Answers.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 (insert the period of time within which the Contracting Officer may exercise the option).

(End of clause)

The following have been modified:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2012)

(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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

_x__ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(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.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

___ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

____ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

____ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

____ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (11) [Reserved]

____ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

__x__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__x__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Jul 2010) of 52.219-9.

____ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

__x__ (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

____ (ii) Alternate I (June 2003) of 52.219-23.

____ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

__x__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

____ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)).

____ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)).

__x__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__x__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (MAR 2012) (E.O. 3126).

__x__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__x__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

____ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

____ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

____ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

____ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

____ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 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.)

____ (35)(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.)

____ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

____ (ii) Alternate I (Dec 2007) of 52.223-16.

____ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

____(40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (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 (MAR 2012) of 52.225-3.

(iii) Alternate II (MAR 2012) of 52.225-3.

(iv) Alternate III (NOV 2012) of 52.225-3.

(41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

____ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__x__ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

____ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

____ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

____ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (51)(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.

(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.)

___x__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

___x__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__x___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__x___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

_____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

_____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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, 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of clause)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561720 (insert NAICS code).

(2) The small business size standard is _____ (insert size standard).

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations.

(1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that--

(i) It ( ) is, ( ) is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that--

(i) It ( ) is, ( ) is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(8) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: --------.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(c) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern," means a small business concern --

(1) That is at least 51 percent owned by one or more women; in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of provision)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: Wage Determination 2005-2104 Rev. 14; Janitor $11.83, $3.56 Health and Welfare (End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www/acquisition.gov/far

(End of clause)

The following have been deleted:

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been added by full text:

Q&A

QUESTIONS/ANSWERS (Q&A)

SOLICITATION W9133L-13-R-0006

Q. Current staffing information?

Not sure what that means. Staffing of the occupants or staffing of the current Custodial staff?! Please clarify.

Q.

Paragraph 1.1.1 Schedules, references Appendix 1 with Workload

Estimates and Task and Frequency Charts. The Task and Frequency charts are not in the Solicitation. Please provide the applicable Task & Frequency Charts.

Applicable Tasks and Frequency Charts are attached.

Appendix 2, Facility Square Footage Overview lists the square footage per building and floor type, however the square footage total for each building does not add up to the same total as adding all the different floor types. Please clarify the figures listed in Appendix 2.

Appendix 2 is attached and has been reviewed so it should reflect accurate facility numbers at this time.

Q Did the Scope of Work change significantly?

NO. Exception being that all tasks will be performed during normal duty hours of 0600 -1600.

Q.

Can you please clarify what portions of each of the four buildings are in Categories I, II, III, IV and V because Appendix 7 only lists the cleaning standards for Category I facilities. Does this mean that all areas of all 4 buildings are Category I facilities? What is the cleaning frequency of the expected tasks for each category?

Categories I thru V outline the expected level of cleaning services to be provided for all buildings on the ANGRC campus with Category V being the least desirable.

Does this contract call for a green cleaning plan? (AQ)

Reference 1.1.1.4.1

We will be responding to the RFP with an 8(a) firm. We will have an extensive teaming agreement detailing the relationship. We will be the subcontractor, utilizing our past performance as an experienced janitorial/custodial contractor. The teaming arrangement will be approved by the SBA office that provides the 8 (a) certification. Do you foresee any problems with this proposed arrangement. The 8(a) firm, will be the prime contractor and will perform the required percentage of work in accordance with the 8(a) regulations. We would appreciate any comments you may have in terms of this proposed arrangement.

The Prime contractor should be taking the lead in this process.

Is it possible to get a window count for buildings 3500 and 3501?

YES

Would the Government entertain joint venture agreements?

As long as the 8(a) contractor perform 51% of the work.

The solicitation references the Cleaning Industry Management Standard (CIMS) within the body of the solicitation; however it does not note that the party performing the services is required to be CIMS certified. Please confirm that the CIMS standard should be followed, but that the certification is not a requirement to participate in the solicitation.

It preferred that the CIMS certification standards for cleaning be followed it is not a requirement for participation in the solicitation process.

In addition to the below question we would like to request the Appendix 3.

-Maps and Work Area Layouts.

Maps and Work Area Layout are provided.

Q. How many 3-ring binders do we need to submit for the project. Do we submit each Tab A, Tab B and Tab C in a separate 3-ring binders or all 3

Tabs A, B and C need to be submitted in one 3-ring binder?

Submit Tab C (Cost) in a separate 3 ring binder.

Q. For Tab A: Do the charts, Supplemental Materials, Sample of Forms, Resumes provided in Appendix are counted as part of page limit of 75 pages. Yes.

