AMENDMENT 0002 HDEC08-12-R-0002.doc

HDEC08-12-R-0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

Solicitation HDEC08-12-R-0002 for Shelf Stocking, Receiving/Storage/Holding Area, and Custodial Operations at the Peterson AFB Commissary, located near Colorado Springs, is hereby amended as follows:

1. Amended Attachment 2, Performance Work Statement (PWS). PWS dated May 21, 2012 is replaced in its entirety with PWS dated August 23, 2012. Changes made have been highlighted in yellow. The following changes are incorporated into the PWS as follows:

- Exhibit 4-3, FDS Distributor Delivery Schedule

- Exhibit 4-6-1, Night Custodial Surveillance Frequencies and Quality Standards, PRS(6)

- Exhibit 4-6-4, Night Custodial Surveillance Frequencies and Quality Standards, PRS(7)

- Exhibit 4-6-5, Night Custodial Surveillance Frequencies and Quality Standards, PRS(8)

2. Attachment 5, Cost Breakout, is removed and replaced with Attachment 5, Volume I Cost Breakout Amendment 0001 version. Printing and formatting issues have been addressed and corrected, proposal MUST utilize amended Attachment 5.

3. Attachment 7, Typical Daily Work Schedule Labor Summary, is removed and replaced with Attachment 7, Typical Daily Work Schedule Labor Summary Amendment 0001. Changes were incorporated in DLS to Custodial Direct Labor – Outside Area as highlighted in yellow.

4. Amended Solicitation Section G, Contract Administration Data:

5. Amended Solicitation Section I, Contract Clauses:

- Deleted Clause 52.204-7, Central Contractor Registration.

- Deleted Clause 252.204-7004 Alt A, Central Contractor Registration Alternate A.

- Added Clause 52.204-99, (Deviation) System for Award Management Registration

(August 2012) (DEVIATION), see below.

- Added Clause 52.232-99, Providing Accelerated Payment to Small Business Subcontractors

(Deviation 2012-00014) (August 2012), see below.

6. Amended Solicitation Section L, Instructions, Conditions, and Notices to Bidders:

- Added Clause 52.252-5, Authorized Deviations in Provisions (April 1984), see below.

7. List of Attendees from the Pre Award Site Visit on August 14, 2012, is provided in Enclosure 1.

8. Questions and answers from the Site Visit are provided in Enclosure 2.

9. CLOSING DATE DID NOT CHANGE. Proposal shall be submitted no later than 3:00 p.m. on September 13, 2012 to the address indicated in Block 7 of this amendment.

SUMMARY OF CHANGES

SECTION I - CONTRACT CLAUSES

The following have been deleted:

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.204-99

FAR 52.204-99 (DEVIATION)

System for Award Management Registration (August 2012) (DEVIATION)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor's CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b) (1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number-

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical) .

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity) .

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the

Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR;and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of

Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-2067828 for international calls.

(End of Clause)

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.232-99

52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS

(DEVIATION 2012-00014) (August 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11,2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

SECTION L – CONTRACT CLAUSES

The following have been added by full text:

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

http://www.arnet.gov/far http://farsite.hill.af.mil www.acq.osd.mil/dp/dars.html (End of provision)

Enclosure 1

List of Attendees at the Pre Award Site Visit on August 14, 2012:

Name

Company

Kristine Poltrick

DeCA LEAS West /Contract Specialist

Brian Toon

Aspen Pointe

Gary Henry iModus3

Craig Battle

MV Facility Services

Donald Page

A & D Services

David Montoya

Logistical Customer Service Inc.

Bill Jenkins

Crescent Resources

Mary Harasimowicz

E & S Diversified Services

Greg Willis

CCT

Linda Bassett

CCT

Enclosure 2

Questions and Answers Peterson AFB Commissary

QUESTION 1:

Past Performance: Can a teaming partners' past performance be included and considered viable Past Performance for Volume III?

ANSWER 1:

As a teaming agreement between two parties offers no assurance to DeCA that the teaming arrangement will remain intact throughout the life of the contract and provides DeCA privy of contract with the entity who signs the offer vs. both parties of the teaming agreement. Therefore, past performance for the signatory of the offer is the only past performance that would be considered. A Joint Venture, on the other hand, binds all entities of the Joint Venture and allows DeCA to take into consideration the past performance of all entities. A copy of the Joint Venture has to be provided along with the proposal for the requirement.

QUESTION 2:

Staffing (Vacation time): Because of the vacation requirements set forth in the CBA for incumbent personnel and the necessity to offer incumbent personnel employment, we are requesting the hire dates for all incumbent personnel, by position (incumbent names not required). This will allow us to calculate the amount of vacation time each incumbent accrues and accurately calculate the burden for said vacation.

ANSWER 2:

Eligible vacation days, based on hire dates for the personnel under the CBA, can be obtained from the union representative, Regina Robinson at (757) 287-1924.

QUESTION 3:

PWS - Section 13.1- We would like a clearer definition of the outside boundaries both for cleaning (specifically water-based/scrubbing), and for snow removal. The PWS states in section 13 " The Contractor shall clean the areas at the front of the building to the curb," however the back of the building is a level concrete area that includes the access way for trucks, etc. Is all this included in our area of responsibility? Likewise the front sidewalk is a large "community" type area with benches, a covered bus stop, etc. What is encompassed in the care of this area?

ANSWER 3:

Paragraph 13 of the PWS, OUTSIDE AREAS, states the following:

“The Contractor shall clean the areas at the front of the building to the curb, along the right hand side of the commissary, and behind the commissary. These areas, properly cleaned, shall be free of debris, to include, but not limited to cigarette butts and ashes, food residue, gum, bird and other droppings, and, ice and snow accumulations. The area(s) that the Contractor is required to clean are depicted on a drawing at EXHIBIT 4-7 “

Areas in front of the adjacent Base Exchange are not included in the contractor’s area of responsibility. The contractor is responsible for areas as depicted in EXHIBIT 4-6-4; to include benches etc. located directly in front of the commissary. The measurements depicted for the front of the commissary building to the curb is the contractor’s responsibility.

The other outside areas, to the right and back of the commissary, are contractors responsibility approximately ten feet from outer edge of building and the area around the dumpsters in rear of commissary. Please note Exhibit 4-6-4, which specifically states what areas the Contractor is responsible for and the appropriate square feet of each surface type it applies to.

Paragraph 13.1 Snow and Ice Removal, states the following:

“The Contractor shall provide snow and ice removal from front of the building, entrances/exits, to include emergency exits, loading docks and snow/ice accumulation on roof overhangs at entrances, exits and loading docks as required. An estimate of the number of square feet of area requiring snow and ice removal is included in EXHIBIT 4-6-4. During periods of snowfall when the rate of accumulation is less than 1" per hour, the Contractor shall remove all snow and ice to expose paved or concrete surfaces. During periods of snowfall when the rate of accumulation is greater than 1" per hour, the Contractor shall continuously remove snow as necessary, to preclude an accumulation of no more than 1" on paved/concrete surfaces or the grassy area leading from the emergency exit to the parking lot. The Contractor shall not allow snow banks to encroach onto other areas designated as emergency. The Contractor shall apply snow/ice removal materials commercially recognized as safe for local paved/concrete surfaces, as required to assist in the removal/build-up of snow and ice accumulation. In the grassy areas leading from the emergency exit to the parking lot, the Contractor shall remove all snow and ice to the extent possible without damaging the turf. Snow/ice removal materials shall not be used in the grassy areas, except those materials that are specifically identified as harmless to grass and other vegetation.”

The specific techniques used for cleaning and snow and ice removal are at the discretion of the contractor. The government’s concern is that the quality standards are achieved and maintained.

QUESTION 4:

PWS Section 4.3.3.5.Repair of Merchandise Labels states "The Contractor shall repair, as required, all merchandise labels that are torn or loose on Contractor-responsible line items". Does this include replacement and printing of new labels? And are missing labels included and considered damaged?

ANSWER 4:

The referenced PWS Section 4.3.3.5.Repair of Merchandise Labels, does not imply that the contractor has to print new labels or replace damaged or missing labels. If labels are torn or loose, the contractor is expected to repair them (using clear tape). If labels are missing or damaged beyond repair, the contractor is expected to remove the product and notify store management, who will provide instructions for disposition.

(End of Summary of Changes)