Amendment 001 to RFP-200-1178-NE.pdf

1. CONTRACT 10 CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT I I

2.AMENDMENT/MODIFICATION NO. 3, EFFECTIVE DATE 4. REQUISITION / PURCHASE REQ.

NO.

PROJECT NO. (If Applicable)

001 06/29/2012 488/ Anderson

6. ISSUED BY I'--C_O_D_E____---l 7. ADMINISTERED BY (If other than Item 6) I CODE

Federal Bureau of Prisons Residential Re-Entry Contracting Office Federal Correctional Complex Butner Old NC Highway 75 Butner, NC 27509

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

(..J) 9A. AMENDMENT OF SOLICITATION NO

I---'-~--i

..J RFP 200-1178-NE

CODE IFACILITY CODE

9B. DATED (See Item 11) 05/09/2012

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (See Item 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[X] The above number solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers ) is extended, [ X ] is not extended.

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 Items 8 and 15, and returning 2 copy 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 OR CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN rrEM 14.

---1 A. THE 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 CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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), RFP 200-1178-NE. for Residential Re-Entry Center (RRC) services located in Lackawanna County or Luzerne County, Pennsylvania (preferably within the city limits of Scranton or Wilkes-Barre. Pennsylvania) is hereby amended as follows:

1) In Section I, Federal Acquisition Regulation (FAR) clause 52.209-10 Prohibition on Contracting with Inverted Domestic Corporation (May 2012) is hereby added and incorporated by reference,

2) In Section J, Attachment 11 Wage Determination number 1997-0025. Revision 22 dated 06/13/2011 is hereby updated to Wage Determination number 1997-0025. Revision 23 dated 06/13/2012, Copy attached (3 pages).

3) In Section K, FAR provisions 52,204-8 Representations and Certifications, incorporated in full text, is hereby updated as follows:

Except as provided herein, all items 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) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type orprint)

158, CONTRACTOR/OFFEROR 15C, DATE SIGNED

Jan R. Johns

16B, UNITED STATES OF AMERICA 16C, DATE

SIGNED

B tricer 06/29/2012

STANDARD FORM 30 (REV 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

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

11. CONTRACT ID CODE I PAGE OF PAGES

AMENDMENT OF SOLICITATIONfMODIFICATION OF CONTRACT· Continuation 2 I 7

2.AMENDMENTIMODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION I PURCHASE REQ. PROJECT NO. (If Applicable)

NO.

001 06/29/2012 488 / Anderson

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 623990.

(2) The small business size standard is $7.0 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ 1 (i) Paragraph (d) applies.

[ 1 (;i) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-~, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008,2009,2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic &Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than 000, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by 000, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

11. CONTRACT ID CODE I PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT - Continuation 3 I 7 2.AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION I PURCHASE REQ. PROJECT NO. (If Applicable)

NO.

001 06/29/2012 488 I Anderson

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

(xii) 52,222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1,

(xvii) 52.225-4, Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III,)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-Representation and Certification. This provision applies to all solicitations.

(xxi) 52,226-2, Historically Black College or University and Minority Institution Representation. This provision applies to

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For 000, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

_ (i) 52.219-22, Small Disadvantaged Business Status.

_(A) Basic.

_ (B) Alternate I.

_ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

_ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment Certification.

_ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Certification.

_ (v) 52.223-9, with its Alternate \, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

_ (vi) 52.227-6, Royalty Information.

_ (A) Basic.

_(B) Alternate I.

_ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https:llwww.acguisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically http:https:llwww.acguisition.gov

11. CONTRACT 10 CODE

AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT - Continuation I PAGE OF PAGES

4 I 7

2.AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

06/29/2012

4. REQUISITION / PURCHASE REQ.

NO.

488 / Anderson

PROJECT NO. (If Applicable)

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

that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision)

Page lof3

WD 97-0025 (Rev.-23) was first posted on www.wdol.gov on 06/19/2012

FL/HH/MS

REGISTER OF WAGE DETERMINATIONS UNDER U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor WAGE AND HOUR DIVISION

WASHINGTON, D.C. 20210

Diane C. Koplewski Division of Wage Wage Determination No: 1997-0025 Director Determinations Revision No: 23

Date Of Revision: 06/13/2012

State: Pennsylvania Area: Pennsylvania Counties of Bradford, Carbon, Columbia, Lackawanna, Luzerne, Lycoming, Monroe, Pike, Schuylkill, Sullivan, Susquehanna, Tioga, Wayne, Wyoming

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

Food & Lodging:

07041 - Cook I 12.07 07042 Cook II 14.37 07070 - Dishwasher 8.69 07130 - Food Service Worker 9.39 07260 - Waiter/Waitress 8.69 11060 Elevator Operator 8.69 11210 - Laborer, Grounds Maintenance 9.39 11240 - Maid or Houseman 9.39 99030 - Cashier 9.39 99050 Desk Clerk (see 1) 9.39

Halfway House & Residential Community Treatment:

01011 - Accounting Clerk I 11.27

J01012 Accounting Clerk II 12.01 01111 - General Clerk I 10.46 01311 Secretary I 12.88 01611 - Word Processor I 10.46 07041 Cook I 12.07 07042 - Cook II 14.37 07070 - Dishwasher 8.69 07130 - Food Service Worker 9.39 11150 Janitor 9.39 11210 - Laborer, Grounds Maintenance 9.39 11240 Maid or Houseman 9.39 23370 - General Maintenance Worker 12.84 27101 Guard I 10.68 27102 - Guard II 11.37 99050 Desk Clerk (see 1) 10.46

Moving & Storage:

21020 - Forklift Operator 12.07 21050 Material Handling Laborer 10.27 21110 - Shipping Packer 12.07 21410 Warehouse Specialist 12.07 31361 - Truckdriver, Light 12.07 31362 Truckdriver, Medium 12.84 31363 - Truckdriver, Heavy 13.56 31364 - Truckdriver, Tractor-Trailer 14.37

HEALTH & WELFARE: $3.71 per hour or $148.40 per week or $643.07 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; and 3 weeks after 10 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day, 6/27/2012http://www . wdol.gov Iwdol/seafi les/non-std/97 -0025 .sea http:wdol.gov http://www http:www.wdol.gov

Page 2 of3

Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE

FOLLOWING:

1) Rates are applicable only under the appropriate occupational category.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444))

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C) (vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of

6/2712012http://www.wdol.gov/wdol/scafilcs/non-std/97-0025.sca http://www.wdol.gov/wdol/scafilcs/non-std/97-0025.sca http:http://wdol.gov http://www.dol.gov/esa/whd

Page 30f3 the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6 (b) (2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Di7ision approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasKS that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

6/2712012http://www.wdol.gov/wdollscafiles/non-std/97-0025.sca http://www.wdol.gov/wdollscafiles/non-std/97-0025.sca