70RFP222REC000005 - Amendment 0001 - Attachments Embedded.pdf

(x)

70RFP222REC000005

x x

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 telegram 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 telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Philadelphia PA 19106 Attn: Christopher Kelly

OPO/FPS/EACCG/R11/B

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/East CCG/Region 11/Group B

Philadelphia PA 19106 701 Market Street, Suite 3200

70RFP2

Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

FPS EAST CCG DIV 2 ACQ DIV(70RFP2)

06/03/20220001

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

06/03/2022

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 date, 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.)

A. The purpose of this amendment is to incorporate a revised CBA and extend the submission date for questions.

B. CBA-2022-97 is deleted and replaced with the attached CBA-2022-272 (covers MD0778 &

MD0056)

C. This amendment revises the submission of questions date to June 16, 2022, no later than

1000 AM Eastern Standard Time (EST).

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)

Nicholas Milillo

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

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 .

TEL: EMAIL: 215-521-3103 nicholas.milillo@fps.dhs.gov

6/6/22, 2:07 PM SAM.gov https://sam.gov/wage-determination/cba/agreement/70925/document 1/2

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210

| Wage Determination No.: CBA-2022-272

Diane Koplewski Division of | Revision No.: 0

Director Wage Determinations| Date Of Last Revision: 06/06/2022

State: Maryland

Area: Prince George's

6/6/22, 2:07 PM SAM.gov https://sam.gov/wage-determination/cba/agreement/70925/document 2/2

Employed on FPS EAST CCG DIV 2 ACQ DIV contract for Protective Security Officer (PSO) Services at Census Bureau, 4600 Silver Hill Road, Suitland, MD (MD0778) &

National Records Center, 4205 Suitland Road, Suitland, MD (MD0056).

Collective Bargaining Agreement between contractor: Golden SVCS, LLC, and union: Union Rights for Security Officers (URSO) Local , effective 03/08/2022 through 03/08/2025.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the

Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

ARTICLE XXXI-INTEGRATION

Section 1: This Agreement constitutes the sole Agreement between the parties and contains all the covenants, stipulations and provisions agreed upon by the parties, and supersedes any prior or established practices or agreements of any kind. In the administration or interpretation of this Agreement, the Company shall not be held bound to any statement, practice, understanding or agreement unless such has been specifically reduced to writing and made part of the Agreement.

Section 2: This Agreement can be modified, amended, added to or subtracted from by an instrument in writing signed by a Member of the Company and the Union.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this

Agreement, this 8th March 2022.

Golden SVCS, LLC

Michelle Martin, Senior Vice President

Date

Union Rights for Security Officers ley Hutchi s, President

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ana Hargrove, Chief Administrator

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Carlos Harley, Chief Shop Steward

Christopher Smith, Shop Steward

36 IP age

March 8, 2022

03/08/22

Golden SVCS, LLC

Michelle Martin, Senior Vice President

Union Rights for Security Officers ley Hutchi s, President

3 ,.DtJ-2D22 a ana Hargrove, Chief Administ

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Carlos Harley, Chief Shop Steward

Christopher Smith, Shop Steward

40 IP age

March 8, 2022

03/08/22

03/09/2022

Cover Page CBA-2022-272

FINAL Census Bureau_Records Ctr CBA (URSO-GOLDEN) 03.08.22 to 03.08.25

RFP 70RFP222REC000005, PSO Services in Suitland Maryland (MD)

SOLICITATION PROVISIONS

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS-

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

The US Department of Homeland Security (DHS), Office of Procurement Operations, Federal Protective Service (FPS) is issuing this competitive request for proposals (RFP) to solicit offers for the purpose of awarding a contract to provide the services described herein. DHS/OPO/FPS (the Government) will conduct this acquisition using the procedures of Part 12 of the Federal Acquisition Regulations.

As indicated in block 8 of the SF1449 Proposals are due no later than 9:00 AM Eastern Standard Time, June 22, 2022 unless extended via an amendment to this RFP.

