Sol No. 693JF721R000024 Amendment 0002.pdf
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693JF721R000024
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1 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 ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY 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 date specified.
x
WASHINGTON DC 20590-0001
693JF7
MAIL STOP W-28-201
1200 NEW JERSEY AVENUE SE
OFFICE OF ACQUISITION MAR-380
US DOT MARITIME ADMINISTRATION
07/06/20210002
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning
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: (a) By completing
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FACILITY CODE CODE
10B. DATED (SEE ITEM 13)
10A. MODIFICATION OF CONTRACT/ORDER NO.
9B. DATED (SEE ITEM 11)
9A. AMENDMENT OF SOLICITATION NO.
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY
PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
06/18/2021
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.
ORDER NO. IN ITEM 10A.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
The purpose of Amendment 0002 is to extend the solicitation response due date, remove the set-aside and language under FAR 52.212-1 Instructions of Offerors-Commercial
Items--Addendum, and change the anticipated contract duration. The revised language is reflected in red font.
LIST OF CHANGES:
Bids due date : 02-JUL-21 changed to 20-JUL-21
Date distributed : 29-JUN-21 changed to 06-JUL-21
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED
(Signature of person authorized to sign) (Signature of Contracting Officer)
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
Previous edition unusable
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .
Solicitation No. 693JF721R000024 Page 2 of 26
SECTION 1 – STANDARD FORM (SF) 30 – Amendment of Solicitation cont.
STATEMENT OF WORK
Organization
The Maritime Administration (MARAD)/U.S. Merchant Marine Academy (USMMA) is a federal service academy that educates and graduates licensed Merchant Marine officers of exemplary character who serve America’s marine transportation and defense needs in peace and war.
Project Background
The U. S. Merchant Marine Academy (USMMA) seeks barber and beautician services for 1000 midshipmen and 240 faculty and staff. (Note: Barber & Beautician technicians may provide services for approximately 130 midshipmen and 100 staff which are women).
Period of Performance
The Contractor gaining the award shall provide all equipment and personnel necessary to cover the services. A concessionaire contract shall cover a base period, from date of award through 12 consecutive months, and four (4) options that allow the Government to unilaterally extend the contract period for 12 months each.
The options will be available upon concurrent agreement between the contractor and the Government.
Exercising an option period will be strictly based on service, quality and performance feedback. Each option period is subject to the availability of funds.
Anticipated Contract Durations are as follows:
Base Period - August 01, 2021 to July 31, 2022 Option Period 1 - August 01, 2022 to July 31, 2023 Option Period 2 - August 01, 2023 to July 31, 2024 Option Period 3 - August 01, 2024 to July 31, 2025 Option Period 4 - August 01, 2025 to July 31, 2026
Note: If the Proposed due date is extended for any reason, then the performance period dates for the Base Period and Option years will be adjusted accordingly upon contract award.
Scope of Work
The Barber and Beautician services will be offered to Midshipmen, faculty, and staff. The support services shall include one (1) Barber and one (1) Beautician.
Beautician
Duties and Responsibilities
• Communicates with clients to provide the requested services
• Discusses hair, skin and nail care methods with customers
• Washes and conditions hair prior to cutting or styling
• Cuts and styles hair
Solicitation No. 693JF721R000024 Page 3 of 26
• Colors hair
• Applies chemical solutions in the form of permanents and relaxers to hair as part of the styling process
• Provides effective solutions for common issues concerning hair, scalp, nails and skin
• Discusses various style options with clients
• Keeps work areas completely clean and sanitized
• Restocks shelves and supplies
• Keeps records of hair color and nail color used by each customer at past visits
Required Knowledge, Skills and Abilities
• Must have outstanding people skills to handle the specific needs of individual clients and customers
• Should be highly creative and have a firm understanding of tried-and-tested techniques that are still in use today
• Must possess physical stamina and must have the manual dexterity required to wield scissors, razors and other implements
• Thorough knowledge of hair styles, hair care products and related procedures
• Excellent interpersonal, communication and customer service skills
• Physical mobility, able to stand for prolonged periods of time
• Must possess solid time-management and organizational skills as well as in-depth knowledge of various beauty products, their ingredients and how these ingredients can affect the clients
• Must be able to present a calm and pleasant demeanor to clients despite any personal problems
• Must be capable of tactfully and respectfully dealing with rude, difficult and unreasonable clients
Education and Qualifications
• High School Diploma or GED preferred
• Certificate confirming the completion of a hairstyling or cosmetology program
• Hands-on training necessary as part of a certificate program as well as on-the-job training
• Preferred one (1) year of experience
• Persons who possess the necessary professional licensed credentials as prescribed by the State of New
York for the type of employment engaged upon
• Valid license issued by the state of residency to practice
• License shall be displayed always while the personnel are present
Barber
Duties and Responsibilities
• Cut, shape, trims, and taper hair, using clippers, comb, blow-out gun, and scissors
• Apply lather and shave beard and shape hair contour (outline) on temple and neck, using razor
• Cut, shampoo, comb and style hair as requested. Shave clients, trim beards and mustaches, manicure nails, arch eyebrows, give scalp treatments, and apply facials.
