Amendment_0001_with_attachments_6-20-14.pdf

NSN 7540-01-152-8070 STANDARD FORM 30. (Rev. 10-83) Previous Edition unusable Prescribed by GSA FAR (48 CFR) 53.243

Page of Pages AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code

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

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than item 6) CODE

(x) 9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

8. NAME AND ADDRESS OF CONTRACTOR (NO., Street, Country, State and ZIP Code)

CODE FACILITY CODE

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning ______ copies of 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 OR OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your 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 ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

Check One

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

CONTRACT ORDER 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)

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

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

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

15B. CONTRACTOR/OFFEROR 16B. UNITED STATES OF AMERICA

(Signature of person authorized to sign)

15C. DATE SIGNED

(Signature of Contracting Officer)

16C. DATE SIGNED

Continuation Page

PAGE 2 OF 5 GS-01P-14-BW-D-0020/0001

Continued from Block 14...

1. SF 1449 Pricing Scheduled is revised as follow:

CLIN 0058, 1058, 2058, 3058, & 4058 is revised to read as follows: Provide Landscaping Services at West Berkshire LPOE.

2. SECTION I - Contract Clause - Remove and replace with revised Section I.

3. SECTION L - Instructions to Offerors - Section L is revised to update Evaluation Factors 2 & 3 and also incorporates the proposal submission instructions.

4. Answers to Questions as of 6/20/2014 are attached.

5. The proposal due date remains 7/1/2014, 2:00 PM. This Amendment shall be acknowledged by one of the methods in Block 11. above.

Attachment Page

PAGE 3 OF 5 GS-01P-14-BW-D-0020/0001

SOLICITATION GS-01P-14-BW-D-0020

Combined O&M at various LPOEs in Vermont

RFP Questions & Answers 6-20-14

1. Q. SOW refers to this document and provides what appears to be a hyperlink on page 343 which does not work. Can the proper link be sent?

a. Ref: EXHIBIT 23 PREVENTIVE MAINTENANCE SCHEDULE: Public Buildings

Service Operations and Maintenance Standards 2012 (PM Guide)

ANSWER: A copy of the PM Guide will be posted to FBO.

2. Q: Will the Government clarify below: is this sentence simply provided as part of the template or is the Government requiring a minimum manning level of one contractor employee per LPOE?

a. Ref: Building Operating Plan Template. On page 250 of the Derby Line Combined Services SOW, it states “At a minimum, the Contractor will be required to take all steps and measures which would be taken by a prudent building owner to maximize the life expectancy of the property, including having a journeyman mechanic/technician(s) on-site for a minimum of 8 hours per day, 8:30am-5:00pm.”

This sentence implies that there is a requirement for a contractor employee to be at each site for a minimum of 8 hours each day. Stipulating that we must man each LPOE with a minimum of one full time employee greatly reduces innovation and pricing efficiency.

ANSWER: The Building Operating Plan template is only an example of the structure of how a finalized plan is to look. It does not contain contract requirements. Contractor is to comply with any on-site requirements as stated in section C of the statement of work.

3. Q: What does the acronym SOA stand for?

a. Ref: C.5.3.3, page 67. Snow and Ice Removal “Contractor will be issued an SOA and required to provide unit pricing (by the hour) for bucket loader, dump truck, laborers and any other equipment necessary to remove snow from the roofs and canopies.”

ANSWER: SOA stands for Solicitation, Offer, & Award, which is an internal form used to request additional services.

4. Q: Line Items *052 and *058 identically read “Provide Landscaping Services at Richford LPOE” and it appears that Item No. *055 - *060 relate to the West Berkshire LPOE - we are assuming this is not an intentional CLIN duplication; can the Government confirm and issue a revised CLIN structure?

a. Ref: Page 5 of 32 GS-01P-14-BW-D-0020

ANSWER: This CLIN will be corrected by Amendment.

5. Q: Please confirm that there is no Contractor requirement to provide inch-wise unit prices for Snow Services as there is no applicable CLIN.

a. Ref: Pricing Exhibit – SNOW SERVICES (PLOWING, SANDING AND REMOVAL) includes “In addition to the monthly contract price, the unit price for snow services

PAGE 4 OF 5 GS-01P-14-BW-D-0020/0001

shall be established by dividing the total lump sum seasonal cost for this work by the estimated seasonal quantity of (see chart below for each site). This unit price shall be expressed per inch.”

ANSWER: Correct. A monthly bid price only is required. See Para. 2 of the Pricing Exhibit for calculation of the unit price.

6. Q: Please confirm that Section B includes all applicable Line Items to be priced for the contract.

a. Ref: Section M (page372) Total Evaluated Price formula table’s Item Numbers do not match the CLIN structure found in Section B.

