DOL111RP21271 Emplymnt Vfctn - AMND 0001.pdf

5. PROJECT NO.

CODE7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NO.

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODECODE

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:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ 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 AC- KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 10-83)

is required to sign this document and return ___________ copies to the issuing office.is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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. 12:00 PM EST; 11 JULY 2011

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

D. OTHER

BY

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

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 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(No., street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(If applicable)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

(X)

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

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

0001 06-24-2011

OASAM Office of Procurement Services U. S. Department of Labor

RM S4307

200 Constitution Ave., NW Washington DC 20210

OASAM Office of Procurement Services U. S. Department of Labor

RM S4307

200 Constitution Ave., NW Washington DC 20210

To all Offerors/Bidders DOL111RP21271

06-06-2011X

X X

N/A

X 1 (ONE)

The purpose of this amendment is to:

1. Include answers to Industry Questions.

2. Include Clause 52.212-3, reformatted for clarity

QUESTION # 1

3. DELETE: 52.212-1 - Instructions to Offerors -- Commercial Items. (Jun 2008), first paragraph.

4. ADD NEW: 52.212-1 - Instructions to Offerors -- Commercial Items. (Jun 2008), first paragraph.

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT 36. PAYMENT 37. CHECK NUMBER

FOR

PARTIAL FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OFCERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 3/2005) BACK

QUESTION # 2

3. DELETE: QUALITY CONTROL

4. ADD NEW: Reformatted paragraph numbers 1.3 – 1.10

5. DELETE: Basis for Award (*Removed need for Offeror Code)

6. ADD NEW: Basis for Award

QUESTION # 3

7. DELETE: C. Page Count.

8. ADD NEW: C. Page Count

QUESTION # 6

9. DELETE: 52.212-3 Offeror Representation and Certifications – Commercial Items (Jan 2011)

10. ADD: 52.212-3 Offeror Representation and Certifications

– Commercial Items (Jan 2011)

DEADLINE FOR PROPOSALS REMAIN: 11 JULY 2011; BY 12:00 PM

(NOON) EST

DOL111RP21271 0001 6/24/2011 3:02:16 PM

ANSWERS TO QUESTIONS FROM INDUSTRY:

1. Questions related to delivery of proposal.

In section 52.212-1 (Instructions to Offerors), it states that one paper copy and one digital copy of the proposal should be submitted via courier. Then further under section 52.212-1 (B. File Packaging) it states that all completed proposals will be submitted electronically to the email address fowler.christian@dol.gov. Finally, under I. (Delivery of Offers), it states only electronic copies will be accepted by email.

Can you please confirm that delivery of the proposal is only to be done electronically to fowler.christian@dol.gov?

Can you please indicate if each Volume is to be a separate electronic file or if the entire proposal should be included in one PDF file?

Is a separate digital copy required outside of the email?

1. Answer

-Yes, Only electronic delivery should be submitted to Mr. Christian Fowler at fowler.christian@dol.gov

-Yes, Each volume shall be submitted separately (not in one PDF file) and should be numbered accordingly as instructed.

-No, There is no need to mail a separate digital copy on disc.

2. Questions related to Volume I (Technical Approach).

The Solicitation makes reference to a Quality Control Plan (QCP) but it is not included as part of the specific tasks (Part 5):

Are there specific functions required for the QCP?

Is the QCP to be included as part of Volume I or as a separate attachment?

If it is a separate attachment, is it limited in length to 3 pages?

Resumes:

Are resumes considered attachments (which are limited to a total of five, no more than three pages each), or are resumes outside of attachments and therefore not limited to three pages?

2. Answer

-No, There is no requirement for a Quality Control Plan. This has been removed in Amendment 0001

-No, Resumes are no longer a part of this requirement since the place of performance is outside of the Department of Labor.

3. Questions related to Volume II (Past Performance).

Past Performance Questionnaire:

Are the three completed questionnaires the only items that belong in this section?

How can the page limit only be 15 pages when each questionnaire is six pages and we are required to have three completed, bringing the total number of pages to 18 which would put us over the page limit?

Can you please clarify the page limit so all three questionnaires can be included?

Should the offeror be including any narrative related to past performance (outside of the questionnaires) in this section?

3. Answer

-These are new Past Performance questionnaires, so the total page count was off. Past Performance Questionnaires are now unlimited in page count.

