Amendment A0002 to RFQ S5121A23Q0004_Vehicle Toll Management.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provi ded herei n, all t erms and condit ions of t he document referenced in Item 9A or 10A, as heretofore changed, remai ns unchanged and in ful l force and effect .

15A. NAME AND TIT LE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

ST ANDARD FORM 30 (Rev. 10-83) Prescr ibed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment to RFQ S5121A-23-Q-0004 for Vehicle Toll Management Services is to respond to questions submitted by industry on April 5, 2023 and to add the Interim Rule 52.204-XX Prohibition on Using a ByteDance Covered Application ("TikTok") (see continuation sheet f or details).

1. CONTRACT ID CODE P AGE OF P AGES

J 1 4

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

16C. DAT E SIGNED

BY

16B. UNITED ST AT ES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contract ing Officer)(Signature of person author ized t o sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, Count y, Stat e and Zip Code) X S5121A23Q0004

X 9B. DAT ED (SEE IT EM 11)

31-Mar-2023

10B. DAT ED (SEE IT EM 13)

9A. AMENDMENT OF SOLICITAT ION NO.

11. THIS IT EM ONLY APPLIES T O AMENDMENT S OF SOLICITATIONS

X The above numbered soli cit ati on i s amended as set forth in It em 14. The hour and date specified for rece ipt of Offer is ext ended, X is not extended.

Offer must acknowl edge rece ipt of t his amendment pri or to the hour and date specified in the sol ici tat ion or as amended by one of t he fol lowing methods:

(a) By compl eti ng Items 8 and 15, and returning 1 copi es of the amendment ; (b) By acknowledgi ng recei pt of thi s amendment on each copy of t he offer submit ted;

or (c) By s epara te let ter or t elegram whi ch i ncludes a refe rence t o t he s olic ita tion and amendment numbers . FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE P LACE DESIGNATED FOR THE RECEIPT OF OFFERS P RIOR TO THE HOUR AND DATE SP ECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of thi s amendment you desire t o change an offer already submit ted, s uch change may be made by t elegram or let ter, provided each t elegram or l ett er makes re ference to the sol ici tat ion and this amendment , and is received prior to the openi ng hour and dat e speci fi ed.

12. ACCOUNTING AND APPROPRIATION DAT A (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 FORT H IN ITEM 14 ARE MADE IN THE

CONT RACT ORDER NO. IN ITEM 10A.

B. T HE ABOVE NUMBERED CONT RACT /ORDER IS MODIFIED T O REFLECT THE ADMINIST RATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORT H IN ITEM 14, PURSUANT TO T HE AUTHORITY OF FAR 43.103(B).

C. T HIS SUPPLEMENT AL AGREEMENT IS ENT ERED INTO PURSUANT TO AUTHORITY OF:

D. OT HER (Specify type of modification and authorit y)

E. IMPORTANT: Contract or is not, is required to sign this document and return copies t o the issuing of fice.

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

10A. MOD. OF CONTRACT/ORDER NO.

U0002

2. AMENDMENT/ MODIFICATION NO. 5. P ROJECT NO.(If appli cable )

6. ISSUED BY

3. EFFECTIVE DATE

06-Apr-2023

CODE

DCMA PROCUREM ENT CENTER

3901 "A" AVENUE, BLDG 10500

FORT LEE VA 23801

S5121A 7. ADMINISTERED BY (If other t han item 6)

4. REQUISITION/P URCHASE REQ. NO.

CODE

See I tem 6

FACILITY CODECODE

EMAIL:TEL:

S5121A23Q0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

INTERIM RULE CLAUSE 52.204-XX

[52.204-XX Prohibition on Using a ByteDance Covered Application (“TikTok”).

As prescribed in 4.2203, insert the following clause:

PROHIBITION ON USING A BYTEDANCE COVERED APPLICATION (“TIKTOK”) (DATE)

(a) Definitions. As used in this clause - Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology means any equipment, or interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency.

(1) For purposes of this definition, equipment is used by an agency if the equipment is used by the agency directly or is used by a contractor under a contract with the agency that requires-

(i) Its use; or

(ii) To a significant extent, its use in the performance of a service or the furnishing of a product.

