ATTACHMENT_A_-_The_PSS_SOLICITATION_FINAL_DRAFT_FOR_INDUSTRY_4-26-2017.pdf

PROFESSIONAL SERVICES SCHEDULE

SOLICITATION NUMBER FCO00CORP0000C, Refresh #____:

TABLE OF CONTENTS

DRAFT - 04/26/2017

PART SECTION

Introduction to the Multiple Award Schedules

Program - Read Me First

1 Significant Changes for Refresh #____

2 Provisions (Vendor Instructions) and Evaluation Factors

3 List of Attachments

It is important to read this solicitation in its entirety prior to completion and submission of an offer. Failure to do so may result in rejection of your offer.

SOLICITATION FCO00CORP000C, Refresh #____

INTRODUCTION TO THE MULTIPLE AWARD SCHEDULES PROGRAM

READ ME FIRST

We appreciate your interest in the Federal Supply Schedule (FSS) Program. Under the FSS Program, the General Services Administration and the Department of Veterans Affairs (GSA/VA) establish long-term Government-wide contracts called Multiple Award Schedules (MAS) with commercial firms to provide ordering activities with access to a wide variety of commercial supplies and/or services. This letter provides pertinent background information on the MAS Program. You should consider this information prior to deciding whether to submit an offer for a MAS contract. Please read this letter in its entirety to learn about the benefits and responsibilities associated with being an FSS contractor. You will then be better informed to determine if obtaining an MAS contract is the right business decision for your firm.

The MAS Program is designed to enable ordering activities to purchase commercial supplies and/or services quickly, efficiently, at fair and reasonable prices and still meet all the requirements of the Federal Acquisition Regulation (FAR). The MAS programs are value based vehicles which support category management.

To assist suppliers, GSA designed the Vendor Toolbox, which can be found in the Vendor Education Center https://gsafas.secure.force.com/MASTrainingHome. The Vendor Toolbox walks the supplier through researching, analyzing, and deciding whether it is the best business decision to pursue a GSA Schedule contract.

Becoming a successful FSS contractor requires that your company perform due diligence and understand your commitments and obligations as an FSS contractor.

It is essential to read the entire Schedule solicitation. Understanding the terms and conditions of an FSS contract and your contractual obligations is critical to your success as an FSS contract holder.

If interested in participating in the Multiple Award Schedules (MAS) program for this solicitation, your firm will be required to submit an offer electronically and will be held responsible for all activities associated with the offer. That offer will be submitted via the eOffer module found under the Vendor Instruction section of this solicitation.

For additional information regarding this Schedule, see www.gsa.gov/psschedule https://gsafas.secure.force.com/MASTrainingHome http://www.gsa.gov/psschedule https://gsafas.secure.force.com/MASTrainingHome

SOLICITATION FCO00CORP000C, Refresh #_____

PART 1 - SIGNIFICANT CHANGES

This page would be populated by any solicitation refresh updates.

PART 2 - PROVISIONS (VENDOR PROPOSAL INSTRUCTIONS)

Professional Services Schedule Solicitation: FCO00CORP0000C

Welcome to the Vendor Instruction section of this solicitation. In this section you will find the following areas of importance:

● Provisions (Vendor Instructions)

● Provisions Incorporated by Reference

● Evaluation Factors

This is a critical section that you must first read in its entirety.

Important Notice regarding Transactional Data Reporting (TDR)

Offers which include any Professional Engineering Services SINs 871-1 through 871-7 will be subject to TDR for their entire contract.

Offerors subject to TDR will follow the applicable provisions which include “WITH TDR” in the title.

SCP-FSS-00P-N WITHOUT TDR - INSTRUCTIONS APPLICABLE TO

ALL OFFERORS FOR PROFESSIONAL SERVICES (JAN 2017)

(a) Read the entire solicitation document prior to preparation of your offer. Some SINs have additional requirements relevant to that particular SIN. Review the solicitation SIN descriptions and specific SIN requirements attached in “Part 3, List of Attachments.”

(b) Electronic submission of offers via GSA’s eOffer web-based application http://eOffer.gsa.gov is mandatory, see paragraph (g)(1)(ii) below for information on obtaining a digital certificate.

(c) Offers must be current, concise, and complete, and demonstrate a thorough understanding of solicitation requirements. By submission of an offer, the Offeror attests that there have been no exceptions taken to the terms and conditions of this solicitation unless otherwise explicitly identified as required in eOffer (see “Exceptions to Terms and Conditions” under the Standard Response module).

(d) If the Offeror was previously awarded a Schedule contract that was cancelled or allowed to expire due to low or no sales, a new offer for the same Schedule will not be considered unless a minimum of 12 months have passed since the effective date of the cancellation or the expiration date of the previous contract. Any offer submitted prior to the completion of this 12-month period will be rejected.

(e) By submission of an offer, the Offeror attests that it understands and agrees to comply http://eoffer.gsa.gov/ with the requirements of all clauses and provisions. Failure to comply with any applicable clauses and provisions will result in rejection of the offer. Offerors are responsible for ensuring that their offers meet ALL solicitation requirements and should not assume that deficient items will be clarified prior to the offer being rejected.

