20R0018 AMENDMENT 0001.pdf

0011475731

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 amendment 0001 to solicitation W9124C20R0018 is to do the follow ing:

Change PWS reference in section 1.12.

Update Section L.1 Proposal Format and Proposal Page Limit paragraphs Update references in Section M, Past Performance to define major subcontractor as 25% Remove Cost reimbursable from Section M.

Update Section L.1, Volume 3 regards Area Wage Determinations Update Section L, Volume 4 Past Performance; add min/max number references.

Add Clause 52.222-43 As a result of these changes, all other terms and conditions w ill remain the same. (See Summary of Changes).

1. CONTRACT ID CODE PAGE OF PAGES

1 24

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

16C. DATE SIGNED

BY 08-Sep-2020

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 W9124C20R0018

X 9B. DATED (SEE ITEM 11)

21-Aug-2020

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

08-Sep-2020

CODE

MICC - FT JACKSON

4340 MAGRUDER AVE

FORT JACKSON SC 29207

W9124C 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9124C20R0018

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION I - CONTRACT CLAUSES

The following have been modified:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

XX (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

XX (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

XX (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (MAY 2014) of 52.225-3.

____ (iii) Alternate II (MAY 2014) of 52.225-3.

____ (iv) Alternate III (MAY 2014) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

XX (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

ADDENDUM TO 52.212-1

PROPOSAL SUBMISSION (Section L)

INSTRUCTIONS TO OFFERORS

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

1. Replace paragraph (b) entitled “Submission of offers” with the following instructions:

Submission of Offers. Submit signed and dated offer, via email, at or before the exact time specified in this solicitation. Failure to provide all required documents or information may exclude the offeror(s) from further consideration. Paper/hard copy offers will not be accepted. Only signed offers submitted on the Standard Form (SF) 1449 will be accepted. Faxed proposals will not be considered. Offerors are cautioned that failure to comply with all proposal submission requirements outlined in Section L may result in a proposal being determined nonresponsive. Nonresponsive proposals will not be evaluated and will be ineligible for award.

(a) Electronic submissions via email will be the only offers accepted. Offers should be address to Cheryl M. Todd at cheryl.m.todd.civ@mail.mil and Dr. Regina N. Givens at regina.n.givens.civ@mail.mil

(b) This is an electronic solicitation release. No hard copies will be mailed.

Amendments to the solicitation will be posted to the beta.sam website at https://beta.sam.gov. It is the responsibility of each Offeror to review the webpage for notice of amendments, updates, or changes to current information.

(c) All inquiries during the solicitation phase should be directed to the Contract Specialist Ms. Cheryl M.Todd via email cheryl.m.todd.civ@mail.mil and courtesy copy (cc:) the Procuring Contracting Officer (PCO) Dr.Regina N. Givens at regina.n.givens.civ@mail.mil Offerors are requested to review the solicitation and submit only written questions and/or comments with email subject line reference: Ref:

Solicitation Number W9124C20R0018 Questions and/or Comments Base Operations Support Services. All questions must be submitted no later than five days after solicitation has been posted to allow a reasonable time for the Government to respond. All questions submitted after that date and time may not be answered.

(d) Answers to questions posed will be sent to all prospective Offerors and shall not change or qualify any of the terms or conditions of the solicitation. The solicitation can only be changed by a formal written amendment issued by the MICC Fort Jackson Contracting Office.

(e) The government anticipates awarding the contract on or about 9 October 2020. The Minimum Acceptance Period identified in the Supplemental Information section of the SF 1449 shall require that any proposal submitted in response to the solicitation be guaranteed for 120 calendar days.

Proposal Instructions. Each offeror’s proposal shall be submitted as listed below and all information shall be confined to the appropriate volume to facilitate independent evaluation. Proposals which do not follow these guidelines or which do not include the requested minimum information may be eliminated from further consideration for award. The electronic copy of the proposal shall consist of four separate volumes; one mailto:cheryl.m.todd.civ@mail.mil mailto:cheryl.m.todd.civ@mail.mil mailto:regina.n.givens.civ@mail.mil volume for each. Offerors shall attach a volume cover sheet to the outer cover of each binder identifying:

(1) volume number(s);

(2) request for proposal number;

(3) title;

(4) offeror’s name.

Volume Digital Copies Volume I, RFP Documents 1 (via email) Volume II, Technical Proposal 1 (via email) Volume III, Price Proposal 1 (via email) Volume IV, Past Performance 1 (via email)

i. Proposal Format. The offeror shall submit each volume of the proposal as noted above in the number of copies indicated. Different sections of Volume I and II shall be separately tabbed for ease of identification to distinguish between sections. Proposals shall utilize standard 1 inch margins all around.

