Amendment_0002.pdf

W91236-16-R-0001

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

This amendment is to add FAR Clause 52.222-17 Nondisplacement of Qualified Workers and address Request for Information (RFI). In addition, provide revisions to Section L and M (w hich are indentfied on the follow ing pages in bold red and italic).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

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

16C. DATE SIGNED

BY 25-Nov-2015

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 W91236-16-R-0001

X 9B. DATED (SEE ITEM 11)

13-Nov-2015

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 4 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

25-Nov-2015

CODE

USA ENGINEER DISTRICT, NORFOLK

803 FRONT STREET

NORFOLK VA 23510-1096

W91236 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Amendment 0002 for W91236-16-R-0001

Maintenance and Repair Services Department of Defense Education Activity Schools, Fort Bragg and Camp Lejeune, North Carolina.

Inquiry 1) Please clarify who are considered Key Personnel. Sections H, L, M, and Bid Schedule Tab B-3 list different personnel. Please see below.

Section H: Project Manager, HVAC Technician (Qty2), Electrician, DDC Certification/Technician, SchoolDude Clerk, and General Laborer

Section L: Project Manager, HVAC Technician (Qty2), Electrician, DDC Certification/Technician

Section M: Project Manager, HVAC Technician (Qty3), Electrician, DDC Certification/Technician

Bid Schedule Tab B-3: Project Manager, HVAC Technician (5+), HVAC Technician (3+), Electrician, SchoolDude Clerk, General Laborer

Response 1: Two (2) HVAC Technicians are required in support of this Bragg-Lejeune Maintenance Contract. Section M has beeen corrected by amendment. The HVAC Technicians listed in the bid schedule reference these differing experience levels and what their wage rates will be. (i.e. "5+ year experienced" is the HVAC Technical with at least 5 years' experience and "3+ year experienced" is the HVAC Technical with at least 3 years' experience."

Inquiry 2) We are genuinely concerned by the Governments requirement for offerors to have to provide Resumes with Names and Phone Numbers of Key personnel required in Sub Factor 1 - Key Personnel. This is in direct conflict with Presidential Executive Order 13495, Non-displacement of Qualified Workers under Service Contracts and FAR Clause 52.222-17 in which we are required to offer right-of-first-refusal to incumbent personnel.

By requiring Offerors to provide resumes with Names and Contact Information is the Government than directing offerors to not comply with the Executive Order and Far Clause applicable to right-of-first refusal to incumbent personnel? Please Clarify. Also is it the intent by the Government to replace ALL the current/in-place key personnel with new key personnel if other than the incumbent is awarded the contract? Please clarify as this is what would occur if other than the incumbent would be awarded the contract and hired on their proposed key personnel.

We strongly suggest the Government revise this requirement. Suggest that offerors provide a Position Description and NOT a Resume with Name and Contact Information for the stated Key Personnel."

Response 2: The requirements of Executive Order 13495, as implemented by FAR Provision 52.222-17, “Nondisplacement of Qualified Workers,” apply to this procurement. The successful contractor selected under this solicitation shall comply with this provision which hereby is incorporated in full text herein through this amendment.

Subfactor 1 of Factor A of Sections L & M of the solicitation requires offerors to submit resumes for proposed key personnel as defined more fully in those sections. The proposed key personnel are to be submitted as part of the technical proposal in the event any personnel currently incumbent in the positions identified in the subfactor decline to continue in their current positions upon completion of the incumbent contract pursuant to the implementation of FAR Provision 52.222-17.

Revisions to Section L and M (which are indentfied on the following pages in bold red and italic).

Section L:

Sub Factor 1 – Key Personnel

An acceptable resource management plan is critical to successful performance on this contract and included in this plan are the personnel the Contractor intends to provide to accomplish the requirements associated with it. The following key personnel are those that the Government requires to be on-site full-time in support of this contract. However, these individuals alone may or may not be able to fulfill the requirements of this contract, and may have to be supplemented with additional full-time, part-time, on-site, and/or subcontractors as necessary. Other than the key personnel required below, it is up to the Contractor to determine the best team composition at the various locations to be able to accomplish the requirements of this contract.

For each position listed below, the Offeror shall provide the following information: A resume with detailed position description which includes identification of full or part time status, on or off-site, experience, education, necessary certifications, registrations, licensing, and other related qualifications.

Provide names and complete resumes (not to exceed 3 pages each) of specific personnel proposed.

Include reference and telephone numbers of the proposed personnel. All discussion of experience shall be supported by dates, names, addresses, and phone numbers of persons to contact. The Government reserves the right to verify each key personnel’s experience.