4. Questions related to Volume III (Subcontracting Plan).

Percentage of funding to Small Businesses:

What if the offeror cannot allocate at least 60% of the contract value to small businesses due to there not being viable small businesses that can conduct the required scope of work based on the specifications of the Solicitation?

4. Answer

-The Offeror shall project the allocation requested by the Department of Labor and continue to strive each year to reach the goals required by DOL.

5. Questions related to Volume IV (Price).

Minimum and Maximum Quantities:

Section 52.216-22 (Indefinite Quantity), section (b), references that a designated minimum and maximum quantity will be included in the Schedule (Section B-1, Price/Cost Schedule), and states that "The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum." However, the Schedule only references 2,000 CP2s as an estimated quantity. There are no minimum or maximum quantities provided.

What is the minimum quantity of supplies the Government shall order?

The minimum quantity for supplies or services shall not exceed the cost amount of $2,500.

What is the maximum quantity of supplies the Government shall order?

The minimum quantity for supplies or services shall not exceed the cost amount of $3,897,309.34.

Please refer to Clause 52.216-19 –Order Limitations (Oct 1995)

Form Pages for Budget:

Are SF 1449 (Schedule of Supplies/Services), Section B-1 (Price/Cost Schedule) Base Year, Schedule B-1 (Price/Cost Schedule) Option Year 1, Schedule B-1 (Price/Cost Schedule) Option Year 2, Schedule B-1 (Price/Cost Schedule) Option Year 3, and Schedule B-1 (Price/Cost Schedule) Option Year 4 the only forms required to be submitted in Volume IV?

Yes

Are any other supporting materials required as documentation for the Schedule of Supplies/Services and Price/Cost Schedule other than the above referenced forms?

No

6. Questions related to Volume V (Solicitation, Offer and Award Documents, Certifications/Representations).

Forms needed:

Section 52.212-3 (Offeror Representations and Certifications), states that an offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bnp.gov. However, it is unclear under paragraph (b) (1) and (b) (2) what is required.

Does the offeror simply need to copy the language under (b) (2) on a piece of letterhead and certify it is accurate?

No. Please fill out the sections in the clause that should be filled out.

What are the specific requirements of paragraphs b in this section?

Please refer to 52.212-3

If the offeror is up to date on ORCA, what other forms are required to be submitted?

Only what is required.

Volume V's instructions also say that the SF 1449 needs to be signed and submitted.

Is SF 1449 to be included in both Volume IV and Volume V?

No, SF1449 should only be in Volume V. Price, Volume IV, is its on volume.

7. Question: Would the DOL want access to the data base or is it only intended as a storage option?

7. Answer

- The database will act as a repository for employment contract/subcontract contractual relationship that our claims examiners would need daily access to for claims adjudication purposes.

DELETE:

1.3 QUALITY CONTROL: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Statement of Work (SOW). The contractor’s quality control program is the means by which work is reviewed to ensure compliance with the requirements of the contract. The Quality Control (QC) Plan is to be delivered with the contractor’s proposal. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the QC plan.

1.4 QUALITY ASSURANCE: The government shall evaluate the contractor’s performance under this contract in accordance with the performance standards.

1.4 RECOGNIZED HOLIDAYS: The contractor is not required to perform services on the following Federal holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.5 HOURS OF OPERATION: The contractor is responsible for conducting business, between the hours of 8:00 am to 5:00 pm, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6 PLACE OF PERFORMANCE: The work to be performed under this contract will be performed at the contractor’s facility or field offices.

1.7 TYPE OF CONTRACT: The government anticipates a single award indefinite delivery indefinite quantity contract vehicle with firm fixed price task orders.

1.8 SECURITY REQUIREMENTS: Contractor staffs are required to conform to DOL's security and privacy requirements as described below.

1.8.1 The Contractor shall comply with the Computer Security Act of 1987. All products and deliverables developed under this SOW shall comply with DOL Computer Security guidelines and the guidelines contained in OMB Circular A-130. All Contract staff working in DOL office space and/or using the DOL LAN/WAN and computer systems to perform duties under this SOW will agree to and sign the DOL Rules of Behavior for Computer Use and a Non-Disclosure Agreement. A copy of each signed and witnessed Non-Disclosure Agreement shall be submitted to the COTR prior to the employee performing any work under any task order.

