Amendment 0001 70RFP321REH000008.pdf

(x)

70RFP321REH000008

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:Fitzia L. Justice

OPO/FPS/EACCG/HQ/NC

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/East CCG/HQ-Natl Contracts

Philadelphia PA 19106 701 Market Street, Suite 3200

70RFP3

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

FPS EAST CCG DIV 3 ACQ DIV(70RFP3)

08/13/20210001

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

07/30/2021

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 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.)

Requirement: Medical Testing

The purpose of Amendment 0001 is to remove clauses, add clauses, revise Standard Form 1449, revise clauses, revise the Statement of Work, revise the solicitation provisions and extend the closing date.

A. The following FAR clauses under FAR 52.212-5 are removed.

FAR Clause 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020)

FAR 52.222-41, Service Contract Labor Standards (Aug 2018)

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)

Peter J. Andrews

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

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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: 215-521-2261 Peter.J.Andrews@fps.dhs.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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FAR 52.222-42, Statement of Equivalent Rates for

Federal Hires (May 2014)

FAR 52.222-43, Fair Labor Standards Act and

Service Contract Labor Standards- Price

Adjustment (Multiple Year and Option Contracts)

(Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

FAR 52.222-55, Minimum Wages Under Executive

Order 13658 (Nov 2020).

FAR 52.222-62, Paid Sick Leave Under Executive

Order 13706 (Jan 2017)

FAR Clause 52.219-14 Limitations on

Subcontracting (DEVIATION 19-01) (AUG 2020)

B. The following HSAR and FAR clauses are applicable to this acquisition and are now added.

The HSAR clauses are incorporated by reference under HSAR 3052.212-70 Contract Terms and

Conditions Applicable to DHS Acquisition of

Commercial Items (Sep 2012) and the FAR clauses are incorporated in full text.

HSAR 3052.205-70 Advertisement, Publicizing

Awards, and Releases

HSAR 3052.219-72 Evaluation of Prime Contractor

Participation in the DHS Mentor Protégé Program

HSAR 3052.219-70 Small Business Subcontracting

Plan Reporting

HSAR 3052.219-71 DHS Mentor Protégé Program

HSAR 3052.215-70 Key Personnel

There are four FAR Clauses/Deviations that are added in full text and they are FAR 52.225-5, FAR

52.232-40, FAR52.233-2 and FAR 52.222-54.

FAR 52.225-5 Trade Agreements (JUL 2020)

(DEVIATION 20-07)

(a) Definitions. As used in this clause.

Caribbean Basin country end product—

(1) Means an article that—

(i)(A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

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Sponsored by GSA

FAR (48 CFR) 53.110

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(B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a

Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed; and

(ii) Is not excluded from duty-free treatment for

Caribbean countries under 19 U.S.C.2703(b).

(A) For this reason, the following articles are not Caribbean Basin country end products:

(1) Tuna, prepared or preserved in any manner in airtight containers;

(2) Petroleum, or any product derived from petroleum;

(3) Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized

Tariff Schedule of the United States (HTSUS) column 2 rates of duty apply (i.e., Afghanistan, Cuba, Laos, North Korea, and Vietnam); and

(4) Certain of the following: textiles and apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and folklore articles;

(B) Access to the HTSUS to determine duty-free status of articles of these types is available at https://usitc.gov/tata/hts/index.htm. In particular, see the following:

(1) General Note 3(c), Products Eligible for

Special Tariff treatment.

(2) General Note 17, Products of Countries

Designated as Beneficiary Countries under the

United States-Caribbean Basin Trade Partnership

Act of 2000.

(3) Section XXII, Chapter 98, Subchapter II, Articles Exported and Returned, Advanced or

Improved Abroad, U.S. Note 7(b).