The above section has been revised to:

Sub Factor 1 – Key Personnel

An acceptable resource management plan is critical to successful performance on this contract and included in this plan are the personnel the Contractor intends to provide to accomplish the requirements associated with it. The following key personnel are those that the Government requires to be on-site full-time in support of this contract. However, these individuals alone may or may not be able to fulfill the requirements of this contract, and may have to be supplemented with additional full-time, part-time, on-site, and/or subcontractors as necessary. Other than the key personnel required below, it is up to the Contractor to determine the best team composition at the various locations to be able to accomplish the requirements of this contract.

The successful contractor selected under this solicitation shall comply with the requirements of Executive Order 13495, as implemented by FAR Provision 52.222-17, “Nondisplacement of Qualified Workers.” As discussed more fully below, offerors are required to submit resumes for proposed key personnel. The proposed key personnel are to be submitted as part of the technical proposal in the event any personnel currently incumbent in the positions identified in the subfactor decline to continue in their current positions upon completion of the incumbent contract pursuant to the implementation of FAR Provision 52.222-17.

For each position listed below, the Offeror shall provide the following information: A resume with detailed position description which includes identification of full or part time status, on or off-site, experience, education, necessary certifications, registrations, licensing, and other related qualifications. Provide names and complete resumes (not to exceed 3 pages each) of specific personnel proposed. Include reference and telephone numbers of the proposed personnel. All discussion of experience shall be supported by dates, names, addresses, and phone numbers of persons to contact. The Government reserves the right to verify each key personnel’s experience.

3. PRICE PROPOSAL (VOLUME II)

Price Proposal Content Requirements.

3.1The completed Bid Schedule (see tab B-1 of the PWS), Exhibit Line Item (ELIN) Schedule (tab B-2), Proposed Rate Schedule (tab B-3), and completed Standard Form 33, Solicitation Offer and Award, shall be submitted in Volume II. The Bid Schedule shall include the firm-fixed price to perform all requisite preventative maintenance and demand maintenance and repair services defined in the Performance Work Statement (PWS) up to the limit of liability ($20,000) for the twelve month base period and each of the four successive twelve month option periods. The scope of services for this contract includes the facilities and the “Preventative Maintenance Sections” defined in Section J-1 of the PWS.

3.1.1 Offerors are cautioned that for the scope of services comprising the priced base and option periods, the laborers performing those services shall be subject to the rates contained in the applicable Service Contract Act (SCA) wage decision in accordance with FAR Part 22.

Accordingly, the applicable SCA wage decisions containing the rates prevailing currently are included in the solicitation for reference. Offerors are also cautioned that upon exercise of a subsequent option period, in accordance with FAR 22.1007(c) the Government shall issue the prevailing SCA wage decision which shall govern the wage rates for that option period.

3.2 The award of the base period to the successful offeror, or the exercise of a successive option, shall also provide the Government an indefinite delivery/indefinite quantity (IDIQ) ordering period of the same length. Additional maintenance and repair/demand maintenance requirements that exceed the limit of liability that are within the scope defined in Section J-1 may be issued under separate task orders. The award of the amount proposed for the base period, or an option period, by the successful offeror shall constitute the minimum guarantee under the IDIQ ordering period.

3.2.1 For work that may be performed under separate task orders described in paragraph 3.2, the Government shall issue a Request for Proposal (RFP) defining the task order scope. For the key personnel listed in the Proposed Rate Schedule, whom the Government expects may perform a substantial portion of the task order effort, the offeror shall propose its fully burdened hourly rates. The Government will negotiate the level of effort of those key personnel for the task orders upon receipt of the contractor’s proposal, but the rates proposed by the successful offeror shall become binding in the subsequent contract. These rates will be escalated by three percent (3%) upon the exercise of each successive period.

3.2.2 For future task orders that may be issued, the Government will negotiate any additional direct costs as may be required to perform the work as well as the profit for the task orders, but the overhead rate proposed shall be binding. The overhead rate will not be adjusted or escalated upon the exercise of option periods. The Government may require additional information from the contractor to support its proposed additional direct costs and profit rates when task order RFPs are issued or price proposals negotiated.