• Employ only persons who possess the necessary professional licensed credentials as prescribed by the State of New York for the type of employment engaged upon. Licenses shall be displayed always while the personnel are present
• Sort and inventory soiled linens for laundry and count and store clean linens
• Schedule appointments, maintain records of work performed, and inventory equipment and supplies
Solicitation No. 693JF721R000024 Page 4 of 26
• Requisition equipment and supplies and perform repair and maintenance work on tools and equipment
• Supervise the work of others
• Massage neck, face and scalp
• Check clients scalp and hair for visible disorders such as sores, abrasions diseases which might interfere with requested barbering services
• Consult with clients on matters pertaining to their hair care needs
• Maintain combs in solutions and sanitize equipment in chemical or physical agent
• Responsible for the upkeep and cleanliness of designated work station and shop
• Make necessary preparations for shampoo and towels to be used to minimize delay of customer service
• Perform related work as assigned
Required Knowledge, Skills and Abilities
• Must have outstanding people skills to handle the specific needs of individual clients and customers
• Should be highly creative and have a firm understanding of tried-and-tested techniques that are still in use today
• Must possess physical stamina and must have the manual dexterity required to wield scissors, razors and other implements
• Must possess solid time-management and organizational skills as well as in-depth knowledge of various beauty products, their ingredients and how these ingredients can affect the clients
• Must be able to present a calm and pleasant demeanor to clients despite any personal problems
• Must be capable of tactfully and respectfully dealing with rude, difficult and unreasonable clients.
Education and Qualifications
• High School Diploma or GED preferred
• Certificate confirming the completion of a barber or cosmetology program
• Hands-on training necessary as part of a certificate program as well as on-the-job training
• Preferred one (1) year of experience
• Persons who possess the necessary professional licensed credentials as prescribed by the State of New
York for the type of employment engaged upon
• Valid license issued by the state of residency to practice
• License shall be displayed always while the personnel are present
Task Requirements
General Tasks
• Operate a barber shop and beauty shop for the use of the USMMA midshipmen in a business-like manner, using established practices for such retail operations co-located on federal property
• Use of the physical spaces the Academy midshipmen provides which are designed and built ready for the beauty and barber shop services. This includes furniture, decor, four barber chairs, tables, benches and mirrors
• Provide the tools and supplies for the operation of the barber shop and the beauty shop, such as electric clippers, scissors, tonics, razors, blades, aprons, towels, neck strips, clips, lather, lather machines, brooms, dust pans, detergent, sterilizer, blowers, combs, brushes, consumable supplies, hair dryers, etc. required to satisfactorily cut hair.
Solicitation No. 693JF721R000024 Page 5 of 26
• Haircuts performed will adhere to the personal appearance requirements for male and female midshipmen
• Provide retail men 's and women's barber and beauty shop services to civilian and uniformed Academy midshipmen faculty and staff, as well as for other authorized patrons as determined by MARAD’s policy, on a market demand basis
• The contractor's representatives, agents, and/or employees are not agents of the United States Department of Transportation (DOT), the Maritime Administration, the U.S. Merchant Marine Academy midshipmen, the Superintendent or any other employee of the USMMA
Performance Environment
Performance of this requirement is in an environment that is fast-paced and completing multiple tasks.
The Contractor shall fulfill physical lifting and endurance requirements associated with assigned tasks.
The Contractor shall provide standards and Dress Codes for work clothing/uniforms, and be clean and neat in appearance. Contractor shall attend required training associated with job responsibilities.
