for the 11 VA Sites. The government shall not exercise any supervision or control over the contract service providers performing the services herein. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to provide services as established in this Performance Work Statement (PWS). 1.2 SCOPE SUMMARY: The contractor shall provide the 11 VA Sites Community and Public Relations Service (CPRS) located in Ohio, Indiana, and Michigan the capability to provide Veteran Town Hall Telecommunications Robocall Notifications to all government provided phone numbers. These communications are targeted for the purposes of hosting Veteran Telephone Townhall events and providing important information. The contractor shall utilize telephone technology to provide a service which shall have the capability of dialing out to thousands of pre-determined Veterans phone numbers simultaneously as specified herein. REQUIREMENT #1: The contractor shall provide several services for Veteran Telephone Townhall events. Firstly, the contractor shall call all Veteran participants on the telephone call list provided by the government prior to the event which will otherwise be known for this requirement as pre-event robocalls. For these pre-event calls, the contractor shall provide pre-recorded robocalls to all participants requested by the government Project Manager (PM) prior to each event to advertise the event and provide event date-time information. Furthermore, the vendor shall have capability to record a message of up to sixty (60) seconds in duration which will be written and voiced by each facilities designated staff member. This sixty (60) second message shall be played during the pre-event calls and must be adaptable for both live answered calls and voicemail answered calls. The contractor shall utilize the phone number lists provided by each Veterans Health Administration (VHA) facility to call up to 20,000 participate phone numbers simultaneously. For the main event, the contractor shall ensure that Veteran participants are granted access to an audio of the Veteran Townhall event by telephone scheduled for no longer than sixty (60) minutes. Moreover, the contractor shall provide a minimum of two (2) screeners to collect questions before they are asked during the town halls. In addition, the contractor shall have the capability during the Veteran Telephone Townhalls main event calls to listen in on the live call, ask questions to screeners, talk live to VHA facility panel of experts, and participate in poll questions. The Veteran Telephone Townhall main event shall begin and end at the specific times designated by the VHA facility leadership. Please note that these may occur up to the not-to-exceed quantity of up to ten (10) per year as specified in the PRICE/COST SCHEDULE. In addition, the contractor shall provide post-event reports for each Veteran Telephone Townhall event via secure website platform accessible to government requiring office or by encrypted email to government program manager. Finally, the contractor shall submit one (1) invoice in the arrears upon completion of services for each completed Veteran Townhall Event within two (2) weeks of rendering services. Performance Requirements Summary. The performance requirements are the thresholds of minimum acceptable levels of service critical to successful performance of this contract which are summarized as follows: PERFORMANCE REQUIREMENTS SUMMARY Performance Objectives Performance Standard Acceptable Quality Level (AQL) Method of Monitoring 1) Performance Metric VETERAN TOWNHALL TELECOMMUNICATIONS (1 TO 20K PHONE CALLS) Vendor shall all TOWNHALL TELEPHONE COMMUNICATIONS for 1 to 20,000 participants Vendor shall have capability to record voice message of up to sixty (60) seconds. Vendor shall transmit reminder calls up to 60 second with pre-recorded message. Vendor shall call each participant for up to 60 minutes in length. Vendor shall have minimum two (2) call screeners. Vendor shall provide polling ability during calls for all telephone townhall participants. Vendor shall comply with all other requirements for Veteran townhall telecommunications in accordance with the PRICE/COST SCHEDULE, the PWS and the overall terms and conditions established in the contract. 100% Compliance The PM or government representative designated in writing by the CO will conduct random checks to ensure compliance with this performance standard. 2) Performance Metric Data Security Vendor shall ensure the response data for VETERAN TELE-TOWNHALL participants is deliverable and accessible by VHA via HTTPS or FTPS protocol and allows for secure movement of collected data from VENDOR to VHA following FIPS 140.2 Compliance as required for data exchange when exchanging information defined as Protected Health Information (PHI) or Personally Identifiable Information (PII). 100% Compliance The PM or government representative designated in writing by the CO will conduct random checks to ensure compliance with this performance standard. 3) Performance Metric Post Event Reporting for TOWNHALLS and The vendor shall provide post-event reports via secure website platform accessible to USG requiring office and by encrypted email to USG PM. The following metrics 98% On-time Rate The PM or government representative designated in writing by the CO will conduct random checks to ensure 4) Performance Metric Planning and Implementation The contractor shall provide remote live or online training sessions for VA Employees; training may be recorded; any system upgrades. Vendor shall provide training sessions free of charge; assist managers in creating user manuals; create pulse campaigns; technical support online and via phone. 98% Compliance The PM or government representative designated in writing by the CO will conduct random checks to ensure compliance with this performance standard. 5) Performance Metric Invoicing Accuracy, Timeliness and Billing Errors The contractor shall submit invoices in a timely manner for work performed monthly in the arrears not later than two (2) weeks after performance in accordance with the PRICE/COST SCHEDULE, the PWS and the overall terms and conditions established in the contract. 98% On-time Rate The PM or government representative designated in writing by the CO will conduct random checks to ensure compliance with this performance standard. 6) Performance Metric Compliance with English Language Requirement The contractor shall ensure that all employees are fully proficient in the English language at a level sufficient to seamlessly perform all services required in accordance with the terms and conditions of this contract. 100% Compliance The PM or government representative designated in writing by the CO will conduct random checks to ensure compliance with this performance standard. 7) Performance Metric Compliance with VAAR 852.219-73 VA Notice of Total Set-Aside for Certified Service-Disabled Veteran-owned Small Businesses The contractor shall submit confirmation of compliance with the VAAR 852.219-73 (See and Certify )sign & date below). 100% Compliance The Contracting Officer (CO) will conduct random compliance checks with the contractor as necessary. 8) Performance Metric Compliance with DOL Wage Determination Labor Rate Requirement The contractor shall submit confirmation of compliance with the current Department of Labor (DOL) wage determination (WD) hourly rate if requested by the Contracting Officer (CO) in writing within four (4) hours of request which may include an itemized list of the hourly rate being paid for all employees performing services under this contract. 100% Compliance The Contracting Officer (CO) will conduct random compliance checks with the contractor as necessary. NOTE: The performance of these requirements by contractor will be documented by the government in the CPARS system based on the contractor s ability to comply with the terms and conditions established in the contract. **FAR 52.222-41 Service Contract Labor Standards was omitted. FAR 52.222-41 Service Contract Labor Standards is now included. FAR 52.222-41 Service Contract Labor Standards (Aug 2018) (a) Definitions. As used in this clause Contractor, when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the term "Government Prime Contractor." Service employee means any person engaged in the performance of this contract other than any person employed in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor and such persons. (b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C. chapter 67, Service Contract Labor Standards, and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4. (c) Compensation. (1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract. (2) (i) If a wage determination is attached to this contract, the Contractor shall classify 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) 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 paragraph (c). (ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division, U.S. Department of Labor. 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 paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the 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 subdivision (c)(2)(ii) of this clause 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 of1938, as amended. (v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause 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 the 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 Service Contract Labor Standards statute and this contract. (vi) Upon discovery of failure to comply with paragraph (c)(2) of this clause, 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 or classes of employees commenced contract work. (3) Adjustment of compensation. If 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 under this contract shall be subject to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage and Hour Division. (d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in accordance with Subpart D of 29 CFR Part 4. (e) Minimum wage. 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 this contract (regardless of whether the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee. (f) Successor contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute 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 agreement, 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 29 CFR 4.1 b(b) apply or unless the Secretary of Labor or the Secretary s authorized representative finds, after a hearing as provided in 29 CFR 4.10 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 29 CFR 4.11, 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 Parts6 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 determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision. (g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the work site. Failure to comply with this requirement is a violation of 41 U.S.C. 6703 and of this contract. (h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. (i) Records. (1) The Contractor and each subcontractor performing work subject to the Service Contract Labor Standards statute shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, a record of the following: (i) For each employee subject to the Service Contract Labor Standards statute- (A) Name and address and social security number; (B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation; (C) Daily and weekly hours worked by each employee; and (D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement. (iii) Any list of the predecessor Contractor s employees which had been furnished to the Contractor as prescribed by paragraph (n) of this clause. (2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases. (4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the work site during normal working hours. (j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the Service Contract Labor Standards statute all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this statute may not be of any duration longer than semi-monthly. (k) Withholding of payments and termination of contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the Service Contract Labor Standards statute all or part of the wages or fringe benefits due under the Service Contract Labor Standards statute, the Contracting Officer may, after authorization or by direction of the Department of Labor and written notification to the Contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the Contractor in default with any additional cost. (l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Service Contract Labor Standards statute. (m) Collective bargaining agreements applicable to service employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government Prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting Officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof. (n) Seniority list. Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor s or subcontractor s payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract. (o) Rulings and interpretations. Rulings and interpretations of the Service Contract Labor Standards statute are contained in Regulations, 29 CFR Part 4. (p) Contractor s certification. (1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it nor any person or firm who has a substantial interest in the Contractor s firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under 41 U.S.C. 6706. (2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract under 41 U.S.C. 6706. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (q) Variations, tolerances, and exemptions involving employment. Notwithstanding any of the provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to 41 U.S.C. 6707 prior to its amendment by Pub.L.92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by 41 U.S.C. 6703(1) without diminishing any fringe benefits or cash payments in lieu thereof required under 41 U.S.C. 6703(2), in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, persons with disabilities, and disabled clients of work centers under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525). (2) The Administrator will issue certificates under the statute for the employment of apprentices, student-learners, persons with disabilities, or disabled clients of work centers not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two statutes, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525). (3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29 CFR parts 525 and 528. (r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman s rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. (s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by 41 U.S.C. 6703(1), in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January 1,1981....