3.2.3 The future task orders may be governed by either the Service Contract Act (SCA) or the Davis-Bacon Act (DBA) depending on whether the work requirement is characterized as service or construction in accordance with FAR Part 22. Accordingly, the applicable SCA and DBA wage decisions containing the rates prevailing at the time of solicitation are included to aid in development of rates included in the Proposed Rate Schedule. Offerors are cautioned that the Government will evaluate the proposed rates to assess whether they reasonably account for the prevailing wage decision rates. Offerors are further cautioned the SCA or DBA wage decision rates that are prevailing at the time the Government issues a future RFP, which may be different than those included in this solicitation, will mandate the minimum amount of wages (and applicable fringes) paid to the laborers. In the event that the Department of Labor modifies an applicable SCA or DBA wage decision, the successful offeror may request an equitable adjustment to corresponding binding rate(s) included in the contract which will be evaluated by the contracting officer.

3.2.4 To evaluate and compare offerors’ proposed rates, the Government established the weighting factors which are included in the Proposed Rate Schedule as a means to reasonably project how the total hours required to perform the services required under task orders issued over the life of the contract might be distributed. Offerors are cautioned that they should not assume that the weighting factors are accurate or reasonable indicators or approximations of the hours that the successful offeror may or should expect for task orders that may be issued under the IDIQ ordering periods.

3.3 Based on its market research, the Government anticipates adequate price competition in response to this solicitation; therefore, the Offerors are not required to certify cost or pricing data.

However, the Government must determine that the price is fair, reasonable, and realistic. A fair and reasonable price is the price that a prudent and competent buyer would be willing to pay given available knowledge of the market conditions. A realistic price means that the costs in an offeror’s proposal -

(1) Are realistic for the work to be performed;

(2) Reflect a clear understanding of the requirements; and

(3) Are consistent with the various elements of the offeror’s technical proposal.

Accordingly, the Government reserves the right to request data other than certified cost or pricing data to assess whether an offeror’s proposed price is fair, reasonable, and realistic.

3.3.1 If requested, the Government may require a break-out of the firm-fixed price proposal reflecting all personnel required by skill type, base wages and estimated hours (annualized).

Labor burden plus health and welfare benefits should be detailed. Additionally, indirect costs such as overhead, fees, and G&A expenses should be included.

3.4 Each offeror shall insert into the Exhibit Line Item (ELIN) Schedule (Tab B-2) by providing its proposed firm-fixed price for each facility for the preventative maintenance requirements and the demand maintenance plan, up to the limit of liability, for the base period and each option period.

The offeror shall ensure that its proposed firm-fixed price for the base period includes the mobilization and demobilization requirements defined in the PWS. The offeror shall ensure that the ELIN Schedule is mathematically accurate and that the total amount for each period agrees to the corresponding item on the Bid Schedule.

The above section has been revised to:

3. PRICE PROPOSAL (VOLUME II)

Price Proposal Content Requirements.

3.1 The completed Bid Schedule (see tab B-1 of the PWS), Exhibit Line Item (ELIN) Schedule (tab B-2), Proposed Rate Schedule (tab B-3), and completed Standard Form 33, Solicitation Offer and Award, shall be submitted in Volume II. The Bid Schedule shall include the firm-fixed price to perform all requisite preventative maintenance and demand maintenance and repair services defined in the Performance Work Statement (PWS) up to the limit of liability ($20,000) for the twelve month base period and each of the four successive twelve month option periods.

The scope of services for this contract includes the facilities and the “Preventative Maintenance Sections” defined in Section J-1 of the PWS.

3.1.1 Offerors are cautioned that for the scope of services comprising the priced base and option periods, the laborers performing those services shall be subject to the rates contained in the applicable Service Contract Act (SCA) wage decision in accordance with FAR Part 22.

Accordingly, the applicable SCA wage decisions containing the rates prevailing currently are included in the solicitation for reference. Offerors are also cautioned that upon exercise of a subsequent option period, in accordance with FAR 22.1007(c) the Government shall issue the prevailing SCA wage decision which shall govern the wage rates for that option period.

3.2 The award of the base period to the successful offeror, or the exercise of a successive option, shall also provide the Government an indefinite delivery/indefinite quantity (IDIQ) ordering period of the same length. Additional maintenance and repair/demand maintenance requirements that exceed the limit of liability that are within the scope defined in Section J-1 may be issued under separate task orders. The award of the amount proposed for the base period, or an option period, by the successful offeror shall constitute the minimum guarantee under the IDIQ ordering period.