1.8.2 The Contractor will be responsible for ensuring compliance by its employees with the security regulations of DOL and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any subcontractors while these employees are in federally owned or leased property as described in Section 4, Place of Performance. The Contractor will ensure the security of all DOL property, building ID badges, key cards and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys the same day the employees leave the project.

1.8.3 Background Investigations

DOL’s Enterprise Architecture data and work environment is considered sensitive but unclassified. DOL is required under the Homeland Security Presidential Directive (HSPD) 12 “Policy for a Common Identification Standard for Federal Employees and Contractors” to perform a National Agency Check with Inquiries (NACI) for Contractors. The NACI is a brief form of background investigation that is conducted through the Office of Personnel Management. This investigation will be conducted for Contractor staff assigned to this Contract.

Contractor staff will be required to provide two forms of acceptable identification, provide a current photograph, and be finger-printed. Successful clearance is required for an employee to continue working under this Contract. Per the PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL clause of the Federal Acquisition Regulation (FAR 52.204-9):

1.8.3.1 The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

1.8.3.2 The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

1.8.4 Privacy

Portions of information disclosed during the performance of this task are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.

1.8.5 Ownership

All products and deliverables developed under this SOW are the property of the U.S. Government and DOL.

1.8.6 Commitment to Protect Sensitive Information

The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)

1.9 CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR): The COTR will be identified by separate letter. The COTR monitors all technical aspects of the contract and assists in contract administration.

The COTR is authorized to perform the following functions: ensure the Contractor performs the technical requirements of the contract; ensure the contractor complies with all requirements of the SOW; review and evaluate the contractor’s progress in relation to expenditures; review invoices and vouchers for reasonableness and applicability, conditionally approve or disapprove invoices; conduct periodic contractor site visits; and review progress reports from contractor. A letter of designation issued to the COTR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COTR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COTR is not authorized to change any of the terms and conditions of the resulting contract.

1.10 PERSONNEL: The Contractor and key personnel will have extensive institutional knowledge of the current and historical operations performed at the DOE sites–the work being performed, the occupations related to construction or trades and the time period the contractors were on site, as well as DOE medical screening programs and the records they may have, and any other sources of information to identify subcontractors. The contractor must have access or the ability to gain access to documents from various local unions, health programs and pension funds. Contractor employees should have experience with researching and interpreting DOE and union related personnel records. The information may include data covered under the Privacy Act.

ADD:

1.3 QUALITY ASSURANCE: The government shall evaluate the contractor’s performance under this contract in accordance with the performance standards.

1.4 RECOGNIZED HOLIDAYS: The contractor is not required to perform services on the following Federal holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.5 HOURS OF OPERATION: The contractor is responsible for conducting business, between the hours of 8:00 am to 5:00 pm, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6 PLACE OF PERFORMANCE: The work to be performed under this contract will be performed at the contractor’s facility or field offices.

1.7 TYPE OF CONTRACT: The government anticipates a single award indefinite delivery indefinite quantity contract vehicle with firm fixed price task orders.

1.8 SECURITY REQUIREMENTS: Contractor staffs are required to conform to DOL's security and privacy requirements as described below.

1.8.1 The Contractor shall comply with the Computer Security Act of 1987. All products and deliverables developed under this SOW shall comply with DOL Computer Security guidelines and the guidelines contained in OMB Circular A-130. All Contract staff working in DOL office space and/or using the DOL LAN/WAN and computer systems to perform duties under this SOW will agree to and sign the DOL Rules of Behavior for

Computer Use and a Non-Disclosure Agreement. A copy of each signed and witnessed Non-Disclosure Agreement shall be submitted to the COTR prior to the employee performing any work under any task order.

1.8.2 The Contractor will be responsible for ensuring compliance by its employees with the security regulations of DOL and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any subcontractors while these employees are in federally owned or leased property as described in Section 4, Place of Performance. The Contractor will ensure the security of all DOL property, building ID badges, key cards and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys the same day the employees leave the project.

1.8.3 Background Investigations

DOL’s Enterprise Architecture data and work environment is considered sensitive but unclassified. DOL is required under the Homeland Security Presidential Directive (HSPD) 12 “Policy for a Common Identification Standard for Federal Employees and Contractors” to perform a National Agency Check with Inquiries (NACI) for Contractors. The NACI is a brief form of background investigation that is conducted through the Office of Personnel Management. This investigation will be conducted for Contractor staff assigned to this Contract.