If misleading, falsified, and/or fraudulent past performance ratings are discovered, the Offeror shall be eliminated from further consideration for award. Falsification of any proposal submission, documents, or statements may subject the Offeror to civil or criminal prosecution under Section 1001 of Title 18 of the United States Code.

(f) The PSS solicitation is inclusive of complementary SINs which enable Offerors to provide information technology related to professional services, human resource services, energy management planning & strategies, energy auditing, resource efficiency management (REM) and energy consulting services when those services are ancillary to the provision of a total professional services solution. Under no circumstances can the complementary PSS SINs be offered and used on a stand-alone basis. Offerors pursuing a complementary SIN (see table below) that currently hold Schedule contracts inclusive of these SINs are not required to submit relevant project experience documents for those SINs and must provide the contact number(s) for those Schedule contracts in the proposal.

COMPLEMENTARY SIN TITLE

C132 51 Information Technology Professional Services

C595 21 Human Resource Services (Excluding EEO Services)

C871 202 Energy Management Planning and Strategies

C871 207 Energy Audit Services

C871 208 Resource Efficiency Management (REM)

C871 211 Energy Consulting Services

(g) All offerors must comply with the following:

(1) Section I - Administrative/Contract Data The Offeror must comply with/provide all of the items in Section I in ONE pdf document organized with a table of contents titled:

[Company Name]_Section I_Administrative Proposal

This section must contain Financial Documents (Balance Sheets and Income Statements) and firm must provide an explanation for negative balances and/or ratios, see paragraph (iii) below.

(i) The Offeror must be registered with the System for Award Management (SAM) at http://www.sam.gov. The information provided must be current, accurate, and http://www.sam.gov/ complete, and reflect the North American Industrial Classification System (NAICS) code(s) for this solicitation and the SINs proposed.

(ii) At least one authorized negotiator that is authorized to sign as listed in eOffer, must be directly employed by the Offeror and must possess a valid digital certificate. The authorized negotiator’s name(s) and email address(es) must exactly match their digital certificate(s). For any resultant contract, the contractor is responsible for initiating a modification to ensure all authorized negotiators are up-to-date. The Offeror must have a digital certificate to access the eOffer/eMod applications. This will enable user authentication against the authorized negotiators list for the offer/modification, and to sign the final contract/modification documents electronically. Directions on obtaining digital certificates are available at www.eoffer.gsa.gov.

(iii) The Offeror must provide independently audited Balance Sheets and Income Statements for the most recent 2 years. GSA will use this information to determine financial responsibility. Provide an explanation for any negative equity, negative income or ratios that are outside the normative standard as shown in the following table:

Profit Margin (%): Normative Industry Standard (per creditguru.com): at least 0.77

Current Ratio: Normative Industry Standard (per creditguru.com): at least 1.18

Debt to Equity Ratio: Normative Industry Standard (per creditguru.com): 1.11 or lower

Offerors may be required to provide letters of credit or other documentation to demonstrate that adequate financial resources are available. In accordance with Federal Acquisition Regulation (FAR) 9.103(a), contracts will only be awarded to responsible prospective Offerors. To be determined responsible, the Offeror must have adequate financial resources to perform the contract or the ability to obtain them.

1) Submission of a GSA Form 527 does not meet the aforementioned requirements.

2) Offerors are NOT to submit tax returns. The financial statements submitted must identify the legal entity submitting this offer.

3) If the offeror’s financials are included in a parent company’s consolidated financial statements, the parent company’s financial statements must identify the offeror’s financial information.

4) Financial statements must reflect United States currency.

5) Financial statements must reflect a 12-month operating period (e.g.

January 1, 2016 to December 31, 2016). Financial statements with less than 12-months of operating activity will not meet this requirement.

http://www.eoffer.gsa.gov/

(iv) For purposes of this solicitation, the business size will be determined based on the NAICS code chosen from the SIN representing the preponderance of anticipated sales under the contract. The Offeror is required to complete the Small Business Subcontracting Plan module in eOffer, if the offeror is determined to be other than a small business concern for the purposes of this solicitation.

Other than small businesses (large businesses, nonprofit organizations and educational institutions) are advised of the requirement to submit a Small Business Subcontracting Plan as detailed in provision 552.219-72 Preparation, Submission, and Negotiation of Subcontracting Plans. The Government will review each plan to ensure it is consistent with this provision. Subcontracting plans are subject to negotiation, along with the terms and conditions of any contract resulting from this solicitation. Failure to submit a Small Business Subcontracting Plan when required will result in the rejection of your offer.

For SBA’s definition of a small business concern, please visit:

https://www.sba.gov/contracting/getting-started-contractor/qualifying-small-business

(v) Unless otherwise requested, the Offeror shall not submit brochures, newsletters, or other marketing materials.

(2) Section II - Technical Proposal The Offeror must comply with/provide all of the items in Section II in ONE pdf document organized with a table of contents titled:

[Company Name]_Section II_Technical Proposal

This document must contain the following:

● If applicable, copies of Government Contracts showing at least $25,000 in sales, see paragraph (ii)(a) below for applicability of this requirement.

● Technical Project Support, see paragraph (ii)(a)(9) below.

