W912CN-16-R-0005_0002_SF30.pdf

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 solicitation cited in block 9a is being amended for the follow ing reason:

a. To include a copy of the full Collective Bargaining Agreement (CBA) in effect. Due to system errors, CBA w ill be uploaded separately from the solicitation amendment in FBO as “Attachment 2 – Full CBA".

b. To provide w ord document copies of Enclosures 2, 7 and 8. Enclosures w ill be uploaded separately from the solicitation amendment in

FBO.

c. To include “Questions and Answ ers 2” segment.

See summary of changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 6

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

16C. DATE SIGNED

BY 17-Feb-2016

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 W912CN-16-R-0005

X 9B. DATED (SEE ITEM 11)

02-Feb-2016

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 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

17-Feb-2016

CODE

EXPEDITIONARY CONTRACTING COMMAND

413TH CSB, RCO-HAWAII,

742 SANTOS DUMONT AVENUE

BLDG 108, 3RD FLOOR (WAAF)

SCHOFIELD BARRACKS HI 96857-5026

W912CN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912CN-16-R-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

QUESTIONS AND ANSWERS 2

1. This solicitation is for Dining Facility Attendant services only, yet it includes the Randolph-Sheppard Act priority. The Randolph-Sheppard Act priority does not apply to DFA-only contracts, only to Full Food Service contracts, per many court rulings such as La. Office of Rehab. Servs. v United States Dep 't of the Air Force, Civ. No. 98-132.

a. In the previous Questions and Answers #29, the Government suggested that the Randolph- Sheppard Act priority would not be removed due to the provision in section 856 of the NDAA for 2007. The "no poaching" clause is meant to protect RSA contracts from poaching by an AbilityOne offeror, not a small business offeror. The court case cited above removed the Randolph-Sheppard Act priority and replaced it with a small business set-aside. In addition to the Louisiana court case, a court in Washington made the same determination that DFA only contracts do not belong to Randolph- Sheppard and can be solicited with only a small business set-aside. See Washington State Department of Services for the Blind and Robert Ott v The United State No. 03-2017 C.

b. Will the Government please remove the improper RSA priority? No, the priority will remain as stated in the solicitation.

2. PWS Paragraph 2.1.9 requires the Prime Contractor to submit a Small Business Subcontracting Plan IAW FAR Part 19.7. FAR Part 19.7 states that Subcontracting Plans are not required from Small Business Concerns. Will the Government please remove this requirement? Paragraph 2.1.9 Subcontract Management and requirement to submit a subcontracting plan will not be removed from the solicitation. As stated in ADDENDUM TO 52.212-1 (5) Volume V – SUBCONTRACTING PLAN, a subcontracting plan is applicable to large business SLA’s only.

3. PWS Paragraph 3.1.12 requires the Contractor to clean the floors in the dining room, pot and pan area, and dish washing areas. Who is responsible for cleaning the floors in the food production area? Military is responsible for the floor in the kitchen area.

a. How often are floors required to be stripped and re-waxed? On an as needed basis, historically it was performed on a quarterly basis.

4. As identified in TE 1, Facilities 780, 102 and 357 have special meal hours for Thanksgiving. There is no CLIN for these services, which require longer meal hours and therefore additional labor hours. Will the Government please establish a CLIN for the Thanksgiving meals so these services can be properly captured? An additional CLIN for Thanksgiving meals will not be established.

5. The Proposal Preparation Instructions for the Price Proposal includes a notice that the Government reserves the right to require submission of Other Than Certified Cost or Pricing Data. Does the Government require submission of this information with the initial proposal? No

6. The Proposal Preparation Instructions for the Technical Volume requires the submission of key personnel resumes. Which positions are considered Key Personnel? Personnel identified under PWS Paragraph Section 2.3.

7. The notice of a CBA includes a list of job categories that are covered by the CBA. There are positions identified that are not included in this DFA -only contract, such as the Cook II, Cook I, Baker, etc. Will the Government please clarify this? The CBA includes positions such as the Cook II, Cook I, Baker, etc because the current contract is for Full Food services and required Cooking Support. The renewal contract has been down-scoped from Full Food services to Dining Facility Attendant services requirement only.

8. We are not clear on the answer to question #29. Question #11 provides an answer that the current contract’s PWS and the solicitations PWS are not the same. The Collective Bargaining agreement lists cooks, bakers, salad makers, cashiers, storekeeper and AFMIs clerk. So, our questions are:

Was the Full Food class of service employees used in the current contract? Yes Is the current contract (W912CN-11-D-0010 a DFA contract? Yes

9. Can you provide a separate CLIN for contract management? A separate CLIN for contract management will not be added.

10. We would like to point out that the 5% limitation does not comply with the Randolph-Sheppard Act procedures. The RFP acknowledges that this solicitation is subject to the exercise of certain preference policies under the Randolph-Sheppard Act.

The Randolph-Sheppard Act ("R-S Act"), 20 U.S.C. § 107, was enacted in 1936 to enlarge economic opportunities of the blind. In 1974, the R-S Act was amended to establish a cooperative federal-state program that gives priority to give blind persons priority to operate vending facilities (including cafeterias) on federal property.

