Amendment_0002.pdf

(x)

70RFP319RE3000002

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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 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: Tom Schrank

OPO/FPS/EAST CCG/R3

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security NPPD/FPS/East CCG/Region 3

Philadelphia PA 19106 701 Market Street, Suite 3200

OPO/FPS/EAST CCG/R3

Office of Procurement Operations Federal Protective Service U.S. Dept. of Homeland Security NPPD/FPS/East CCG/Region 3

02/06/20190002

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

01/07/2019

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, ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Federal

Protective Service (FPS) is issuing this competitive request for proposals (RFP) to solicit offers for the purpose of awarding a contract to provide armed Protective Security Officer services for the National Biodefense Analysis and Countermeasures Center (NBACC), Ft.

Detrick, Maryland.

The purpose of this amendment is the following:

1. Provide an updated page 24 under the Statement of Work file.

2. Provide updated pages 17, 49 and 50-51 under the RFP 70RFP319RE3000002 file.

Continued ...

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)

Thomas S. Schrank

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 .

is required to sign this document and return _______ copies to the issuing office.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 7

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP319RE3000002/0002

3. Extend the closing date of the solicitation to

March 01, 2019 at 12:00 EST.

All other terms and conditions remain unchanged.

Period of Performance: 10/01/2019 to 03/31/2025

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

5.8.4 The Contractor shall comply with applicable subsection below as identified by CO;

5.8.4(a) The Contractor shall possess a facility clearance of TOP SECRET prior to submission of proposal or quote.

5.9 Security Clearance Determinations

5.9.1 A security clearance determination is a process, separate and distinct from a fitness determination. Personnel security clearances applications, SF Form 86, Questionnaire for National

Security Positions, are available through the OPM e‐QIP system.

5.9.2 The minimum investigative standards for access to Secret classified information shall be a

National Agency Check with Law and Credit (NACLC).2

5.9.3 The minimum investigative standard for access to Top Secret classified information shall be a

Single Scope Background Investigation (SSBI).

5.9.4 The Contractor shall only submit security packages on prospective employees whose integrity, credit, and character shall meet fitness and security requirements of this contract.

5.9.5 The Government may not be able to complete a satisfactory background investigation on

Contractor Employees not residing in United States for three of the past five years. In such cases, DHS retains right to deem a Contractor Employee as ineligible due to insufficient background information.

5.9.6 The Government may grant interim CONFIDENTIAL or SECRET clearance eligibility as appropriate, provided there is no evidence of adverse information of material significance; exceptions— those agencies with specific security requirements that do not accept interim Secret clearance eligibility, as identified within DD 254.

5.9.6.1 DHS shall not accept interim TOP SECRET clearances.

5.9.7 The Contractor shall notify the COR in writing, via a Visit Authorization Request Letter within five

(5) calendar days of receipt of DSS authorization for employees eligible for assignment to classified areas.

5.9.8 The Contractor shall immediately remove a Contractor Employee from this contract who receives a notice of denied clearance eligibility.

5.9.8.1 The COR shall advise the Contractor that a Contractor Employee shall not work under this contract at those locations which require a security clearance.

5.9.8.2 The Contractor Employee may appeal the denied clearance determination to DSS.

2 While DISCO facilitates adjudication of the NACLC, the FPS personnel security office will concurrently schedule and adjudicate a MBI to make a Moderate Risk Position fitness determination.

Request for Proposal Number 70RFP319RE3000002 Protective Security Officer (PSO) Services at NBACC, Ft. Detrick, MD wage and fringe benefit rates identified in a CBA based wage determination represent compensation for a level of service outside the scope of what FPS is purchasing under this contract. Therefore, post specific premiums will not create a right to a price adjustment.

NOTE: Nothing in this section prevents the contractor from paying standard armed PSOs more than the Standard Armed PSO rate. However, because the government is purchasing only Standard Armed PSO services no other rates will be incorporated into the contract as required minimum wages or fringe benefits.

Therefore, no other rates will give rise to a price adjustment.

Notwithstanding the forgoing, FPS is purchasing the services of Secret and Top Secret/ SCI (TS/ SCI) cleared armed guards. The contractor will be eligible for an SCA price adjustment in accordance with FAR 52.222-43 for rates specific to guards contained in a Wage Determinations based on a CBA.