ANSWER: An Amendment will issued to revise the Pricing Table to match Section B.

7. Q: What is the deadline for question submissions?

a. Ref: Section L&M (page 366-372)- unable to locate any information for question submission cutoff. Please advise.

ANSWER: The deadline for submitting questions is June 26, 2014.

8. Q: What will the protocol be for final submission? Will both electronic and hard copy be required? How many copies of each?

a. Ref: Section L (pages 366-371): There is no clear instruction for any type of submission.

ANSWER: An Amendment will be issued revising Section L.

9. Q: Based on the definitions given for a Contract Teaming Agreement can you please verify the quantity of Past Performance and Experience write ups required. We are a preexisting LLC however we are currently only a “shell” of a company and have not actually won any work. However, both companies that make up the LLC have relevant PP/experience. We are unclear how to define ourselves based on the given references in the RFP.

ANSWER: Please follow the instructions in Section L regarding teaming arrangements. “If the proposed Team has not performed together in the past, then separate Past Performance Evaluations for each Team Member (3 each in accordance with the above) are required and submit 3 for each company.

10. Q: Due to page count limitations and the requirement for contractors to submit a preventive maintenance schedule for equipment and systems, we respectfully request the contractor preventive maintenance schedule be excluded from page count. In the alternative, will GSA allow contractors to submit a sample preventive maintenance schedule for only one location?

a. Ref: Section L: Technical Proposal 3.0 Management Plan “The Management Plan shall be limited to no more than forty (40) typewritten pages, excluding resumes and brochures…….” & GSA Equipment Inventory List – 119 Total Pages

ANSWER: The page count will exclude the PM schedule. See Amendment with revised Section L.

11. Question: Can the Government please clarify the requirements for Paragraphs 6 and 8 as they appear to be asking for the same/similar information?

a. Ref: Section L, Technical Proposal, Management Plan. Paragraph 6 and Paragraph

8 appear to ask for the same information with regard to preventative maintenance.

“6. A proposed preventative maintenance schedule for equipment and systems to be

PAGE 5 OF 5 GS-01P-14-BW-D-0020/0001

maintained.” “8. . . . the contractor is to provide an outline Preventative Maintenance (PM) plan, detailing proposed maintenance service frequencies for equipment to be maintained at the sites.

ANSWER: See Amendment with revised Section L, Management Plan.

A

I. CONTRACT CLAUSES

Note: The full text version of the clauses incorporated by reference in this solicitation can be found in the Federal Acquisition Regulation (FAR). The FAR can be accessed at the following internet address:

http://www.arnet.gov/far/

Clauses Incorporated By Reference

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (May 2014)

FAR 52.216-22 Indefinite Quantity (OCT 1995)

Contractor shall not be required to make any deliveries under this contract after 03/31/2020.

Note: the minimum guarantee under this contract is $1,000.

FAR 52.216-27 Single Or Multiple Awards (OCT 1995)

FAR 52.217-8 Option to Extend Services (NOV 1999) 30 days

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 30 days 60 days 5 years, 6 months

52.223-2 Affirmative Procurement of Bio based Products Under Service And Construction Contracts (Sep 2013) The environmental point of contact is: PBSbiobasedreporting@gsa.gov

52.223-3 Hazardous Material Identification and Material Safety Data. (Jan 1997)

52.223-7 Notice of Radioactive Material is (Jan 1997)

52.223-10 Waste Reduction Program (May 2011)

52.223-11 Ozone-Depleting Substances (May 2001)

52.223-19 Compliance with Environmental Management Systems (May 2011)

FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997)

Clauses Incorporated By Full Text

Attachment 1 to Amendment 0001

GS-01P-14-BW-D-0014

52.215-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (MAY 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of

2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L.

111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

_X_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of

Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT

2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul

2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000)

(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657 f).

__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the

WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_ (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

_X_ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_X_ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC

2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

_X_ (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C.

3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013)

(31 U.S.C. 3332).

_X_ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple

Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services—Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the

Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

LIMITATION OF GOVERNMENT’S OBLIGATION

(a) Contract line item(s) * through * are incrementally funded. For these item(s), the sum of $

* of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in Paragraph (J) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.” As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor shall be notified that funding is available by email (as annotated on the award document) to the contractor 15 days prior to the incremental funding dates as outlined in Paragraph J. Notice of funding will also be provided via a website (https:\\finance3.gsa.gov). If after such notification additional funds are not allotted prior to the expiration date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor agrees to continue performance in accordance with the contract.

The provisions of paragraphs (b) and (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below in Paragraph J, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. § 1342.