Q. Do we include the Acknowledgment of Amendment in Tab C-Price/Cost?

Where would the government prefer the acknowledgement of Amendment?

Include in Tab C-Price/Cost.

Does the Government has preferred number of references? Is there min and max number of references ANGRC would like?

Three references are preferred.

Do the TAB's / Dividers are considered to be part of 75 page (TAB or 10 page (TAB B) limits?

TABs/Dividers are not included in the page count.

Do Title Page and Table of Contents pages are considered to be part of 75 page (TAB A) or 10 page (TAB B) limits?

No.

Who is the current contractor?

BPA Facility Service Inc.

What is the current monthly contract price?

Calculate using original contract price.

Clarify if the RFP set aside for 8(a) companies or 100% small business?

This is an 8(a) Competitive Acquisition.

Tab A-Tab 3-Section C- says "Labor Relations Program - The offeror shall provide a copy of their Labor Relations Program that includes identification of any Collective Bargaining agreements or contractual agreements in effect. Addressing any grievances within the last three years." Do offerors need to list the current CBA or the contractual agreements they currently have?

Yes.

Q. The due date for questions in Monday January 14th at 10.00 am.

However the Site visit is on January 17th, 2013 at 9:00 am. May we send question on January 17th and/or 18th, 2013. Would you be extending the due date for questions? Due date for questions is 24 January 2013. See Amendment 2 attachment.

The Wage Determination that accompanies the solicitation is dated 6/13/2011 there is a more current revision from June 2012 will that one be the one for this solicitation?

Wage Determination No. 2005-2104, Revision No. 14 (6/13/2012).

Do you still anticipate a February 1 start up?

Start date will be determined by date of contract award.

Can the security clearance be issued after the award or will this make Bestway Services non-compliance during the evaluation process? I am trying to decide if this is a Bid or no bid.

Security Clearance is required prior to contract award.

Are you going to extend the closing date?

Yes. Amendment 3

Are the current employees Unionized? If so please provide a copy of the most recent Collective Bargaining Agreement (CBA) and the most recent Addendum to the CBA. No.

Can you provide the current contract number?

W9133L-08-C-0001.

What is the start and end date of the current contract?

Oct 1, 2007 – Oct 31, 2013.

Is the site visit mandatory? No.

Q.

FAR 52.212.5 lists the contract terms that apply to this opportunity.

None of the FAR clauses pertaining to the Service Contract Act (52.222.41, 52.222.43, 52.222.44) are checked off as applying to this opportunity, nor is the FAR clause 52.222.53, which describes exemptions from the provisions of the Service Contract Act. Further, Wage Determination 2005- 2103, Rev 11 is cited in the section on Statement of Equivalent Rates for Federal Hires, but is explicitly identified as "...not a wage determination.

Subsequently, however, Wage Determination 2005-2103 Rev 11 is included as an attachment, in its entirety, to the RFP. Please clarify whether the referenced wage determination is applicable tothis opportunity, and whether the Service Contract Act does apply, as well. WD 2005-2104 and SCA apply.

Q.

APPENDIX 5 (APPLICABLE PUBLICATIONS AND FORMS) -Q: The form is unavailable. When will appendix 5 be delivered.

Form will not be delivered. Download off of Internet.

Who is the incumbent contractor and is the incumbent contractor eligible to bid on this contract?

BPA Facility Service Inc. is eligible to bid.

Q. If this procurement is, in fact, an SBA 8(a) Competitive

Acquisition, the solicitation appears to be missing several FAR clauses that are required to be included in all SBA 8(a) solicitations/awards.

Specifically:

a. Page 27 of 117: FAR Clause 52.212-5 is for a Commercial

Acquisition, but the solicitation does not indicate whether this is applicable for this particular solicitation/award.

b. FAR 52.219-14, "Limitation on Subcontracting", is applicable for all Small Business Set-Asides, including SBA 8(a) awards, but this section is not appropriately marked as such.

c. Page 33 of 117: FAR Clause 52.217-9: Option to extend the terms of the contract has not been completed.

d. FAR Clause 52.219-1, "Small Business Programs: The procuring Agency is required to complete (a)(1) and (2), to include the appropriate NAICS code and industry size standard.

See Amendment 3

The Period of Performance for the Base Contract Year (CLIN 0001) begins on February 1, 2013 --- just nine days after proposals are due. We believe it is unrealistic to expect any new contractor to be able to safely, effectively and successfully transition into this contract in less than ten days. TO BE DETERMINED.

