AMENDMENT_0001_TO_HDEC05-14-R-0002.pdf

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

AMENDMENT 0001 TO SOLICITATION FOR WALL TO WALL INVENTORY OF MILITARY COMMISSARY STORES.

This amendment is hereby issued to add the follow ing:

1) Addendum 52.212-4 (G) PAYMENT clause has been removed from the solicitation and placed in the revised Performance Work Statement (PWS). In addition, Attachment 1-9 (6) CONTRACT PAYMENTS of the PWS has been removed to incorporate the aforementioned Payment clause.

2) Instructions for submission of questions in response to the solicitation notice.

Summary of Changes as follow s.

POINTS OF CONTACT ARE:

Contract Specialist: Heather Jarratt (804) 734-8000, extension 86302, DSN: 687-8000, extension 86302, Heather.Jarratt@deca.mil Contracting Officer: Jill Craft (804) 734-8000, extension 86294, DSN: 687-8000, extension 86294, jill.craft@deca.mil

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 24-Sep-2014

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 HDEC05-14-R-0002

X 9B. DATED (SEE ITEM 11)

19-Sep-2014

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 1 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-Sep-2014

CODE

DEFENSE COMMISSARY AGENCY

ENTERPRISE ACQUISITION DIVISION

1300 E AVENUE

FORT LEE VA 23801-1800

HDEC05 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HDEC05-14-R-0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

INSTRUCTIONS FOR QUESTIONS

All questions of a technical and/or contractual nature concerning this solicitation shall be submitted in writing to Heather Jarratt, Contract Specialist at heather.jarratt@deca.mil no later than Wednesday, October 1, 2014 at 12:00 p.m. EST. A consolidated list of questions and answers, if applicable, will be provided to all prospective offerors as appropriate. Answers to questions will not alter the solicitation unless and until an amendment is made to the solicitation incorporating the answers.

PAYMENT CLAUSE

ADDED TO THE PERFORMANCE WORK STATEMENT (PWS):

6. PAYMENT

a. PAYMENT AMOUNT: After a service is accepted, the contractor will be paid at the amount listed on the task order. Inventory task orders are issued as fixed price orders based on the estimated quantities provided and the contractor’s proposed price. The Government’s estimate of the dollar value of inventory indicated in the task order is considered accurate within +/- 15% of the actual value at time of inventory. Therefore, as long as the actual inventory amount does not exceed 115% of the estimate, the inventory will be paid at the fixed price rate of the task order. If the actual inventory amount is less than 100% of the inventory estimate (no matter by how much), the contractor will be paid at the fixed price rate of the task order. The contract payment may only be adjusted in two scenarios, when the inventory exceeds 115% of the inventory estimate, and/or when liquidated damages are assessed because a contractor fails to complete the inventory within the time specified in the task order. Payment can also be adjusted to $0 for a contractor failure.

b. INVENTORY EXCEEDING 115% OF ESTIMATE: If an inventory amount exceeds 115% of the inventory estimate listed on the task order, the contractor will be paid for the additional inventory over 115% of the original estimate. The excess inventory amount will be paid at the unit price listed in the task order (per one thousands dollars of inventory over 115% of the estimated amount).

c. PAYMENT PROCESSING: After the contractor submits a proper electronic invoice via WAWF, the contract administrator at HQ DeCA, Acquisition Management Directorate, will use the signed Dollar Value Inventory Certification and the Inventory Control Logs to confirm performance of the inventory. After confirming performance of the inventory and receiving the contractor’s electronic invoice via WAWF, the contract administrator will then document acceptance and receipt of the service in WAWF. After all the items are properly submitted, the contract payment will be processed via DFAS electronically.

REMOVED FROM PWS:

6. CONTRACT PAYMENTS: All contract payments will be made through the Defense Finance and Accounting Service using the Wide Area Work Flow electronic commerce. Contractor shall refer to paragraphs F.

and G. of ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS, for payment processing instructions/requirements.

The following have been modified:

ADDENDUM TO 52.212-4

Addendum to FAR 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

I. CONTRACT TERMS AND CONDITIONS, TASK ORDERS

A. GENERAL INFORMATION

1. Offerors awarded a Firm Fixed Price indefinite delivery/indefinite quantity (IDIQ) task order contract will be given an opportunity to submit a price for inventory service requirements arising for the duration of the performance period, unless contractor requests consideration for only certain areas. In addition, awardees need not be given an opportunity to be considered for a particular order if the contracting officer determines that:

a. The agency need for such supplies or services is of such urgency that providing such opportunity would result in unacceptable delays;

b. It is necessary to place an order to satisfy a minimum guarantee;

c. The situation identified in Paragraph 4 below applies.

2. Offerors are not required to submit a price for every inventory service opportunity;

however, negative responses are required.