The 1974 amendment directs the Department of Education ("DOE") to promulgate regulations to ensure that, whenever feasible, one or more vending facilities are established on all federal properties, and that priority in their operation is given to licensed blind persons. See 20 U.S.C. § 107(b). The Secretary of DOE is authorized to oversee implementation of the R-S Act through the Commissioner of the Rehabilitative Services Administration ("Commissioner"). 20 U.S.C. § 107d-3(e). Among the duties assigned to the Secretary of DOE is the designation of State Licensing Agencies ("SLAs"), which are authorized to issue licenses to blind citizens for the operation of vending facilities on federal property for the sale of newspapers, magazines, tobacco products, foods, beverages, and other items. 20 U.S.C. § 107a(a)(5). Hawaii BEP is an SLA designated by the Secretary of DOE to participate in contracts under the R-S Act.

Under the Randolph-Sheppard Act, the contract should be awarded if the Randolph-Sheppard bidder’s proposal meets the competitive criteria, is responsive to the requirements of the contract as has a “reasonable” price. Although the Joint Committee once tried to define the term “reasonable” as when “the State licensing agency’s final proposal revision does not exceed the offer that represents the best value (as determined by the contracting officer after applying its source selection criteria contained in the solicitation) by more than five percent of that offer…”, that language has in fact found to be unlawful. Moreover, a March 2007 Department of Defense memo instructs contracting officers NOT to implement the 5% recommendation.

Under federal law, multiple groups are provided different contracting priorities. Most, including HUBZone companies and 8(a) minority owned small business, are given a 10% competitive range. As set forth in Automated Communication Sys., Inc. v. United States, 49 Fed. Cl. 570, 578 (2001) as well as in GAO decisions, the Randolph Sheppard priority is even stronger and afforded more deference. Consequently, these decisions support our contention that any contracting standard, such as the 5% limitation, which makes the Randolph-Sheppard priority weaker that other priorities, is inconsistent with the Randolph-Sheppard Act.

Is the Dept. of the Army going to be removing the limitation that is clearly inconsistent with the law? No, it will remain as stated in the solicitation, a SLA price proposal will be considered fair and reasonable if its proposed price does not exceed the low priced technically acceptable offer by more than five percent, or one million dollars, whichever is less, for the total price for all performance periods required by the solicitation.

11. It is our understanding that the current contract is under a Collective Bargaining Agreement (CBA).

When will the full CBA be added to the solicitation? Yes, the full CBA will be uploaded via Solicitation amendment 2, due to a system error the CBA will be uploaded to FBO separately from the solicitation amendment as “Attachment 2 – Full CBA”.

12. We are requesting clarification about cashier duties in the facilities; will the Government be performing this function? Soldiers will perform cashier duties

13. We are requesting clarification about contingency cooks or line servers, there is nothing said if this is a requirement in the contract? Also there is not a CLIN for this function, will one be added? No, this contract is for Dining Facility Attendant services only.

14. Will the Government Cooks and Line Servers clean the equipment they use? Soldiers will clean the equipment that they use.

15. Will the Government be buying the carry-out containers and plastic ware? Government will supply carryout containers and plastic ware.

16. Will the Government be buying all the paper goods used in the facilities? See PWS and TE 4 for a list of what the contractor is required to provide.

17. Who provides cleaning supplies to Government Cooks? Government will provide cleaning supplies to the Soldiers for their use in the DFAC.

18. Who provides kitchens supplies to Government Cooks? (e.g. foil, plastic wrap, etc) Government will provide those items to the Soldiers

19. Enclosure 2, Past Performance Evaluation Questionnaire can it be provided in word format? Yes, it will be uploaded to FBO as a separate attachment.

20. Enclosure 7, Specific Relevant Contracts Sheet can it be provided in word format? Yes, it will be uploaded to FBO as a separate attachment.

21. Page 98 of 146, paragraph (5) under proposal format states: “Letter size and spacing requirements for illustrations and tables can be at the discretion of the offeror but must be easily readable.” We are unable to find any directions as to font size for text in the proposal. Does the Government have a preference? Please clarify. Government does not have a preference in font size.

22. Page 98 of 146, under Volume I – General, TAB B, Solicitation, Offer and Award states: “The offeror shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually.” Where is this information to be provided? Please clarify. This information can be provided in Block 30 of the solicitation.

23. Page 98 of 146, under Volume I – General, TAB C, Representations, Certifications and Other Statements of Offerors, it states: “The offeror shall ensure the Representations, Certifications and Other Statements of Offerors is thoroughly completed with all blocks in each certification/ representation completed truthfully and completely.” Is this required if an offeror is currently registered in SAM? Please clarify. Yes this is required.