Font shall be no less than 10pt font in either Times New Roman or Arial (regular). For tables and charts, font shall be no less than 10pt font in either Times New Roman or Arial (regular).

ii. Proposal Page Limit. The page limits for Volume II, Technical Proposal (this excludes any attached charts, matrix, or graphs, and a contract level QC Plan).

and Volume III, Price Proposal (RFP Documents and Price Breakdown) are identified below:

Volume Maximum Page

Limit Volume I, RFP Documents No page limit Volume II, Technical Proposal 50 pages Volume III, Price Proposal No page limit Volume IV, Past Performance No page limit

NOTE: Charts, matrices, or graphs shall not be used to replace narrative descriptions to detail the Offeror’s proposed approach.

iii. Proposal Content.

Volume I, RFP Documents: Volume I must be clearly marked “VOLUME I – RFP

DOCUMENTS, W9124C-20-R-0018

Volume II, Technical Proposal: Volume II must be clearly marked “VOLUME II –

TECHNICAL PROPOSAL, W9124C-20-R-0018.”

Volume III, Price Proposal: Volume III must be clearly marked “VOLUME III – PRICE

PROPOSAL, W9124C-20-R-0018.”

Volume IV must be clearly marked “VOLUME IV – PAST PERFORMANCE, W9124C- 20-R-0018.” Each corresponding Volume shall include the following information:

VOLUME I – RFP Documents. The contractor must submit the following documents:

1. Formal letter of Acknowledgment of Solicitation, and Amendments (if applicable).

2. SF 1449 - Signed and completed SF 1449, Solicitation Offer and Award.

Acknowledgment of Amendments can be made on the face of the SF 1449 or signed copies of the amendments can be included in this Section.

3. Representations, Certifications, and Other Statements of Offerors - The contractor shall provide fill-ins and certifications required in the Representations and Certifications Section. The fill-ins and certifications must be filled out completely.

Representations and Certifications must be returned in its entirety.

4. General Information - Identification of the proposal point of contact (POC), e-mail address, and phone number; a list of the proposal package contents.

VOLUME II - TECHNICAL PROPOSAL: The Technical Proposal shall consist of the offeror’s response to meet the requirements outlined in the Performance Work Statement (PWS) as described below. Offeror should assume that the Government has no prior knowledge of their experience, and will base its evaluation on the information presented in the offeror's proposal. Each section shall be separately tabbed and shall address the following areas:

1. TAB A – Table of Contents

2. TAB B – Glossary of Abbreviations and Acronyms

3. TAB C – List of Table and Drawings and/or Cross Reference if Applicable

4. TAB D – Exceptions/Assumptions.

The contractor shall provide identification and explanation of any exceptions or deviations. Additionally, identify any assumptions used in preparing the proposal, if applicable. If there are no exceptions/assumptions, the contractor shall state as such.

5. TAB E - Technical.

Offeror’s proposal shall be clear, concise and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and not desired. Legibility, clarity and coherence are very important. The volume shall not simply rephrase or restate the Government’s requirements; the volume shall provide convincing rationale to address how the Offeror intends to meet the Government’s requirement. Statements such as “the Offeror understand, can or will comply with the PWS, “(including referenced publications, technical data, etc.)’ statements paraphrasing the PWS or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used” etc., will be considered unacceptable. The technical volume shall not contain the Offeror’s name or any markings that would readily reveal the offeror’s name, subcontractor’s name, joint ventures or teaming agreement. This part shall be marked with the Offeror’s DUNS Number.

Technical Capability: A detailed narrative of how the offeror will accomplish the tasks required in the PWS. The offeror should address as specifically as possible the actual methodology used for accomplishing the PWS tasks. At the minimum the offerors shall address:

Subfactor 1: Management Approach

(a) Requisite qualifications, experience, and time commitment of the program manager and quality control manager;

(b) Demonstrated ability of proposed management to perform work assignments accurately and in a timely manner;

(c) Management flexibility and commitment to perform work assignments on short notice based on changing task priorities.

(d) Organizational structure to manage key personnel for Area of Responsibilities (9 states and Puerto Rico), to include a detailed narrative of how hiring, onboarding, management and dismissal will be managed across the 9 southeastern states and Puerto Rico.

(e) An effective management plan that ensures allocation of staff and resources to accomplish work goals as work efforts increase.

