N00244-13-R-0039_Amendment_0001.pdf

N0025914RCB0001

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

The purpose of this amendment is to provide the incumbent contractor's current Collective Bargaining Agreement (CBA) as Technical Exhibit 8 to the solicitation and to clarify the relationship betw een Technical Exhibit 8 and solicitation Attachment J-2.

An additional purpose of this amendment is to eliminate the Government's ability to extend the term of the contract as currently permitted under FAR 52.217-9.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 02-Aug-2013

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 N00244-13-R-0039

X 9B. DATED (SEE ITEM 11)

26-Jul-2013

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

02-Aug-2013

CODE

NAVSUP FLC SAN DIEGO

REGIONAL CONTRACTS (CODE 200)

3985 CUMMINGS ROAD

SAN DIEGO CA 92136-4200

N00244 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00244-13-R-0039

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION I - CONTRACT CLAUSES

The following have been modified:

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 60 months. The Contracting Officer may exercise the option by written notice to the Contractor within 45 days prior to the expiration date of the last exercised option period.

(End of clause)

The following have been deleted:

52.217-9 Option To Extend The Term Of The Contract MAR 2000

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Attachments to the Solicitation Consist of the Following:

TECHNICAL EXHIBITS (TE)

TECHNICAL EXHIBITS TOC

TE-1b Performance Requirements Summary Table (3 pages) TE-1c Daily Inspection Form (10 pages) MAA Inspection Sheet (1 page)

TE-2a Workload Estimates - Operating Hours & Serving Lines Schedule (2 pages) TE-2b Workload Estimates - Meal Estimates (1 page)

TE-3 Maps and Work Area Layout

TE-4 Government Furnished Spaces To Be Used & Cleaned (1 page)

TE-5a Government Equipment Furnished For Contractor Use and/or

Cleaning & Maintenance (4 pages) TE-5b Inventory Report For Dinnerware & Silverware (1 page) TE-5c Special Events Dinnerware/Equipment Inventory Report (2 pages) TE-5d Tableware Usage Daily, Per Patron, For Contractor Cleaning (1 page)

TE-6a Quality Standards for Housekeeping Services (4 pages) TE-6b Quality Standards for Equipment Cleaning (2 pages)

TE-7 Listing of Cleaning Items, Costs and Monthly Use Rates

TE-8 Collective Bargaining Agreement (CBA) Offerors are required to match or exceed the fringe benefits and rates of pay provided in the incumbent contractor’s CBA. For any proposed labor categories not covered by the CBA; Attachment J-2 applies.

Note that for the purposes of The Health & Welfare Fringe Benefit, Attachment J-2 takes priority over Appendix B of the CBA. For the purposes of wage rates; the CBA takes priority over Attachment J-2.

SOLICITATION ATTACHMENTS

ATTACHMENT (J-1) CONTRACTOR PERFORMANCE DATA SHEET

ATTACHMENT (J-2) SERVICE CONTRACT ACT WAGE DETERMINATION RATES

SECTION M - EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The Government intends to make award on the basis of the lowest evaluated price of the proposal determined to be “Acceptable” on the two factors of: (1) Technical Capability and (2) Past Performance.

(1) Technical Capability:

To be considered Acceptable under this evaluation factor, the technical proposal must:

1. Meet all solicitation requirements;

2. Be complete and comprehensive;

3. Exemplify a thorough understanding of the scope and depth of the task requirements set forth in the

Performance Work Statement (PWS);

4. Meet the requirements of the applicable Collective Bargaining Agreement (CBA) or Service Contract Act

(SCA) Wage Determinations Schedule; and

5. Be Technically Acceptable in all six Sub factors of technical capability.

Any weaknesses identified by the Government in the Technical Proposal must be few in number and/or sufficiently minor in significance. For a Technical Proposal to possess weaknesses and still be considered acceptable overall, the Government must consider such weaknesses as having little or no bearing on the risk of failure with respect to contract performance. Because the Government intends to award a contract without conducting discussions;

offerors are encouraged to identify and mitigate potential weaknesses before submitting a proposal in response to the solicitation. Notwithstanding the Government’s intent to award without discussions, at its discretion, the agency may permit offerors in the competitive range to correct proposal weaknesses or omissions if it is in its interest to do so.

There are 6 sub factors under the Technical Capability factor:

1) Organizational Structure,

2) Staffing Plan

3) Concept of Operations and Operating Procedures

4) Training Plan

5) Transition Plan,

6) Quality Assurance/Quality Control Plan.

To achieve a rating of Acceptable on each sub factor, the proposal must provide enough detail and be of sufficient quality to ensure successful accomplishment of the work. A rating of “Unacceptable” on even one of these sub factors shall render the entire Technical Proposal unacceptable and otherwise ineligible for award.

1) The Organizational Structure Plan must ensure successful management of the contract. It must demonstrate clear and workable lines of communication between the contractor and the Government and clear and workable lines of communication between contract supervisors and employees. It must demonstrate an adequate methodology for meeting program goals.