Submissions shall be made via email to: Christopher.Kelly@fps.dhs.gov and Nicholas.Milillo@fps.dhs.gov.

Any proposal received after the exact time for receipt of proposals specified above will be deemed “late” and will be considered only in accordance with the provisions set forth under FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, paragraph (f).

By submitting a proposal, the Contractor agrees to comply with all terms and conditions set forth in this RFP, including the Statement of Work (SOW).

FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) (Tailored)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. In addition to price, the following technical evaluation factors shall be used to evaluate offers and are listed in descending order of importance.

Relevant Past Performance

Management Approach

The technical evaluation factors, when combined, are more important than price.

In considering the relevance of an offeror’s past performance, the Government reserves the right to evaluate submitted projects individually or in the aggregate in order to determine relevance and will do so consistently across all evaluated offers. If subcontractor past performance is provided, the subcontractor past performance will be given weight proportional to the scope, magnitude and complexity of the aspects of the work under the solicitation for which the subcontractor is proposed. The Government reserves the right to obtain information for use in

February 2022 Version mailto:Christopher.Kelly@fps.dhs.gov mailto:Nicholas.Milillo@fps.dhs.gov the evaluation of past performance from any and all sources including sources outside of the Government. Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance. However, the proposal of an offeror with no relevant past performance history, while not rated favorably or unfavorably for past performance, may not represent the most advantageous proposal to the Government. The Government will consider the quality of an offeror’s past performance. This consideration is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the offeror’s relevant past performance will be used as a means of evaluating the relative capability of the offeror and other competitors to successfully meet the requirements of the RFP. In determining the rating for the Past Performance evaluation factor, the Government will give greater weight to the contracts or efforts which are determined to have greater relevance to the RFP. An offeror whose past performance demonstrates either a low expectation or no expectation that the offeror will be able to successfully perform the required effort may not present the best value to the Government.

The Government reserves the right to award the contract to other than the lowest priced offeror.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all ordering periods (including the 6-month optional ordering period available under FAR 52.217-8). The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Proposal Evaluation Information

Non-price factors, when combined, are more important than price. However, the Government contemplates the possibility that it may identify an offer(s) of such a high technical quality that it would not be in the Government’s interest to pay an additional price premium for any additional technical (non-price) advantage. As a result, offerors are advised that the Government may not evaluate the technical proposals of all offerors under this RFP. The Government will first review the total evaluated price of all proposals received. The technical proposals of those offerors whose pricing is determined by the Contracting Officer to be most competitive may be reviewed prior to, or instead of, other technical proposals received. Based on the initial review of these technical proposals, the Government may not evaluate the technical proposals of other offerors, whose total evaluated pricing was higher than that of one already evaluated and already assigned the highest possible technical adjectival rating. This would occur when the Contracting Officer determines that one or more of the technical proposals already reviewed is of such a level of quality that it would not be in the interest of the Government to incur cost beyond the price of the technical proposals already reviewed.

Proposal Submission Requirements

1. Standard Form 1449, Solicitation/Contract/Order for Commercial Items – When responding to this RFP the Contractor must use the Standard Form 1449 as a cover page to the proposal.

2. Proposals shall be comprised of TWO (2) separate electronic files. The first file shall contain one (1) copy of the technical (non-price) submission. The second file shall contain one copy of the pricing submission and all other documents required by the solicitation (e.g., SF 1449, Pricing Schedule, Price Element Breakdown, Disclosures, Representation & Certifications, Subcontracting Plan (if applicable), etc.). Both of these files should clearly identify the RFP for which it is being submitted. The Price Element Breakdown shall be submitted in Excel Format. Vendors are reminded to submit files one and two via email to both Christopher.Kelly@fps.dhs.gov and Nicholas.Milillo@fps.dhs.gov. Proposal submission containing links to SharePoint or similar sites will not be accepted.