(j) The parties contemplate that the Government will allot funds to this contract in increments from the date of award in accordance with the following schedule:

On execution of contract*

(month) (day), (year) $ ________**

(month) (day), (year) $ ________**

(month) (day), (year) $ ________**

* Insert the award date of the contract award ** To be inserted after negotiation.

(End of clause)

52.242-15 - STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 10 calendar days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either—

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 10 calendar days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify the action, the Contracting

Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

INSURANCE:

The Contractor must refer to the FAR clause 52.228-5 "Insurance - Work on Government Installation" incorporated by reference herein. The coverages specified below, pursuant to Subpart 28.307 of the Federal Acquisition Regulation (FAR), are the minimum insurance required.

(a) Workers' Compensation and Employer's Liability. Contractors are required to comply with applicable Federal and State Workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(End of clause)

NOTICE TO PROCEED

The Contracting Officer will issue the Notice to Proceed on this contract only after receipt from the contractor, and approval by GSA, of

1. All required security clearance documents and

2. Approved Quality Control Plan.

3. All required periodic cleaning and preventive maintenance schedules

4. A Certificate of Insurance in strict accordance with contract clause FAR 52.228-5 "Insurance Work on a Government Installation"(received)

. PERFORMANCE BASED SERVICE CONTRACT

This contract is a performance based service contract.

GSAM 552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF

COMMERCIAL ITEMS (JUL 2003) {Reference GSAM 512.301(a)(2)]

(a) Provisions.

552.237-70 Qualifications of Offerors

(b) Clauses.

552.203-71 Restriction on Advertising

552.211-73 Marking

552.215-70 Examination of Records by GSA

552.228-70 Workers’ Compensation Laws

552.229-70 Federal, State, and Local Taxes

552.232-8 Discounts for Prompt Payment

552.232-23 Assignment of Claims

552.232-72 Final Payment

552.232-78 Payment Information

552.237-71 Qualifications of Employees

552.246-76 Warranty of Pesticides

Attachment 2 to Amendment 0001

L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS/OFFERORS

PROVISIONS INCORPORATED BY REFERENCE

52.212-1 - Instructions To Offerors—Commercial Items (Apr 2014)

52.223-1 - Biobased Product Certification (May 2012)

52.223-4 - Recovered Material Certification (May 2008)

52.223-5 - Pollution Prevention and Right-to-Know Information (May 2011)

SUBMISSION REQUIREMENTS

PRICE AND BUSINESS PROPOSAL

Each offeror shall submit a proposal containing the following:

1. PRICE PROPOSAL

The offeror shall complete and return an original, signed Standard Form (SF) 1449 (Solicitation/Contract/Order for Commercial Items) with its offer. Offerors shall price all contract line items. Failure to price all line items may be grounds for determining an offeror to be non-responsive to the solicitation.

2. CONTRACTOR TEAM ARRANGEMENT

If the offeror is proposing a Contractor Team Arrangement in accordance with Federal Acquisition Regulation (FAR) Subpart 9.601 (1), either as a Joint Venture or Partnership, it shall:

a. All offers submitted must include a copy of an executed joint venture or partnership agreement (with original signatures) which fully discloses the legal identity of each member, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member;

b. An authorized representative of each member of the joint venture or partnership must sign the SF 1449 accompanying an offer;

c. In the case of corporations that are joint venture or partnership members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture or partnership, either by so certifying in the joint venture or partnership agreement, or by submitting a separate certification to the Government.

The joint venture or partnership must also provide a certificate that identifies a principal representative of the joint venture or partnership with full authority to bind the joint venture or partnership;

d. In the case of a small business set-aside, all offers submitted must include documentation to demonstrate that the Team proposed meets the requirements of the particular small business program utilized.

If the offeror is proposing a Contractor Team Arrangement in accordance with FAR Subpart 9.601(2), as a prime contractor with one or more significant subcontractors, it shall:

a. All offers submitted must include a copy of any executed subcontract or written agreement (with original signatures) or other documentation clearly explaining the nature and extent of the contractual relationship. Clearly define the proposed roles and responsibilities of each Team Member;

b. All offers submitted shall clearly indicate how the prime contractor plans to meet FAR Clause 52.219-14, Limitations on Subcontracting, which requires that at least 50% of the cost of contract performance be incurred for personnel that are employees of the prime contractor.

c. In the case of a small business set-aside, all offers submitted must include documentation to demonstrate that the Prime Contractor meets the requirements of the particular small business program utilized.

3. CURRENT CERTIFIED FINANCIAL STATEMENT(S)

Offerors shall submit a copy of the last certified financial statement prepared for the offerors firm along with a copy of any interim reports since the closing date of that statement. These statements will be used in determining the offeror’s financial capacity to perform the work required by this contract. Offerors may use GSA Form 527 to disclose financial information in lieu of submitting a certified financial statement.

In the case of a Joint Venture or Partnership proposed in accordance with FAR Subpart 9.601(1), a current, certified financial statement or a GSA Form 527 is required from each member of the joint venture or partnership.

4. REPRESENTATIONS AND CERTIFICATIONS OF OFFERORS

See FAR Clause 52.212-3 (Offeror Representations and Certifications – Commercial Items) for submission requirements.

In the case of a Joint Venture or Partnership proposed in accordance with FAR Subpart 9.601(1), representations and certifications are required from each member of the joint venture or partnership in accordance with FAR Clause 52.212-3.

TECHNICAL PROPOSAL

Each offeror shall submit a proposal containing the following:

1. PAST PERFORMANCE OF THE FIRM(S)

This factor considers how well an offeror has performed in the past. Past performance is a key indicator of future performance.

The offeror shall provide a minimum of three (3) formal Past Performance Evaluations completed through the Contractor Performance Assessment Reporting System (CPARS) or a similar Government evaluation system within the past five (5) years for projects that are similar in magnitude, scope and complexity to that identified in this solicitation, preferably from three

(3) separate contracts.

If the above requirement cannot be completely satisfied through formalized evaluations, the offeror is to indicate that in its proposal and is responsible to ensure that the attached CPARS form(s) is/are completed to satisfy the minimum requirement. These forms are to be completed and submitted by the reference directly to GSA. Ensure that the CPARS form is thoroughly completed (including the narrative portions) to allow a proper comparison of magnitude, scope and complexity to the services identified in this solicitation. The narratives shall provide the detail describing the contract requirements including any key subcontractors used (block 15).

Block 20 shall be used to describe why the ratings in block 18 were given. Completed CPAR forms received by the Government after the date and time established for receipt of proposals shall not be accepted. Please be advised that the failure to receive this information may adversely impact the assessment of your firm's past performance and overall proposal. The contact identified by the offeror shall complete the form and submit directly to:

General Services Administration, PBS, 1PSA Attn: Carolyn Weekes, Contract Specialist 10 Causeway Street, Room 1100 Boston, MA 02222

If the offeror is proposing a Contractor Team Arrangement in accordance with Federal Acquisition Regulation (FAR) Subpart 9.6, it shall clearly indicate whether the Past Performance Evaluations provided in accordance with the above were for projects completed by the same Team. If the proposed Team has not performed together in the past, then separate Past Performance Evaluations for each Team Member (3 each in accordance with the above) are required.

In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance. The Offeror, however, must affirmatively state this in its proposal to identify the status to GSA.

The Government reserves the right to verify past performance evaluations by reviewing CPARS or other Government appraisal systems. The Government will rely on the written evaluations provided, but may also check any cited references to verify supplied information.

The Government is not limited to the evaluations provided. Any additional sources of information concerning the offeror’s past performance which the government becomes aware of can be considered in the evaluation of the contractor’s past performance.

2. EXPERIENCE OF THE FIRM(S)

This factor considers the extent of the Offeror’s past experience as a firm in providing similar services. For each contract provided in the above Evaluation Factor (“Past Performance of the Firm(s)”), the Offeror shall explain the following in a detailed narrative:

a. how the characteristics of each of the selected contracts above relate to the services required by this solicitation;

b. how these contracts demonstrate the firm’s capability to successfully perform these services.

The degree of similarity (as defined by the individual elements listed in the above Evaluation Factor) of the projects presented is more important than the quantity of the projects presented.

Projects that satisfy more of the criteria will be rated more highly than projects that satisfy fewer criteria.

For each contract provided in response to this factor, the Offeror shall explain in a detailed narrative how the characteristics of the selected contract relate to the services required by this solicitation. Information shall include at least three (3) “similar” contracts significantly completed within the past five (5) years. A similar project is defined as a project that is comparable in magnitude, scope, complexity and duration to the requirements as defined by this Request for Proposal, including Scope of Work.

This factor will be evaluated based upon the written response to the RFP by the Offeror and the past experience demonstrated by the presented projects. If the Offeror materially misrepresents information relating to its experience, the Contracting Officer may reject the proposal.

If the Offeror is proposing a Contractor Team Arrangement in accordance with Federal Acquisition Regulation (FAR) Subpart 9.6, it shall clearly indicate in the detailed narrative whether the contracts provided in accordance with the above were completed by the same Team. If the proposed Team has not performed together in the past, then separate contracts and detailed narratives for each Team Member (3 each in accordance with the above) are required.

