Amend2.pdf

F1Q3CS0104A001

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This amendment is required to change the evaluation criteria in Addendum and FAR 52.212-2, delete the w ord "DRAFT" from SF 1449, page 2, and to replace w age decision 2005-2097, Rev 10 w ith w age decision 2005-2097, Rev 11.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 25-Jun-2010

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X FA4497-10-R-0003

X 9B. DATED (SEE ITEM 11)

18-Jun-2010

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer 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 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 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 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 NO. AS DESCRIBED IN ITEM 14.

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.

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.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

25-Jun-2010

CODE

436TH CONTRACTING SQUADRON

639 ATLANTIC STREET

DOVER DE 19902-5639

FA4497 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

FA4497-10-R-0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

This amendment is required to make the following changes:

1. SF 1449, “DRAFT” page 2 replace with the attached page 2.

2. Replace Wage Decision 2005-2097, Rev 10 with attached Wage Decision 2005-2097, Rev 11

3. Change the evaluation criteria in FAR 52.212-2 Evaluation-Commercial Items and ADDENDUM FAR 52.212-2 Evaluation-Commercial Items:

FROM: Past performance is approximately equal to Price when being evaluated.

TO: Past and present performance history will be evaluated on a basis significantly more important than cost or price consideration.

SECTION SF 1449 - CONTINUATION SHEET

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 PWS 22 11-MAY-2010 Attachment 2 Performance Plan 9 11-MAY-2010 Attachment 3 Wage Decision 11 07-JAN-2010 Attachment 4 Questionnaire 3 01-JAN-2008 Attachment 5 SampleCoverLtr 1 11-MAY-2010 to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 PWS 22 11-MAY-2010 Attachment 2 Performance Plan 9 11-MAY-2010

Attachment 3 Wage Decision 15-JUN-2010 Attachment 4 Questionnaire 3 01-JAN-2008 Attachment 5 SampleCoverLtr 1 11-MAY-2010

The following have been modified:

ADDENDUM TO 52.212-1

Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.”

Addendum to 52.212-1(e) Multiple offers. The paragraph is tailored as follows: Multiple offers will not be accepted.

Addendum to 52.212-1(h), Multiple awards. The paragraph is tailored as follows: Multiple awards will not be made.

ADDENDA TO 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS: PROPOSAL

PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

The response shall consist of two (2) separate parts; Part I – Price Proposal, and Part II – Past and Present Performance Information.

B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested .

However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness.

C. Specific Instructions:

PART I – PRICE PROPOSAL - Submit original and three (3) copies

(a) Complete the following SF 1449 blocks: 12, 17a including adding the CAGE code to the “Code” section; 24 which will contain the total dollar value of the proposed offer; and 30a, b, and c of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation, with attachments. The solicitation constitutes the model contract

(b) Pricing Schedule: Insert both the proposed Unit Price and Estimated Amount price in the Pricing Schedule. The proposal Pricing Schedule must be submitted for the entire period of the contract: For this solicitation that will include a base period plus four (4) Option Years.

(c) Complete the necessary fill-ins and certifications in provisions. The provisions FAR 52.212-3 –Offeror Representations and Certifications-Commercial Items shall be returned along with the proposal.

d) Return any solicitation amendments to the original solicitation documents, with signature from the same official authorized to sign the SF 1449.

PART II – PAST AND PRESENT PEFORMANCE INFORMATION – Only references for same or similar type contracts are desired. Submit original plus (3) copies.

(a) Quality and Satisfaction Rating for Contracts Completed and/or Currently in Progress in the Past Three Years:

Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance, management, and quality of completed product for same or similar type contract and magnitude as described in the Performance Work Statement (PWS). In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.

(b) Past and Present Performance Surveys: The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of this solicitation. The government will use information submitted by the offeror and other sources, such as other Federal government offices and commercial sources, to assess performance. Provide a list of no more than tem (10), of the most relevant contracts performed for Federal agencies and commercial customers within the last three (3) years, Jun 2007 – Jun 2010 Relevant contracts include:

(i) RECENT: For a contract to be considered recent, the contract must be performed or completed within the last three (3) years, Jun 2007 – Jun 2010

(ii) RELEVANT: Definition of relevant as related to this contract are similar or greater in scope and magnitude than the effort described in this solicitation as follows:

Very Relevant Present/past performance effort involved essentially the same scope, magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved much of the same scope, magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the same scope, magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort did not involved any of the same scope, magnitude of effort and complexities this solicitation requires.