Contractor staff will be required to provide two forms of acceptable identification, provide a current photograph, and be finger-printed. Successful clearance is required for an employee to continue working under this Contract. Per the PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL clause of the Federal Acquisition Regulation (FAR 52.204-9):

1.8.3.1 The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

1.8.3.2 The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

1.8.4 Privacy

Portions of information disclosed during the performance of this task are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.

1.8.5 Ownership

All products and deliverables developed under this SOW are the property of the U.S. Government and DOL.

1.8.6 Commitment to Protect Sensitive Information

The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)

1.9 CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR): The COTR will be identified by separate letter. The COTR monitors all technical aspects of the contract and assists in contract administration.

The COTR is authorized to perform the following functions: ensure the Contractor performs the technical requirements of the contract; ensure the contractor complies with all requirements of the SOW; review and evaluate the contractor’s progress in relation to expenditures; review invoices and vouchers for reasonableness and applicability, conditionally approve or disapprove invoices; conduct periodic contractor site visits; and review progress reports from contractor. A letter of designation issued to the COTR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COTR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COTR is not authorized to change any of the terms and conditions of the resulting contract.

1.10 PERSONNEL: The Contractor and key personnel will have extensive institutional knowledge of the current and historical operations performed at the DOE sites–the work being performed, the occupations related to construction or trades and the time period the contractors were on site, as well as DOE medical screening programs and the records they may have, and any other sources of information to identify subcontractors. The contractor must have access or the ability to gain access to documents from various local unions, health programs and pension funds. Contractor employees should have experience with researching and interpreting DOE and union related personnel records. The information may include data covered under the Privacy Act.

DELETE:

52.212-1 - Instructions to Offerors -- Commercial Items. (Jun 2008)

PROPOSAL SUBMISSION: The offeror’s proposal shall be submitted via courier as set forth below. The offeror’s proposal shall consist of one (1) proposal in each respective separate volume with one original and one digital copy of each volume. The Volumes are I-Technical, II Past Performance, III - Small Business Subcontracting Plan, IV -Price, V-Solicitation, Offer and Award Documents and Certifications/Representation.

Files shall not contain classified data. The intent of this standardized format is not to limit creativity. Creativity is permitted within the parameters below to allow the Government a more fair and easy assessment of offers.

Questions regarding this solicitation must be submitted in writing only to Mr. Christian Fowler via email at:

Fowler.Christian@dol.gov. Questions must be submitted not later than June 17, 2011; 12PM EST Responses to questions submitted, if/as appropriate, will be responded to via an amendment to the solicitation only, which shall be posted to FedBizOps.

A. Format. The submission shall be clearly indexed and logically assembled. Each volume shall be appropriately numbered and clearly identified with the date and solicitation number in the header and/or footer and shall begin at the top of each page. Interested Offerors should contact the contract specialist via email for an offeror code. This code is to be used throughout your proposal in lieu of your company name or logo and must be clearly identified on each volume of your proposal. In order to obtain your alpha numeric code, please contact Mr. Christian Fowler at Fowler.Christian@dol.gov. A Table of Contents should be created using the Table of Contents feature in MS Word. MS Word (.doc) files shall use the following page setup parameters.

ADD:

52.212-1 - Instructions to Offerors -- Commercial Items. (Jun 2008)

PROPOSAL SUBMISSION: The offeror’s proposal shall be submitted via courier as set forth below. The offeror’s proposal shall consist of one (1) digital proposal in each respective separate volume. The Volumes are I-Technical, II - Past Performance, III - Small Business Subcontracting Plan, IV - Price, V- Solicitation, Offer and Award Documents and Certifications/Representation. Files shall not contain classified data. The intent of this standardized format is not to limit creativity. Creativity is permitted within the parameters below to allow the Government a more fair and easy assessment of offers.

Questions regarding this solicitation must be submitted in writing only to Mr. Christian Fowler via email at:

Fowler.Christian@dol.gov. Questions must be submitted not later than June 17, 2011; 12PM EST Responses to questions submitted, if/as appropriate, will be responded to via an amendment to the solicitation only, which shall be posted to FedBizOps.

