SUBPART 1-2, 4 OPENING OF BIDS AND AWARD 1-2.407-8(a)(3) tain from such concern a written statement that it will perform, or cause to be performed, the contract in accordance with the circumstances justifying the priority. § 1-2.407-7 Statement and certificate of award. (a) In connection with each contract made by formal advertising, the contracting officer shall include in the contract file evidence of compliance with § 1-2.103. Where required by agency procedures pursuant to General Accounting Office regulations, Standard Form 1036 (Statement and Certificate of Award) shall be used for this purpose. Where the preparation of Standard Form 1036 is not required, information of a similar nature (hereinafter referred to as the certificate) shall be filed with the General Accounting Office copy of the contract. (b) The certificate shall either state that the accepted bid was the lowest bid received, or list all lower bids and set forth reasons for their rejection. These reasons shall be set forth in such detail as is necessary to justify the award. For the purpose of this certificate, the lowest bid received is considered to be that bid which is lowest after a consideration of price factors only. The cost of transportation to the destination indicated in the invitation for bids, any acceptable discount offered by a bidder, and if the invitation so specifies any other Government cost factor, shall be considered price factors in determining the lowest bidder for purposes of this certificate. In each case where an award is made after receipt of equal low bids, the certificate shall set forth the manner in which the tie was broken. Where an award involves a mistake in bid and the matter has been resolved by administrative action, a copy of the bidder's verification in the case of an apparent mistake, or the written administrative determination concerned, shall be attached to the certificate. Where an award involves a mistake in bid on which the Comptroller General has rendered a decision, the certificate shall contain a citation by number and date of the decision and a copy thereof shall be attached to the certificate. (1) Contracting officers shall con sider all protests or objections regarding the award of a contract, whether submitted before or after award. If the protest is oral and the matter cannot otherwise be resolved, written confirmation of the protest shall be requested. The protester shall be notified in writing of the final decision on the written protest (see § 1-1.703-2 for protests regarding small business status). An interested party wishing to protest to the Comptroller General of the United States against an award of a contract should do so in accordance with General Accounting Office Regulations (4 CFR Part 20). (2) Where a protest, before or after award, has been lodged with the General Accounting Office (GAO) and the contracting agency is requested to submit a report, such report should include: (i) A copy of the protest; (ii) A copy of the bid submitted by the protesting bidder and a copy of the bid of the bidder who is being considered for award, or whose bid is being protested; (iii) A copy of the invitation for bids, including the specifications or portions thereof, relevant to the protest; (iv) A copy of the abstract of bids or relevant portions thereof; (v) Any other documents which are relevant to the protest; and (vi) A statement setting forth findings, actions, and recommendations in the matter together with any additional evidence or information deemed necessary in determining the validity of the protest. The statement shall be fully responsive to the allegations of the protest. If the award was made after receipt of the protest, the report will include the determination required in § 1-2.407-8 (b) (4). (3) In appropriate cases, other persons, including bidders, involved in or affected by the protest shall be given notice of the protest and the basis therefor. They shall also be advised that, if they wish, they may submit their views and relevant information on the protest to the contracting officer within a speci า J FEDERAL PROCUREMENT REGULATIONS (SECOND EDITION, FPR AMENDMENT 68, JANUARY 1970) 101 225 DATE: REPLY TO SUBJECT: UNITED STATES OF AMERICA GENERAL SERVICES ADMINISTRATION EXHIBIT 28 In the performance of the above-referenced contract, you are required to comply with the labor standards provisions set forth in Standard Form 19-A forming a part of your contract and to insure compliance therewith by any and all subcontractors performing work on this project. As provided by the Subcontracts clause of Standard Form 19-A the labor standards provisions must be inserted in all subcontracts, regardless of tier. Certain procedures and forms as indicated below have been developed for the purpose of implementing compliance with and administration of these provisions. 1. Labor classifications. The Davis-Bacon act (40 U. S. C.-276a-a (7)) requires that all laborers and mechanics engaged in the performance of this contract be paid the minimum wages, including fringe benefits, as determined by the Secretary of Labor and included in the contract. If it is necessary to employ any class of laborers or mechanics not listed in the contract, you should submit the proposed classification or reclassification and rate to this office for approval. Enclosed GSA-Form 2428, Request for Authorization of Additional Classification (s), Rate (s) and Fringe Benefit (s), shall be used for this purpose. The form should be accompanied by information to indicate that the rate proposed to be paid for the class of work was not less than the prevailing rate in the area ten days before bid opening. All approved additional classifications and rates will be reported to the Department of Labor. If a mutual agreement is not reached as to the correct classification and rate, the question will be submitted to the Department of Labor for a final determination. 2. Posting wage rates and related information. Also enclosed are copies of the Notice to Employees Working on Federal or federally financed Construction Projects, WH Publication 1321, which you are required to post with the contract wage determination, in one or more prominent locations at the job-site where they can easily be seen by all laborers and mechanics, on the first day of work. They shall remain posted and in legible condition for the duration of the contract work. Any additional classifications and rates approved after issuance of the original decision shall be similarly posted. 3. Fringe Benefits. The contract wage decision may provide that fringe benefits be paid to various crafts. You may fulfill your obligation with respect to this requirement by paying the required amounts to a third party (or trustee) irrevocably and pursuant to an established fund, plan, or program. In the event you are not a participant in an approved fringe benefit plan, direct cash payments shall be made to employees in the amounts equal to the prescribed benefits. 