3. Page Limitation-Excluding the cover page, table of contents, past performance project forms (attachment 3), past performance questionnaires (attachment 4), teaming agreement, teaming narrative or narrative demonstrating an affiliate’s meaningful involvement, the technical proposal (covering all non-price factors) is limited to ten (10) pages in at least 12pt. font and 1” margins. Pages in excess of this limitation will not be evaluated. The pages excluded from evaluation will be at the discretion of the Agency

4. Contractors are informed that it is the Government’s desire to make award on initial proposals when deemed possible by the Contracting Officer, however the Government reserves the right to communicate and/or negotiate with offerors if later determined necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

5. Proposals shall specify the offer expiration date. Offerors shall hold their offers valid for 150 days after the solicitation closing date, unless requested to further extend it by the Contracting Officer.

(End)

Technical Proposal (Non-price factors) – The Government shall incorporate all elements of the successful Contractor’s technical proposal (in full or by reference), except for Relevant Past Performance information, into any contract resulting from this RFP. The Contractor is required to submit the following technical (non-price) information:

1. Relevant Past Performance:

The Contractor is provided an opportunity to demonstrate relevant past performance on contracts currently being performed or performed within the past three (3) years. The Government will determine relevance by analyzing the “scope”, “magnitude” and “complexity” of the reference contracts and comparing them to the instant requirement. The Government reserves the right to evaluate submitted projects individually or in the aggregate in order to determine relevance and will do so consistently across all evaluated offers. The Government will consider the quality of the Contractor’s relevant past performance. The Government reserves the right to use any and all of the information available to include the contractor’s proposal, the past project forms submitted with the proposal, the past performance questionnaires submitted on behalf of the contractor, CPARS assessments, close at hand information and any other source to determine relevancy of projects and quality of performance by the offeror.

Reference Contracts:

a. The Contractor may submit up to a maximum of three (3) contracts for evaluation. The Government reserves the right to obtain information from sources other than those identified by the Contractor. The Government reserves the right to utilize any and all information on the Past Project Form including but not limited to hours, dollars, number of posts, number of PSOs as well as the Past Performance Questionnaires and CPARS Assessments to determine magnitude.

b. If a teaming arrangement is being proposed, refer to Notes #1 and 2 below for additional proposal submission requirements.

c. The Contractor may submit reference contracts performed by an affiliate. In order to receive credit for the past performance of an affiliate, the contractor must clearly demonstrate in its proposal that the affiliate will have meaningful involvement in the solicited requirement.

Refer to Note #3 below for additional proposal submission requirements.

Past Project Form. The Contractor shall complete a Past Project Form (Attachment 3) for each reference contract submitted.

Past Performance Questionnaires.

a. Past Performance Questionnaires (Attachment 4) may be submitted for each reference contract.

b. If the Contractor chooses to submit a Past Performance Questionnaire (Attachment 4) for any of its reference contracts, it shall forward the Past Performance Questionnaire to a cognizant representative of the customer organization that purchased the services from your company to provide feedback (e.g. Project Manager, Contracting Officer’s Representative). The Contractor shall instruct the customer representative to complete the questionnaire and return it, by the RFP submission due date, directly to Christopher Kelly by email at Christopher.Kelly@fps.dhs.gov. The Contractor is responsible for ensuring its customer reference returns the questionnaire to the Agency if it wishes the Agency to consider the questionnaire in its evaluation. The Agency is not obligated to follow-up with references to locate questionnaires that have not been received from customers other than FPS. The Agency may decline to reach out to FPS customers who have not returned a questionnaire if an assessment for the most recently completed performance period is resident in the Contractor Performance Assessment Reporting System (CPARS) for the reference contract.

*Important Notes for Relevant Past Performance:

1. Where a teaming arrangement (as defined at FAR Subpart 9.6) is proposed, an additional maximum of up to three (3) projects for partner(s)/subcontractor(s) may be submitted. Thus, a maximum of no more than six (6) projects (3 for the prime and 3 for the subs or other partners) may be submitted in total. (Note for Joint Ventures: For Joint Ventures, a maximum of up to 6 projects may be submitted in total from the JV and JV partners (no more than 3 projects may be submitted for any one entity, JV or JV partner)).