(2) The term "information technology" includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.

(3) The term "information technology" does not include any equipment that-

(i) Is acquired by a contractor incidental to a contract; or

(ii) Contains imbedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment, such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, prohibit use of a covered application in the performance of a Federal contract. The Contractor is prohibited from using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided under this contract, if this contract requires the use of that information technology, whether expressly or to a significant extent in the performance of a service or the furnishing of a product under this contract.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)]

SF30 CONTINUATION SHEET

The purpose of this amendment is to provide answers to questions received from industry on April 5, 2023 in response to RFQ S5121A23Q0004 for DCMA Vehicle Toll Management Services and to add Interim Rule for Clause 52.204-XX Prohibition on Using a ByteDance Covered Application (“TikTok”):

1. Page 1 of 44 (top right corner) of the Solicitation indicates that “This acquisition is set aside 100% for Small Business” under NAICS Code 488490 with a cap of $8,000,000.00. After reviewing the referenced CFR provisions, it is our understanding that the $8,000,000.00 size standard refers to the business’ average annual receipts. Please advise if a company with average annual receipts more than $8,000,000.00 is not considered a “small business concerns” and therefore disqualified from this Solicitation.

Answer: The size standard for NAICS Code 488490 according to the current SBA Size Standard is $18M; the $8M is a glitch in our contract writing system and we are working on getting it fixed.

2. Page 1 of 44: Assuming we may proceed after receiving the answer to #1 above, is the Excel Spreadsheet which accompanied the Solicitation considered the “Schedule” referenced to in the Solicitation?

Answer: The Price and Schedule Excel Worksheet does not replace the schedule in the RFQ, it is a spreadsheet that is provided for you to enter your pricing, however it is an RFQ Attachment that mirrors the schedule that is in the RFQ.

3. Page 3 of 44: Section 3.3 indicates that total toll per year is an estimate:

a. Is that toll estimate what should be included in CLINs 0001, 1001, and 2001 as

“Toll Authority Fees”?

Answer: Yes. It is an estimate based on the number of vehicles that DCMA currently has, however that number may increase or decrease as vehicles are removed or added to the vehicle fleet. Please base your quote on 284 vehicles.

b. Is the Offeror to project those estimated tolls?

i. If yes, does DCMA have any projections or historic data to provide to allow for an educated projection?

Answer: No, there is no historical data.This is a new requirement, as such we are going off of the number of vehicles that DCMA has within its fleet, which is 284 vehicles.

c. Is the estimated toll included in the LPTA calculation?

Answer: All CLINs that require pricing are included within the LPTA calculation

4. Page 4 of 44: Section 3.6 indicates approx. 285 transponders will be required and “[u]pon award, the contractor shall be provided a list of license plates for monthly reports and account management.” Will all vehicles subject to this service be receiving a transponder – or will it only be a subset of the total vehicles to be managed?

Answer: Yes all vehicles identified within the SOW will need a transponder. Please refer to the quantities within CLINs 0003, 1003 and 2003 for what is required by the RFQ in terms of the number of transponders.

5. CLINs 0002, 1002, and 2002 pertain to Violation Toll Fees. If the Offeror charges a related fee only when a violation is incurred (rather than monthly or annually), how should that be accounted for in the calculated Solicitation price proposal?

Answer: CLINs 0002, 1002 and 2002 are not to be priced. All violations and related fees in accordance with the SOW will be deducted out of those prepriced CLINS 0002, 1002 (OY1), 2002 (OY2) as long as they are itemized for COR approval when submitting invoices. When invoicing hits 80% of those prepriced amounts the contractor is required to alert the Contracting Officer and COR to take action.

6. On page 30 of 44: (p) Ownership or Control of Offeror

a. What is the applicable definition of “immediate owner”?

Answer: “Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.”

i. Is that different than “common parent” referenced on page 29 or 44?

Answer: Yes. IAW FAR 52.2043 (a) Definitions “Common Parent” means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

(End of Summary of Changes)