Doctor of Science in Occupational Therapy (DScOT) Affiliation Services

Combined Synopsis/Solicitation IAW FAR Subpart 12.6 Doctor of Science in Occupational Therapy (DScOT) Affiliation Services in Support of the U.S. Army Medical Command This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) 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 solicitation number is W81K04-17-T-0017 and is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 and Defense Federal Acquisition Regulation Supplement Publication Notice 20161222. The North American Industrial Classification System (NAICS) is 611310, Colleges, Universities, and Professional Schools. The small business size standard is $27,500,000.00. This procurement is Full and Open Competition. DESCRIPTION OF REQUIREMENT: The U.S. Army Medical Department Center and School (AMEDDC&S), Healthcare Readiness Center of Excellence (HRCoE), requires non-severable, non-personal services of an accredited university to support the Doctor of Science in Occupational Therapy (DScOT) Program and award the DScOT degree to Department of Defense (DoD) students who successfully complete the DScOT curriculum. The purpose of the DScOT program is to provide quality training for students to administer occupational therapy to patients with a wide variety of illnesses and injuries in the medical treatment facilities and on the field of battle. To meet this need, the Health Readiness Contracting Office (HRCO), intends to award an Indefinite Delivery, Indefinite Quantity (IDIQ) contract for the services of qualified personnel competent in the management of technical, educational, and administrative aspects of hosting an off-site doctoral program. Services will be provided by Affiliate University faculty and staff located on the main campus to support the DScOT students and faculty located at the AMEDDC&S, HRCoE, Fort Sam Houston. All students are active duty military healthcare personnel. Significantly, while AMEDDC&S provides instructional support for this curriculum, it does not possess the ability to award accredited university degrees to deserving program graduates. Therefore, the services of an accredited university are necessary to supplement the DScOT program and achieve full mission support. The contract services required are considered non-severable because the primary contract deliverables are university diplomas, awarded only at the conclusion of the affiliation services associated with the degree program. The Government shall not exercise any supervision or control over the contract service providers (CSPs) performing the services. Such CSPs shall be accountable solely to the contractor who, in turn is responsible to the government. The contractor shall provide services, materials, and administrative personnel necessary to award graduate credits and the degree for Doctor of Science in Occupational Therapy. The total length of the degree program is 18 months and is composed of four semesters with didactics, clinical and research curricula in each semester. The DScOT Program, resulting in a Degree of Doctor of Science in Occupational Therapy is approximately 63 semester hours in length and is taught by Government personnel under the supervision of the Government's DScOT Program Director, at San Antonio Military Medical Center (SAMMC), Fort Sam Houston Texas. It is anticipated that the resultant contract will have a five year ordering period from 27 September 2017 - 26 September 2022 and will include FAR Clause 52.217-8, Option to Extend Services. Telephone or written requests for the solicitation will not be accepted. Responses must be submitted though electronic mail and must be received by the Government prior to the closing date and time included in the solicitation. The points of contact for this requirement are Miranda N. Buntyn, Contract Specialist, phone (210) 221-4226, fax (210) 221-5402, email: miranda.n.buntyn.civ@mail.mil and Yesenia C. Rodriguez, Contracting Officer, phone (210) 221-4179, fax (210) 221-5402, email yesenia.c.rodriguez2.civ@mail.mil. Please direct any questions to the contract specialist and the contracting officer for this action. QUESTIONS CONCERNING THE SOLICITATION: Interested quoters shall submit any questions concerning this solicitation no later than 12:00 PM Central Time on Monday, August 28, 2017 for the Government's consideration. Those questions not received within the prescribed date may not be considered. All questions must be submitted in writing to the following e-mail addresses: yesenia.c.rodriguez2.civ@mail.mil and miranda.n.buntyn.civ@mail.mil. SOLICITATION RESPONSES: Quotes shall be fully executed and returned by the time specified below. Electronic submission via e-mail is required. Only emailed quotes received directly from the quoter are acceptable. Quotes shall be submitted by email to Yesenia C. Rodriguez, Contracting Officer at yesenia.c.rodriguez2.civ@mail.mil and Miranda N. Buntyn, Contract Specialist at miranda.n.buntyn.civ@mail.mil no later than 12:00 PM Central Time on Monday, September 18, 2017. All quotes received after this due date and time may be considered late in accordance with FAR 52.212-1(f). Contract Line Item Numbers (CLINs): CLIN Description Unit of Issue Qty Line Item Cost Total Amount 0001 DScOT POST AWARD CONFERENCE Each 1 $ $ FFP The contractor shall attend a post award conference convened by the contracting activity or contract administration office in accordance with PWS Paragraph 1.9. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Date of Post Award Conference: 09 October 2017 FOB: Destination 0002 DScOT CURRICULUM REVIEW AND CLASS PREP Each 1 $ $ FFP The contractor shall provide full registration for all students upon receipt of notification of selection by the Program Director. Registration will occur online. Review and accept the curriculum and educational objectives forwarded by the Government, will be provided to the contractor who shall provide input/feedback, if any, to the government no later than 10 days after receipt of the curriculum and educational objectives. PWS Para 4.2.5 IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2016 Curriculum Review Period of Performance: 10 October 2017 through 10 November 2017 FOB: Destination 0003 DScOT UNIVERSITY AFFILIATION FY18 CLASS Each 4 $ $ FFP The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Occupational Therapy degree in accordance with the Performance Work Statement. Contracted services will begin in 2017 for the Class that will begin in 2018. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Task Order Period of Performance: 10 October 2017 through 31 August 2019 FY18 Class Duration: 8 January 2018 to 31 July 2019 FOB: Destination 0004 DScOT UNIVERSITY AFFILIATION FY19 CLASS Each 4 $ $ FFP The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Occupational Therapy degree in accordance with the Performance Work Statement. Contracted services will begin in 2018 for the Class that will begin in 2019. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Task Order Period of Performance: 9 October 2018 through 31 August 2020 FY19 Class Duration: 7 January 2019 to 31 July 2020 FOB: Destination 0005 DScOT UNIVERSITY AFFILIATION FY20 CLASS Each 4 $ $ FFP The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Occupational Therapy degree in accordance with the Performance Work Statement. Contracted services will begin in 2019 for the Class that will begin in 2020. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Task Order Period of Performance: 9 October 2019 through 31 August 2021 FY20 Class Duration: 6 January 2020 to 30 July 2021 FOB: Destination 0006 DScOT UNIVERSITY AFFILIATION FY21 CLASS Each 4 $ $ FFP The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Occupational Therapy degree in accordance with the Performance Work Statement. Contracted services will begin in 2020 for the Class that will begin in 2021. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Task Order Period of Performance: 6 October 2020 through 31 August 2022 FY21 Class Duration: 4 January 2021 to 29 July 2022 FOB: Destination 0007 DScOT UNIVERSITY AFFILIATION FY22 CLASS Each 4 $ $ FFP The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Occupational Therapy degree in accordance with the Performance Work Statement. Contracted services will begin in 2021 for the Class that will begin in 2022. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Task Order Period of Performance: 8 October 2021 through 31 August 2023 FY22 Class Duration: 3 January 2022 to 31 July 2023 FOB: Destination 0008 CONTRACT MANPOWER REPORTING Each 7 $ $ FFP The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site in accordance with the Performance Work Statement. IDIQ Contract Ordering Period: 27 September 2017 through 26 September 2022 Reporting Period #1: 27 September 2017 through 30 September 2017 Report #1 Due: NLT 31 October 2017 Reporting Period #2: 01 October 2017 through 30 September 2018 Report #2 Due: NLT 31 October 2018 Reporting Period #3: 01 October 2018 through 30 September 2019 Report #3 Due: NLT 31 October 2019 Reporting Period #4: 01 October 2019 through 30 September 2020 Report #4 Due: NLT 31 October 2020 Reporting Period #5: 01 October 2020 through 30 September 2021 Report #5 Due: NLT 31 October 2021 Reporting Period #6: 01 October 2021 through 30 September 2022 Report #6 Due: NLT 31 October 2022 Reporting Period #7: 01 October 2022 through 30 September 2023 Report #7 Due: NLT 31 October 2023 FOB: Destination The provision at FAR 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. See this FAR provision and ADDENDUM TO FAR 52.212-1 for requirements regarding preparation of quotes included in this solicitation below. The provision at FAR 52.212-2, Evaluation -- Commercial Items is applicable to this requirement. See this FAR provision and the ADDENDUM TO FAR 52.212-2 for evaluation criteria and procedures to be used included in the this solicitation below. All quoters shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its quote. See this FAR provision included in this solicitation below. The clause at FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. See this FAR clause and the ADDENDUM TO 52.212-4 included in this solicitation below. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. See this FAR clause below and all additional FAR clauses cited within this clause that are applicable to the acquisition have included in this solicitation below. Additional contract requirements and terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices have been included in this solicitation below. The Defense Priorities and Allocations System (DPAS) is not applicable to this requirement. ADDITIONAL CONTRACT REQUIREMENTS AND TERMS AND CONDITIONS FOR THIS ACQUISITION: The following information is additional contract requirements and terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. This information to include the clauses incorporated by reference and full text will be included in the resultant contract. Solicitation provisions apply only to the solicitation and will not be included in the resultant contract. ORDERING PERIOD 27 September 2017 to 26 September 2022 MINIMUM/MAXIMUM ORDERING The minimum guaranteed amount is $1,500.00 and the maximum amount is 20 students and applies to the full duration of the contract. SCHEDULE ORDERING Orders may be placed by any warranted contracting officer serving in the Health Readiness Contracting Office (HRCO) or a Department of Defense (DoD) Contracting Office which has been delegated Ordering Authority by a HRCO contracting officer. CLAUSES INCORPORATED BY REFERENCE 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 ADDENDUM TO 52.212-4 Paragraph 52.212-4(c) is replaced by: Changes in the terms and conditions of this contract may be made only by written agreement of the parties. However, any administrative changes such as change of the finance office, typographical or grammatical errors, deobligation of excess funds necessary for task order and contract closeout, and the option to extend the term of the contract, may be changed unilaterally by the Government provided that such exercise is in accordance with the terms and conditions of the contract. Paragraph 52.212-4(w) is hereby added: (v) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found. (End of Clause) CLAUSES INCORPORATED BY REFERENCE 52.204-7 System for Award Management OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier OCT 2016 Subcontract Awards 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting OCT 2015 With Contractors Debarred, Suspended, or Proposed for Debarment 52.219-4 Notice of Price Evaluation Preference for HUBZone Small OCT 2014 Business Concerns 52.222-3 Convict Labor JUN 2003 52.222-17 Non-Displacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor MAY 2014 Standards - Price Adjustment (Multiple Year And Option Contracts) 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011 While Driving 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013 Management 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012 Reports 252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 CLAUSES INCORPORATED BY FULL TEXT 52.216-19 ORDER LIMITATIONS. (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,500 (insert dollar figure or quantity), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor: (1) Any order for a single item in excess of 4; (2) Any order for a combination of items in excess of 20; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 INDEFINITE QUANTITY. (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum". (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 October 2023; and 31 October 2024 if FAR Clause 52.217-8 is exercised. (End of clause) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days before the contract expires. (End of clause) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts-- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 611310- assigned to contract number TBD. (Contractor to sign and date and insert authorized signer's name and title). (End of clause) 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION Army Fringe Benefit Rate = 43.6% Employee Class General Schedule Equivalent Monetary Wage-Fringe Benefits Clerks GS-04 $13.85 $19.89 (End of clause) 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015) (a) Definitions. As used in this clause-- ``United States'' means the 50 states and the District of Columbia. ``Worker''-- (1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and -- (i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV); (ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; (iii) Regardless of the contractual relationship alleged to exist between the individual and the employer. (2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c). (3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (b) Executive Order minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015. (2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract. (3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment. (iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provideduplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. (4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. (6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions. (7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. (8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. (c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition-- (i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker; (ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to-- (i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts; (ii) Individuals exempted from the minim...