24. Page 99 of 146 states: “The offeror’s technical proposal shall contain the following factors and subfactors:” The only factor we see is Factor 1: Technical Approach, with four subfactors. Is this the only factor to be addressed in the technical proposal? Please clarify. For the Technical Proposal the offeror shall address the following:

Factor 1: Technical Approach Subfactor 1a. Personnel Qualifications Subfactor 1b. Corporate Experience and Capabilities Subfactor 1c. Technical Capability and Approach Subfactor 1d. Contractor’s Quality Control Plan

25. Under TAB B – Subfactor 1b Corporate Experience and Capabilities, you have listed four items/ areas to be addressed. These include labor matrix(ices), organization chart, approach to hiring practices and policies and an approach to safety and training. None of these address Corporate Experience. Where is corporate experience to be addressed? Please clarify. Address corporate experience under Subfactor 1b-Corporate Experience and Capabilities.

26. The solicitation contains information/directions concerning Enclosures 1, 2, 7 and 8. We are unable to find Enclosures 3, 4, 5 and 6 and/or any above 8. Do these enclosures exist and, if so, could you please provide them to offerors? Enclosures 3, 4, 5 and 6 exist and are to be used internally by RCO-HI personnel. There are no enclosures above 8.

27. Could the Government provide Enclosures 1, 2, 7 and 8 in Microsoft Word as all four enclosures require input and/or modification to be used for submission? The government will provide Enclosures 2, 7, 8 as a word document uploaded separately to FBO. Enclosure 1 will not be provided as a word document as it does not require input/or modification.

28. Pages 46 and 47 of 58 of Amendment 0001, paragraph 4.0 Quality Control Plan lists 5 items directly under the statement: Provisions: The Quality Control Plan (QCP) should include the following:” After the fifth item, it states: “Elements of the Plan: The QC Plan must ensure the enforcement of the required standards for:” and then lists 12 more items. Are all 17 items to be addressed in the quality control plan submitted with the proposal, or only the first five items that are listed? Please clarify. Address all items listed in PWS Paragraph 4.0.

29. Can we schedule a site visit at a different date and time from the site visit posted in the solicitation?

No additional site visits will be scheduled or held.

30. Can we get an extension to submit a proposal? No, proposals are due as stated in solicitation block 8.

31. We are aware that there is the Hawaii state excise tax at 4.5%. Please confirm that the offeror is allowed to add this to our pricing to make sure we have the sufficient funds to cover the tax. Yes, offeror is allowed to add Hawaii state excise tax at 4.5% to their pricing.

32. Will the Government provide a complete Collective Bargaining Agreement (CBA)? Only the Addendum was posted with Amendment 0001. For the contractor to have a complete understanding of the CBA requirements we need the complete CBA. Please see Question #11

33. Will the Government add a CLIN for the Phase-In period? Many tasks are required to be completed during the Phase-In period, as identified in PWS paragraph 3.2, and this effort will cause the incoming Contractor significant expense. No, a separate CLIN for Phase-In period will not be established.

34. Will the Government provide the Contractor with chemical storage space (such as for MSDS items)?

This will allow the contract to save money by utilizing larger volume purchasing. Yes, chemical storage space will be provided.

35. We submitted a question regarding the Contract Management CLIN on 02/11/16 and we would like to elaborate more on the question.

The original question was: Can you provide a separate CLIN for contract management?

Elaboration: If we do not have a separate management CLIN, then we have to spread the cost across 4 dining facilities. In that case, if a building gets shut down for a period of time or the meal unit quantity provided in the Section B does not get fully used, then we cannot recoup the full cost for the daily management. If you will not provide a separate CLIN, please clarify in which CLINS we should allocate the management cost.

A separate CLIN for management will not be added. This is a requirements contract and as you have stated in the question if the facility shuts down, or the unit quantity provided in Section B does not get fully used, then there should not be a need to recoup full cost of daily management since you are not managing all four dining facilities at a full time rate. Management cost should be spread across the 4 dining facilities CLINs.

36. Will there be a storage area to store bulk supplies? Contractor will be able to store bulk paper products in admin office space provided by the Government. However, bulk chemicals/liquids/MSDS items (bleach, sanitizing solutions, etc.) shall be stored at the DFAC. In addition to the storage spaces at NCOA, K Quad, 25th Aviation and C Quad, NCOA has a storage shed, which is shared with the Government.

37. At Bldg. 780 K Quad, Schofield Barracks are both mechanical dishwashers in use at the same time?

Only when there is a high volume of people (e.g. Thanksgiving). The Government will inform the Contractor when there are high volumes of people expected at K Quad.

38. Will Contractor employees be allowed to purchase meals at the DFAC? Yes, at the DOD civilian rate. Contractor employees will also be allowed to bring their own meals. There will be refrigerators assigned to the Contractor.

39. Are the carry-out (grab and go) areas of the DFAC a separate CLIN? No. The carry-out (grab and

go) areas fall under CLIN 0002AA (and corresponding option years) for Bldg. 780 K Quad and CLIN 0004AA (and corresponding option years) for Bldg. 357, C Quad, at Schofield Barracks.

40. Who provides napkins? The Government or the Contractor? Government will provide napkins.

41. At Bldg. 102, 25th Aviation Brigade Wheeler Army Airfield, does the Contractor clean both exterior and interior windows? How often? The Contractor shall be responsible for interior windows. Since this requirement is performance based, the Contractor will perform this function on an as needed basis.

(End of Summary of Changes)