Amendment_3_-_SF30.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

Solicitation HDEC08-13-R-0004 for Shelf Stocking, Receiving/Storage/Holding Area (RSHA), and Custodial Operations for the Fort Riley Commissary, located in Fort Riley, Kansas, is hereby amended as follows:

1. Attachment 2 – Performance Work Statement (PWS) dated is removed in ints entirety and is replaced with PWS dated January 2, 2013. Note: Changes have been highlighted in yellow.

2. Attachment 5 – Volume I Cost Breakout is removed in its entirety and is replaced with Attachment 5 – Volume I Cost Breakout dated January 2, 2013.

3. Attendees at the December 13, 2012 site visit are provided at Enclosure 1.

4. Questions of a technical and/or contractual nature are provided at Enclosure 2.

5. Amended Solicitation Section I – Contract Clauses:

-Deleted Clause 52.204-99 (Deviation) System for Award Management Registration (August 2012)(DEVIATION)

- Added Clause 52.204-7, Central Contractor Registration

-Added Clause 252.204-7004 Alt A Central Contractor Registration Alternate A

6. CLOSING DATE – Proposal shall be submitted no later 3:00 p.m. on January 18, 2013 to the address indicated in Block 7 of this amendment.

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 04-Jan-2013 03:00 PM to 18-Jan-2013 03:00 PM.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

The following have been added by full text:

252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007)

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

“Central Contractor Registration (CCR) database” means the 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 Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS 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 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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern.

“Registered in the CCR database” means that--

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

(2) The Contractor's CAGE code is in the CCR 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, and has marked the records ``Active.'' The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

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

(1) An offeror may obtain a DUNS number-

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

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

(i) Company legal business.

(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) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR 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 a minimum of one business day's written notification of its intention to (A) change the name in the CCR 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. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(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 CCR 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 CCR 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 CCR database. Information provided to the Contractor's CCR 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) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

The following have been deleted:

(End of Summary of Changes) The following items are applicable to this modification:

ENCLOSURE 1

SITE VISIT ATTENDEES

FORT RILEY COMMISSARY

SOLICITATION NUMBER: HDEC08-13-R-0004

DECEMBER 13, 2012

Name

Company

Audrey Holmes-Fisher, Contract Specialist Defense Commissary Agency

George Page, Asst. Store Director

Fort Riley Commissary

Pam Farnsworth, President PureService Corporation

ENCLOSURE 2

QUESTIONS AND ANSWERS FOR FORT RILEY COMMISSARY

SOLICITATION HDEC08-13-R-0004

ATTENTION PROSPECTIVE OFFERORS:

Reference is made to solicitation HDEC08-13-R-0004 for shelf stocking, RSHA, and custodial operations at the Fort Riley Commissary, located in Fort Riley, Kansas.

The following questions and answers, pertaining to the above-referenced solicitation, are provided for your information. Offerors are cautioned that these answers do not alter the solicitation. Only the amendment to the solicitation will change the requirements or any other content of the RFP. In the event of an inconsistency between statements contained in any amendment on the solicitation and this document, the amendment shall take precedence.

QUESTION 1:

The Facility Layout, Exhibit 4-7 is not the correct layout of the store.

ANSWER 1:

The Facility Layout, Exhibit 4-7 has been revised to reflect the accurate layout after renovation. See revised PWS dated 01/02/13.

QUESTION 2:

In the PWS on page C4-28, Exhibit 4-6-3 it shows a total of 6 Large Trash Receptacles. While at the site visit it was acknowledged that there were actually a total of 9 Large Trash Receptacles.

ANSWER 2:

The Fort Riley Commissary is not responsible for the three (3) Large Trash Receptacles located in the parking lot. As such, the total remains unchanged on Exhibit 4-6-3 at six (6) Large Trash Receptacles.

QUESTION 3:

On page C4-17 of the PWS, the FDS Distributor Delivery Schedule has incorrect times as the store management acknowledged that the trucks were all received in the morning. It was also addressed that they no longer receive deliveries from Grocery Supply but a new supplier “Always Fresh” has been added.

ANSWER 3:

The Fort Riley Commissary Performance Work Statement (PWS) has been revised (dated 01/02/13) to reflect the most current information received by store management. Exhibit 4-3, FDS Distribution Delivery Schedule, was revised to change Distributors from Nash Finch and Grocery Supply (from 1300 – 1600 hours on Monday through Saturday) to reflect Always Fresh and MDV (0800 – 1200 hours on Monday through Saturday).

QUESTION 4:

With the change of the delivery schedule, this will also change the RSHA Contractor Work Schedule. At the site visit it was stated by store management that the RSHA work schedule is currently from 8:30am to 2:30pm on Monday through Saturday; the PWS shows 12:30pm to 6:30pm. I also believe that the store management said that there was no need for the contractor to work on Sunday. Currently in the PWS on page C1-2, the contractor work schedule shows RSHA hours for 7 days a week. If it changes from 7 days a week to 6 days a week, this would change the total operational days per year.

ANSWER 4:

The Fort Riley Commissary PWS has been revised (dated 01/02/13) to reflect the most current information received by store management. The chart at Paragraph 1.2.1m Store Operational Hours/Contractor Working Schedule for the RSHA Work Schedule, was changed from 12:30 p.m. - 6:30 p.m. to 8:00 a.m. – 2:00 p.m. (Monday through Saturday) and the hours reflected for Sundays remain unchanged at 4:00 p.m. to 6:00 p.m. The total number of operational days and hours remained the same.

