Issued DoDCC-2021-R-0001 A003 Retail Hair Care Salon dtd 21 Jan 2021.pdf

Room 5B-843, The Pentagon Phone: 703.695.2295 Washington, DC 20301 Fax: 703.693.9286

DEPARTMENT OF DEFENSE CONCESSIONS COMMITTEE

January 21, 2021

Company Attn:

Address City, State Zip

Subject: Amendment A003 - Request for Proposals (RFP) #DoDCC-2021-R-0001–

Retail Hair Care Salon, The Pentagon

Dear :

Enclosed please find Amendment A003 to the subject RFP.

Please follow the directions in Block 6 of the Amendment for acknowledgement of receipt of this amendment.

If further information or clarification is required, please contact the undersigned at

(571) 289-9759 or by email at shelley.a.driver.naf@mail.mil.

Sincerely, Shelley A. Driver Contract Specialist mailto:shelley.a.driver.naf@mail.mil

AMENDMENT OF REQUEST FOR PROPOSALS / MODIFICATION OF CONTRACT

SS/336 (Rev. 02/00) Page 1 of 1 page(s)

1) Amendment / Modification 2) Effective Date of Amendment / Modification

A003 January 21, 2021

8) Contractor / Offeror is required to return two signed copies to the issuing office.

Contractor / Offeror is not required to sign this document.

9) Print/type Contractor / Offeror name and title

10) Print/type DoDCC Contracting Officer

11) Signature of contractor / offeror official | Date

12) Signature of Contracting Officer | Date

3) Issued by:

Department of Defense Concessions Committee (DoDCC) Room 5B843, The Pentagon Washington, DC 20301 Attn: Shelley Driver Phone: (571) 289-9759

4) Offeror / Contractor Name and Address:

5) Amendment of Request for Proposals

Number: DoDCC-2021-R-0001 Dated: December 1, 2020, Retail Hair Care Salon, The Pentagon

6) This block applies only to amendments of Requests for Proposals:

The hour and date specified for receipt of proposals is extended until The above numbered Request for Proposals is amended as sent forth in block 7. Offerors must acknowledge receipt of this amendment prior to the hour and date specified, or as amended, by one of the following methods:

a. By signing and returning 2 of copies of this amendment:

b. By acknowledging receipt of this amendment on each copy of the proposal submitted; or,

c. By separate letter which includes a reference to the Request for Proposals and amendment numbers.

7) Description of Amendment/Modification

The Request for Proposals referenced above is hereby amended as follows:

a. Responses to the questions submitted are attached and are hereby incorporated as Attachment (1) to this Amendment, Q&A, dated January 21, 2021.

b. Updated Department of Labor (DoL) Wage Determination #2001-0297 Revision 29 dated December 21, 2020 is hereby incorporated as Attachment (2) to this Amendment and replaces Attachment 11 to the RFP in its entirety.

c. Amend Section 7.i. of Amendment A001 to correct that the updated Davis Bacon General Decision replaces Attachment 12 not Attachment 13 to the RFP in its entirety.

d. Except as provided herein, all other terms and conditions remain unchanged and in full force and effect.

Questions Received in Response to RFP #DoDCC-2021-R-0001 – Retail Hair Care Salon, The Pentagon dated January 21, 2021 – Amendment A003

The following questions and answers are incorporated in the RFP as set forth at length.

Q. What is the current capacity of the Pentagon?

A. Please refer to the question and answer provided on page 2 of 2 of the Q&A document incorporated in Amendment A001 to the RFP. Additionally, the current Pentagon population is averaging about forty percent (40%) of normal capacity due to COVID-19.

The DoDCC has no information as to when the population may resume to pre-COVID-19 levels.

Q. Is it ok to just do a face-lift instead of a full renovation?

A. Yes, offerors may propose to do a face-lift instead of a full renovation and should adequately describe the same in proposals submitted in response to the RFP. Please refer to the question and answer provided on pages 1 – 2 of 2 of the Q&A document incorporated in Amendment A001 to the RFP.

