70SBUR19Q00000082_Amendment_0002.pdf

(x)

70SBUR19Q00000082

x x 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

CIS

South Burlington VT 05403 70 Kimball Avenue Department of Homeland Security USCIS Contracting Office

01/02/20190002

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

12/28/2018

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.)

The purpose of this amendment is to correct a typo in track changes on page 14 of the solicitation document.

Period of Performance: 01/18/2019 to 10/31/2020

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

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

STANDARD FORM 30 (REV. 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 .

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number 70SBUR19Q0000034 is issued as a request for quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-98. This solicitation is an open market, competitive small business set-aside and the associated NAICS code is 484121, General Freight Trucking, Long-Distance, Truckload, which has a small business size standard of $27.5 million. See the attachments for a description of requirements for the items to be acquired and all other details. The provision 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition as does the addendum to the provision. The provision 52.212-2 applies to this procurement with the evaluation factors consisting of price, technical acceptability, and past performance. The award decision shall be based off the lowest price technically acceptable. Offerors shall include a completed copy of the provision 52.212-3, Offeror Representations and Certifications—Commercial Items, 52.209-2, and 52.209-11 with its offer. The clause 52.212-4, Contract Terms and Conditions Commercial Items, applies to this acquisition as does the addendum to the provision. The clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition. Additional FAR clauses cited in this clause are applicable to the acquisition and can be found attached. Additional contract requirements or terms and conditions necessary for this acquisition and consistent with customary commercial practices shall be found in the terms and conditions.

Offers shall submit one original electronic version of the quote to: Sara.Riordan@uscis.dhs.gov, and contractingproposals@uscis.dhs.gov. Each electronic quote shall be in pdf format. The quote shall be received by 9:00 AM ET January 09, 2019. Offerors shall contact Sara Riordan for information regarding this solicitation.

mailto:Sara.Riordan@uscis.dhs.gov mailto:nacole.r.greenwood@uscis.dhs.gov

FAR CLAUSES INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

http://www.acquisition.gov/far.

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN

2017)

52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

ADDENDUM TO FAR 52.212-4

Invoicing Instructions:

(a) In accordance with FAR Part 32.905, all invoices submitted to USCIS for payment shall include the following:

(1) Name and address of the contractor.

(2) Invoice date and invoice number.

(3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(4) Description, quantity, unit of measure, period of performance, unit price, and extended price of supplies delivered or services performed.

(5) Shipping and payment terms.

(6) Name and address of contractor official to whom payment is to be sent.

(7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(8) Taxpayer Identification Number (TIN).

(b) Invoices not meeting these requirements will be rejected and not paid until a corrected invoice meeting the requirements is received.

(c) USCIS’ preferred method for invoice submission is electronically. Invoices shall be submitted in Adobe pdf format with each pdf file containing only one invoice. The pdf files shall be submitted electronically using the “To” line in the e-mail address to USCISInvoice.Consolidation@ice.dhs.gov with each email conforming to a size limit of 500 KB.

http://www.acquisition.gov/far mailto:USCISInvoice.Consolidation@ice.dhs.gov

(d) If a paper invoice is submitted, mail the invoice to:

USCIS Invoice Consolidation PO Box 1000 Williston, VT 05495

(End of Addendum)

FAR CLAUSES IN FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following

Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108‐77 and 108‐78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Oct 2016) (Pub. L.

109‐282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

__ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

X__ (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219‐3.

__ (12)(i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2014)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219‐4.

__ (13) [Reserved] __ (14)(i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219‐7.

__ (iii) Alternate II (Mar 2004) of 52.219‐7.

__ (16) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219‐9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219‐9.

__ (iii) Alternate II (Nov 2016) of 52.219‐9.

__ (iv) Alternate III (Nov 2016) of 52.219‐9.

__ (v) Alternate IV (Nov 2016) of 52.219‐9.

__ (18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219‐14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219‐16, Liquidated Damages— Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (22) 52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219‐29, Notice of Set‐Aside for, or Sole Source Award to, Economically Disadvantaged Women‐ Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

__ (24) 52.219‐30, Notice of Set‐Aside for, or Sole Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222‐3, Convict Labor (June 2003) (E.O.