● A list of PPIRS/CPARS report(s) that are relevant and in scope, see paragraph (iii)(1) below for applicability.

● PSS Past Performance Questionnaires, see paragraph (iii)(2) below for applicability.

The Offeror must address the four technical proposal factors below within eOffer.

Each factor is limited to 10,000 characters maximum.

(i) Factor One - Corporate Experience: The Offeror must submit a narrative description of its corporate experience that includes the following:

(a) The number of years of corporate experience in providing the service products/services described under this Schedule, regardless of the specific service products/services being proposed - a minimum of two (2) years of corporate experience is required. The two (2) years is calculated from the date the offer was submitted. This date can be located on the system-generated confirmation notice the firm will receive upon https://www.sba.gov/contracting/getting-started-contractor/qualifying-small-business successful submission of their offer in eOffer.

(b) Organization’s number of employees, experience in the field, and resources available to enable it to fulfill requirements. Employees are personnel that are directly employed by the offeror, excluding those who are contracted personnel e.g. 1099.

(c) Brief history of the Offeror’s activities contributing to the development of expertise and capabilities related to this requirement.

(d) Information that demonstrates the Offeror's organizational and accounting controls.

(e) A description of the resources presently in-house or the ability to acquire the type and kinds of personnel/products proposed.

(f) A discussion regarding the intended use of subcontractors.

(ii) Factor Two – Relevant Project Experience: The Offeror must submit a narrative demonstrating relevant project experience. A narrative is required for each proposed services SIN and must include the following:

(a) A description of one (1) relevant project. The project must either have been completed within the last three (3) years or be ongoing.

For ongoing contracts with a base year and option years, at a minimum, the base year must have been completed; for multi-year task orders, at a minimum, the first year must have been completed. The Offeror may use the same project in support of more than one SIN provided that the description clearly identifies the SIN-relevant work.

If the Offeror was previously awarded a Schedule contract that was cancelled or allowed to expire due to low or no sales, the Offeror’s relevant project experience must be a Federal prime contract valued in excess of $25,000.

For each project experience description, the following information must be provided:

(1) Customer/client name

(2) Project name/contract number

(3) Customer point of contact for project

(4) Point of contact phone number and email

(5) Project performance period must include the beginning date and ending date in months/years format

(6) Dollar value of the entire project

(7) Dollar value received for the work performed relevant to the SIN offered

(8) Brief summary of the project as a whole (background, purpose, etc.). Each description summary must clearly indicate the SIN to which it applies, and identify the specific services being proposed under that SIN

(9) Project Experience support consisting of one of the following must be provided:

● Client generated Statements of Work (SOW)

● Client generated Performance Work Statements (PWS)

● Statement of Objectives (SOO)

● Government contracts

● Commercial contracts

● Subcontract agreements

● Source document demonstrating what the client intended to purchase

If you are submitting a project in which you were a subcontractor to a Federal prime contractor, you must submit a copy of your subcontract agreement, not the Federal Prime’s SOW/contract. If the subcontract agreement is vague as to the services provided to the Federal Prime, you may submit both the subcontract agreement and the Federal Prime’s SOW, with tasks performed by the offeror clearly identified. The offeror must highlight the SIN-relevant task(s) in the supporting documentation.

(b) Offerors holding Schedule contracts inclusive of SINs 132 51, 595 21, 871 202, 871 207, 871 208 and/or 871 211 are not required to submit project experiences to demonstrate expertise relevant to the corresponding complementary PSS SIN. The offeror must provide the contract number of the Schedule contract(s) where those SINs are awarded.

(iii) Factor Three - Past Performance: The following sources will be used for Past Performance. Three (3) past performance reports from CPARS/PPIRS or (if unavailable) three (3) completed Past Performance Questionnaires must be submitted with the offer as detailed below.

1) Interim or final Past Performance Information Retrieval System (PPIRS) / Contract Performance Assessment Reporting System (CPARS) report(s), if available, from projects involving services and products related to the scope of the SIN(s) offered. It is not required to submit the CPARS/PPIRS reports but simply list them. You must provide a list that includes the Contract number(s) and assessment date(s) of PPIRS/CPARS report(s) that are for relevant scope (i.e., the same NAICS as the NAICS associated with the SIN proposed). All outstanding comments must be resolved. No customer references are required for PPIRS/CPARS as those reports will be verified in the system.

2) If an offeror does not have three (3) CPARS/PPIRS reports available, then a combination of PPIRS/CPARS reports and completed Past Performance Questionnaires will be acceptable. If no PPIRS/CPARS reports are available, the Offeror must submit three (3) Past Performance Questionnaires completed by “customer references”.

Solicitation attachment Past Performance Questionnaire must be used.

A "customer reference" is defined as a person or company that has purchased relevant products/services from the Offeror within the last three (3) years. The Offeror must use references from projects involving services and products relevant to this solicitation.

The Offeror must address any negative feedback reported in the Past Performance Questionnaires, to include corrective action(s) taken to minimize the problem(s) that were identified.

3) If misleading, falsified, and/or fraudulent past performance ratings are discovered, the Offeror shall be eliminated from further consideration for award. Falsification of any proposal submission, documents, or statements may subject the Offeror to civil or criminal prosecution under Section 1001 of Title 18 of the United States Code.