2. Where a teaming arrangement is proposed, a narrative and/or the actual Teaming Agreement, if one exists, shall be submitted as part of the proposal by the managing partner of the joint venture or the prime contractor. The Government is interested in the roles, responsibilities, and distribution of effort (by type and percentage) between the parties in performance of the Government’s requirement and this narrative may enhance the Government’s understanding of your proposal. If subcontractor experience is provided, the subcontractor experience will be given weight relative to the scope, magnitude and complexity of the aspects of the work under the solicitation that the subcontractor is proposed to perform. Therefore, the offeror’s proposal shall detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform. It is the offeror’s responsibility to adequately explain the relevance of a reference provided for a subcontractor’s past performance to the effort that the subcontractor is proposed to perform under the solicitation. Be sure to consider the portion of effort proposed to be performed by partners or subcontractors in determining the most relevant references to submit.

This narrative and/or Teaming Agreement will not count against the stated page size limitation.

If the Contractor fails to submit a narrative and/or the actual Teaming Agreement or if it lacks sufficient detail, the Agency, at its discretion, may decline to consider the past performance record of the teaming partner in the past performance evaluation.

3. In order to receive credit for the past performance of an affiliate, a separate narrative shall be submitted as part of the proposal clearly demonstrating that the affiliate will be meaningfully involved in performance of the solicited contract. That is, the resources of the affiliate, (e.g., workforce, management, facilities, or other resources that demonstrably contributed to the affiliate’s performance on the submitted project(s)) will be provided or relied upon by the Contractor for contract performance on the solicited requirement to an extent that warrants attribution of the affiliate’s past performance to the offeror. While there may be multiple ways to demonstrate meaningful involvement, generally reach back capability to the affiliate’s or common parent’s resources alone does not establish meaningful involvement. The Agency will not consider an affiliate’s record where that record does not bear on the likelihood of successful performance by the offeror. The narrative must also describe in detail, and with specificity, the relationship between the offeror and the affiliate as well as the current status of the affiliate as a going concern. If the offeror purchased or merged with the affiliate, state the date of purchase/ merger and the affiliate’s personnel and resources that were retained by the offeror after the purchase/merger. The Agency will assess the narrative to determine whether, and to what degree, to attribute the affiliate’s past performance to the offeror. This narrative will not count against the stated page size limitation. If the contractor fails to submit a narrative or if the narrative lacks sufficient detail to establish meaningful involvement by the affiliate, the Agency, at its discretion, may decline to consider the past performance of the affiliate in the evaluation.

Notwithstanding, because the meaningful involvement of an affiliate goes to the relevance of the affiliate’s past performance projects to the evaluation, the Agency reserves the right, at its sole discretion, to conduct exchanges with an offeror or offerors, as necessary and appropriate, pursuant to FAR 15.306, concerning its relationship with the affiliate or the affiliates proposed involvement in the solicited requirement.

Note: This section does not apply to any entity identified in the proposal as a teaming partner, subcontractor, joint venture member, etc., in accordance with Past Performance section 1(b).

The roles of such entities must be described in accordance with Note 2 above. Further, Note 1 does not apply to entities described in this section. That is, this section does not increase the number of past performance projects that may be submitted by the offeror. Additionally, where meaningful involvement of the affiliate(s) has not been established, the Agency has no obligation to evaluate the past performance of affiliates, other than the affiliate project(s) submitted as part of the proposal.

2. Management Approach:

FPS desires that offerors provide management strategies and proposed solutions demonstrating how they will result in better value to the government. In response to this Evaluation Factor, offerors shall address Quality Assurance and Staffing.

A. Quality Assurance:

1. Offerors shall describe how they will provide effective oversight of PSOs under this effort by its Contract Manager, Onsite Supervision and Quality Control to ensure security personnel are meeting all requirements of the contract and by extension the SMART book and Post Orders. At a minimum, offerors shall specifically address each of the following topics: how they will ensure PSOs are alert and attentive on all shifts (to include the night shift), not on personal electronic devices, are uniformed, equipped and groomed/shaved in accordance with the contract, understand their post orders and adhere to CDC guidelines in relation to the COVID-19 pandemic.