3. Inventory requirements, including performance date, time, estimated value, Service Contract Labor Standards wage determinations, and other necessary information, will be provided at the time prices are requested. Contractor travel costs are not handled separately. The contractor’s unit price must include any related travel costs associated with the performance of inventory services. At the contracting officer’s discretion, prices may be submitted and received in verbal, written, facsimile, e-mail, or any other method available.

4. Accountable inventories are usually performed once a year for each commissary. At times, additional inventories may be required during the same fiscal year. When more than one inventory is required by a commissary during the same fiscal year, a different contractor (other than the contractor that performed the initial or subsequent inventory) must be selected to perform the additional inventory.

5. To ensure the integrity of the inventory process, the Contractor must have enough personnel to ensure a disinterested party is available for all validation (second) and reconciliation (third) counts. A disinterested party is a person that has no prior knowledge of a specific section count or value. For example, an individual that conducted the initial count of a section can not validate that same section since they have prior knowledge of that section’s value. Contractors that use a team leader approach can not have their team leader perform any validation or reconciliation counts because a team leader usually has knowledge of the inventory section counts, and therefore, not a disinterested party.

B. PRICING OF TASK ORDERS: Unit prices for inventory services must be expressed in whole cents. Unit prices expressed in tenths or hundredths of cents will be rounded to the nearest whole cent for evaluation and award. EXTENSIONS IN PRICING WILL BE CORRECTED. UNIT PRICE INDICATED IN RESPONSE TO ANY REQUEST FOR PRICING (and rounded to the nearest whole cent, as applicable) WILL PREVAIL.

C. EVALUATION FOR TASK ORDER

1. Evaluation for award of task orders will be based on Low Price/Technically Acceptable (LPTA) during the contract period. Performance will be approximately equal to price. The Government will award the task orders to the offeror representing the best value to the Government. Individual inventory service performances will be competed amongst the multiple Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract holders as the services are required, and awarded based on the Lowest Price- Technically Acceptable offer.

2. Each task order for inventory service will contain a performance evaluation to be completed by the Store Director or his/her representative after the completion of the inventory service.

3. The performance evaluation will contain a rating of the following elements of the service performance: Quality of Service, Timeliness/Schedule, Management, and Management of Key Personnel.

4. The information contained in these evaluations will be used to create a past performance data bank for consideration in awarding future task orders. If a contractor’s recent performance differs significantly from the information in the past performance data bank, the Government reserves the right to use the more current information for future awards. Some situations that may impact future awards include, but are not limited to, cancelled inventories due to the contractor’s inability to perform, adverse reports of performance, trends in performance such as repeated lateness, and/or inability to complete services on time.

5. Prior to award of any order resulting from the pricing request, confirmation of ability to perform at each specific location may be obtained verbally or in writing from the apparent successful offeror for that location.

6. The Government reserves the right to obtain services elsewhere if none of the contractors are available for a performance at a reasonable price.

7. A contractor will not be considered for a commissary inventory if that contractor has already performed an inventory at the same commissary within the same fiscal year.

D. ISSUANCE OF TASK ORDERS

1. Inventory awards will be issued as fixed-priced task orders.

2. Task orders for inventory performance, to the extent practicable, will be issued at least 30 days in advance of the required performance date.

3. Orders may be issued by e-mail, hardcopy, or verbally.

4. Performance dates and times are not subject to change at the request of the contractor;

however, the Contracting Officer may agree to changes in extenuating circumstances.

E. MODIFICATIONS TO TASK ORDERS: Reference Paragraph (c): The Government may issue unilateral written administrative modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data. The contracting officer may also adjust the contract payment amount in accordance with the contract terms when an inventory exceeds 115% of the estimate listed on the task order, and/or when liquidated damages are assessed.

II. FAILURE TO PERFORM: Commissaries devote a substantial number of man-hours to prepare for an inventory; therefore, it is important that an inventory be conducted as scheduled. If for any reason a contractor fails to perform an inventory as scheduled, the contractor may be held liable to the Government for the commissary’s costs to prepare for that inventory, and potentially for re-procurement costs. Some examples of failure to perform include, but are not limited to, having less than two people to conduct an inventory, contractor team members not being able to gain access to the installation that the commissary is located on, and the contractor not having a disinterested team member to conduct validation counts. Since each commissary inventory involves a different level of effort, the contracting officer will consider the factors surrounding each situation on a case by case basis.

Breach of contract terms is also a failure to perform. An example of a breach is sharing a inventory section count with the person performing the validation count. By signing final inventory documentation and/or submission of an invoice, the delivery order awardee is certifying and making a claim that the effort has been accomplished within the confines of contract terms. Potential false claims may be submitted to authorities to investigate as to whether a violation of the False Claims Act (see 31 U.S.C. 3729-3733) has occurred.

III. Task Order Ombudsman: In accordance with FAR 16.505(b)(5), the Ombudsman for this contract is:

DEFENSE COMMISSARY AGENCY

DIRECTOR OF ACQUISITION MANAGEMENT

1300 E AVENUE

FORT LEE, VA 23801-1800

(End of Summary of Changes)