Notwithstanding the foregoing, this contract will be for Standard Armed PSO services at more than one geographic location. The geographic locations coved by this contract are

Geographic Area Applicable Wage Determination NBAAC Facility, Ft, Detrick, MD CBA-2017-10241

The applicable Standard Armed PSO rates for each geographic area identified in the table above shall be the lowest wage and fringe benefit rates (when combined) identified for the armed PSO position in the corresponding wage determination as identified above.

C. Paid Sick Leave Under 29 C.F.R.§ 13

1. 29 C.F.R. § 13.4(f) CBAs Ratified Prior to September 30, 2016

Under 29 C.F.R. § 13.4(f), the paid sick leave requirements of Executive Order 13706 and 29 C.F.R. § 13 do not apply to employees whose covered work is subject to a collective bargaining agreement (CBA) that is: (1) ratified prior to September 30, 2016;

and (2) the terms of that CBA provides at least 56 hours (or 7 days) of paid sick time, or paid time off, that may be used for reasons related to sickness or healthcare.

Alternatively, if the CBA provides less than 56 hours (or 7 days) of paid sick time or paid time off that may be used for reasons related to sickness or healthcare, the contractor must “top off” the amount of such leave to bring it up to 56 hours or 7 days. The exclusion applies until the CBA terminates or until January 1, 2020, whichever occurs first. 29 C.F.R. § 13 does not require contractors to pay out any unused sick leave.

Offerors are required to comply with both the minimum wage and fringe benefit provisions of the applicable Wage Determination (WD), or CBA, as required by the Service Contract Act (SCA) and the paid sick leave provisions as detailed in 29 C.F.R.

§ 13.4(f). The applicable WD/CBA may contain paid sick leave or paid time off that may possibly be used for reasons related to sickness or healthcare. It is the offeror’s

SOLICITATION PROVISIONS

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS

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.

Proposals are due no later than 12:00 p.m. Eastern Standard Time, March 1, 2019. Submissions shall be made via hard copy to:

Department of Homeland Security Federal Protective Service 701 Market Street Suite 3200 Philadelphia, PA 19106 Attn: Thomas Schrank, 215 521-2257

Any proposal received at the Government office designated in the RFP 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 Items, 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 ITEMS (Oct 2014) (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 factor 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.

The Government reserves the right to obtain information for use in 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. 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 consideration to the contracts which the Government feels are most relevant to the RFP.

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 options (including the 6-month option available under FAR 52.217-8) to the total price for the basic requirement. 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. The resulting contract requires access to classified information. Offerors shall possess a Top-Secret facility clearance by the time and date established for submission of offers. Offerors shall provide a certified statement of current Top-Secret Facility Clearance which will be verified by the Contracting Officer prior to award.

2. 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.

3. Proposals shall be comprised of TWO (2) separate sealed envelopes. The first envelope shall contain five (5) copies of the technical (non-price) submission.

The second envelope shall contain the original and 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 envelopes should then be sealed in a third envelope that clearly identifies the RFP for which it is being submitted.

4. Page Limitation-Excluding the cover page, table of contents, past performance project forms (attachment 3), past performance questionnaires (attachment 4) and the teaming agreement or teaming narrative, the technical proposal (covering all non-price factors) is limited to twenty (20) pages in at least 11pt. 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.

5. 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.

6. Proposals shall specify the offer expiration date. Offerors shall hold their offers valid for 120 days after the solicitation closing date, unless requested to further extend it by the Contracting Officer.

7. Offerors, other than small businesses, shall prepare and submit with their proposal an Individual Small Business Subcontracting Plan.

a. Offerors should thoroughly review the requirements set forth in FAR 19.704, Subcontracting plan requirements, and FAR Clause 52.219-9, Small Business Subcontracting Plan, before submitting their Plans.

b. Subcontracting plans must be consistent with the provisions of the above Clause and are subject to negotiations along with the terms and conditions of any contract resulting from this solicitation. The successful offeror’s subcontracting plan must be approved by the Contracting Officer prior to award and shall be incorporated into the resultant contract. The Contracting Officer will monitor, evaluate and document contractor performance in adhering to FAR 52.219-9 and meeting its subcontracting goals as set forth in its approved plan.