(iv) Factor Four - Quality Control: The Offeror is to submit a single narrative for this factor, regardless of the number of services and products offered. The Quality Control narrative must address the following:

(A) A description of internal review procedures that facilitate high-quality standards

(B) Identification of individuals responsible for ensuring quality control

(C) Whether or not subcontractors are used and, if so, the quality control measures used to ensure acceptable subcontractor performance

(D) How potential problem areas and solutions are handled

(E) The procedures for ensuring quality performance when meeting urgent requirements

(F) How quality control will be managed when completing multiple projects for multiple agencies simultaneously

(3) Section III - Price Proposal

The Offeror must comply with/provide a total of the following three documents:

1. Pricing Template (PT), see paragraph (ii) below. This document must be titled:

[Company Name]_Section III_Pricing Template

2. Descriptions for all proposed labor categories, training courses, products, fixed price services, and / or Other Direct Cost (ODC) services, see paragraph (iii) below. This document must be titled:

[Company Name]_Section III_Service Descriptions

3. All other items in Section III shall be submitted in ONE pdf document organized with a table of contents titled:

[Company Name]_Section III_PriceProposal The [Company Name]_Section III_PriceProposal document must contain the following:

● Commercial Price List (CPL) (if applicable), see paragraph (iv) below.

● Proposed Method of Economic Price Adjustment (EPA), see paragraph

(v) below.

● Professional Compensation Plan, see paragraph (ix) below.

● Contractor’s policy that addresses uncompensated overtime, see paragraph (x) below.

(i) GSA's pricing goal is to obtain equal to or better than the Offeror’s Most Favored Customer (MFC) pricing under the same or similar terms and conditions. GSA seeks to obtain the Offeror's best price based on its evaluation of discounts, terms, conditions, and concessions offered to commercial customers. However, offerors who propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted.

The U.S. Government Accountability Office has specifically recommended that "the price analysis GSA does to establish the Government's MAS negotiation objective should start with the best discount given to any of the vendor's customers."

(ii) Offerors must submit proposed pricing using the Solicitation’s Pricing Template (PT). Do NOT protect, modify or change the format or column titles of the pricing template. The PT MUST be completed and submitted in the original downloaded Microsoft Office Excel format as this information needs to be copied and utilized in our systems. Do not edit the embedded formulas in the PT. The proposed pricing structure must be consistent with the Offeror’s commercial practices. The Offeror must annotate the following information in the PT:

(a) If there are variations in costs that depend on where the work is performed, the Offeror has the option to propose separate prices for "domestic” versus "overseas” and/or “customer facility” versus “contractor facility”.

(b) Proposed prices must include the 0.75% Industrial Funding Fee (IFF) (see contract clause 552.238-74 Industrial Funding Fee and Sales Reporting). This fee will be included in the awarded prices and reflected in the total amount charged to ordering activities.

(c) Proposed prices must represent fully-burdened prices inclusive of all cost factors (e.g., direct labor, indirect labor, G&A, profit, and IFF).

(d) If the Offeror has commercial customers, the Offeror must disclose their Commercial MFC(s) and MFC price(s). If all of the Offeror’s customers are Federal agencies, where the Offeror is the prime, then the Offeror will use “N/A” under column “I” titled “Most Favored Commercial Customer (MFC).”

(iii) For each proposed labor category, training course, product, fixed price service, and / or Other Direct Cost (ODC), the Offeror must provide a detailed description of the service(s) being offered. The description document MUST be completed and submitted in either Microsoft Office Excel or Word format. Do NOT .pdf or protect the description document as this information needs to be copied and utilized in our systems.

(a) Proposed Labor Categories: Provide a description of each labor category offered that clearly demonstrates how each labor category is within the scope of the applicable SIN(s). Functional responsibilities must be clearly defined and specific with regards to the services being proposed. It is required that the labor categories being proposed for multiple SINs have functional responsibilities relevant to each proposed SIN. Labor categories proposed for multiple SINs that do not have functional responsibilities relevant to each proposed SIN may not be considered for award. These descriptions must include the following:

(1) Position descriptions must include functional responsibilities (What will the person selected for this position actually do?)

(2) Minimum years of experience (How many years of experience are required for this position?)

(3) Minimum educational/degree requirements (What type of degree is required?)

(4) Any applicable training or certification requirements (Is there any special training/certifications/ clearances required that may affect the offered price?)

(5) If it is the Offeror’s standard commercial practice to substitute experience for education, explain the specific methodology in use (e.g., five years experience equates to a BA/BS degree). Substitution methodologies for professional services requiring a minimum four-year degree may be subject to negotiations. Ambiguous substitutions (i.e., use of terms “generally,” “could,” or “may”) are not acceptable.

(b) Proposed Training Courses: Provide a description for each proposed course that clearly demonstrates how each course is within the scope of the applicable SIN(s). The following information must be provided:

(1) Title of Course

(2) Length of Course

(3) Maximum Number of Students

(4) Minimum Number of Students

(5) Price per Student

(6) Description of Course

(c) Fixed Price Services: Provide a description of each fixed price service(s) offered that clearly demonstrates how each service is within the scope of the applicable SIN(s). Descriptions should contain enough detail for potential agencies to have enough information to know what they’re buying.

