Amendment_0002.pdf

(x)

HSHQEC-17-R-00001

x x 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 ACKNOWLEDGEMENT 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.

x

Philadelphia PA 19106 Attn: Katelyn Godfrey

OPO/FPS/EACCG/R11/A

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security NPPD/FPS/East CCG/Region 11/Group A

Philadelphia PA 19106 701 Market Street, Suite 3200

OPO/FPS/EACCG/R11/A

Office of Procurement Operations Federal Protective Service U.S. Dept. of Homeland Security NPPD/FPS/East CCG/Region 11/Group A

07/07/20170002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

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

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

07/06/2017

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to:

A. Include the Proposal Evaluation Information on page 72 of the RFP:

Non-price factors, when combined, are more important than price. However, the Government contemplates the possibility that it may identify an offer(s) of such a high technical quality that it would not be in the Government’s interest to pay an additional price premium for any additional technical (non-price) advantage. As a result, offerors are advised that the Government may not evaluate the technical proposals of all offerors under this RFP. The government will first review the total evaluated price of all proposals received. The technical proposals of those offerors whose pricing is determined by the

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16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

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

Michael D. Byrne

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

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Previous edition unusable

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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Contracting Officer to be most competitive may be reviewed prior to, or instead of, other technical proposals received. Based on the initial review of these technical proposals, the government may not evaluate the technical proposals of other offerors, whose total evaluated pricing was higher than that of one already evaluated and already assigned the highest possible technical adjectival rating. This would occur when the

Contracting Officer determines that one or more of the technical proposals already reviewed is of such a level of quality that it would not be in the interest of the government to incur cost beyond the price of the technical proposals already reviewed.

B. Include Paragraph (c) Paid Sick Leave under 29

C.F.R.13 under Addendum to FAR 52.212-4, Section

04, Prices on page 37 of the RFP. Renumbered

Paragraph (c) Definitions under Addendum to FAR

52.212-4, Section 04, Prices to Paragraph (d).

Paid Sick Leave Under 29 C.F.R.§ 13

1. 29 C.F.R. § 13.4(f) CBAs Ratified Prior to

September 30, 2016

Under 29 C.F.R. § 13.4(f), the paid sick leave requirements of Executive Order 13706 and 29

C.F.R. § 13 do not apply to employees whose covered work is subject to a collective bargaining agreement (CBA) that is: (1) ratified prior to September 30, 2016; and (2) the terms of that CBA provides at least 56 hours (or 7 days) of paid sick time, or paid time off, that may be used for reasons related to sickness or healthcare. Alternatively, if the CBA provides less than 56 hours (or 7 days) of paid sick time or paid time off that may be used for reasons related to sickness or healthcare, the contractor must “top off” the amount of such leave to bring it up to 56 hours or 7 days. The exclusion applies until the CBA terminates or until January

1, 2020, whichever occurs first. 29 C.F.R. § 13 does not require contractors to pay out any unused sick leave.

Offerors are required to comply with both the minimum wage and fringe benefit provisions of the applicable Wage Determination (WD), or CBA, as required by the Service Contract Act (SCA) and

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Sponsored by GSA

FAR (48 CFR) 53.110

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the paid sick leave provisions as detailed in 29

C.F.R. § 13.4(f). The applicable WD/CBA may contain paid sick leave or paid time off that may possibly be used for reasons related to sickness or healthcare. It is the offeror’s responsibility to determine the appropriate amount of paid sick leave to price into its proposal in order to comply with 29 C.F.R. §

13.4(f), taking into consideration leave already provided under the WD/CBA and whether that leave satisfies the requirements of 29 C.F.R. §

13.4(f). Further, offerors are advised that they do not have to separately identify the costs associated with complying with 29 C.F.R. §

13.4(f) in their Attachment 6 Price Element

Breakdown submissions as these costs will not be evaluated in the Agency’s price realism analysis due to the potential for wide variation and absence of baseline assumptions.

Because this is a fixed-price contract, there will be no price adjustment if the offeror’s assumptions/estimates regarding the amount of sick leave required to satisfy 29 C.F.R. §

13.4(f) prove to be incorrect, regardless of the cause of the discrepancy (e.g., more sick leave taken than expected, differing regulatory interpretation by DOL, etc.). Further, if the exclusion expires during the course of the contract, this expiration will not be grounds for a price adjustment. Unlike the Service Contract

Act, 29 C.F.R. § 13 does not provide for a price adjustment. Therefore, contingent events relating to 29 C.F.R. § 13, including but not limited to expiration of the exclusion available under 29 C.F.R. § 13.4(f), are risks/contingencies that offerors should consider in pricing their proposals.

2. 29 C.F.R. § 13.5 CBAs Ratified After September

30, 2016

Under 29 C.F.R. § 13.5 contractors are required to permit employees to accrue not less than 1 hour of paid sick leave for every 30 hours worked on or in connection with a covered contract.

Alternatively, a contractor may choose to provide an employee with at least 56 hours of paid sick leave at the beginning of each accrual year rather than allowing the employee to accrue such leave based on hours worked over time. 29 C.F.R.

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§ 13 does not require contractors to pay out any unused sick leave.

Offerors are required to comply with both the minimum wage and fringe benefit provisions of the applicable WD as required by the Service Contract

Act (SCA) and the paid sick leave provisions as detailed in 29 C.F.R. § 13.5. The applicable

WD/CBA may contain paid sick leave or paid time off that may possibly satisfy the requirements of

29 C.F.R. § 13.5, (see 29 C.F.R. §

13.5(f)(5)(ii)). It is the offeror’s responsibility to determine the appropriate amount of paid sick leave to price into its proposal in order to comply with 29 C.F.R. §

13.5, taking into consideration leave already provided under the WD/CBA and whether that leave satisfies the requirements of 29 C.F.R. § 13.5.

Further, offerors are advised that they do not have to separately identify the costs associated with complying with 29 C.F.R. § 13.5 in their

Attachment 6 Price Element Breakdown submissions as these costs will not be evaluated in the

Agency’s price realism analysis due to the potential for wide variation and absence of baseline assumptions.

Because this is a fixed-price contract, there will be no price adjustment if the offeror’s assumptions/estimates regarding the amount of sick leave required to satisfy 29 C.F.R. § 13.5 prove to be incorrect, regardless of the cause of the discrepancy (e.g., more sick leave taken than expected, differing regulatory interpretation by

DOL, etc.). Unlike the Service Contract Act, 29

C.F.R. § 13 does not provide for a price adjustment. Therefore, offerors should consider the cost/risk of contingent events relating to 29

C.F.R. § 13 in pricing their proposals.

C. All other solicitation provisions shall remain unchanged.

DO/DPAS Rating: NONE

Period of Performance: 01/01/2018 to 06/30/2023

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