QUESTION 5:

I am not sure if it makes any difference or not but I noticed that the Solicitation number on the PWS has an extra “0” added in the number.

ANSWER 5:

The solicitation number reflected on the Fort Riley Commissary PWS has been corrected (see PWS dated 01/02/13).

QUESTION 6:

The wages shown in the Cost Breakout do not match the correct wages that are listed on “Schedule A” on page 20 of the CBA.

ANSWER 6:

Amendment 0002, issued on 01/02/13, corrected all relative wage rates within the Cost Breakout in accordance with the CBA.

QUESTION 7:

On cost breakout, shelf stocking tab in cell (D53) it is showing a quantity of zero. According to my calculations from reading the CBA, employees earn 3 days sick per year and receive 2 weeks’ vacation per year. That would make cell (D53) a value of 13. This would apply to this same section on all tabs if I am correct.

ANSWER 7:

The Cost Breakout indicates zero, because the hours associated with Vacation and Sick Leave are predicated on the period of time each employee has been employed by the contractor. Given that information is unknown to this office, it is up to each prospective offeror to determine the hours associated with these two areas.

QUESTION 8:

On the same tab shelf stocking under the pension in cell (L19) there is no formula to calculate the total hours that would include the holiday, vacation and sick hours which the pension is also paid on.

ANSWER 8:

The Pension formula calculation has been revised to include holiday, vacation and sick hours in accordance with the Collection Bargaining Agreement (CBA)

QUESTION 9:

In tracking this solicitation on FEDBIZOPS, I believe originally the solicitation was canceled indefinitely back in September, 2012.

ANSWER 9:

Solicitation number HDEC08-11-R-0015 (HUBZone Set-Aside) was cancelled in its entirety under Amendment 0003 dated October 31, 2012; however, these services are being re-solicited under solicitation number HDEC08-13-R-0004 (Small Business Set-Aside) issued on November 30, 2012.

QUESTION 10:

My staff is informing me of the contract award HDEC08-07-C-0013 of a 6 month extension to Logistic Services which will put them on site during the time of negotiation for the remaining 2 years of the Union Agreement. Before I continue to allow my staff to pursue solicitation HDEC08-13-R-0004, are you in the process of canceling this solicitation? Is there going to be an extension of this solicitation? If this solicitation continues and needs to be submitted on January 4, 2013, when will the award be made since the contractor receiving the award should be involved with the Union Negotiations?

ANSWER 10:

The current contract HDEC08-07-C-0013 was extended six (6) months from December 1, 2012 through May 31, 2013, to allow time for re-solicitation via HDEC08-13-R-0004. The new solicitation shall remain in effect until such time as an award is processed. The closing date is extended to January 18, 2013, as a result of the provision of answers to all questions. Regarding the CBA, . Article 46 of the Collective Bargaining Agreement (CBA), reflected on Page 19, indicates that the CBA shall remain in effect through May 31, 2015 and yearly thereafter, from June 1 through May 31, unless 60 days written notice by either party is provided to terminate the agreement. Schedule A on page 20, indicates that the rates applicable to 06/01/13 and 06/01/14 are subject to negotiations. Per the note contained on page 20, “Logistical Customer Service Inc. and Local 780 agree to open negotiations for the sole purpose of negotiating Health Insurance and Pension Fund contribution hourly rates and job classification wage rate increases for the additional years of the Agreement not later than April 1, 2013“. There is no guarantee the pending contract will be awarded prior to April 1, 2013, which means the incumbent contractor may be involved in the negotiation of rates for June 1, 2013 and June 1, 2014. In accordance with FAR 52.222-41, the successor contractor will be required to abide by the terms and conditions of the CBA, unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary’s authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm’s length negotiations. If rates for 2013 and 2014 have not been negotiated between the incumbent contractor and the union by the time the pending contract is awarded, the successor contractor will assume that responsibility. If the rates for 2013 and 2014 have been negotiated, the new rates will be incorporated into the pending contract after award has occurred. ; however, the resultant awardee will have a year to negotiate and sign a new CBA with the union, per FAR 52.222-41. It is anticipated that new rates will be negotiated prior to 05/31/13 and if that is the case, the new rates will be incorporated after award of the pending contract.

QUESTION 11:

Prepare for government receipt is included in this proposal yet it is being phased out in the facilities we are currently servicing. Is a phase out of this function expected prior to the start of this project?

ANSWER 11:

No.

QUESTION 12: The time frame for cleaning the meat room is listed at 4 hours. Is this guided by some operational purpose or is there availability to extend this window if needed for quality?

ANSWER 12: The window of opportunity for meat custodial operations was determined by store management, as sufficient for the tasks to be performed. There are no plans to extend the window. Therefore, the Contractor is required to achieve specified standards within the time allotted.

QUESTION 13: The day shelf stocking lists a rate of 80 cases per day (2,382 cases per month). Based on prior experience, we feel this number is low given the size of the commissary. Can you confirm the Day Shelf Stocking rate of 80 Cases per day (2,382 per month)?

ANSWER 13: The monthly estimate reflected for day stocking is based on actual workload for a prior 12-month period. The intent of day stocking is filling Not in Stock (NIS) situations vs. maintaining shelf pack out throughout the day.