3.2.1 For work that may be performed under separate task orders described in paragraph 3.2, the Government shall issue a Request for Proposal (RFP) defining the task order scope. For the key personnel listed in the Proposed Rate Schedule, whom the Government expects may perform a substantial portion of the task order effort, the offeror shall propose its fully burdened hourly rates. The Government will negotiate the level of effort of those key personnel for the task orders upon receipt of the contractor’s proposal, but the rates proposed by the successful offeror shall become binding in the subsequent contract. These rates will be escalated by three percent (3%) upon the exercise of each successive period.

3.2.2 For future task orders that may be issued, the Government will negotiate any additional direct costs as may be required to perform the work as well as the profit for the task orders, but the overhead rate proposed shall be binding. The overhead rate will not be adjusted or escalated upon the exercise of option periods. The Government may require additional information from the contractor to support its proposed additional direct costs and profit rates when task order RFPs are issued or price proposals negotiated.

3.2.3 The future task orders may be governed by either the Service Contract Act (SCA) or the Davis-Bacon Act (DBA) depending on whether the work requirement is characterized as service or construction in accordance with FAR Part 22. Accordingly, the applicable SCA and DBA wage decisions containing the rates prevailing at the time of solicitation are included to aid in development of rates included in the Proposed Rate Schedule. Offerors are cautioned that the Government will evaluate the proposed rates to assess whether they reasonably account for the prevailing wage decision rates. Offerors are further cautioned the SCA or DBA wage decision rates that are prevailing at the time the Government issues a future RFP, which may be different than those included in this solicitation, will mandate the minimum amount of wages (and applicable fringes) paid to the laborers. In the event that the Department of Labor modifies an applicable SCA or DBA wage decision, the successful offeror may request an equitable adjustment to corresponding binding rate(s) included in the contract which will be evaluated by the contracting officer.

3.2.4 To evaluate and compare offerors’ proposed rates, the Government established the weighting factors which are included in the Proposed Rate Schedule as a means to reasonably project how the total hours required to perform the services required under task orders issued over the life of the contract might be distributed. Offerors are cautioned that they should not assume that the weighting factors are accurate or reasonable indicators or approximations of the hours that the successful offeror may or should expect for task orders that may be issued under the IDIQ ordering periods.

3.3 Each offeror shall insert into the Exhibit Line Item (ELIN) Schedule (Tab B-2) by providing its proposed firm-fixed price for each facility for the preventative maintenance requirements and the demand maintenance plan, up to the limit of liability, for the base period and each option period. The offeror shall ensure that its proposed firm-fixed price for the base period includes the mobilization and demobilization requirements defined in the PWS.

The offeror shall ensure that the ELIN Schedule is mathematically accurate and that the total amount for each period agrees to the corresponding item on the Bid Schedule.6.1

Section M Revisions:

For each position listed below, the documentation and information provided shall be evaluated to verify each key personnel’s required experience, full or part time status, on or off-site, certifications, registrations, licensing, and other related qualifications. Failure to submit any of the required documentation shall constitute a deficiency and render the Offeror’s proposal not awardable.

For each position listed below, the documentation and information provided shall be evaluated to verify each key personnel’s required experience, full or part time status, on or off-site, certifications, registrations, licensing, and other related qualifications. Failure to submit any of the required documentation shall constitute a deficiency and render the Offeror’s proposal not awardable. As noted in Section L, the Government will evaluate the submitted key personnel to determine the qualifications of those personnel in the event any personnel currently incumbent in the positions identified in the subfactor decline to continue in their current positions upon completion of the incumbent contract pursuant to the implementation of FAR Provision 52.222-17.

6.1 PRICE PROPOSALEVALUATION (VOLUME II)

Evaluation Formula. The Government shall compare offeror’s total prices using the following formula:

(a) The firm-fixed price for the base period (CLIN 0001) (B-1), plus

(b) The firm-fixed price for the first option period (CLIN 0002) (B-1), plus

(c) The firm-fixed price for the second option period (CLIN 0003) (B-1), plus

(d) The firm-fixed price for the third option period (CLIN 0004) (B-1), plus

(e) The firm-fixed price for the fourth option period (CLIN 0005) (B-1), plus

(f) The fully-burdened rate for the Project Manager multiplied by its weighting factor (B-3), plus

(g) The fully-burdened rate for each HVAC Technician multiplied by their applicable weighting factors (B-3), plus

(h) The fully-burdened rate for the Electrician multiplied by its weighting factor (B-3), plus

(i) The fully-burdened rate for the SchoolDude Clerk multiplied by its weighting factor (B-3), plus

(j) The fully-burdened rate for the General Laborer multiplied by its weighting factor (B-3), plus

(k) The sum of items (f) through (j) multiplied by the overhead rate percentage (Bm 3).