(d) Proposed Service Products/Other Direct Costs (ODCs): Provide a description for each proposed support products and/or Other Direct Costs (ODCs) that clearly describes what the agencies will receive.

Once the contract is awarded, these descriptions will become part of the Authorized Federal Supply Schedule Price List. It is the responsibility of the offeror to post the approved descriptions to GSA Advantage!®.

(iv) If the offeror maintains a commercial price list, either provide a copy of it or provide a link to the website where the price list is published. Supporting documentation such as other than cost and pricing data, copies of invoices, or copies of awarded contracts may be required by the Contracting Officer if proposed pricing does not appear to be fair and reasonable compared to other existing Schedule contracts for the same or similar services.

(v) Economic Price Adjustment (EPA)

Offerors must select one method below to apply to a resultant contract:

Offeror maintains a dated Commercial Price List (a document clearly showing applicable pricing for all services and products offered and available to the public, which is posted on the firm’s website or in a published catalog). The offeror acknowledges that economic price adjustments under a resultant contract will be tied to clause 552.216-70, Economic Price Adjustment – FSS Multiple Award Schedule Contracts (SEP 1999)(ALT I – SEP 1999).

OR

Offeror maintains commercial market pricing and requests that economic price adjustments under a resultant contract will be tied to clause I-FSS-969 – Economic Price Adjustment – FSS Multiple Award Schedule (JAN 2002), paragraph (b) (1) (adjustments based on escalation rates negotiated prior to contract award). The requested annual escalation rate may not exceed the solicitation maximum as identified in paragraph (d)(4) of the clause. The offeror certifies that the annual escalation rate requested conforms to its historic pricing escalation practices and agrees to provide the Government additional supporting documentation to validate requested escalation rate, if required.

OR

Offeror maintains commercial market pricing and requests that economic price adjustments under a resultant contract will be tied to clause I-FSS-969 – Economic Price Adjustment – FSS Multiple Award Schedule (JAN 2002), paragraph (b) (2) (adjustments based on agreed-upon publicly available market indicator). The offeror must identify the specific publicly available market indicator as part of their pricing proposal. The following market indicator is an example of one that can be used for professional services:

For professional services, the most commonly used market indicator is the Bureau of Labor Statistics Employment Cost Index (ECI), Table 5:

Compensation – Not Seasonally Adjusted – Employment Cost Index for Total Compensation, for Private Industry Workers, by Occupational Group and Industry. Offerors may access the current BLS ECI at www.bls.gov, and searching for “ECI” or “Employment Cost Index.”

When proposing economic price adjustments based on an agreed-upon market indicator, offerors are advised to identify the occupational group or industry that is most relevant to the services proposed by the Offeror.

(vi) Travel will be handled in accordance with clause C-FSS-370 Contractor Tasks/Special Requirements. Costs for transportation, lodging, meals and incidental expenses are allowable subject to the limitations contained in the Federal Travel Regulations and/or Joint Travel Regulations. These costs should not be included in proposed prices, as they are to be coordinated at the ordering agency level.

(vii) Complete the Commercial Sales Practices Format in eOffer in accordance with the instructions provided. Provide a rationale for the given estimate of GSA contract annual sales. Under 1a, “General Public” refers to all commercial sales to include Sub to Prime relationships.

Any deviation from the Offeror's commercial sales practices must be explained, including the specific circumstances and frequency of the deviations under Item 4b of the CSP. Deviations disclosed but not clearly and fully explained will be considered unacceptable and may result in the offer being rejected. This is not an opportunity to propose differing terms and conditions than those incorporated in this solicitation but rather an opportunity to demonstrate a specific pricing practice that has occurred resulting in a lower price.

http://www.bls.gov/

The disclosure of deviations from your commercial standard practices does not result in additional non-triggering events for price reductions. In accordance with 552.238-75 paragraph (d), there are only four scenarios under which a price reduction will not be triggered.

(viii) To determine fair and reasonable pricing, the GSA contracting officer may consider many factors, including pricing on competitor contracts, historical pricing, and currently available pricing in other venues. Offers that propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted.

(ix) The Offeror must submit a Professional Compensation Plan in accordance with provision 52.222-46 Evaluation of Compensation for Professional Employees.

Individual compensation disclosure is not required. Submission of the general compensation practices printed in the Offeror’s employee handbook is often sufficient. While individual compensation disclosure is not required, salary ranges for proposed professional positions should be identified e.g. if your company has ten Consultants, we would expect to see a salary range that includes the lowest salary to the highest salary.

(x) The Offeror must submit a copy of its policy that addresses uncompensated overtime, in accordance with provision 52.237-10 Identification of Uncompensated Overtime.