A. Format. The submission shall be clearly indexed and logically assembled. Each volume shall be appropriately numbered and clearly identified with the date and solicitation number in the header and/or footer and shall begin at the top of each page. A Table of Contents should be created using the Table of Contents feature in MS Word. MS Word (.doc) files shall use the following page setup parameters.

DELETE:

a) Basis for Award. The Government will award a single Indefinite Delivery/ Indefinite Quantity Contract from this solicitation to the responsible offeror whose offer conforming to the solicitation is most advantageous to the Government based on the best overall proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the four evaluation factors: {Technical, Past Performance, Subcontracting Plan, and Price}. Factor I, Technical is significantly more important than Factor II, Past Performance and Factor III, Subcontracting Plan. All sub factors under Factor I, Technical are of equal importance. The Contracting Officer shall also conduct a price analysis in accordance with the techniques in FAR 15.404-1(b) (2). The non-Price factors combined are significantly more important than Factor IV, Price.

However, price will become significantly more important as non-price factors approach equality. Offerors are cautioned that the award may not necessarily be made to the lowest price offered. The Government is more concerned with obtaining superior technical features than with making an award at the lowest overall price to the Government. However, the Government will not make an award at a significantly higher overall price to the Government to achieve slightly superior technical features. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for Factor I, and its associated sub-factors (Understanding of Requirement, Key Personnel, Corporate Experience, Phase In and Phase-out Plan, Quality Control Plan, and Project Management Plan). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

ADD:

a) Basis for Award. The Government will award a single Indefinite Delivery/ Indefinite Quantity Contract from this solicitation to the responsible offeror whose offer conforming to the solicitation is most advantageous to the Government based on the best overall proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the four evaluation factors: {Technical, Past Performance, Subcontracting Plan, and Price}. Factor I, Technical is significantly more important than Factor II, Past Performance and Factor III, Subcontracting Plan. All sub factors under Factor I, Technical are of equal importance. The Contracting Officer shall also conduct a price analysis in accordance with the techniques in FAR 15.404-1(b) (2). The non-Price factors combined are significantly more important than Factor IV, Price.

However, price will become significantly more important as non-price factors approach equality. Offerors are cautioned that the award may not necessarily be made to the lowest price offered. The Government is more concerned with obtaining superior technical features than with making an award at the lowest overall price to the Government. However, the Government will not make an award at a significantly higher overall price to the Government to achieve slightly superior technical features. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for Factor I, and its associated sub-factors. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

DELETE:

C. Page Count. The page count is as follows:

PROPOSAL PART PAGE COUNT

Volume I–Technical

NTE 15 pages, excluding the QCP, excluding resumes, covers, title pages, executive summaries, and table of contents and supporting documentation attachments—each attachment may not exceed 3 pages, with no more than a total of 5 attachments.

Volume II–Past Performance NTE 15 pages, excluding covers, title pages, executive summaries, and table of contents.

Volume III–Subcontracting Plan No Page Limitation

Volume IV–Price No Page Limitation Volume V–Solicitation, Offer and Award Documents, Certifications/Representations

NTE 30 pages, excluding covers, title pages, executive summaries, and table of contents.

ADD:

C. Page Count. The page count is as follows:

PROPOSAL PART PAGE COUNT

Volume I–Technical

NTE 15 pages, excluding covers, title pages, executive summaries, and table of contents and supporting documentation attachments— each attachment may not exceed 3 pages, with no more than a total of 5 attachments.

Volume II–Past Performance No Page Limitation

Volume III–Subcontracting Plan No Page Limitation

Volume IV–Price No Page Limitation Volume V–Solicitation, Offer and Award Documents, Certifications/Representations

NTE 30 pages, excluding covers, title pages, executive summaries, and table of contents.

DELETE / ADD:

(Clause reformatted for clarity)

A.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS

(JAN 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it [ ] is, [ ] is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues

__ 50 or fewer __ $1 million or less

__ 51--100 __ $1,000,001--$2 million

__ 101--250 __ $2,000,001--$3.5 million

__ 251--500 __ $3,500,001--$5 million

__ 501--750 __ $5,000,001--$10 million

__ 751--1,000 __ $10,000,001--$17 million

__ Over 1,000 __ Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-- Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either--

(A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___________________.]

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:____________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246--

(1) Previous contracts and compliance. The offeror represents that--

(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ] has, [ ] has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate.