36C10E19Q0195-0001000.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION

OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADM

INISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and d ate specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 3

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO

MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

VA

00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006 To all Offerors/Bidders

36C10E19Q0195 06-19-2019

X X

The purpose of this amendment is to provide responses to questions from industry, to incorporate a revised Statement of Work, and extend the quotation due date.

SEE CONTINUATION PAGES FOR DETAILS

The purpose of this amendment is to provide responses to questions from industry, to incorporate a revised Statement of Work, and extend the quotation due date.

A. The following industry questions and answers are provided.

In the 1449

1. P. 2, iv. A tiered evaluation process ignores the Supreme Court Kingdomware decision and has no regulatory basis. Could you kindly remove this evaluation process and present this solicitation as a 100% SDVOSB set-aside? If this is not done, we will file a pre-award protest.

Market research for this acquisition demonstrated that the VA Rule of Two was satisfied, and accordingly the solicitation must be set-aside for SDVOSBs. The Contracting Officer has considered the fact that the SDVOSBs identified by the market research have previously submitted prices which significantly exceeded the IGCE leaving a legitimate possibility that award would not be able to be made at a fair and reasonable price. Were this to happen, the Government would need to cancel the solicitation and resolicited. In order to avoid potential re-solicitation delays, and in accordance with VA Policy, the Contracting Officer determined tiered evaluation procedures were appropriate. The tiered evaluation would only be utilized should the Government not receive fair and reasonable pricing under the SDVOSB tier. This very issue was recently examined by the Court of Federal Claims in the context of a preliminary injunction motion, and the Court found no violation of Kingdomware in the agency’s use a cascading system of preferences that places SDVOSBs in the first tier. See Land Shark Shredding, LLC v. United States, 142 Fed. Cl. 301, 311 (2019);

1. P.3, viii. This section states that “fair and reasonable price that offers best value to the U.S. Department of Veterans Affairs” will be part of the evaluation process for SDVOSB quotes. However, 38 USCA 8127(d) states that for SDVOSB set-asides the price should offer ”best value to the United States” rather than the VA. This distinction is important since one of the priorities of the United States is awarding contracts to businesses owned and controlled by Service-Disabled Veterans. Can this section please be amended to reflect the proper legal wording?

It is a priority for the Department of Veterans Affairs to award contracts to SDVOSBs and VOSBs, as evidenced by VA’s unique statutory authority. However, this priority does not relieve the agency of the duty to ensure that award can be made at a fair and reasonable price. The language of 38 U.S.C. § 8127(d) requires that a solicitation to be set-aside if there is a reasonable expectation that two or more verified SDVOSBs or VOSBs will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States, however this language does not indicate that merely because a VOSB submits an offer that offer should be considered to offer the best value to the United States. As the Department of Veterans Affairs is the agency making award, the language in the solicitation is proper.

1. For any SDVOSB contract over the micro-purchase level threshold ($10,000) the offeror must adhere to the Limitations on Subcontracting rules, under which the prime contractor cannot pay a non-similarly situated subcontractor more than 50% of the contract value. As a result, offers from an SDVOSB entity inherently cannot be compared to non-SDVOSB entities’ pricing. When evaluating offers, will the Agency take into account that an SDVOSB offeror must essentially double the price its subcontractor requires or risk violation of the Limitations on Subcontracting Rule?

In terms of evaluation, the agency will evaluate quotes in relation to the terms and conditions set forth within the RFQ. As Limitations on Subcontracting is a material term of the solicitation, yes, an offeror’s ability to comply with this requirement will be considered. Price will be evaluated in accordance with the solicitation.

In the SOW

1. P. 2, 1. Mentions external storage devices, and “tapes, etc.” are mentioned on P.13, 11. While a very limited number of CDs and/or DVDs can be shred along paper (equal to or less than 4% of the total), large quantities of CDs/DVDs or any other type of media must be shred separately so as to not contaminate the paper, rendering it non-recyclable. This means that these types of media must be sorted from the paper and also shredded off site. Could you please clarify what types of media need to be shredded, how it will be presented, the quantities of each type, frequency of service, and how it is to be priced since there is not a separate CLIN for it? Also please confirm that larger quantities of CDs/DVDs and any quantity of other media can be destroyed off site.

See Revised Statement of Work.

The reference identified within paragraph 7.2 pertain to VA Information Custodial Language only.

P.2, a. What does “double shredded” mean?

Double/cross shredded

1. P.2, b. Should it be assumed for pricing purposes that each additional pickup requested would require all 20 containers to be shredded?

No. Contractor shall only empty bins provided at loading dock by the specified time and will only be paid for bins emptied. Changed in SOW (2c).

1. P.2, c. Since this is a firm-fixed price solicitation, for pricing purposes should it be assumed that all 20 shredding bins be presented at the loading dock for shredding each time?

Contractor shall only empty bins provided at loading dock by the specified time and will only be paid for bins emptied. Changed in SOW (2c).

1. P.3, General – since the POP starts July 1st and a background check is required, can service start with an escort if adjudication has not been reached prior to the start date?

Yes.

While they will not physically enter the facility without an escort a background check is required

B. Remove the Statement of Work, dated 6/6/2019 uploaded with the original RFQ and replace with and incorporate the revised Statement of Work, dated 6/14/2019.

See attached document: S02 - 36C10E19Q0195 - Statement of Work - 6.14.19.

C. The quotation due date remains unchanged. Quotations are due no later than June 24, 2019 by 4:00 PM EST.

D. No other changes at this time.