Performance Evaluation Meetings
The Contractor shall be required to meet with the COR and/or the CO as determined necessary by the COR or CO. The contractor may request a meeting whenever the need arises. The Contractor shall prepare minutes of the meeting and submit as an Action Memorandum for review and acceptance by the Government. The written minutes of these meetings shall be signed by the Contractor. In the event the Government non-concurs with the meeting minutes, the Contractor will be so advised and additional communications must be conducted until resolution of the meeting minutes is resolved. The meeting minutes are due within five (5) business days after the meeting.
Place of Performance
The services shall take place at:
DOT/Maritime Administration (MARAD) USMMA/Basement of Cleveland Hall 300 Steamboat Road Kings Point, NY 11024
Hours of Operations and Contract Holidays
Normal Schedule
One (1) Barber is required to perform under the normal work schedule. The normal work schedule for one
(1) Beautician will be at the discretion of the USMMA POC/COR.
Work Schedule: Monday, Wednesday and Friday (minimum 3 days per week) Work Hours: 1000 to 1800 (10:00am to 6:00pm) (Note: No less than 24 hours per week)
Peak Schedule – Special Event(s)
Approximately the 1st week of July every year, four (4) Barbers and one (1) Beautician will be required for the induction of the incoming class of approximately 300 personnel.
Solicitation No. 693JF721R000024 Page 6 of 26
Work Schedule: Number of days/hours to be determined Work Hours: To Be Determined by Academy POC
Note: The normal and peak work schedule considers when Midshipmen are in class, on liberty or leave.
Peak demands are when freshmen report to campus for indoctrination in early July, when Midshipmen return from leave periods in November and March, and other instances when coverage might be necessary after normal hours to address regimental hair cut requirements.
Holidays
• Services are not required during Federal holidays (see www.opm.gov)
• When there is a reduction or when Midshipmen are not present, services will not be required which is approximately four weeks per year. (Note: This is not by a specific date but depends on the academic schedule)
• The Government reserves the right to adjust the number of days and hours when services are not required depending on the changing academic schedule.
Work Area Cleaning
Facilities & Furniture Inspection/Maintenance/Safety
• Cleanliness of the assigned space, furniture, fixed equipment and all janitor and porter services
• The premises that should be available and kept clean, orderly, and attractive and in excellent sanitary condition to the satisfaction of the Academy midshipmen administration
• Facilities and services that are subject to regular and random inspection
• Title to and accountability for all equipment or articles purchased wholly with contractor funds remain with the contractor activity where this property is movable, or where it is so attached to or so integrated with a public structure or land as to be severable without causing unreasonable physical damage or injury to such structure or land
• Making every reasonable effort to reduce the cost to the Academy midshipmen with respect to the procedures utilized to ensure the purchase of items from vendors at fair and reasonable prices using sound procurement practices based upon competitive solicitation of requirements whenever practicable
• Establishing and maintaining a quality assurance program for purchased items through an appropriate inspection system
• At the end of the contract the contractor shall return any furniture furnished by the Academy midshipmen in the same condition as received, less any normal wear and tear.
Government Furnished Property/Equipment/Information
• The Government will provide the Contractor, at no cost, Government-owned services, equipment, material and information to perform the tasks required at the Government site
• Accountability will be maintained using the Government’s applicable Regulations and Policies.
MARAD will provide and maintain suitable facilities for the beauty and barber shop activities to enable efficient contractor operations.
• The barber and beauty shops are adjacent to each other and are in the basement of Cleveland Hall http://www.opm.gov/
Solicitation No. 693JF721R000024 Page 7 of 26
• Accordingly, the Superintendent is authorized to set apart for the use of the contractor any suitable public building, rooms or other Academy midshipmen property. Public buildings, including permanently installed heating, plumbing, and electrical systems and equipment, occupied in part by the contractor will be maintained and repaired by the USMMA out of funds applicable to the maintenance, repair, and operation of the buildings structures, and systems at the USMMA, without reimbursement from the contractor
• If any equipment or articles purchased wholly with contractor funds are to be attached to or integrated with any public structure or land so as not to be severable without causing unreasonable physical damage or injury to such structure or land, legal title to such property shall be vested in the Maritime Administration (MARAD).