SCOPE: Relevency in regard to scope will be assessed based on, but not limited to, the similiarites between a given Past Performance effort and Dover Air Force Base GroundsMaintenance Service effort.

MAGNITUDE: Relevancy in regard to magnitude will be assessed based on, but not limited to, the similarities between a given Past Performance effort and the Dover Air Force Base Grounds Maintenance requirement in terms of overall contract value.

COMPLEXITY: Relevancy in regard to complexity will be assessed based on, but not limited to, the similarities between a given Past Performance effort and the Dover Air Force Base Grounds Maintenance requirement in terms of grounds maintenance and landscape services of similar Air Force Base and commercial airfield grounds services.

The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. The offeror shall send copies of the Past and Present Performance survey(see Attchment 4 and Attachment 5) to between three (3) and five (5) Federal agencies or commerical companies for which the offeror has performed similar contract services within the last three (3) years . The companies receiving the survey shall complete the document and return the survey directly to the contracting office. Note that the contracting office will NOT consider Past and Present Performance (references) surveys received directly from the offeror. The offeror will include a list of the companies (references) to which the offeror sent Past and Present Performance Surveys as Part II of the proposal package; the Government will use the offeror’s references list to track received Past and Present Performance surveys. The References List must include the following information for each contract referenced:

(i) Company/Division name

(ii) Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Dollar Value

(vi) Period of Performance

(vii) Verified, up-to-date name, address, FAX and telephone number of the contracting officer

(viii) Comments regarding compliance with contract terms and conditions

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

(3) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

(4) Subcontractor Consent: Past and present performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past and present performance information to the prime contractor.

D. Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

1. Requirements of the solicitation (Supplies/Services Item Numbers) and Performance Work Statement (PWS), and government standards and regulations pertaining to the PWS.

2. Evaluation Factors for Award in Evaluation section of this RFP.

3. Providing a list of references and providing those references a copy of the Past and Present Performance

Survey.

4. Any limitation on the number of proposal pages. Pages exceeding the page limitations set forth in this solicitation will not be read nor evaluated; excessive pages will be removed from the proposal prior to the assessment process described in the Addendum to FAR 52.212-2 Evaluation process.

E. Affixing Contractor’s Signature

1. Individuals: A contract with an individual shall be signed by that individual. A contract with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual’s typed, stamped, or printed name and the words, “an individual doing business as(insert name of firm).”

2. Partnerships: A contract with a partnership shall be signed in the partnership name. Before signing for the Government, the contracting officer shall obtain a list of all partners and ensure that the individual(s) signing for the partnership have the authority to bind the partnership.

3. Corporations: A contract with a corporation shall be signed in the corporate name, followed by the word “by” and the signature and title of the person authorized to sign. The contracting officer shall ensure that the person signing for the corporation has the authority to bind the corporation.

4. Joint Ventures: A contract with a joint venture may involve any combination of individuals, partnerships, or corporations. The contract shall be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant. When a corporation is participating, the contracting officer shall verify that the corporation is authorized to participate in the joint venture.

5. Agents: When an agent is to sign the contract, other than as stated in paragraphs (a) through (d) above, the agent’s authorization to bind the principal must be established by evidence satisfactory to the contracting officer.

F. INFORMATION REGARDING SUBMISSION OF PROPOSAL:

1. DELIVERY THROUGH MAIL SERVICES (U.S. Post Office, UPS, FedEx, or other commercial service): Annotate the outside of the envelope to reflect the proposal number and the proposal closing date and time. The proposal will be mailed to:

