Amendment0002_SP330010R0009.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE

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

0002 09/23/2010

6. ISSUED BY CODE SP3300 7. ADMINISTERED BY (If other than Item 6) CODE

DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION

2001 MISSION DRIVE, BLDG 404

NEW CUMBERLAND, PA 17070-5001

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and Zip Code) 9A. AMENDMENT OF SOLICITATION NO.

SP3300-10-R-0009

X

9B. DATED (SEE ITEM 11)

08/23/10

10A. MODIFICATION OF CONTRACT/ORDER NO.

CODE: FACILITY CODE:

10B. DATED (SEE ITEM 13)

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 Offers 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 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, X is required to sign this document and return 1 copies to the issuing office.

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

See attached pages.

Please sign and return this SF30 cover page of Amendment 0002 as part of your proposal submittal.

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) 15a. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

THOMAS F. MARTINO

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

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

NSN 7540-01-152-8070

PREVIOUS EDITION NOT USABLE

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Amendment 0002

1. The purpose of this modification is to answer additional questions received by the Government. Amendment 0001 contained Questions 1-23.

The following questions were received by the Government in response to Solicitation SP3300-10-R-0009. Each question has been redacted to ensure anonymity. The Government response is provided under each question to allow all potential offerors the opportunity to see all communications with industry.

Question 24: There were several large businesses at the pre-proposal who intend to partner with an 8A. The firm I support has revenues in excess of the small business size standard ($25.5 M) and we too were partnering with an 8A.

Does this response mean that neither the prime nor any sub can have revenues greater than $25.5 million? That is not how I read FAR 52.219-14. Or can you help me understand the prime/sub relationship that would enable a business with greater than $25M to be a sub under the prime 8A? (REFERENCE: Amendment 0001, Answer #16)

Answer 24:

a. Contractor teaming arrangements can be formal or informal but if two or more companies "act collectively" (Joint Venture (JV) or Small Business (SB) Prime/Sub TEAM to respond to a Government solicitation, the size of each team member counts and all firms in the JV or SB Prime/Sub TEAM must meet the size standard for the procurement. Usually, a teaming agreement (JV or Prime/Sub TEAM) is executed prior to the submission of an offer and is included with the offer as small business teaming arrangements must be identified and company relations fully disclosed to the Government. In addition, the performance of work requirements under the Limitations on Subcontracting clause apply to the cooperative effort of the JV or the SB Prime/Sub TEAM - not just the SB prime.

Note - additional rules apply for a formal JV than apply to a SB Prime/Sub TEAM. For example, a contract award is made only to the SB Prime under a SB Prime/Sub TEAM. In contrast, a formal JV requires the establishment of a new legal entity between the two or more concerns involved and contract award is made in the name of the JV. In addition, 8(a) JV agreements must be approved by SBA prior to award of a contract and under competitive 8(a) procurements, the size of at least one 8(a) member of the JV must be less than 1/2 the size standard for the procurement. Questions and information regarding 8(a) Joint Ventures should be made to SBA.

b. If the teaming relationship is not formal and the subcontractor(s) acts as a separate entity to provide supplies or services in performance of a contract, the Small Business size standard does not apply to the subcontractor(s). Under these circumstances, the small business prime will be fully responsible for meeting the Limitations on Subcontracting percentage (50% rule).

Question 25: The solicitation requires that the offeror maintain a ready and trained workforce with appropriate clearances in place for the personnel that must be able to be in place to perform within 30 calendar days of the effective date of the task order for CONUS and 60 days for OCUNUS. Is the notion that the contractor hire, pay, and train a cadre of people at the various DLA locations and then just have them wait idly by until a potential task order asks for their skill sets? This, of course, would be an unrealistic expectation. No company will pay people to sit idly by and wait for a task order. Nor is it realistic to expect employees to sit and wait without compensation for potential employment. Or, is it the intent that the contractor would be able to recruit, hire, train and attain a clearance for the people, and have them ready within 30 days. This is an equally unrealistic expectation. No 8(a) firm, or even a large business that we know of would be able to successfully respond to these terms. A more realistic timeframe would be at least 60 days.

Answer 25: The successful contractor will perform all necessary tasks to begin task order performance within 30 calendar days of the effective date of a Task Order at a Continental United States (CONUS) location and 60 calendar days at an Outside Continental United States (OCONUS) location. The Government believes both timeframes are realistic.

Question 26: Our company does not have a DCAA audited accounting system.…. Can I submit a proposal that states that it is contingent upon having the required accounting system in place prior to the date of the award?

Answer 26: This question was addressed in Answer #20 (Amendment 0001). Reference bolded portions of Answer #20 below:

Amendment 0002

“The Government will request a PreAward Survey of Prospective Contractor’s Accounting System from your cognizant DCAA office upon receipt of your proposal. This will be complete prior to the Government’s competitive range or award determination. As provided in the solicitation, the offeror will not be eligible for award or the competitive range if the Government determines that the offeror’s accounting system is not adequate to support the Cost Reimbursable line items on the resultant contract.

Section L L-16 under VOLUME I – SOLICITATION, OFFER AND AWARD DOCUMENTS (page 60), states “The offeror shall provide verification that DCAA has determined that the contractor's accounting system will permit timely development of all necessary cost data to support the Cost line items on the resultant contract (See FAR 16.104(h)). The offeror shall provide contact information (physical address, e-mail address, phone and fax numbers) for their local DCAA Office to allow the Government evaluators to verify the accounting system meets the Government's requirements.” If the offeror’s accounting system has not been reviewed by DCAA, it should state so in its response. The offeror should still provide the contact information for their cognizant DCAA office, as requested.

The Government encourages all offerors to contact their cognizant DCAA office in advance of proposal submission to explain that they are submitting a proposal for a cost type contract and will be providing a copy of their cost proposal directly to DCAA. Furthermore, the offeror should explain that the Contracting Officer will provide an audit request and PreAward Survey of Prospective Contractor’s Accounting System separately.”

2. No revisions to the solicitation documents result from this Amendment.

3. All other terms and conditions remain unchanged and in full force and effect.