(xi) Service Contract Labor Standards (SCLS): Applicable to this solicitation (Service Contract Act 52.222-41, and related clauses 52.222-42, 52.222-43, and 52.222-49)

1. The Service Contract Labor Standards (SCLS) applies to all nonprofessional services to be provided under this Schedule except for any pricing offered for services outside of the United States. The SCLS index of applicable wage determinations for this solicitation and resultant contract are shown in FedBizOpps documents, "SCLS Index of Wage Determinations (Standard and Nonstandard)." Some of the proposed labor categories may be subject to the SCLS (usually nonprofessional categories). As such, the Offeror must verify that its proposed base rates and fringe benefit rates for these labor categories meet or exceed the SCLS wage determination rates and fringe benefits for the areas included in the geographic scope of the contract (i.e., nationwide); the Offeror will be required to comply with applicable SCLS wage determination rates and fringe benefits regardless of the price proposed and awarded on any resultant Schedule contract. The Offeror may be required to submit supporting documentation for the proposed rates that will allow the contracting officer to conduct cost analysis to determine that offered prices are fair and reasonable. If your offer includes fixed-priced services that include the performance of services by labor categories subject to the SCLS, but is offered by a unit price other than labor hours, you must identify all covered SCLS positions required to perform these services using the SCLS Matrix provided in paragraph (iv)(6) below.

2. Schedule contractors must comply with the base rate and fringe benefit rate requirements of the prevailing rate SCLS Wage Determination (WD) Revision Number currently incorporated into the GSA Schedule contract. No prevailing rate WD may be incorporated into a task order as the order may then be in conflict with the Schedule contract terms and conditions. However, WDs based on collective bargaining agreements (CBAs) may be incorporated into a task order if the task order is found to be a successor contract as used in FAR Subpart 22.10; a CBA WD would be applicable only to the task order it is incorporated into and no other orders under that Schedule contract.

3. All price adjustments under SCLS-eligible labor categories shall be in accordance with clause 52.222-43.

52.222-43 Fair Labor Standards Act and Service Contract Act Price Adjustment (Multiple Year and Option Contracts). Price adjustments for SCLS-applicable labor categories shall be in accordance with clause 52.222-43 Fair Labor Standards Act and Service Contract Act Price Adjustment (Multiple Year and Option Contracts). When a modification is issued to all contract holders incorporating a revised index of wage determinations, contractors shall notify the contracting officer of any increase/decrease claimed under clause 52.222-43 within 30 calendar days after receipt of the modification.

In addition to clause 52.222-43, the escalation methodology applicable to non-SCLS labor categories will also apply to a Schedule contractor’s SCLS eligible labor categories.

Note 1: The contractor will not automatically be allowed an increase in prices based solely on new wage determinations.

Note 2: Reference Code of Federal Regulations, Title 29, Labor, Subtitle A Office of the Secretary of Labor, Part 4 Labor Standards for Federal Service Contracts, Subpart D Compensation Standards, paragraph 4.161 Minimum monetary wages under contracts exceeding $2,500, which states: “No change in the obligation of the contractor or subcontractor with respect to minimum wages will result from the mere fact that higher or lower wage rates may be determined to be prevailing for such employees in the locality after the award and before completion of the contract.”

4. The SCLS section must be completed in eOffer for all the Offeror’s identified SCLS-eligible labor categories, map them to the SCLS-equivalent labor category title (titles/descriptions available at http://www.wdol.gov - click on the “library” link, then download the SCLS Directory of Occupations, 5thEdition).

Also identify the WD# that the labor categories in your offer are predicated

on. Note that the applicable revision number for any Wage Determination number is the revision number identified in the solicitation index of wage determinations.

See below for example purposes:

SCLS Matrix

SCLS Eligible Contract Labor Category

SCLS Equivalent Code Title WD Number

Secretary 01115 - General Clerk I 05-2059

Driver 31361 - Truckdriver, Light Truck 05-2059

Engineering Technician 29081 - Engineering Technician I 05-2059

Administrative Assistant 01011 - Accounting Clerk I 05-2059

"The Service Contract Labor Standards (SCLS) is applicable to this contract and it includes SCLS applicable labor categories. The prices for the indicated (**) SCLS labor categories are based on the U.S. Department of Labor Wage Determination Number(s) identified in the SCLS matrix. The prices awarded are in line with the geographic scope of the contract (i.e.

nationwide)."

SCP-FSS-00P-S WITHOUT TDR - INSTRUCTIONS APPLICABLE TO

SUCCESSFUL FSS LEGACY CONTRACTORS FOR PROFESSIONAL

SERVICES (JAN 2017)

This provision is applicable to existing successful contractors under this Schedule. Offers submitted must meet the following criteria and ensure all modification changes, additions or deletions to the existing contract are completed prior to the submission of a new offer under this provision. Any changes offered that are not a part of the pre-existing contract will result in the firm having to submit an offer in compliance with SCP-FSS-00P-N without TDR, Instructions Applicable to all Offerors for Professional Services (JAN 2017).

If misleading, falsified, and/or fraudulent past performance ratings are discovered, the Offeror shall be eliminated from further consideration for award. Falsification of any proposal submission, documents, or statements may subject the Offeror to civil or criminal prosecution under Section 1001 of Title 18 of the United States Code.

(a) Offers can be submitted provided that the contractor meets ALL of the following criteria:

(1) The contractor has an existing FSS program contract under this Schedule and is submitting a new offer that is unchanged from its pre-existing contract.