436 Contracting Squadron/LGCB Attention: Luz E. Santiago 639 Atlantic Street, Room 204 Dover AFB, DE 19902-5639

2. HAND-CARRIED OFFERS: The sealed envelope or package used to submit your proposal must show the time and date specified for receipt of the proposal, the Solicitation Number, and the name and address of the offeror. Offerors are cautioned that, when hand-carrying offers to the 436th Contracting Squadron (Building 639, Room 204), those individuals not affiliated with this installation must obtain a Visitor’s Pass at the Visitor Control Center, Bldg 331, located at the Main Gate entrance to Dover AFB. The visitor must possess and present a current driver’s license, and current vehicle registration and insurance. An Offeror intending to hand-carry a proposal should allow sufficient time to obtain the visitor pass in order that he/she may arrive at the depository prior to the established time for receiving offers. Offerors are further cautioned that during a normal security posture some delay can be anticipated for the visitor to process through the Visitor Control Center; as the security situation on Dover AFB is subject to change without notice, this could create further delays to include a situation where no access to the installation can be granted. The burden for delivering the offer remains on the offeror. Late offers/proposals will be processed in accordance with the provision 52.212-1 Instructions to Offerors-Commercial Items. Hand-carrying a proposal is recommended to occur only during the hours between 8:00 a.m. through 4:00 p.m.. The Offeror shall take the following actions: Contact the Visitor Control Center at (302) 677-3645 to determine if the security posture is conducive to granting the offeror access. Contact the Contract Administrator identified on Page 1 of the SF1449, blocks 7a and 7b; determine if the Administrator will be available to sponsor the vendor’s access to the base. Late proposals will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

NOTE: FEDERAL HOLIDAYS: The following Federal Legal Holidays are observed by Dover Air Force Base:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January George Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

3. JOINT VENTURE AGREEMENTS - Joint Ventures are allowable on competitive 8(a) set-asides, however, the joint venture agreement must be received by SBA prior to proposal due date and approved before award of any resulting contract. If you are contemplating a joint venture on this project, you must advise your assigned SBA Business Opportunity Specialist (BOS) as soon as possible. It is also recommended that the agreement be submitted as soon as practicable to ensure compliance with established regulations. Any corrections and/or changes needed can be made only when your BOS has adequate time for a thorough review before the proposal due date. NO CORRECTIONS AND/OR CHANGES ARE ALLOWED AFTER TIME OF SUBMISSION

OF PROPOSAL OR BIDS.

End of Addendum

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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:

(1) PAST PERFORMANE

(2) PRICE

Past and present performance history will be evaluated on a basis significantly more important than cost or price consideration.

(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.

Addendum to FAR 52.212-2:

BASIS FOR CONTRACT AWARD: This is a competitive best value source selection in which competing offerors’ past and present performance history will be evaluated on a basis significantly more important than cost or price consideration. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and performance records. The evaluation process shall proceed as follows:

A. Initially, offers shall be ranked according to price, including option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Pricing Schedule by the unit price for each item to confirm the extended amount for each. The total of all CLINS will be evaluated for completeness and accuracy, and used for total evaluated price.

B. Using questionnaires, the contracting officer shall seek relevant performance information on the first five lowest priced offers based on (1) the references provided by the offeror and (2) data independently obtained from other government and commercial sources. Relevant performance includes performance of efforts involving grounds maintenance services that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation. The government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receive a “Substantial Confidence” performance assessment rating. The purpose of the past performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in the solicitation, based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Unknown Confidence as defined in MP5315.3, Table 3. Past performance regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement will be considered as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating “Unknown Confidence”, meaning the rating is treated neither favorably nor unfavorably.

Rating Description

SUBSTANTIAL

CONFIDENCE

Based on the offeror’s performance record, the government has a high expectation that the offeror will successfully perform the required effort.

SATISFACTORY

CONFIDENCE

Based on the offeror’s performance record, the government has an expectation that the offeror will successfully perform the requ

LIMITED

CONFIDENCE

Based on the offeror’s performance record, the government has a lowexpectation that the offeror will successfully perform the required effort

NO

CONFIDENCE

Based on the offeror’s performance record, the government has no expectation that the offeror will be able to successfully perform the required effort

UNKNOWN

CONFIDENCE

No performance record is identifiable or the offeror’s performance record is so sparse that no confidence assessment rating can be reasonably assigned

C. In evaluating past performance, the government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

D. If the lowest priced evaluated offer is judged to have a “Substantial Confidence” performance rating and is determined to be responsible, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

E. In the event that the government does not make an award pursuant to paragraph D above, the government reserves the right to award a contract to other than the lowest priced offer if that offeror is judged to have a performance assessment rating of “Satisfactory Confidence” make an integrated assessment best value award decision.

F. Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instructions to permit a meaningful assessment of past performance. Offerors may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award acontract without the opportunity for proposal revision.

G. The government intends to award a contract without discussions with respective offerors. The government,however, reserves the right to conduct discussions if deemed in its best interest.

(End of Addendum)

(End of Summary of Changes)