11755).

_X_ (26) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X_ (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222‐35, Equal Opportunity for Veterans

(Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222‐37, Employment Reports on Veterans

(FEB 2016) (38 U.S.C. 4212).

_X_ (32) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_ (33)(i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222‐54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction.

At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222‐60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ (ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ (38) 52.223‐11, Ozone‐Depleting Substances and

High Global Warming Potential Hydrofluorocarbons

(JUN

2016) (E.O. 13693).

__ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

__ (40)(i) 52.223‐13, Acquisition of EPEAT®‐ Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223‐13.

__ (41)(i) 52.223‐14, Acquisition of EPEAT®‐ Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐14.

__ (42) 52.223‐15, Energy Efficiency in Energy‐ Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223‐16, Acquisition of EPEAT®‐ Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐16.

_X_ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

__ (45) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223‐21, Foams (JUN 2016) (E.O. 13693).

__ (47)(i) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224‐3.

__ (48) 52.225‐1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225‐3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, Pub. L. 103‐182, 108‐ 77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43.

__ (ii) Alternate I (May 2014) of 52.225‐3.

__ (iii) Alternate II (May 2014) of 52.225‐3.

__ (iv) Alternate III (May 2014) of 52.225‐3.

__ (50) 52.225‐5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225‐13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

__ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

__ (55) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (56) 52.232‐30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (57) 52.232‐33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232‐34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242‐5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx.

1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247‐64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.222‐17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222‐43, Fair Labor Standards Act and

Service Contract Labor Standards‐Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (5) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment— Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (7) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C.

chapter 67).

_X_ (8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

__ (11) 52.237‐11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215‐2, Audit and Records— Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222‐ 17.

(v) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222‐37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph

(f) of FAR clause 52.222‐40.

(xi) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii)(A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐ Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222‐53, Exemption from Application of

p. 4 of 4 the Service Contract Labor Standards to Contracts for Certain Services‐Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222‐54, Employment Eligibility Verification

(OCT 2015) (E.O. 12989).

(xvi) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction.

At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222‐60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xix) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224‐3.

(xxi) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xxii) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xxiii) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐ 64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two years.

(End of clause)

STATEMENT OF WORK

SCHEDULED FILE SHIPMENTS

VERMONT SERVICE CENTER (VSC)

1. TITLE OF PROJECT

The U.S Citizenship and Immigration Services (USCIS), Vermont Service Center (VSC) has a need for regularly scheduled shipments of palletized boxes of files to be delivered to the National Record Center (NRC).

2. PERIOD OF PERFORMANCE

This requirement consists of a 6-month base period of Performance and 3 optional 6-month periods, for a maximum of 2 years.

Base Period: 1/18/19 – 04/30/19 Option 1: 5/1/19 – 10/31/19 Option 2: 11/1/19 – 04/30/20 Option 3: 5/1/20 – 10/31/20

3. PLACE OF PERFORMANCE

Pick Up:

Vermont Service Center 4 Lemnah Drive Loading Dock St. Albans, VT 05478

Delivery:

National Record Center (NRC) 150 Space Center Loop Lee’s Summit, MO 64064 Delivery accepted from 8:00am-4:00pm with last delivery NLT 2:00pm.

4. TECHNICAL POINT OF CONTACT (TPOC)

Vermont Service Center Penny Rogers 75 Lower Welden Street St. Albans, VT 05478 Phone (802) 527-4737

5. SERVICE REQUIREMENT

Pallets will be filled and shrink-wrapped by the contracting staff prior to the arrival of the shipping contractor. The pallets will be staged at the dock area for pick-up.

VSC will provide the contractor with an electric pallet jack at time of pickup. The Contractor is to use the pallet at their own risk and liability. Any injury or liability shall fall with the Contractor and not with USCIS.

The Contractor shall load the pallets into the shipping container at the 4 Lemnah Drive warehouse Loading Dock without assistance from government staff. The shipping Contractor will unload the pallets at the delivery location’s dock.