In addition, offerors shall address what training they will provide to its supervisory PSOs and PSOs under this effort over and above the SOW requirements to ensure a high performing security workforce.

B. Staffing:

1. Staffing Plan.

a. The Washington DC area marketplace for security personnel is facing a personnel shortage given the demand for these services in the area which has been further exacerbated by the COVID-19 pandemic and possible federal vaccine mandates. Currently, many PSOs in this area work for more than one security company and may possibly work for more than 12 hours a day which is a violation of the FPS PSO services contract terms. With the implementation of the FPS Post Tracking System (PTS) which will prevent PSOs from exceeding this 12-hour limitation, a potential worsening of the COVID-19 pandemic, and the possible implementation of federal vaccine mandates, you are required to address, at a minimum, each of the following: how you will retain personnel under this effort; how you will recruit new security personnel under this effort (not currently working as PSOs on other FPS contracts); and how you will address potential labor shortages.

Notice to Offerors: Submission of information under the “Management Approach” factor in response to the solicitation does not take the place of or otherwise diminish the successful contractor’s requirement to submit detailed related contract deliverables (e.g., Transition Plan, Quality Control Plan, etc.) after contract award. Rather, the information provided in response to this factor should be detailed enough (without exceeding prescribed page limitations) to present the offeror’s strategy and/or innovative solutions to delivering the highest quality security services in full compliance with all contract requirements. After award of the contract, the successful contractor's Management Approach will be incorporated into the contract.

Notwithstanding this incorporation, the successful awardee will be required to submit detailed contract deliverables which not only provide greater detail than what is provided with the quote or proposal, but also fully delineates the planned implementation of the promised approach(s) and plans for communicating results to the COR throughout contract performance.

Price Proposal

1. The Government shall have the unilateral option of extending the services of this contract for an additional six (6) months at the end of the performance period in accordance with FAR 52.217-8. The Government will evaluate offers for award purposes by adding the total price for all ordering periods to the total price for the 52.217-8 option. To account for the option periods possible under 52.217-8 (maximum of six months), Options to Extend Services, the Government will evaluate the option to extend services by adding six months of the offeror’s final ordering period price to the offeror’s total price. This amount will be the total evaluated price. Prices for the ordering periods and the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s period of and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding ordering period. The Government will determine whether the price, inclusive of the option under 52.217-8, is fair and reasonable, and whether the price of the ordering periods and the option period represented by FAR 52.217-8, in combination with the other evaluation factors specified in the solicitation, represents the best value to the Government.

2. Using the Pricing Schedule, the Contractor must submit unit prices and extended prices (i.e., Unit Price x Estimated Quantity) for every line item listed under each ordering period (not including the 6-month option available under FAR 52.217-8). The Contractor must also provide a Total Estimated Price for each ordering period (i.e., the sum of all line items within that performance period). Contractors submitting partial pricing information shall be ineligible for award. The unit price prevails if a discrepancy exists between the unit price and the extended price.

3. The minimum wage rates and fringe benefits applicable to this contract are outlined in the attached Department of Labor (DOL) prevailing wage determination and/or the predecessor contractor’s Collective Bargaining Agreement (BA). For purposes of proposal preparation, where a predecessor contractor’s CBA applies, the minimum wages and fringe benefits of the predecessor contractor’s CBA corresponding to the initial period of performance of this contract shall be regarded as applicable to all additional period of performance under this contract. A list of all service employees including anniversary dates currently on the incumbent Contractor’s (or subcontractor’s) payroll is provided as Attachment #10.

4. The Contractor shall also provide a detailed breakdown of its proposed unit prices for each contract line item.

A. At a minimum the breakdown should clearly and adequately identify:

(1) Elements in the proposed unit prices that are associated with the quality assurance and staffing as well as other advantageous aspects proposed under the Management Approach factor.