• The Academy midshipmen shall pay the contractor for services rendered based on properly documented invoices. Payment shall be made within 30 days of the submission of properly documented invoices
• The Contractor shall not:
o Alter the premises without prior written approval of the Government o Sublet any of the premises that is assigned for execution of this contract without prior written permission of the Government o Remove any furniture that’s being utilized from the Academy midshipmen premises or the approved location without prior written approval of the point of contact and/or Contracting Officer Representative (COR)
Security Requirements
• The Academy midshipmen will conduct at no cost to the contractor standard background security evaluations on all contractor employees, consignees, and other persons to the standards in effect at the time of employment, like those required of regular government employees.
• To the satisfaction of the government each person must be able to obtain and hold an approved background security check to continue to work on Federal property
Solicitation No. 693JF721R000024 Page 8 of 26
MIDSHIPMEN GROOMING STANDARDS
PERSONAL APPEARANCE
The primary consideration is to have a neatly groomed appearance while wearing the academy midshipmen’s uniforms. Grooming standards are based on several elements including neatness, cleanliness, safety, Academy’s midshipmen image and appearance.
The difference between men’s and women’s grooming policies recognize the difference between the sexes; sideburns for men, different hairstyles and cosmetics for women. Establishing identical grooming and personal appearance standards for men and women would not be in the Academy midshipmen’s best interest and is not a factor in the assurance of equal opportunity.
The standards established here are not intended to be overly restrictive nor are they designed to isolate the Academy midshipmen’s personnel from society. The limits set forth are reasonable, enforceable, and insure that personal appearance contributes to a favorable academy’s midshipmen image.
Since it’s impossible to provide examples of every appropriate or unacceptable hairstyle or of ‘conservative’ or "eccentric" grooming and personal appearance, the good judgment of leaders at all levels is key to enforcement of the Academy midshipmen’s grooming policy. Therefore, hair/grooming/personal appearance while in uniform shall present a neat and professional appearance.
HAIR
Men
• Keep hair neat, clean and well groomed. Hair above the ears and around the neck shall be tapered from the lower natural hairline upwards at least 3/4 inch and outward not greater than 3/4 inch to blend with hairstyle. Hair on the back of the neck must not touch the collar
• Hair shall be no longer than four inches and may not touch the ears, collar, extend below eyebrows when headgear is removed, show under front edge of headgear, or interfere with properly wearing military headgear.
• The bulk of the hair shall not exceed approximately two inches. Bulk is defined as the distance that the mass of hair protrudes from the scalp. Hair coloring must look natural and complement the individual
• Faddish styles and outrageous multicolored hair are not authorized. The unique quality and texture of curled, kinked, waved , and straight hair are recognized, and in some cases the 3/4-inch taper at the back of the neck may be difficult to attain.
• In those cases, hair must present a graduated appearance and may combine the taper with a line at the back of the neck. One (cut, clipped or shaved) natural, narrow, before and after part, is authorized
• Varying hairstyles les , including afro, are permitted if these styles meet the criteria of maximum length and bulk, tapered neck and sides, and do not interfere with properly wearing academy midshipmen Midshipmen headgear. Plaited or braided hair shall not be worn while in uniform or in a duty status.
Solicitation No. 693JF721R000024 Page 9 of 26
• Keep sideburns neatly trimmed and tailored in the same manner as the haircut. Sideburns shall not extend below a point level with the middle of the ear, shall be of even width (not flared) and shall end with a clean shaven horizontal line. <Figure 2-2-1> refers. "Muttonchops ", "ship’s captain ", or similar grooming modes are not authorized.
Women
• Hairstyles shall not be outrageously multicolored or faddish, to include shaved portions of the scalp (other than the neckline), or have designs cut or braided into the hair
• Hair coloring must look natural and complement the individuals. Haircuts and styles shall present a balanced appearance. Lopsided and extremely asymmetrical styles are not authorized.
Ponytails, pigtails, widely spaced individual hanging locks, and braids which protrude from the head, are not authorized. Multiple braids are authorized
• Braided hairstyles shall be conservative and conform to the guidelines listed herein. When a hairstyle of multiple bra ids is worn, braids shall be of uniform dimension, small in diameter (approx. 1/4 inch), and tightly interwoven to present a neat, professional, well-groomed appearance. Foreign material (i.e., beads, decorative items) shall not be braided into the hair.