(f) Requisite knowledge, skills and abilities of key staff assigned to the project

(g) An effective quality control and cost monitoring plan that adheres to requirements specified in the Quality Assurance Surveillance Plan

(h) An effective knowledge management plan that insures all data collection, analysis and reporting is conducted in accordance with the PWS

Subfactor 2: Staffing Approach

(a) Demonstrated staff experience in managing similar efforts, with examples of increased work efforts and staffing, especially government;

(b) A detailed narrative of how the offeror will accomplish the tasks required in the performance work statement. The offeror should address as specifically as possible the actual methodology used for accomplishing the PWS tasks in Section 5. State how the offeror is going to ensure that all of the requirements of the contract PWS will be met during vacancies in the offeror’s staff due to resignation, leave, etc. The narrative should include policies and procedures for the selection and management of subcontractors.

(c) A detailed narrative of proposed staffing levels for each labor category per location.

VOLUME III - PRICE PROPOSAL: Volume III shall consist of a Price Breakdown:

Volume III must be clearly marked “VOLUME III – PRICE PROPOSAL, W9124C-20-R- 0018.” Electronic versions of the Price Proposal should be submitted and shall not be read only or password protected. All formulas, lookup tables, and links should be intact, and no links shall exist to files not included with the submission. Spreadsheets shall not contain hidden worksheets. PDF or flat files will not be considered adequate.

Other Than Certified Cost or Pricing Data is necessary to support a determination of reasonableness and balanced pricing, and the following must be submitted with the Volume III price proposal. The Price Breakdown shall be included as identified below.

Price Breakdown. The contractor shall submit the following documents as part of the Price Breakdown:

CLIN 0001 Phase-In: Contractor shall provide a Firm Fixed Price unit price for a one-month phase-in period IAW the PWS.

CLIN 0002 (with sub-CLIN’s) - Base Operations Support Services and Option CLINs: Are all Firm Fixed Priced CLINs for Base Operations Support Services. This price includes exempt labor and everything necessary to provide base operations support services.

CLIN 0003 (with sub-CLIN’s) - Travel and Option CLINs: Are all Firm Fixed Priced CLINs for Base Operations Support Services. This price includes exempt labor and everything necessary to provide base operations support services.

CLIN 0004– Contractor Manpower Reporting (CMR). Reporting of contractor manpower data IAW instructions contained in the PWS. Offeror will determine, in Section B, CLIN 0004 to price or not-separately-price the CMRA requirement. The CMR costs shall be proposed, if any, as a Firm Fixed Price. If there is no cost for the report(s), Offerors shall annotate “Not Separately Priced” in the amount blocks on each applicable CLIN. Offerors shall explain in the pricing narrative how they arrived at the amount proposed. CLIN(s) 0004 shall be the CLIN(s) under which the Contractor shall bill for all costs associated with the eCMRA requirement.

Pursuant to the Service Contract Act of 1965, the determination by the Secretary of

Labor as to the applicable minimum monetary wage and fringe benefits will be made part of any resulting contract. For evaluation purposes only, the Government has provided the applicable Area Wage Determinations link as Attachment 3 of this RFP.

The offeror shall provide a crosswalk of the proposed labor categories against the Area Wage Determinations for locations identified in TE4 to the PWS.

The offeror shall submit a complete breakdown of costs by major subcontractor. A major subcontractor is defined as a member of the offeror’s overall team who is expected to perform 25% or more of the proposed effort.

Offerors shall fill in the proposed prices (base year plus four option years) for the unit prices on the pricing schedule provided in Section B of the solicitation for the services requested. The total cost in the - Pricing Schedule at section B shall be filled-in at each of their respective CLINs in the bid schedule in section B of the solicitation. The proposed unit price shall be rounded to two decimal places.

The offeror shall ensure the units prices are represented in two decimal positions only (example: $0.27, not $0.27458).

The offeror may provide background information, other than the pricing data that is required, concerning its pricing methodology. This information might include details of the methodology applicable to your offer. The data, if submitted, would be used by the government to better understand their pricing (see sample table below).

FLSA

Exempt Non- Exempt

Area Wage Determina tion Code

Labor Category

Numbe r of

FTE’s

Total Hours (All

FTEs)

Wage Rates

Fringe Benefits

Total$

Contractors shall provide a statement that shall address the total percentage of labor dollars to be performed by the prime and each teaming partner, in order to validate compliance with FAR 52.219-14, Limitations on Subcontracting.

VOLUME IV: PAST PERFORMANCE: The Past Performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant Past Performance, focusing on and targeting performance which is relevant to the work being procured under this solicitation and as defined in Section M.