Q. Is the successful offeror (Licensee) limited to certain hours, or does the DoDCC have certain hours it recommends?

A. Please refer to Section A.2.b., page 5 of 56 of the RFP. The Licensee shall operate the retail hair care salon between the hours of 7:00 a.m. and 5:00 p.m., Mondays through Fridays, with the exception of Federal Holidays, and by appointment only which may be outside of the core hours. Please also refer to Section C.5.a.(1) and (2), “Customer Service”, page 17 of 56 of the RFP. Adjustments to the operating hours shall be as mutually agreed between the Licensee and the Contracting Officer. Any proposed reduction or extension of hours of operation, either temporary or permanent, must be requested through the Contracting Officer prior to implementation, and must be approved in sufficient time to allow for a posted two-week advance notice to customers.

Q. Are we able to offer additional services (e.g., nails, beauty, etc.)?

A. Please refer to the question and answer provided on page 2 of the Q&A document incorporated in Amendment A001 to the RFP. Should an offeror want to add additional services to its proposal, it may do so, in accordance with the proposal submission requirements as stated in Section L, “Proposal Submission Requirements”, pages 50- 53 of 56 of the RFP. The DoDCC makes no guarantee that the proposed additional services or offerings meet the customer demand/demographic of the Pentagon.

Q. When will turnover occur from the current operator?

A. Although the RFP states the anticipated opening date for the retail hair care salon to be September 2021, or sooner, per Section A.1.d., page 3 of 56, of the RFP, the actual opening date is subject to the successful offeror’s (Licensee’s) proposed timeline accepted and incorporated into the awarded License Agreement. Please also refer to Section A.1.h., page 4 of 56, of the RFP. The current License Agreement expires on June 30, 2021. The DoDCC anticipates turning the space over to the successful offeror awarded the follow-on agreement on or about July 19, 2021. The exact turnover date will be coordinated with the successful offeror after License Agreement award. Delays will be coordinated and discussed with the successful offeror, if necessary. Offerors should include its proposed timeline from date of award of the License Agreement to opening of the salon (including any proposed phased-in timelines for services) as part of proposals submitted. Please refer to Section L., “Proposal Submission Requirements”, Item (9), “Construction Timeline”, pages 51 – 52 of 56, of the RFP

Q. What commission should we offer?

A. Please refer to Section B.2., “Financial Proposal/Licensee Fee”, page 8 of 56, of the RFP. The successful offeror (Licensee) shall be expected to remit each month to the DoDCC a percentage of sales in the form of a commission payment. Please refer to Section L., “Proposal Submission Requirements”, Item (1), “Offered sales commissions”, page 50 of 56 of the RFP. Commission offers/proposals are to be based on a fixed percentage of net sales.

Q. Are we able to put a small refrigerator in the break room?

A. Possibly. Offerors shall include additional equipment, such as a small refrigerator, in proposals submitted in response to the RFP. Approval of such an item is subject to the review and approval of the authorized Contracting Officer. Offerors shall refer to updated Attachment 7 to the RFP, “WHS Fire Regulations Adoption Memo, 2021 Edition” and updated Attachment 8 to the RFP, “WHS Fire Regulations, 2021 Edition”, incorporated in Amendment A001 to the RFP. These documents are posted in the Amendment A001 folder uploaded to the Dropbox (link provided in Amendment A001).

Q. Is there an opportunity to expand into the Redbox space?

A. No, not at this time. Should the space become available at a later date, the DoDCC may discuss offering the space to the successful offeror (Licensee), but there is no guarantee.

Q. Are we able to hire the existing employees?

A. The DoDCC cannot answer this question. However, the DoDCC does not recommend offerors contact or engage with the incumbent’s employees prior to award of the follow-on License Agreement.