4. Contract Work Hours and Safety Standards Act. This Act requires that all laborers and mechanics (including watchmen and guards) must receive time and one-half their basic rate for all hours of work in excess of eight hours per day and in excess of forty hours per week, and it also provides that laborers and mechanics shall not be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to their health or safety. 5. Apprentices. The wage decision included in the contract specifications does not contain any apprentice classifications and corresponding wage rates. Prior to employing any apprentices on the project, written evidence must be submitted showing that your (or your subcontractors') apprentice program is registered with a State apprenticeship agency which is approved and recognized by the U. S. Bureau of Apprenticeship and Training, or in the absence of such a State agency, with the aforesaid U. S. Bureau. Also, you are required to submit evidence showing the allowable ratio of apprentices to journeymen, the registration of each apprentice under the approved program, and the proper wage rates to be paid such employees in the area of the project. 6. Summer Employees. The wage decision in your contract does not contain any special classifications and rates for summer employees. However, the Department of Labor permits the temporary summer employment of students GSA FORM 618-A (REV. 8-71) 2 at rates lower than the journeyman's rate pursuant to a bona fide Youth Opportunity Program. Prior to such employment, written data must be submitted to this office (for approval and submission to the Department of Labor) showing the proposed classifications and rates on GSA Form 2428, evidence of participation in a bona fide Youth Opportunity Program, and, where applicable, data showing that labor and management have agreed to this practice. 7. Payrolls. Laborers and mechanics must be paid on a weekly basis and you are required to submit to the Contracting Officer within seven (7) days after such payment, a copy of your weekly payroll. Each payroll shall contain the names of all laborers and mechanics who performed any work at the site, their classifications, hours worked each day, total hours each week, hourly rates of pay, fringe benefits, total gross pay, deductions from wages, and net amounts of wages actually received by the employees. Permanent home addresses of employees are to be furnished with the first payroll on which each employee's name appears. This may be accomplished by including the addresses on the payroll or by a separate listing attached to the payroll. Enclosed is a sample payroll form WH-347, which has been developed by the Department of Labor for contractors' optional use. When properly executed, this form will satisfy the requirements of the contract for submission of payroll data and statements of compliance. Instructions governing its use (WH-347 Inst.) are attached. A supply of this form may be purchased from the Government Printing Office for a nominal amount, or you may use the enclosed form as a guide when obtaining a supply by other means. You are responsible for the proper submission of payrolls for any and all subcontractors of any tier and for insuring that laborers and mechanics on the contract work are properly paid. Current regulations provide that the contractor preserve his payroll records for a period of three years from date of completion of the contract and make his employment records available for inspection by the authorized representatives of the General Services Administration and the Department of Labor at any time during the contract or the three years period. The Contractor is responsible for insuring that such records are maintained by all subcontractors and for making their records available for inspection during the three-year period. 8. Copeland (Anti-Kickback) Act. The Copeland Act requires a statement with respect to payment to “all persons employed", without kickback. This statement is intended to include supervisors. Unless payrolls are submitted on Form WH-347, or similar form containing the combined payroll data and statements with respect to wages paid, each weekly payroll must be accompanied by a separate Statement of Compliance. Sample copies of Form WH-348 are enclosed for this purpose. In executing the statement, that portion set aside for a description of permissible deductions must be completed by listing the types and amounts of deductions, unless this information is clearly shown on the face of the payroll, in which case the statement may be completed by inserting the following: "See Deductions column in the attached payroll, which is incorporated in and made a part of this statement". The Statement of Compliance should be identified with the same payroll number as the payroll to which it is attached. 9. Subcontracts. You are requested to submit to this office, within ten days, a statement containing the names and addresses of all subcontractors, with a description of the work to be performed by each, and to submit similar information within ten days after the award of any subsequent subcontract. A copy of this statement should be sent to the Construction Engineer. It is suggested that any subcontractor who has not previously performed GSA contract work for you be furnished a copy of this letter together with a set of the enclosed forms. 10. Statement when work is performed personally. Prime contractors and subcontractors who personally per form work are required to submit, in lieu of weekly payrolls and statements of compliance with respect to payment of wages, a statement clearly showing (1) their contractual relationship, (2) the scope and dates of work performed, (3) that they received no wages, and (4) that no mechanics or laborers were employed in the prosecution of the work. GSA Form 618D, Statement to be Submitted When Work is Performed Personally, sample enclosed, should be used to furnish this information. Additional copies will be furnished upon request. If you have not already done so, we recommend that you read Department of Labor Regulations, Parts 3 and 5 (29CFR, Subtitle A) for further information and guidance with respect to labor standards provisions in Govern ment contracts. Any questions you may have regarding the labor standards provisions of this contract should be submitted to this office or to the Construction Engineer at the site. A limited number of the enclosed forms will be supplied upon request. Enclosures GSA FORM 618-A (REV. 8-71) Performance and payment bonds submitted by you in connection with contract. The contract provides that all work shall be completed within 120 Please fill in the spaces provided on the two copies of this letter and Keep Freedom in Your Future With U.S. Savings Bonds GSA Form 2417 |