• Short hair may be Dreidel in symmetrical fore and aft rows (corn rowing) which minimize scalp exposure. Corn row ends shall not protrude from the head, and shall be secured only with inconspicuous rubber bands that match the color of the hair
• Appropriateness s of a hairstyle shall also be judged by its appearance when headgear is worn.
All headgear shall fit snugly and comfortably around the largest part of the head without distortion or excessive gaps
• Hair shall not show from under the front of the brim of the combination hat, garrison, or command ball caps. Hairstyles which do not allow headgear to be worn in this manner, or which interfere with the proper wear of protective masks or equipment are prohibited
• When in uniform, the hair may touch, but not fall below a horizontal line level with the lower edge of the back of the collar. With jumper uniforms, hair may extend a maximum of 1-1/2 inches below the top of the jumper collar
• Long hair, including braids, which fall below the lower edge of the collar shall be neatly and inconspicuously fastened, pinned, or secured to the head. No portion of the bulk of the hair as measured from the scalp will exceed approximately 2 inches. <Figure 2-2-2> refers
• A maximum of two small barrettes/combs/ clips, like hair color, may be used in the hair.
Additional bobby pins or rubber bands matching hair color may be used to hold hair in place, if necessary
• Fabric elastics and colored rubber bands/pins are not authorized. Hair ornaments shall not present a safety or FOO (Foreign Object Damage) hazard. Hair nets shall not be worn unless authorized for a specific type of duty
Solicitation No. 693JF721R000024 Page 10 of 26
SHAVING AND MUSTACHES
• Men
The face shall be clean shaven unless a shaving waiver is authorized by the Commanding Officer.
Mustaches are authorized but shall be kept neatly and closely trimmed. No portion of the mustache shall extend below the lip line of the upper lip. It shall not go beyond a horizontal line extending across the corners of the mouth and no more than 1/4 inch beyond a vertical line drawn from the corner of the mouth. The length of an individual mustache hair fully extended shall not exceed approximately inch <Figure> refers. Handlebar mustaches, goatees, beards or eccentricities are not permitted. If a shaving waiver is authorized, no facial/neck hair shall be shaved, neither manicured, styled or outlined nor exceed 1/4 inch in length. Supervisors of individuals with shaving waivers shall actively monitor and ensure treatment regimen is followed.
HAIRPIECES
Wigs or hairpieces shall be of good quality and fit, present a natural appearance and conform to the grooming standards set forth in these regulations. They shall not interfere with the proper performance of duty nor present a safety or FOO (Foreign Object Damage) hazard.
Wigs or hairpieces may be worn by active duty personnel while in uniform or duty status only for cosmetic reasons to cover natural baldness or physical disfigurement. Wigs may be worn by Academy’s midshipmen personnel engaged in inactive duty for training.
• Women
Wigs or hairpieces meeting women’s grooming standards are authorized for wear by personnel while in uniform or duty status
FINGERNAILS
Fingernails shall not extend past fingertips and kept clean
• Women
Fingernails shall not exceed 1/4 inch measured from the fingertip and shall be kept clean. Nail polish may be worn, but colors shall be conservative and complement the skin tone.
Solicitation No. 693JF721R000024 Page 11 of 26
Figure 2-2-1
GROOMING STANDARDS FOR MEN
-- ---- INDICATES SCALP LINE) Sideburns shall not extend below a point level with the middle of the ear , as indicated by line "A". When a mustache is worn it shall not:
Go below a horizontal line extending across the corner of the mouth as indicated by line "B".
Extend more than 1/4 inch beyond a vertical line drawn upward from the corners of the mouth as indicated by line “C “.
Protrude below the lip line of the upper lip as indicated by line "D".
Hairstyle properly groomed shall not be greater than approximately 2 inches in bulk.
Bulk is the distance that the mass of hair protrudes from the scalp. No individual hair will measure more than 4 inches in length.
Solicitation No. 693JF721R000024 Page 12 of 26
Figure 2-2-2
GROOMING STANDARDS FOR WOMEN
Haircuts and styles shall present a balanced appearance. Lopsided and extremely asymmetrical styles are not authorized.
Ponytails, pigtails, widely spaced individual hanging locks, and braids which protrude from the head are not authorized. Multiple braids are authorized.
No portion of the bulk of the hair as measured from the scalp shall exceed approximately 2 inches.