Q. Is there any additional space or any additional locations available under this RFP?

A. No, not at this time. The space being solicited under this RFP is Room 2D1069 in the Pentagon, consisting of 1,967 sq. ft. However, please refer to Section H.1., “Additional Sites/Locations”, pages 31 – 32 of 56, of the RFP. Additional sites, locations, or facilities may be added to this contract on the Pentagon Reservation via License Agreement modification upon mutual agreement of the DoDCC and the Licensee. Please refer to the question above.

Q. Is it allowable to have a variety of methods for the salon to receive income and pay income to employees? For example, both rental plus commission; or solely booth rental;

or solely commission base; or hourly wage rate accepted; or a mix of any of these?

A. No. It is the DoDCC’s intention that the successful offeror (Licensee) maintain, manage and operate a retail hair care salon in accordance with Section C.2., “Scope of Work”, pages 11 – 13 of 56, of the RFP. The awarded License Agreement will be subject to the Service Contract Act. Please refer to Section H.1.., “Service Contract Act”, pages 37

– 38 of 56, of the RFP. The successful offeror (Licensee) will be required to pay the applicable wage rates and fringe benefit rates to its employees in accordance with the Department of Labor Wage Determination provided as Attachment 11 to the RFP (updated in Amendment A003 to which this document is attached). Any questions regarding the extent of these obligations should be addressed to the Department of Labor at http://www.dol.gov.

http://www.dol.gov/

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2001-0297 Daniel W. Simms Division of | Revision No.: 29 Director Wage Determinations| Date Of Last Revision: 12/21/2020 Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2021. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Virginia

Area: Virginia Statewide

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

24510 - Barber 10.86 24540 - Beautician (Cosmetologist) 12.63

Note: Executive Order (EO) 13706 Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2017. If this contract is covered by the EO the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness injury or other health-related needs including preventive care; to assist a family member (or person who is like family to the employee) who is ill injured or has other health-related needs including preventive care; or for reasons resulting from or to assist a family member (or person who is like family to the employee) who is the victim of domestic violence sexual assault or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.54 per hour up to 40 hours per week or $181.60 per week or $786.93 per month

HEALTH & WELFARE EO 13706: $4.22 per hour up to 40 hours per week or $168.80 per week or $731.47 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706 Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor 3 weeks after 5 years and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor wherever employed and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day Martin Luther King Jr.'s Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract by the employer by the state or local law etc.) the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition where uniform cleaning and maintenance is made the responsibility of the employee all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount or the furnishing of contrary affirmative proof as to the actual cost) reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However in those instances where the uniforms furnished are made of ""wash and wear"" materials may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor by law or by the nature of the work there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159 the Wage and Hour Division does not recognize for section 4(c) purposes prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as ""approval of Wage and Hour issuance of a wage determination incorporation of the wage determination in the contract adjusting the contract price etc."" (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting ""arm's length negotiation"" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the ""Service Contract Act Directory of Occupations"" Fifth Edition (Revision 1) dated September 2015 unless otherwise indicated.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE

Standard Form 1444 (SF-1444)

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e. the work to be performed is not performed by any classification listed in the wage determination) be classified by the contractor so as to provide a reasonable relationship (i.e. appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification wage rate and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award the contractor prepares a written report listing in order the proposed classification title(s) a Federal grade equivalency (FGE) for each proposed classification(s) job description(s) and rationale for proposed wage rate(s) including information regarding the agreement or disagreement of the authorized representative of the employees involved or where there is no authorized representative the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action together with the agency's recommendations and pertinent information including the position of the contractor and the employees to the Wage and Hour Division U.S. Department of Labor for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt the Wage and Hour Division approves modifies or disapproves the action via transmittal to the agency contracting officer or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request the ""Service Contract Act Directory of Occupations"" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember it is not the job title but the required tasks that determine whether a class is included in an established wage determination.

Conformances may not be used to artificially split combine or subdivide classifications listed in the wage determination."