(4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits under the United States-Caribbean Basin Trade

Partnership Act; and

(2) Refers to a product offered for purchase under a supply contract, but for purposes of

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calculating the value of the acquisition, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

Designated country means any of the following countries:

(1) A World Trade Organization Government

Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech

Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland,Ireland, Israel, Italy, Japan, Korea

(Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New

Zealand, Norway, Poland, Portugal, Romania,Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the

World Trade Organization as “the Separate Customs

Territory of Taiwan, Penghu, Kinmen and Matsu

(Chinese Taipei)”), Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country

(Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or

Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of

Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or

Zambia); or

(4) A Caribbean Basin country (Antigua and

Barbuda, Aruba, Bahamas, Barbados, Belize,Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Continued ...

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Sint Maarten, or Trinidad and Tobago).

Designated country end product means a WTO GPA country end product, an FTA country end product, a least developed country end product, or a

Caribbean Basin country end product.

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Free Trade Agreement country end product means an article that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in an

FTA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

Least developed country end product means an article that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product, includes services

(except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

United States means the 50 States, the District

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of Columbia, and outlying areas. U.S.-made end product means an article that is mined, produced, or manufactured in the

United States or that is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed, WTO GPA country end product means an article that—

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a

WTO GPA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services, (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

(b) Delivery of end products. The Contracting

Officer has determined that the WTO GPA and FTAs apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only U.S.-made or designated country end products except to the extent that, in its offer, it specified delivery of other end products in the provision entitled

“Trade Agreements Certificate.”

(End of Clause)

FAR 52.232-40 Providing Accelerated Payments to

Small Business Subcontractors(DEC 2013)(DEVIATION

APR 2020).

(a)(l) In accordance with 31 U.S.C. 3903 and 10

U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the

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accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors withoutany further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the

Prompt Payment Act.

(End of Clause)

FAR 52.233-2 Service of Protest (Sept 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 Federal Protective Service

Acquisition Division, 701 Market Street, Suite

3200, Philadelphia, PA 19106.

(b) The copy of any protest shall be received in the office designated above within oneday of filing a protest with the GAO.

(End of Clause)

FAR 52.222-54 Employment Eligibility

Verification(Oct 2015)

(a) Definitions. As used in this clause-

Commercially available off-the-shelf (COTS) item-

(1) Means any item of supply that is-

(i) A commercial item (as defined in paragraph

(1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii)Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

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(2) Does not include bulk cargo, as defined in 46

U.S.C. 40102(4), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), "bulk cargo" means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

Employee assigned to the contract means an employee who was hired after November 6, 1986

(after November 27, 2009 in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee-

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

Subcontract means any contract, as defined in

2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

United States, as defined in 8 U.S.C.

1101(a)(38), means the 50 States, the District of

Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin

Islands.

(b) Enrollment and verification requirements. (1)

If the Contractor is not enrolled as a Federal

Contractor in E-Verify at time of contract award, the Contractor shall-

(i) Enroll. Enroll as a Federal Contractor in the

E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin

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to use E-Verify to initiate verification of employment eligibility of all new hires of the

Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract.

For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal

Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of-

(i) All new employees.

(A) Enrolled 90 calendar days or more. The

Contractor shall initiate verification of all new hires of the Contractor, who are working in the

United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within

90 calendar days after enrollment as a Federal

Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the

Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a

State or local government or the government of a

Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The

Contractor shall follow the applicable

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verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the

Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November

6, 1986 (after November 27, 2009, in the

Commonwealth of the Northern Mariana Islands), within 180 calendar days of-

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the

Contractor’s decision to exercise this option, using the contact information provided in the

E-Verify program Memorandum of Understanding

(MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.

(ii) During the period between termination of the

MOU and a decision by the suspension or debarment official whether to suspend or debar, the

Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland

Security Web site: http://www.dhs.gov/E-Verify gov/E-Verify.

(d) Individuals previously verified. The

Contractor is not required by this clause to perform additional employment verification using

E-Verify for any employee-

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify

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program;

(2) Who has been granted and holds an active U.S.

Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial

Security Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential

Directive (HSPD)-12, Policy for a Common

Identification Standard for Federal Employees and

Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that-

(1) Is for-

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,500; and

(3) Includes work performed in the United States.

(End of clause)

C. The following changes to the Standard Form

1449) are as followed:

1. Page 1 Block 28 is now checked and the contractor is required to sign and return 1 copy of solicitation.

2. The anticipated award type on CLINs 0023(pg6), 1023(pg12), 2023(pg18), 3023(pg24) and 4023(pg30) is listed as firm fixed price. The anticipated award type for these CLINS is changed to labor hour.

3. The anticipated award type on CLINS 0026(pg7), 1026(pg13), 2026(pg19), 3026(pg24) and 4026(pg30) is listed as firm fixed price. The anticipated award type for these CLINS is changed to cost.

D. Revisions to Clauses are listed below.

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Page 38, FAR 52.216-18, Ordering (Aug 2020) subparagraph (a) 2nd sentence states that such orders may be issued from September 26, 2021 through March 25, 2027. The dated is changed to

September 26, 2021 through September 25, 2026.

Page 39, FAR 52.216-19, Order Limitations (Oct

1995)(b)Maximum order (1) The any order for a single item is blank. Section (b)(1) is corrected to read, The Contractor is not obligated to honor an order for a single item in excess of the quantities listed on the SF1449, unless written authorization is given by the

Contracting Officer.

Page 40, FAR 52.217-9,Option to Extend the Term of the Contract. The paragraph states, “The Govt may extend the term of this contract by written notice to the Contractor within 30 days.” This sentence is changed to state,“The Govt may extend the term of this contract by written notice to the Contractor 30 days before the contract expires.”

Page 51, Paragraph 4,"In addition to the information required for a proper invoice as identified in FAR 52.212-4(g)(1), Contract Terms and Conditions-Commercial Items, (JAN 2021)." The

JAN 2021 date in the clause is changed to October

2018.

Page 52, FAR 52.212-5 Contract Terms and

Conditions Required to Implement Statutes or

Executive Order-Commercial Items (Jan 2021) is removed and replaced with FAR 52.212-5 Contract

Terms and Conditions Required to Implement

Statutes or Executive Order Commercial Items (Jan

2021) is updated and replaced with FAR 52.212-5

Contract Terms and Conditions Required to

Implement Statutes or Executive Orders-Commercial

Items (Jul 2021)

E. Statement of Work Changes

Page 78, Section 7 Key Personnel Requirements.

This amendment specifies the key personnel labor categories for this requirement. Key personnel positions are Medical Review Officer, Primary

Reviewing Officer, Program Manager and Contracts

Administrator.

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Page 105,Section 19 Transition Plan. The transition plan states the transition period shall be for 60 days prior to the contract start date. This sentence is revised to state, The transition period shall be for 30 days prior to the contract start date.

F. Solicitation Provision Changes

Page 111, FAR 52.212-2 Evaluation Commercial

Items, Factor 2 Management Approach, the following sentence is added to the second bullet,"As part of the Management Approach, address whether you are part of the DHS Mentor

Protégé Program. If you are part of the program, explain how you will address HSAR 3019.708-70(b) and its impact on this requirement."

Page 112, Proposal Submission Requirements. The following information is added to this section.

The technical and price proposal shall follow the content limitations.

Technical

Factor 1 Not to exceed 3 typed pages

Factor 2 Not to exceed 3 typed pages

Total Technical Page Count-Not to exceed 6 pages

Price Proposal

The price proposal shall not exceed 30 pages, which is the number of pages for the listed CLINS on Standard Form 1449.

G. The solicitation closing dates has been extended until Tuesday, August 17, 2021 at

10:00AM ET

H. All other terms and conditions remain the same.

Period of Performance: 09/26/2021 to 09/25/2026

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