Hair shall not fall below a horizontal line level with the lower edge of the back of the collar as indicated by line
A. When wearing jumper uniforms, hair can extend a maximum of 1-1/2 inches below the top of the jumper collar.
END OF SOW
Solicitation No. 693JF721R000024 Page 13 of 26
SECTION 2 – PROVISIONS
52.252-01 – Provisions Incorporated by Reference (FEB 1988)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://acquisition.gov/far/current/html/FARTOCP52.html
Clause Title Date 52.212-1 Instructions to Offerors-Commercial Items June 2020 52.212-2 Evaluation-Commercial Items Oct 2014 52.214-34 Submission of Offers in the English Language April 1991 52.214-35 Submission of Offers in U.S. Currency April 1991
Provisions Incorporated by Full Text
52.212 -1 Instructions of Offerors-Commercial Items—Addendum (June 2020)
• Ensure organization is registered in System for Award Management (SAM) www.sam.gov
• Acceptable Offerors
Each offeror must submit mandatory requirements and must be submitted identified as follows:
Proposal packages shall include Technical qualifications and should be filled out, executed and submitted in accordance with the instructions in the invitation [solicitation]. The packages should not exceed 10 pages (Technical & pricing). Offerors must submit proposal and cost/price packages in the English language. Offers received in other than English shall be rejected. The proposals shall not be greater than five (5) pages with a font style and size of Times New Roman 12.
Please utilize the indicated proposal submittal packages to submit an offer and forward the copies to ensure receipt at the office indicated on the Standard Form 1449, Solicitation/Contract/Order for Commercial Items (front page of contract) no later than the date and time indicated.
If an offeror uses its own proposal form or a letter to submit the offer, it may be considered only if, (1) the offeror accepts all terms and conditions of the Request for Proposals (RFP), (2) this acceptance is indicated in writing and, (3) award on the proposal would result in a binding contract with terms and conditions that do not vary from the terms and conditions of the RFP. However, the Representations and Certifications enclosed with the two (2) copies of proposal packages must be completed, as indicated, and returned to the office designated on Standard Form 1449, Block 9, with the written proposal.
o Interested offerors shall submit proposal packages via e-mail.
http://www.sam.gov/
Solicitation No. 693JF721R000024 Page 14 of 26
ATTN: Nicole Price, Procuring Contracting Officer nicole.price@dot.gov;
LaChelle Johnson, Lead Contracting Officer lachelle.johnson@dot.gov o Telegraphic offers (submitted by telegram or mailgram) will not be accepted and any proposal received after the time and date specified will not be considered.
• Late Offers
Offers or modifications of offers received at the address specified for receipt of offers after the exact time specified for receipt of offers in Block 8 of Standard Form 1449 will not be considered.
• Estimated Date of Contract Award
The Government intends to evaluate and award a contract without discussions with offerors. Therefore, the offerors initial offer should contain the offerors best terms from a price and technical standpoint.
However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest and waive informalities and minor irregularities in the offers received.
• Communication
The offeror is instructed to contact only the solicitation Issuing Office for information about any aspect of the solicitation. All communication regarding this solicitation should directed to the Lead Contracting Officer, LaChelle Johnson, at lachelle.johnson@dot.gov and the Procuring Contracting Officer, Nicole Price, at nicole.price@dot.gov . Communication is preferred via email. The offeror must confirm receipt of communication submitted by these methods. The offeror is cautioned against contacting Government technical personnel regarding this solicitation prior to award of this procurement.
ALL QUESTIONS regarding this solicitation must be sent to the Lead CO and Procuring CO via email.
Any questions received after the cut-off dates, the Government will make reasonable attempts to answer.
The Government may not extend the proposal due date because of any questions. Responses to all questions submitted will be posted as an amendment to this solicitation on https://www.betasam.gov/.