(2) Sales under the existing contract have averaged a minimum of $25,000 per year for the previous five years of reported sales.

(3) There is a demonstrated pattern of satisfactory past performance under the existing contract.

(b) Read the entire solicitation document prior to preparation of your offer.

(c) Electronic submission of offers via GSA’s eOffer web-based application http://eOffer.gsa.gov is mandatory.

(d)Offers must be current, concise, and complete. By submission of an offer, the Offeror attests that there have been no exceptions taken to the terms and conditions of this solicitation unless otherwise explicitly identified as required in eOffer (see “Exceptions to Terms and Conditions” under the Standard Response module).

(e) All offerors must comply with the following:

(ii) At least one authorized negotiator, as listed in eOffer, must be directly employed by the Offeror and must possess a valid digital certificate. The authorized negotiator’s name(s) and email address(es) must exactly match their digital certificate(s). For any resultant contract, the contractor is responsible for initiating a modification to ensure all authorized negotiators are up-to-date. The Offeror must have a digital certificate to access the eOffer/eMod applications. This will enable user authentication against the authorized negotiators list for the offer/modification, and to sign the final contract/modification documents electronically. Directions on obtaining digital certificates are available at www.eoffer.gsa.gov.

(iii) For purposes of this solicitation, the business size will be determined based on the NAICS code chosen from the SIN representing the preponderance of anticipated sales under the contract. The Offeror is required to complete the Small Business Subcontracting Plan module in eOffer, if the offeror is determined to be other than a small business concern for the purposes of this solicitation.

Other than small businesses (large businesses, nonprofit organizations and educational institutions) are advised of the requirement to submit a Small Business Subcontracting Plan as detailed in provision 552.219-72 Preparation, Submission, and Negotiation of Subcontracting Plans. The Government will review each plan to ensure it is consistent with this provision. Subcontracting plans are subject to negotiation, along with the terms and conditions of any contract resulting from this solicitation. Failure to submit a Small Business Subcontracting Plan when required will result in the rejection of your offer.

(2) Section II - Technical Proposal

(i) A Technical Proposal is not required for a streamlined offer but the Technical Section is required to be completed in the eOffer system.

You may use the phrase “Not required per Provision SCP-FSS-00P-S” in all the fields except email and phone number for projects which has a required format.

You may use Notrequired@company.com and 555-555-5555).

(3) Section III - Price Proposal

1. Pricing Template (PT), see paragraph (ii) below. This document must be titled:

[Company Name]_Section III_Pricing Template price services, and / or Other Direct Cost (ODC) services, see paragraph (iii)

● Commercial Price List (CPL) (if applicable), see paragraph (iv) below.

(v) below.

(i) GSA's pricing goal is to obtain equal to or better than the Offeror’s Most Favored Customer (MFC) pricing under the same or similar terms and conditions. GSA seeks to obtain the Offeror's best price based on its evaluation of discounts, terms, conditions, and concessions offered to commercial customers. However, offerors who propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted.

The U.S. Government Accountability Office has specifically recommended that "the price analysis GSA does to establish the Government's MAS negotiation objective should start with the best discount given to any of the vendor's customers."

(ii) Offerors must submit proposed pricing using the Solicitation’s Pricing Template (PT). Do NOT protect, modify or change the format or column titles of the pricing template. The PT MUST be completed and submitted in the original downloaded Microsoft Office Excel format as this information needs to be copied and utilized in our systems. Do not edit the embedded formulas in the PT. The proposed pricing structure must be consistent with the Offeror’s commercial practices. The mailto:Notrequired@company.com

Offeror must annotate the following information in the PT:

(a) If there are variations in costs that depend on where the work is performed, the Offeror has the option to propose separate prices for "domestic” versus "overseas” and/or “customer facility” versus “contractor facility”.

(b) Proposed prices must include the 0.75% Industrial Funding Fee (IFF) (see contract clause 552.238-74 Industrial Funding Fee and Sales Reporting). This fee will be included in the awarded prices and reflected in the total amount charged to ordering activities.

(c) Proposed prices must represent fully-burdened prices inclusive of all cost factors (e.g., direct labor, indirect labor, G&A, profit, and IFF).

(d) If the Offeror has commercial customers, the Offeror must disclose their Commercial MFC(s) and MFC price(s). If all of the Offeror’s customers are Federal agencies, where the Offeror is the prime, then the Offeror will use “N/A” under column “I” titled “Most Favored Commercial Customer (MFC).”

(iii) For each proposed labor category, training course, product, fixed price service, and / or Other Direct Cost (ODC), the Offeror must provide a detailed description of the service(s) being offered. The description document MUST be completed and submitted in either Microsoft Office Excel or Word format. Do NOT .pdf or protect the description document as this information needs to be copied and utilized in our systems.