The offeror whose total price is low based on this evaluation formula shall be the apparent low offeror.

6.1.1 The Government will evaluate the proposed fully-burdened rates of the apparent low offeror to assess whether they reasonably reflect any applicable underlying wages required under SCA or DBA (see paragraph 3.2.3 above). The Government reserves the right to reject the apparent low proposal, rendering it ineligible for award, if it determines that the rates are unreasonable or unrealistic.

6.1.2 The Government will evaluate the ELIN Schedule of the apparent low offeror for reasonableness and realism (see paragraph 3.4 above).

6.1.3 The Government will evaluate the price proposal of the apparent low offeror for reasonableness and realism (see paragraph 3.3 above). The Government reserves the right to reject the apparent low proposal, rendering it ineligible for award, if it determines the prices proposed are unreasonable or unrealistic.

6.1.4 In the event the Government rejects the apparent low offeror, the Government shall proceed to evaluate the Price Proposal of the next apparent low offeror consistent with the evaluation criteria defined herein.

6.1.5 The contracting officer may award a contract to the apparent low offeror provided that the Government determines that that Technical Proposal (Volume 1) is technically acceptable; that the Price Proposal is fair, reasonable, and realistic; the contracting officer determines that the offeror submitting the apparent low proposal is responsible in accordance with FAR Subpart 9.1.

6.1 PRICE PROPOSALEVALUATION (VOLUME II)

Evaluation Formula. The Government shall compare offerors’ total prices using the following formula:

(a) The firm-fixed price for the base period (CLIN 0001) (B-1), plus

(b) The firm-fixed price for the first option period (CLIN 0002) (B-1), plus

(c) The firm-fixed price for the second option period (CLIN 0003) (B-1), plus

(d) The firm-fixed price for the third option period (CLIN 0004) (B-1), plus

(e) The firm-fixed price for the fourth option period (CLIN 0005) (B-1), plus

(f) The fully-burdened rate for the Project Manager multiplied by its weighting factor (B-3), plus

(g) The fully-burdened rate for each HVAC Technician multiplied by their applicable weighting factors (B-3), plus

(h) The fully-burdened rate for the Electrician multiplied by its weighting factor (B-3), plus

(i) The fully-burdened rate for the SchoolDude Clerk multiplied by its weighting factor (B-3), plus

(j) The fully-burdened rate for the General Laborer multiplied by its weighting factor (B-3), plus (k)The sum of items (f) through (j) multiplied by the overhead rate percentage (B-3).

The offeror whose total price is low based on this evaluation formula shall be the apparent low offeror.

6.1.1 The Government will evaluate the proposed fully-burdened rates of the apparent low offeror to assess whether they reasonably reflect any applicable underlying wages required under SCA or DBA (see paragraph 3.2.3 above). The Government reserves the right to reject the apparent low proposal, rendering it ineligible for award, if it determines that the rates do not adequate reflect the underlying wage rates.

6.1.2 The Government will evaluate the ELIN Schedule of the apparent low offeror for reasonableness

6.1.3 Based on its market research, the Government anticipates adequate price competition in response to this solicitation; therefore, the Offerors are not required to certify cost or pricing data. However, the Government will evaluate the price proposal of the apparent low offeror for reasonableness. A fair and reasonable price is the price that a prudent and competent buyer would be willing to pay given available knowledge of the market conditions. The Government reserves the right to evaluate the price proposal of the apparent low proposal for realism. A realistic price means that the costs in an offeror’s proposal –

(1) Are realistic for the work to be performed;

(2) Reflect a clear understanding of the requirements; and

(3) Are consistent with the various elements of the offeror’s technical proposal.

Accordingly, the Government reserves the right to request data other than certified cost or pricing data to assess the offeror’s proposed price. If requested, the Government may require a break-out of the firm-fixed price proposal reflecting all personnel required by skill type, base wages and estimated hours (annualized). Labor burden plus health and welfare benefits should be detailed. Additionally, indirect costs such as overhead, fees, and G&A expenses should be included if requested. The Government reserves the right to reject the apparent low proposal if it determines that the price is unreasonable or unrealistic.

6.1.4 In the event the Government rejects the apparent low offeror, the Government shall proceed to evaluate the Price Proposal of the next apparent low offeror consistent with the evaluation criteria defined herein.

6.1.5 The contracting officer may award a contract to the apparent low offeror provided that the Government determines that that Technical Proposal (Volume 1) is technically acceptable; that the Price Proposal is fair and reasonable; the contracting officer determines that the offeror submitting the apparent low proposal is responsible in accordance with FAR Subpart 9.1.