3. MANAGEMENT PLAN

The Management Plan shall be limited to no more than forty (40) typewritten pages, excluding resumes and brochures and PM schedules, and shall address all critical elements of the solicitation. The Management Plan shall include at a minimum:

1. If the offeror is proposing a Contractor Team Arrangement in accordance with Federal Acquisition Regulation (FAR) Subpart 9.601(2), as a prime contractor with one or more subcontractors, it shall completely address both how the prime plans to manage the subcontractor(s) to ensure contract performance and how the prime will be able to continue uninterrupted performance in the event that the approved subcontract(s) are terminated by either party(s).

2. An organizational chart illustrating key personnel both on- and off-site;

3. A staffing plan listing positions to be staffed by trade and scheduled hours. This plan should identify on-site representatives, and outline their roles, responsibilities and levels of authority. Describe the methodology to be used to evaluate on-site staffing performance initially and on an on-going basis; include approach to cover unexpected workload fluctuations and absences such as sick leave, vacations and training.

4. Proposed daily, monthly, and periodic cleaning schedules for all tasks identified in the solicitation;

5. Resume(s) for any individual(s) designated to have supervisory authority and for any person considered key to the successful administration of the contract. Resumes shall include a description of the duties, skills, abilities, experience and education of the individual.

Resumes shall include a list of professional licenses and certifications, along with formal training and other minimum qualifications, as required by the Statement of Work and applicable industry standards;

6. A proposed preventative maintenance schedule for equipment and systems to be maintained for a sampling of two of the ten facilities: North Troy and Derby Line (Rte 5).

7. A list of proposed subcontractors and the type of work they will be performing;

8. A Quality Control (QC) Outline. The QC outline shall describe the offeror's quality control system and should identify responsible officials, the level, methods and frequencies of inspections and the procedures to follow-up and correct deficiencies;

9. A Customer Service Plan to ensure that positive customer relations are maintained. The Customer Service Plan should include procedures for service call response and communications with customers;

10. An emergency response plan to demonstrate the firm’s ability to respond to unexpected events such as floods, entrapments, oil leaks, power failures, etc.

11. A plan for training and orienting new employees;

12. Describe the staffing approach for handling additional service requests in conjunction with the daily maintenance schedule. Include approach to cover unexpected workload fluctuations and absences such as sick leave, vacations and training;

13. Describe the approach to be taken in handling activities relating to the transition to GSA’s National CMMS and discuss the methodology for handling activities relating to this prior to implementation of the National CMMS. These activities include: work order and preventative maintenance tracking, PM schedule management, miscellaneous hours tracking, etc.

4. ENVIRONMENTAL CONSIDERATION PLAN

The Environmental Plan should describe the offeror’s proposed plan to assist PBS in attaining GSA’s goal of achieving a Zero Environmental Footprint. GSA’s Zero Environmental Footprint goals include ceasing to produce carbon emissions, use virgin materials or produce waste, thereby eliminating any negative environmental impact caused by the building and its occupants.

The plan should describe a system for identifying and complying with the various environmental, energy conservation, affirmative procurement program, recycling, use of environmentally preferable products and recycled content products, and other green standards set forth in the statement of work.

The plan should address methods the contractor will use to reduce consumption of non-renewable resources, minimize waste and environmental impact, and to create a healthy productive environment. All aspects of the proposed plan must be consistent with the Statement of Work.

SITE VISIT(S)

All offerors are strongly encouraged to visit the site(s). Unless modified by the Government via Amendment, sites visit(s) will occur on the following days:

Sites visits will hold on the following dates:

June, 18.2014 and June 19, 2014

Location:

Starting on the June 18, 2014 Time: 10:30AM US Port of Entry 84 Main Street, Rte 5 Derby Line, VT, 05830-0000

Point of contract:

Thomas Eberhardt Email Thomas.eberhardt@gsa.gov Work Number: (802) 828-4483

SUBMISSION OF PROPOSALS:

A. Offerors are requested to submit one (1) original and three (3) copies of its proposal, which includes both the technical and pricing data. In addition, offerors shall provide an electronic copy of the entire proposal on disk. Proposals must be marked as RFP GS-01P-14-BW-D-0020.

Proposals shall be received no later than 2:00 p.m. local time on July 1, 2014. Proposals shall be sent to the following address:

General Services Administration ATTN: Carolyn Weekes, Contract Specialist Acquisition Branch, 1PSA T.P. O’Neill Federal Building 10 Causeway Street, Room 1100 Boston, MA 02222-1077

B. Proposal Arrangement:…