D17PS00077-Amendment_0004.pdf

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 or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES 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.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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 ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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)

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

Anita Tolliver

This amendment is to A) provide a stated amount to serve as a wage rate (i.e., “Wage Rate Plug Number”) for areas that are not specifically stated in the Wage Determination, B) provide further information pertinent to the Wage Determination questions received following Amendment 0003, C) changes to solicitation sections, and D) responses to questions.

U. S. Department of the Interior Interior Business Center, AQD Division 5/ Branch 1 381 Elden Street, Suite 4000 Herndon, VA 20170

D17PS00077

1 5

10/12/2017

08/28/2017

Amendment 0004

Solicitation No. D17PS00077

Continuation of Block 14:

The purpose of this amendment is to A) provide a stated amount to serve as a wage rate (i.e., “Wage Rate Plug Number”) for areas that are not specifically listed in Wage Determination No.

2017-0801, Revision No. 1, B) provide further information pertinent to the questions received in response to Amendment 0003, C) incorporate changes to various sections of the solicitation, and

D) post responses to questions.

A.) WAGE RATE PLUG NUMBER:

Offerors are provided the minimum wage of $41.08, and $4.13 for Health & Welfare, for all locations not specifically listed in Wage Determination 2017-0801, Revision No. 1, Dated

10/02/2017.

B.) FURTHER INFORMATION - WAGE DETERMINATION QUESTIONS:

The questions received in response to the Government’s posting of the Wage Determination, on

Oct. 4, 2017, indicate there is some confusion regarding when an Offeror’s proposed employees would be subject to the Service Contract Labor Standards statute, also known as the Service

Contract Act (SCA). Offerors are advised that the SCA covers any employee unless there is a specific exemption provided for the employee. This response from the Government is intended to address concerns regarding the applicability of the SCA. Offerors may locate information regarding SCA exemptions for Executive, Administrative, and other Professional employees at

29 CFR Part 541.

Employees proposed by Offerors will fall into one of two categories:

SCA covered employees

Employees exempt from SCA

Criteria for Determining SCA Applicability

The SCA provides criteria for determining whether an employee is exempt from coverage as a

“service employee.” Any person employed in a bona fide professional capacity as defined at 29

CFR 541 is exempt. A job title alone is insufficient to determine the exempt status of an employee (29 CFR 541.2). Such a determination must be based on analysis of the job duties and a two part analysis of employee compensation:

1. Analysis of the Job Duties (i.e., 29 CFR 541.301 - “learned professionals”)

The employee’s primary duty must be the performance of work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgement in a field of science or learning where the advanced knowledge is customarily acquired through a prolonged course of specialized intellectual instruction.

2. Two-part analysis of Employee Compensation, examining:

a. Salary Amount (i.e., 29 CFR 541.600 - over $913.00/week); and,

b. Salary Basis (i.e., 29 CFR 541.602 - predetermined compensation amount of salary or fee that is not subject to reductions from quality or quantity of work, paid on a weekly or less frequent basis) per associated regulations.

For example, an employee who meets the analysis of job duties as a learned professional, and who is paid over $913.00 each week, will have satisfied only part of the criteria. In order to be considered exempt from SCA, the employee must also be paid a salary or fee in accordance with

29 CFR 541.602. Employees that are not paid a salary or fee in accordance with 29 CFR

541.602 will be considered SCA covered employees.

If an Employee is covered by SCA - Wage Determinations Define Minimum Rates.

The solutions for D17PS00077 may involve Offerors who have some, all, or no employees classified as a “service employee” under SCA. If an Offeror proposes the use of service employees, as defined in FAR Clause 52.222-41, that are not covered by an exemption (i.e., the service employee proposed does not pass any of the respective tests for the executive, administrative, or professional exemptions to the service employee definition), then the SCA is applicable. As such, prevailing wage rates in Wage Determination No2017-0801, Rev. No. 1, will apply. The Wage Determination is the minimum compensation rate for covered employees, based on the locality for their performance.

Wage Determinations do not specify ceiling rates. Offerors may compensate their employees at higher levels than those defined in the Wage Determination.

Where an employee is covered by the SCA, the provision at 52.222-46 does not apply to that particular employee. Offerors need not submit information pertinent to the “Evaluation of

Compensation for Professional Employees” for employees covered by SCA.

If an Employee is not covered by SCA - The provision at 52.222-46 will apply.

The Offeror is ONLY required to provide a Professional Compensation Plan for employees that are exempt from the SCA. Provide the information requested by the provision at 52.222-46

“Evaluation of Compensation for Professional Employees,” (Reference Section M, p. 1.) Based on the applicability of the SCA, Offerors may have to provide Professional Compensation Plan information for some, all, or none of their employees.

Disclaimer

It is important for Offerors to be aware of the statutory expectations of the SCA. Though references are provided for the information above, neither the information nor the references are the sum of the compliance knowledge that Offerors must possess.

C. CHANGES TO SOLICITATION SECTIONS:

The following Sections and Attachments to the solicitation are amended. Revised versions of each Section reflecting the changes made are attached to this amendment. Areas of change are indicated in the attached Sections using Microsoft Word tracked changes. Areas of change area are also provided below. New language is in bold and italics:

1. Sec B - IDIQ Pricing (Excel)

CHANGE: Portugal, Qatar, and Saudi Arabia have been added to the OCONUS - MFLC

- ROTATIONAL Tab.

2. Section I, Contract Clauses

CHANGE: Insert provision 52.215-23, p. 1.

CHANGE: Select clause 52.222-62, p. 10.

3. Section L, Instructions, Conditions, and Notices to Offerors or Respondents

CHANGE: Insert clause 52.215-22, p. 1.

CHANGE: Update points of contact, p. 2.

CHANGE: Factor E - Price, p. 19.

The Price proposal shall provide a comprehensive discussion of all proposed rates. The offeror shall structure the price discussion and the tabulation of all prices/costs. As part of that discussion, Offerors will provide:

fully burdened rates by service type.

base labor rates for both salaried and hourly employees.

fringe rates separately for both salaried and hourly employees (in percentages or dollars).

clear identification of the employees that are paid hourly, and the employees that are paid salary. (For this solicitation, the term “salary” is consistent with payments on a “salary basis” as defined at 29 CFR 541.602 - Salary basis.)

4. Section M, Evaluation Factors for Award

CHANGE: Factor D - Past Performance, Subfactor 2 - Past Performance, p. 7.

“The Government will evaluate past performance of at least three references based on questionnaire responses…”

CHANGE: Factor E - Price, p. 9.

The Government will evaluate the proposed prices. No adjectival ratings will be utilized for evaluating the proposed prices. The Government will assess the offeror’s price proposal with respect to being complete, fair and reasonable, and realistic. Proposals that include unrealistically low labor rates, or that do not otherwise demonstrate a realistic understanding of the technical requirement, will be considered a risk and will be evaluated for award in accordance with that assessment. The Government reserves the right to utilize information found in any other sections of the proposal that may assist in price evaluation. As part of the evaluation to determine fair and reasonable pricing, the

Government may consider commercial published data, same or similar Government contracts, Government estimates, industry standards, DCAA audit information, and other information the Government deems relevant.

D. RESPONSES TO QUESTIONS:

Responses to questions # 143-175 are attached.