FACTOR A – RESOURCE MANAGEMENT PLAN

The Offeror’s Resource Management Plan shall be evaluated in accordance with the following.

A deficiency on any subfactor will render Factor A overall as Unacceptable, and render the Offeror’s proposal not awardable.

Project Manager (On-site Full-Time). One (1) Project Manager is required to be on-site full time in support of this contract. The on-site Project Manager is required to have a minimum of 10 years of project management experience within the last 15 years from date of solicitation. Failure to submit or meet the requirements above shall constitute a deficiency and render the Offeror’s proposal not awardable.

HVAC Technician (On-Site Full-Time). Three (3) HVAC Technicians are required to be on-site full time in support of this contract. The minimum experience for at least one of the HVAC Technicians is at least 5 years of HVAC experience within the last 10 years from date of solicitation. Each additional HVAC technician shall have at least 3 years of HVAC experience within the last 10 years from date of solicitation.

Failure to submit or meet the requirements above shall constitute a deficiency and render the Offeror’s

FACTOR A – RESOURCE MANAGEMENT PLAN

The Offeror’s Resource Management Plan shall be evaluated in accordance with the following.

A deficiency on any subfactor will render Factor A overall as Unacceptable, and render the Offeror’s proposal not awardable.

Project Manager (On-site Full-Time). One (1) Project Manager is required to be on-site full time in support of this contract. The on-site Project Manager is required to have a minimum of 10 years of project management experience within the last 15 years from date of solicitation. Failure to submit or meet the requirements above shall constitute a deficiency and render the Offeror’s proposal not awardable.

HVAC Technician (On-Site Full-Time). Two (2) HVAC Technicians are required to be on-site full time in support of this contract. The minimum experience for at least one of the HVAC Technicians is at least 5 years of HVAC experience within the last 10 years from date of solicitation. Each additional HVAC technician shall have at least 3 years of HVAC experience within the last 10 years from date of solicitation. Failure to submit or meet the requirements above shall constitute a deficiency and render the Offeror’s

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)

(a) Service employee, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term ``service employee'' includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

(b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified.

(1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work.

(2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation.

(i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days.

(ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495.

(iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract.

(iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment).

(c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Labor Standards statute, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee's past performance, has failed to perform suitably on the job (see

29 CFR 9.12(c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions.

(2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements.

(3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause.

(d)(1) The Contractor shall, not less than 30 days before completion of the Contractor's performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(3) The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR chapter 9) to service employees of their possible right to an offer of employment with the successor contractor.

Where a significant portion of the predecessor Contractor's workforce is not fluent in English, the notice shall be provided in English and the language(s) with which service employees are more familiar. The written notice shall be—

(i) Posted in a conspicuous place at the worksite; or (ii) Delivered to the service employees individually. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice.

(e)(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compliance with this clause for not less than a period of three years from the date the records were created.

(1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made.

(2) A copy of any record that forms the basis for any exemption claimed under this part.

(3) A copy of the service employee list provided to or received from the contracting agency.

(4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee, the period covered by such payment, and the date of payment, and a copy of any receipt form provided by or authorized by the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employee, with the Administrator or an authorized representative within 10 days after payment is made.

(g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause (52.233-1) of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S. Department of Labor, and the service employees under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes to file a complaint, or ask questions concerning this contract clause, to the: Branch of Government Contracts Enforcement, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Contact email: displaced@dol.gov.

(h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s) available for inspection, copying, or transcription upon request.

(i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

(j) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the Contractor may request that the United States, through the Secretary, enter into such litigation to protect the interests of the United States.

(k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other Government contract with the same prime Contractor, such sums as an authorized official of the Department of Labor requests, upon a determination by the Administrator, the Administrative Law Judge, or the Administrative Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate. If the Contracting Officer or the Administrator, upon final order of the Secretary, finds that the Contractor has failed to provide a list of the names of service employees working under the contract, the Contracting Officer may, in his or her discretion, or upon request by the Administrator, take such action as may be necessary to cause the suspension of the payment of contract funds until such time as the list is provided to the Contracting Officer.

(l) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract, the Contractor shall include a provision that ensures—

(1) That each subcontractor will honor the requirements of paragraphs (b) through (c) of this clause with respect to the service employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor Contractor and its subcontractors;

(2) That the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs (d) and (e) of this clause; and

(3) The recordkeeping requirements of paragraph (f) of this clause.