• Contract Administration
All contract administration matters will be handled by the following individuals:
ATTN: Nicole Price, Procuring Contracting Officer nicole.price@dot.gov LaChelle Johnson, Lead Contracting Officer lachelle.johnson@dot.gov
52.212-2 Evaluation--Commercial Items – Addendum (OCT 2014)
The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. Strengths, weaknesses, and deficiencies will be used to evaluate and assess the Technical factor.
mailto:nicole.price@dot.gov mailto:lachelle.johnson@dot.gov mailto:lachelle.johnson@dot.gov mailto:nicole.price@dot.gov https://www.betasam.gov/ mailto:nicole.price@dot.gov mailto:lachelle.johnson@dot.gov
Solicitation No. 693JF721R000024 Page 15 of 26
• Factor – Technical
The offeror must submit a written technical proposal for evaluation which provides sufficient provides sufficient information to demonstrate the capabilities to satisfactorily perform the work. The factor must address the following:
(1) Qualifications/Staffing plan (available resources)
(2) Management plan
(3) Identify any potential problems and/or critical issues that relate to the successful completion of providing the services
(4) Past Performance - one (1) relevant reference that displays the same and/or similar services per SOW requirements
Evaluation Ratings Chart
RATING DEFINITION
Excellent
The proposed approach indicates an exceptionally thorough and comprehensive understanding of the program goals, resources, schedules and other aspects essential to the performance of the program. In terms of the specific factor/sub factor, the proposal contains major strengths, exceptional features, or innovations that should substantially benefit the program. There are no weaknesses or deficiencies. There is no relative risk associated with the proposed technical/management approach.
Good
The proposed approach indicates a thorough understanding of the program goals and the methods, resources, schedules, and other aspects essential to the performance of the program. The proposal has major strengths and/or minor strengths, which indicate the proposed approach, will benefit the program.
Weaknesses, if any, are minor and are more than offset by strengths. The relative risk associated with the proposed technical/management approach is very low.
Satisfactory
The proposed approach indicates an adequate understanding of the program goals and the methods, resources, schedules and other aspects essential to the performance of the program. There are few, if any, exceptional features to benefit the program. The proposal has weaknesses that are not offset by strengths. The relative risk associated with the proposed technical/management approach is acceptable.
Marginal
The proposed approach indicates a superficial or vague understanding of the program goals and the methods, resources, schedules, and other aspects essential to the performance of the program. Numerous weaknesses and/or some deficiencies exist which are not offset by strengths. The relative risk associated with the proposed technical/management approach is high.
Unsatisfactory
The proposed approach indicates a lack of understanding of the program goals and the methods, resources, schedules and other aspects essential to the performance of the program. Significant weaknesses and/or deficiencies exist.
The relative risk associated with the proposed technical/management approach is unacceptable.
Solicitation No. 693JF721R000024 Page 16 of 26
Factor - Price
Offerors shall submit a Price List and payment process information (Ex. Cash, Square, CashAPP, Paypal, etc.).
a) Options. Offerors shall submit pricing for (base and all options periods). The Government will evaluate offers for award purposes. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.
Technical is significantly more important than price.
52.212-3 Offeror Representations and Certifications – Commercial Items (JAN 2021)
An offeror should complete the representations and certifications online via www.betasam.gov
(End of Provision)
52.216-1 Type of Contract. (APR 1984)
The Government contemplates award of a Concessionaire contract resulting from this solicitation.
(End of Provision)
52.233-2 Service of Protest (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
Office of Acquisitions (MAR-380) U.S. DOT/Maritime Administration 1200 New Jersey Ave. S.E.
Mail Stop: W28-201 Washington, DC 20590
(a) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision) http://www.betasam.gov/
Solicitation No. 693JF721R000024 Page 17 of 26
SECTION 3 – COMMERCIAL CLAUSES
52.252-02 – Clauses Incorporated by Reference (FEB 1988)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):
Clause Title Date 52.212-4 Contract Terms and Conditions—Commercial Items Oct 2018 52.233-1 Disputes May 2014 52.244-6 Subcontracts for Commercial Items Nov 2020 52.246-2 Inspection of Supplies-Fixed Price Aug 1996 52.246-4 Inspection of Services-Fixed Price Aug 1996
Clauses Incorporated by Full Text
52.212-5 -- Contract Terms and Conditions Required To implement Statutes or Executive Orders— Commercial Items (JAN 2021)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
http://acquisition.gov/far/current/html/FARTOCP52.html https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
Solicitation No. 693JF721R000024 Page 18 of 26
[Contracting Officer check as appropriate.]
__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-3.
__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved] https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4
Solicitation No. 693JF721R000024 Page 19 of 26
__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jun 2020) of 52.219-9
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29
Solicitation No. 693JF721R000024 Page 20 of 26
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).
__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
_X_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40…
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