Past Performance information described herein is required on the offeror and all subcontractors, teaming partners, and/or joint venture partners performing work that constitutes more than 25% of the total proposed cost of the contract. The offeror shall submit, along with the information required in this paragraph, a consent letter, executed by each subcontractor, teaming partner, and/or joint venture partner performing work that constitutes more than 25% of the total proposed cost of the contract, authorizing release of adverse past performance information to the offeror so the offeror can respond to such information. For each identified effort for a commercial customer, the offeror shall also submit a client authorization letter, authorizing release to the Government of requested information on the offeror's performance.

The offeror shall include documentation regarding their relevant past performance as it directly relates to the work being procured under this solicitation. The offeror SHALL NOT go back any farther than 5 years for services for the submitted data. The past performance data shall document a successful history of past contract performance for no less than three (3) but no more than five (5) past contracts.

In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance Volume and information obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems, Defense Contract Management Agency (DCMA) and commercial sources. Offerors are reminded that both independent data and data provided by offerors in their proposals may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the offerors. Proposals that do not contain the information requested by this paragraph risk rejection or a less than acceptable performance rating by the Government. All past performance comments received will be taken into account and could affect the overall rating. The overall past performance evaluation is a subjective decision based on the whole of all data received. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a) (2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.” Submission requirements: The offeror shall submit a Past Performance Volume containing the following:

(a) TAB A - Table of Contents

(b) TAB B Consent Letters executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing the release of past performance information so the offeror can respond to such information. A sample consent letter is attached.

(c) TAB C Organization Structure Change History. Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of performance of relevant present or past efforts or between conclusion of recent past efforts and this source selection. As a result, it is sometimes difficult to determine what past performance is relevant to this acquisition.

To facilitate this relevancy determination, include in this proposal volume a "roadmap" describing all such changes in the organization of your company. As part of this explanation, show how these changes impact the relevance of any efforts you identify for past performance evaluation/performance confidence assessment. Since the Government intends to consider present and past performance information provided by other sources as well as that provided by the offeror(s), your "roadmap" should be both specifically applicable to the efforts you identify and general enough to apply to efforts on which the Government receives information from other sources.

(d) TAB D Specific Relevant Contracts Format. Sheets shall be in accordance with attached specific relevant contract sheets and are limited to 3 pages per reference. The offeror shall provide documentation outlining the offeror’s past performance with contracts, as a prime or major subcontractor, which is the same or similar in nature, size, and complexity to the services being procured under this Solicitation. The submittal shall include rationale supporting your assertion of relevance and how it was determined that the work performed previously was the same or similar in nature, size, and complexity to the work specified by this solicitation.

Offerors are required to explain what aspects of the contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate. The past performance information provided will be evaluated to determine the extent of:

a. Quality of Service

b. Similar Work Experience

c. Timeliness of Performance

d. Customer Satisfaction

2. Replace paragraph (c) entitled “Period of acceptance of offers” with the following instruction:

(c) Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 120 days from the date specified for receipt of offers.

3. Replace paragraph (e) entitled “Multiple offers” with the following instructions:

(e) Multiple offers. Offeror shall submit only one offer presenting the terms and conditions or commercial items for satisfying the requirements of this solicitation.

4. Replace paragraph (h) entitled “Multiple Awards” with the following:

(h) Multiple awards. The Government will award on an “all or none” basis.

SECTION M - EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

BASIS FOR AWARD (Section M)

The award will be made based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the three (3) evaluation factors: Technical, Cost/Price, and Past Performance.

The Technical factor is significantly more important than the Cost/Price factor, which is more important than the Past Performance. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Technical factor (to include all subfactors). Additionally, any other than small business offeror must have an acceptable Small Business Subcontracting Plan to receive an award in accordance with FAR 19.702(a). Offerors will be cautioned that the award may not necessarily be made to the lowest cost offered. NOTE: TECHNICAL CAPABILITY SHALL BE

SIGNIFICANTLY MORE IMPORTANT THAN COST/PRICE AND PAST

PERFORMANCE.

As set forth in FAR 52.215-1 (f) (4), the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a), clarifications and award without discussions). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In the event that discussions are held, a competitive range determination will be made. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the rated technically acceptable proposals.

C. FACTORS AND SUBFACTORS TO BE EVALUATED

The following evaluation factors and subfactors will be used to evaluate each proposal:

Award will be made to the offeror whose proposal is most advantageous to the Government based upon an integrated assessment of the evaluation factors and subfactors described below. The Government reserves the right to make award based upon the Cost/Price factor in the event that the Technical and Past Performance evaluation results of all the offerors’ proposals are substantially the same.