A local file operations supervisor will be present to ensure the content of the files in the filled/shrink-wrapped pallets are loaded by the shipping Contractor and all pallets are accounted for. The shipping Contractor is required to have a metal or plastic seal with an ID or serial number at the time of pickup.

Once the pallets are loaded, the shipping Contractor is required to seal the container doors with a contractor-furnished seal. The seal serial number used for the shipment shall be provided to the point of contact at the pick-up location prior to departure.

After the container is sealed, the Contractor shall take full responsibilities of the container until it is delivered to the destination. Only the USCIS designated point of contact, USCIS receiver or law enforcement personnel are allowed to break the seal or provide the Contractor direction to break the seal. Should it become necessary to tamper with, break, or remove the seal due to unforeseen circumstances, such as law enforcement requirement or weight station inspections, etc., the Contractor shall notify the TPOC immediately to report the breaking of the seal and the reason. In addition, the Contractor shall replace the seal with a new one and provide the TPOC with the seal ID # immediately. In all cases, the Contractor shall provide copies of all written documentation (if it exists) regarding the incident to the TPOC.

The Contractor is required to report any lost, damaged, misplaced or destroyed file pallets to the TPOC as soon as the incident occurs. The Contractor shall be financially responsible for the lost, damaged, misplaced or destroyed pallets if it’s determined to be cause by the contractor.

The Contractor shall provide a dedicated truck with a container (trailer) for transport. The Contractor shall transport only VSC pallets, regardless of quantity (even if one pallet), to destination. The Contractor shall not mix loads with other business entities. Each shipment of pallets shall be considered a Full Truck Load (FTL) regardless of the number of pallets shipped.

The content of the pallets include cardboard file storage containing unclassified but sensitive A- File and/or receipt files. Up to 24 pallets will be shipped to the NRC per shipment.

Pallets will be loaded with up to 45 boxes per pallet. Each box weight approximately 32 lbs. A full pallet will measure approximately 48” x 40” and weight approximately 1,440 lbs.

Both facilities involved have a dock and normal dock height.

a. NRC SHIPMENT PICKUP/DELIVERY REQUIREMENT

The Contractor shall pick-up the shipment at the pick-up site no later than (NLT) (2:00 am).

All loads will be picked on the third Monday of each month, and delivered on the third Wednesday of each month. The accepted delivery hours at the NRC is from 0800 – 1600 (4:00pm) with the last delivery accepted (NLT) (2:00pm), no exceptions. Inside delivery is required.

Any delay of pickup will need to be communicated with the TPOC no less than 2 hours before the schedule pickup.

Shipments to the NRC will be pickup on the third Monday of each month per the attached schedule except for Federal Holiday. When a Federal Holiday falls on the pick-up day, the contractor shall pick-up the following day.

b. BILL OF LADING (BOL) AND ESTIMATE TIME OF ARRIVAL

(ETA)

The Contractor shall provide the BOL to the TPOC 2 business days prior to pick-up. The Contractor shall inform the TPOC of the driver ETA 1 business days in advance of pick-up.

The BOL shall be delivered to the TPOC via e-mail. The driver shall provide the VSC personnel the BOL at time of pick up.

After each delivery, the Contractor shall email the TPOC the date and time the pallets were delivered to the destination. This information may be included on a revised Bill of Lading in lieu of e-mail. The Contractor’s BOL shall become property of the Government and shall be kept with the contract.

c. DELAY, ADDITIONAL OPTIONAL SHIPMENT &

CANCELLATION

In the event of a delivery delay 1 day or more, even though it may fall within the allotted delivery time frame, the Contractor shall immediately notify the TPOC via email or by phone.

Off schedule shipments/optional deliveries may be required. The VSC will provide the Contractor notice of the off schedule shipment/option delivery at least five business days in advance of the desired pick-up date. Terms and condition will remain the same as scheduled shipments.

Should cancellation of a scheduled delivery occur, the VSC shall inform the contractor 3-5 business days in advance of shipment pick-up or as soon as possible.

In the event the Contractor fails to deliver shipments within the required time-frame, the following monetary deductions shall apply:

1. First delay pickup/delivery – Waived, no charge.

2. 2nd delay pickup/delivery – Waived, no charge.

3. 3rd delay pickup/delivery – Reimburse 15% of shipment cost.

4. 4th delay pickup/delivery – Reimburse 20% of shipment cost.

5. 5th delay pickup/delivery – Reimburse 25 % of shipment cost.

6. 6th delay pickup/delivery – Reimburse 30% of shipment cost.

6. TENTATIVE DELIVERY SCHEDULE

See attached for schedule.

7. SECURITY REQUIREMENTS

During transport of USCIS files, the Contractor shall ensure that contents within the storage area of the vehicle are secure during transit.

Facility Access Control: The Contractor shall observe all internal building security regulations that apply to any and all buildings concerning this contract. The Contractor shall only enter the facility, or building with continuous escort service during work hours, and will depart immediately after work hours. When entering or departing the facility, or building, the Contractor must sign-in and out, as required at the site.

Employment of Illegal Aliens: Subject to existing law, regulations, and other provisions of this contract, the Contractor shall not employ illegal or undocumented aliens to work on, or with this contract. The Contractor shall ensure that this provision is expressly incorporated into any and all subcontracts, or subordinate agreements issued in support of this contract.

(The section below will be removed after award)

FAR PROVISIONS INCORPORATED BY REFERENCE

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these address(es):

http://www.acquisition.gov/far or http://farsite.hill.af.mil/vffara.htm

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2013)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

Proposal Submission:

Submit one original electronic version of the proposal to: Sara.Riordan@uscis.dhs.gov and ContractingProposals@uscis.dhs.gov.

The proposal shall be received by 9:00 AM ET January 9, 2019.

Offerors must provide responses to all of the highlighted areas below and provide with their submission.

An offer not complying with these instructions may be rejected at the Contracting Officer’s discretion.

One document shall be submitted with the following factors for evaluation:

FAR 52.212-2 Evaluation – Commercial Items (Oct 2014)

(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. The following factors shall be used to evaluate offers:

(i) Price

(ii) Technical Acceptability

(iii) Past Performance http://www.acquisition.gov/far http://farsite.hill.af.mil/vffara.htm mailto:Sara.Riordan@uscis.dhs.gov

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options 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.

Basis of Award / Evaluation of Offers:

USCIS intends to award a task order, in accordance the Lowest Price Technically Acceptable (LPTA) source selection process. Best value is expected to result from selection of the technically acceptable quote with the lowest evaluated price. Technical acceptability is comprised of meeting the requirements as outlined in the statement of work, adherence to the delivery schedule in the solicitation, and acceptable or neutral past performance. Award will be made on the basis of the lowest evaluated price of quotes meeting the Technical Acceptability for non-cost factors.

The lowest price solution will be evaluated as to whether it meets the requirements of the statement of work and whether its past performance is acceptable or neutral. The Government may use present or past performance data obtained from a variety of sources, to include publicly available reports, information obtained from Government wide databases, and the Government’s personal knowledge. Only recent past performance within the last 3 years shall be evaluated. In the case of an offeror without a record of recent past performance or for whom information on past performance is not available, a rating of Neutral shall be assigned; the offeror may not be evaluated favorably or unfavorably on past performance.

Technical Acceptability

Technical acceptability is comprised of meeting the requirements as outlined in the solicitation, statement of work, and the adherence to the delivery schedule. Specifically, Offerors shall certify they provide the following:

Yes No Can meet the attached shipping schedule with no exceptions

Agree to the missed/late delivery deduction rate in the

SOW

Department of Labor transportation number (must be authorized to operate prior to award)

Enter Number Here

FAR PROVISIONS INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS—REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision--

“Internal confidentiality agreement or statement”, “subcontract”, and “subcontractor”, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P466_70159

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The offeror represents that—

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2014)