(2) Price elements which may be subject to escalation under FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts). Examples of such elements would include, but are not limited to:

• Anticipated hourly wage rates to be paid

• Health and welfare costs

• Vacation and holiday pay

• Unemployment insurance

(3) Price elements associated with providing the services described in the Statement of Work including, but not limited to: supervision (if not separately priced), PSO relief, uniforms, weapons, ammunition, training, drug testing, licensing and permits, taxes, range practice, overhead and general and administrative costs, etc.

B. To ensure the submission of an adequate price element breakdown for purposes of this RFP, the Government suggests that the Contractor complete the attached worksheets, “Price Element Breakdown” (Attachment 6) for both PSOs and Supervisors. Attachment (6A) provides instructions for completion of the worksheet. The worksheet serves as a proforma for the expected format of the price element breakdown.

C. The Government may use these breakdowns to conduct a price realism evaluation for the purpose of measuring the Contractor’s understanding of the solicitation requirements and for assessing the performance risk inherent in the Contractor’s price. In addition, the proposed rates/elements subject to escalation under FAR 52.222-43 as shown in the PSO breakdown may be used in conjunction with submitted payroll records when evaluating price adjustment requests presented by the Contractor.

5. The Contractor’s price shall be inclusive of all the Contractor’s direct costs, indirect costs and profit and shall include all costs associated with providing the services described in the Statement of Work, the Post Exhibits and the Contractor’s technical proposal.

6. Prices (for the ordering periods including the 6-month option available under FAR 52.217-8) will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the RFP and as proposed in the technical submission.

7. The Contractor is cautioned that its proposal may be rejected if it is found to be materially unbalanced in any of the ordering periods. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated.

8. The Government shall not be responsible for compensating the Contractor for any costs tied to solicitation requirements but not factored into the proposed prices, either by the Contractor’s intention or by mistake.

9. Prior to award the Contractor may be required to furnish the following information to establish the company’s financial responsibility in accordance with FAR 9.104-1:

A. The last three years of audited financial statements (includes balance sheet, income statement, and statement of cash flows). Unaudited financial statements may be requested if audited do not exist. The Contractor may be requested to provide written confirmation that the provided financial statements include disclosure of all off-balance sheet arrangements and related party transactions as defined as follows:

• Off-balance sheet arrangements may involve, but are not limited to, unconsolidated, non-independent, limited purpose entities, often referred to as structured finance or special purpose entities. These entities may be in the form of corporations, partnerships, limited liability companies, trusts, structured finance entities or other types of agreements, relationships or understandings. These entities may be used to provide financing, liquidity, market risk or credit support, or involve leasing, hedging, and/or research and development services.

• Related party transactions are defined in Statement of Financial Accounting Standards No. 57, Related Party Disclosures, and include, but are not limited to, transactions between any organizations, divisions, subdivisions, or affiliates under common control.

B. The last two quarters of filed payroll tax returns (Federal Tax Return Form 941) and evidence of payment. (Evidence of payment may include copies of canceled checks, receipts from the bank, receipts from electronic fund transfers, and/or similar information from an external payroll service). If unpaid payroll taxes are owed to the Internal Revenue Service (IRS), provide any agreements with IRS to make timely payments and evidence those payments are being made.

Notice of Award

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Questions

The Contractor is requested to submit any questions regarding this requirement via email as soon as possible but no later than 10:00 AM Eastern Standard Time, June 16, 2022 to Christopher.Kelly@fps.dhs.gov and Nicholas.Milillo@fps.dhs.gov. Prospective contractors may contact the Government while preparing a proposal in order to obtain clarification of the statement of work or to obtain other information needed to prepare a proposal. Any clarifying information issued by the Government will be provided to all prospective contractors.

FAR 52.212-3 Offeror Representations and Certifications – COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

mailto:Nicholas.Milillo@fps.dhs.gov https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended,"Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger).

The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women;

and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror http://www.sam.gov/ https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/4.1201#FAR_4_1201

The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in

13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror

The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that…