2) The Staffing Plan Matrix must demonstrate that the offeror will provide adequate personnel in terms of numbers and skill level in order to perform effectively all the functions and tasks identified in the PWS.

2a) The Offeror must provide a corresponding Staffing Plan Matrix, which lists the staffing for weekend operations, week day operations, and high volume periods. The Staffing Plan Matrix must satisfactorily identify all the labor categories, including the number of supervisors, required to perform the work. The Staffing Plan Matrix must provide sufficient staffing for the “Hours of Operation.” The Staffing Plan Matrix must demonstrate a complete understanding of the hours and days of operation and the work to be performed on a daily/weekly/monthly basis and the number and categories of employees required to perform said work. Schedules provided for weekdays, weekends and holidays must demonstrate adequate coverage for the necessary work to be performed. The Staffing Matrix must identify the Service Contract Act or Collective Bargaining Agreement categories (as applicable) proposed for the contract.

2b) The PWS identifies only one Key Personnel labor category (the On-Site Manager). The Offeror must provide the resume for On-Site Manager that meets the minimum qualifications set forth in Section 1.5.2 of the PWS. A resume for the designated Alternate On-Site Manager must also be submitted with the proposal and must also meet the same requirements as the On-Site Manager.

3) The Concept of Operations and Operating Procedures Plan must be sufficiently detailed and must show that the PWS will be adequately performed. The Plan must demonstrate that the offeror’s approach will adequately satisfy the major tasks set forth in Section 5.0 of the PWS. The Plan must contain adequate and workable methods and equipment for all tasks, including cleaning and housekeeping; and pest control.

4) The Training Plan must adequately and with detail demonstrate that the Offeror will meet the various training requirements, both specific and general, set forth in Section 1.5.7 of the PWS.

5) The Transition Plan must show that the offeror will adequately provide both a smooth transition and continuity of services. If the Offeror’s transition plan is based on retention of employees working for another contractor, letters of intent signed by the intended hires must be provided with the proposal.

6) The Quality Assurance/Quality Control Plan must demonstrate a solid plan to implement and maintain quality in the performance of the PWS. The Plan must show it will adequately meet the requirements in Section 1.7 of the PWS.

(2) Past Performance:

The Government will not make award on a proposal that the Government rates as Unacceptable under the Past Performance Evaluation Factor. To be eligible for award, the Government must rate the Past Performance Factor as either Acceptable or Neutral. Only relevant past performance information will be considered for rating purposes.

Relevant is defined as directly related work which is similar in scope, magnitude and complexity to that detailed in the Performance Work Statement of this solicitation.

To be Acceptable under this evaluation factor, the contractor must have consistently met contractual requirements in terms of quality, timeliness and customer satisfaction on relevant prior contracts; or exhibited a demonstrable trend of becoming adequate or improving in these areas over time. The Past Performance record must lead the Government to an expectation of at least satisfactory or better performance during execution of this contract.

Previously awarded contracts must show the contractor met contractual requirements and, if there were some problems, that the contractor’s corrective actions were ultimately successful.

To be determined Unacceptable under this factor; the Government must find that previously awarded relevant contracts were of consistently poor quality in terms of quality, timeliness, and/or customer satisfaction. The Past Performance record would lead the Government to the strong expectation that acceptable performance will not be achieved during execution of this contract. The previously awarded contracts did not meet contractual requirements and reflected serious problems for which the offeror either failed to identify or implement corrective actions or for which the corrective actions were ultimately ineffective.

The Government will give a Neutral Past Performance rating to offerors that lack a record of relevant Past Performance or for whom information on Past Performance is not available. In accordance with FAR 15.305 (a)(2), the Government will not evaluate such offerors favorably or unfavorably on Past Performance. Offerors are reminded, however, that a proposal that receives a Neutral on Past Performance may not represent the most advantageous proposal to the Government and, thus, may be an unsuccessful proposal. Accordingly, the Contracting Officer reserves the right to determine that a higher-priced proposal with an Acceptable rating on Past Performance may be more advantageous to the Government than a lower-priced proposal with a Neutral rating on Past Performance.

Further, the Government may take into account past performance information regarding predecessor companies and key personnel who have relevant experience with other organizations. Such information should clearly state and identify the employee’s role in that work effort and organizational structure. The Government may also consider the past performance information of subcontractors that will perform major or critical aspects of this solicitation’s requirements when such information is relevant to the procurement.

PRICE: In accordance with FAR 15.402, Contracting Officers must -- "(a) Purchase supplies and services from responsible sources at fair and reasonable prices." Accordingly, upon completion of the evaluation of all proposals, the Contracting Officer shall not make an award to an otherwise successful Offeror unless the price is determined "fair and reasonable." Therefore, even if an Offeror receives an Acceptable rating for both non-price factors (Technical Capability & Past Performance), the Offeror’s proposal can still be determined Unacceptable if the price is not considered fair and reasonable in comparison to the Independent Government Estimate, as compared to other competitive prices received in response to the solicitation, or any other appropriate means used by the Government of determining price reasonableness.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

(End of Summary of Changes)