(a) Proposed Labor Categories: Provide a description of each labor category offered that clearly demonstrates how each labor category is within the scope of the applicable SIN(s). Functional responsibilities must be clearly defined and specific with regards to the services being proposed. It is required that the labor categories being proposed for multiple SINs have functional responsibilities relevant to each proposed SIN. Labor categories proposed for multiple SINs that do not have functional responsibilities relevant to each proposed SIN may not be considered for award. These descriptions must include the following:

(6) Position descriptions must include functional responsibilities (What will the

(7) Minimum years of experience (How many years of experience are

(8) Minimum educational/degree requirements (What type of degree is

(9) Any applicable training or certification requirements (Is there any special

(10) If it is the Offeror’s standard commercial practice to substitute experience for education, explain the methodology in use (e.g., five years experience equates to a BA/BS degree). Substitution methodologies for professional services requiring a minimum four-year degree may be applicable SIN(s). The following information must be provided:

(1) Title of Course

(2) Length of Course

(3) Maximum Number of Students

(4) Minimum Number of Students applicable SIN(s). Descriptions should contain enough detail for potential agencies to have enough information to know what they’re buying.

(d) Proposed Service Products/Other Direct Costs (ODCs): Provide a description for each proposed support products and/or Other Direct Costs (ODCs) that clearly describes what the agencies will receive.

Once the contract is awarded, these descriptions will become part of the Authorized Federal Supply Schedule Price List. It is the responsibility of the offeror to post the approved descriptions to GSA Advantage!®.

(iv) If the offeror maintains a commercial price list, either provide a copy of it or provide a link to the website where the price list is published. Supporting documentation such as other than cost and pricing data, copies of invoices, or copies of awarded contracts may be required by the Contracting Officer if proposed pricing does not appear to be fair and reasonable compared to other existing Schedule contracts for the same or similar services.

(v) Economic Price Adjustment (EPA)

Offerors must select one method below to apply to a resultant contract:

Offeror maintains a dated Commercial Price List (a document clearly showing applicable pricing for all services and products offered and available to the public, which is posted on the firm’s website or in a published catalog). The offeror acknowledges that economic price adjustments under a resultant contract will be tied to clause 552.216-70, Economic Price Adjustment – FSS Multiple Award

Schedule Contracts (SEP 1999)(ALT I – SEP 1999).

OR

Offeror maintains commercial market pricing and requests that economic price adjustments under a resultant contract will be tied to clause I-FSS-969 – Economic Price Adjustment – FSS Multiple Award Schedule (JAN 2002), paragraph (b) (1) (adjustments based on escalation rates negotiated prior to contract award). The requested annual escalation rate may not exceed the solicitation maximum as identified in paragraph (d)(4) of the clause. The offeror certifies that the annual escalation rate requested conforms to its historic pricing escalation practices and agrees to provide the Government additional supporting documentation to validate requested escalation rate, if required.

OR

Offeror maintains commercial market pricing and requests that economic price adjustments under a resultant contract will be tied to clause I-FSS-969 – Economic Price Adjustment – FSS Multiple Award Schedule (JAN 2002), paragraph (b) (2) (adjustments based on agreed-upon publicly available market indicator). The offeror must identify the specific publicly available market indicator as part of their pricing proposal. The following market indicator is an example of one that can be used for professional services:

For professional services, the most commonly used market indicator is the Bureau of Labor Statistics Employment Cost Index (ECI), Table 5:

Compensation – Not Seasonally Adjusted – Employment Cost Index for Total Compensation, for Private Industry Workers, by Occupational Group and Industry. Offerors may access the current BLS ECI at www.bls.gov, and searching for “ECI” or “Employment Cost Index.”

When proposing economic price adjustments based on an agreed-upon market indicator, offerors are advised to identify the occupational group or industry that is most relevant to the services proposed by the Offeror.

(vi) Travel will be handled in accordance with clause C-FSS-370 Contractor Tasks/Special Requirements. Costs for transportation, lodging, meals and incidental expenses are allowable subject to the limitations contained in the Federal Travel Regulations and/or Joint Travel Regulations. These costs should not be included in proposed prices, as they are to be coordinated at the ordering agency level.

(vii) Complete the Commercial Sales Practices Format in eOffer in accordance with the instructions provided. Provide a rationale for the given estimate of GSA contract annual sales. Under 1a, “General Public” refers to all commercial sales to include Sub to Prime relationships.

Any deviation from the Offeror's commercial sales practices must be explained, including the specific circumstances and frequency of the deviations under Item 4b of the CSP. Deviations disclosed but not clearly and fully explained will be considered unacceptable and may result in the offer being rejected. This is not an opportunity to propose differing terms and conditions than those incorporated in this solicitation but rather an opportunity to demonstrate a specific pricing practice that has occurred resulting in a lower price.

The disclosure of deviations from your commercial standard practices does not result in additional non-triggering events for price reductions. In accordance with 552.238-75 paragraph (d), there are only four scenarios under which a price reduction will not be triggered.

(viii) To determine fair and reasonable pricing, the GSA contracting officer may consider many factors, including pricing on competitor contracts, historical pricing, and currently available pricing in other venues. Offers that propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted.

(ix) Service Contract Labor Standards (SCLS): Applicable to this solicitation (Service Contract Act 52.222-41, and related clauses 52.222-42, 52.222-43, and 52.222-49)

1. The Service Contract Labor Standards (SCLS) applies to all nonprofessional services to be provided under this Schedule except for any pricing offered for services outside of the United States.