Factor 1: The Technical factor is further divided into the following subfactors:

a. Management Approach

b. Staffing Approach

Subfactor 1 is relatively weighted equal to that of Subfactor 2.

Evaluation of the offeror’s proposal shall address each Technical subfactor as it applies to the Performance Work Statement (PWS). A detailed explanation of the criteria for the evaluation is set forth in the “Evaluation Approach”, Paragraph C of this section.

During evaluation of each proposal, the Government will assign each Technical subfactor an adjectival rating and write a narrative evaluation reflecting the identified findings.

Factor 2: Cost/Price: The resulting award will be a Firm Fixed Price contract. Price reasonableness will be utilized in the evaluation of the Firm-Fixed Price effort.

Unreasonably high, unbalanced, inaccurate or incomplete price proposals may be the grounds for eliminating a proposal from competition.

Factor 3: Past Performance: Each offeror’s past performance will be reviewed to determine relevancy and relevancy.

D. EVALUATION APPROACH

All proposals shall be evaluated by the Source Selection Team (SST).

1. The overarching evaluation approach for all factors and subfactors is as follows:

a. Adequacy of Response. The proposal will be evaluated to determine whether the offeror’s methods and approach have adequately and completely considered, defined, and satisfied the requirements specified in the RFP. The proposal will be evaluated to determine the extent to which each requirement has been addressed in the proposal in accordance with the proposal submission section of the RFP.

b. Feasibility of Approach. The proposal will be evaluated to determine the extent to which the proposed approach is workable and the end results achievable. The proposal will be evaluated to determine the extent to which successful performance is contingent upon proven devices and techniques. The proposal will be evaluated to determine the extent to which the offeror is expected to be able to successfully complete the proposed tasks and technical requirements within the required schedule.

2. The Technical factor is divided into the following subfactors:

Subfactor 1: Management Approach

(a) Requisite qualifications, experience, and time commitment of the program manager and quality control manager;

(b) Demonstrated ability of proposed management to perform work assignments accurately and in a timely manner;

(c) Management flexibility and commitment to perform work assignments on short notice based on changing task priorities.

(d) Organizational structure to manage key personnel for Area of Responsibilities (9 states and Puerto Rico), to include a detailed narrative of how hiring, onboarding, management and dismissal will be managed across the 9 southeastern states and Puerto Rico.

(e) An effective management plan that ensures allocation of staff and resources to accomplish work goals as work efforts increase.

(f) Requisite knowledge, skills and abilities of key staff assigned to the project

(g) An effective quality control and cost monitoring plan that adheres to requirements specified in the Quality Assurance Surveillance Plan

(h) An effective knowledge management plan that insures all data collection, analysis and reporting is conducted in accordance with the PWS

Subfactor 2: Staffing Approach

(a) Demonstrated staff experience in managing similar efforts, with examples of increased work efforts and staffing, especially government;

(b) A detailed narrative of how the offeror will accomplish the tasks required in the performance work statement. The offeror should address as specifically as possible the actual methodology used for accomplishing the PWS tasks in Section 5. State how the offeror is going to ensure that all of the requirements of the contract PWS will be met during vacancies in the offeror’s staff due to resignation, leave, etc. The narrative should include policies and procedures for the selection and management of subcontractors.

(c) A detailed narrative of proposed staffing levels for each labor category per location (See PWS Technical Exhibit 4 for list of facility locations).

In accordance with the Army Source Selection Supplement (AS3), Section 3.1, the Army methodology for evaluating Technical Approach and Related Risk is the

Combined Technical/Risk Rating, (see Table 1 below). This methodology considers risk, in conjunction with the strengths, weaknesses, significant weaknesses, uncertainties, and deficiencies in determining technical ratings.

3. Cost/Price Factor. Adjectival ratings shall not be used for offerors’ Cost/Price proposals. The Government will fully evaluate and negotiate all priced Contract Line Item Numbers (CLINs) for award. For award purposes, the total proposed price for all CLINs will be added together into a total sum (contract value) The evaluation of all option CLINs will not obligate the Government to exercise any option The Offeror’s Cost/Price proposal will be evaluated as follows.

Cost Evaluation: A cost realism analysis will be performed to determine whether specific estimated proposed elements are realistic for the work to be performed; reflect a clear understanding of the contract requirements; and are consistent with the unique methods of performance described in the Offeror’s Technical proposal. The realism analysis will also be used to evaluate the offeror’s understanding of contract technical

TABLE 1 – COMBINED TECHNICAL/RISK RATINGS

Color Rating Description Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful…