Amendment_02.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 3

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

Amendment 02 March 31, 2016

6. ISSUED BY CODE 024B 7. ADMINISTERED BY (If other than Item 6) CODE

U.S. FOREST SERVICE - CONTRACTING

NATIONAL INTERAGENCY FIRE CENTER

OWYHEE BLDG, MS-1100

3833 S DEVELOPMENT AVE

BOISE ID 83705-5354

Same as Item 6

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

9A. AMENDMENT OF SOLICITATION NO.

AG-024B-S-16-9009

9B. DATED (SEE ITEM 11)

March 09, 2016

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

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 Items 8 and 15, and returning 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.

12. ACCOUNTING AND APPROPRIATION DATA (if required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK

ONE

A. THIS CHANGE ORDER IS PURSUANT TO: (specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

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

National Type 2-IA Firefighter Crews

Purpose of the Amendment: The purpose of this Amendment is to answer RFI’s submitted to the CO.

Description of Changes: See Continuation, for questions and answers.

The hour and date specified for receipt of proposals is extended by this Amendment. The Closing Date and deadline for receipt of proposals in response to Solicitation RFP AG-024B-S-16-9009 is no later than 3:30 PM MDT, April, 07, 2016.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

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

BRYCE N. PITCHFORD, Contracting Officer Phone: (208) 387-5231

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

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

NSN 7540-01-152-8070

Previous edition unusable STANDARD FORM 30 (REV. 10-83)

Prescribed By GSA FAR (48 CFR) 53.243

Continuation, Summary of Changes RFP AG-024B-S-16-9009, Amendment No. 02

Question #1 – Recently there has been mandated labor burdens on employers from both federal and states.

In the last year California state added 3 days sick leave, Oregon enacted 5 days of sick leave in 2016.

There is an executive order on the federal side to increase to 7 days on all federal contacts in 2017.

The federal exceeds the state laws. Although the details have not been worked out, the executive order will be mandated in 2017. Will contactors awarder under this solicitation be required under this to pay the federal 7 day sick leave?

The minimum wage has been raised incrementally in Oregon over the next 6 years to eventually get up to $15 per hour. The federal is $10.15 through the duration of this contact. California is likely to pass a $15/hr. minimum and I am sure other states will follow. Will contractors awarded contracts under this solicitation be required to pay the federal $10.15 minimum wage or will the states mandated minimum wage be required?

There will probably be more state and federal mandates on labor burdens over the course of this contact that will greatly effect costs. Will we be allowed to request equitable adjustments to compensate these mandates?

One concern would be that potential bidders from outside the state of California will be bidding on line items in California and are not aware of California Law and how these laws will affect their business practices while in CA. As you know, any business even those temporarily performing services in CA are required by Law to pay the proposed Minimum wages, Overtime (Time and one half) after 8 hours per day, then, double time pay for hours over 12 hours in that day, and then on the 7th consecutive day, OT on first 8 hours of that day and double time after the first 8 hours worked.

Second, is that potential bidders who do not follow laws that are changing in California could, provide the USFS with bids that are not taking into consideration the impacts of doing business in CA. These bids most likely would be at a much lower rate than those businesses familiar with CA law.

My last concern is that evaluators of these proposals may not be aware of the minimum wage law changes in different geographic areas and that could prove problematic for best value award.

Answer #1 – In section H.2 it is stated that the contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of work.

What this means is that a contractors obligation to pay the Executive order minimum wage on a covered contract does not excuse noncompliance with any other applicable Federal or state prevailing wage law, including SCA and DBA, or any applicable law or municipal ordinance establishing a minimum wage higher than the Executive Order minimum wage.

For each optional year the newest wage determination will be incorporated into the contract and the changes in that wage determination will be addressed at that time. It is each offerors responsibility to understand what is required of them at the time they submit their proposal, no adjustment to pricing will be done because an offeror did not understand the terms and conditions of the contract. We cannot look to address things that “may or may not” change in the future. It is all contractors’ responsibility to submit their proposals ensuring that they comply with the terms and conditions of the solicitation.

Question #2 – In reviewing the Solicitation Supplies, Services and Price Cost B-4 Type 2-IA Firefighter Crew Rates, the question that we would like if you have a response to is If we bid one crew the first year and are selected as Contractors can we increase our offeror capacity to two(2) crews in year 2,3,4, and 5 or if we are listed as a Contractor and have the resources can we put two crews on the board as available in our region with only one crew bid?

Answer #2 – The answer to this question is no. At the time you submit your offer you must identify the maximum number of crews you wish to be considered for in accordance with section B.6 as follows:

Offerors proposing crews for more than one CLIN must indicate the maximum number of crews the Offeror is capable of providing for the Base Period and all Option Periods. Offeror may be considered for award up to, but no more than, the maximum number of crews identified here. Offerors must also clearly state the maximum number of crews they wish to be considered for per Host Unit Coordination Center.

Offeror limits their offer to a maximum award of no more than ________ Type 2-IA Crews.

Question #3 – Do we have to sign and return the amendments to the solicitation?

Answer #3 – You do not have to sign the amendments and return them, but you do have to acknowledge each amendment in block 14 of the Standard Form 33 when you submit your proposal. If you do not acknowledge all amendments then your proposal will be deemed non-responsive.