Page 37 of 117: FAR Clause 52.252-2: Has not been completed by the Agency.

https://www/acquisition.gov/far

Page 62 of 117: FAR Clause 52.219-1: This clause is duplicated.

See Amendment

Page 66 of 117: FAR Clause 52.230-1, "Cost Accounting Standards":

It is not clear to us that this clause is applicable for a FAR Part 12

Commercial Acquisition.

Disregard. See Amendment

Section M - Evaluation Factors": This section appears to be developed for a Construction or A/E type requirement. Is this evaluation approach the most appropriate one for a janitorial contract?

Refer to Section M.

Please clarify the following requirement in the technical proposal submission: "Publications and Forms Management - The offeror shall include a plan for establishing and maintaining publications and forms required by the contract. Use and application of mandatory versus advisory publications and forms. It shall also address how FAA publications will be acquired." What exactly is this in reference to; please provide more information. We would like to request an extension on the due date.

Disregard “It shall also address how FAA publications will be acquired.” See Amendment

Q.

The RFP requires the proposal items to be in Portland format for the restricted 75 and 10 pages. May we submit some charts in landscape format in the Appendices section? Yes. Ensure its legible.

Will you be publishing the list of attendees with contact info?

No.

Verify the subject solicitation proposal must be submitted to:

Ms. Florence Stewart

Contract Specialist

3501 Fetchet Ave

Andrews AFB, Maryland 20762

Proposal Submission Address is as follows:

ATTN: Ms. Florence Stewart-Contract Specialist

National Guard Bureau/NGB-AQ-AF

3501 Fetchet Ave

Shepperd Hall

Joint Base Andrews, MD 20762-5157

NO FURTHER QUESTIONS WILL BE ANSWERED

The following have been modified:

WAGE DETERMINATION

SEE WAGE DECISION NO. 2005-2104, REVISION NO. 14, REVISED 06/13/2012

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been deleted:

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

SECTION L

Section L

Instructions, Conditions and Notices to Offerors 1.

General Instructions.

a. Guidelines

(1) Instructions, Conditions, and Notices to Offerors provide general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The offeror’s proposal must include all data and information requested by the Instructions and must be submitted in accordance with these instructions. The offeror shall address the objectives and the requirements, as stated in the Request For Proposal (RFP). Non-conformance with the Instructions may result in an unfavorable proposal evaluation or proposal rejection.

b. This section of the Instructions provides the instructions offerors shall follow in preparation of the Technical/Management, Past Performance and Cost Proposals. The proposals shall be sufficiently detailed to enable the evaluation team to determine the acceptability of the proposals strictly from the contents. The evaluation team will not assume, nor consider, anything that is not specifically addressed in the proposal. It is incumbent upon the offeror to submit a proposal which is responsive to the requirements of the RFP without excessive detail and which clearly presents the offeror’s capabilities.

c. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. All claimed technical, management and performance capabilities to meet the requirements shall be realistic and are subject to verification by the Government. The proposal should not simply rephrase or restate the government’s requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors should assume that the Government has no prior knowledge of the offeror’s experience, and the Government will base the evaluation solely on the information presented in the offeror’s proposal. If information required for proposal evaluation is not found in the section designated for its presentation, it will be assumed to have been omitted from the proposal.

d. 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 most highly rated proposals. (Reference clause L. 31, FAR 52.215-1, Instructions to Offerors – Competitive Acquisition (Oct 1997).

e. The Government will read and evaluate only the maximum number of pages allowed. Pages submitted in excess of the stated page limits will be returned to the offeror unread.

f. The proposal shall be valid for a period of not less than 120 days from the required submission date. In compliance with FAR 4.8, the Government will retain one copy of all unsuccessful proposals. All extra copies of the proposal will be destroyed by the Government.

2.

General Information

a. Point of Contact. The individuals listed are the sole Points of Contact for this acquisition. Any questions or concerns shall be addressed to:

Ms. Florence P. Stewart

Email: florence.p.stewart2. ctr@mail.mil

Address: Acquisition Contracting Division (NGB-AQ-AF)

3501 Fetchet Avenue

Joint Base Andrews AFB, MD 20762-5157

All inquiries shall be submitted in writing, either by mail or electronic mail to the POC and addresses shown above. Telephone inquiries will receive no response.

b. Preaward Notices.

(1) Preaward notices of exclusion from the competitive range. The contracting officer shall notify offerors in writing when their proposals are excluded from the competitive range or otherwise eliminated from the competition. The notice shall state the basis for the determination and that a proposal revision will not be considered.

c. Debriefings.

(1) Preaward. The contracting officer shall notify unsuccessful offerors at the earliest practicable time that its proposal is no longer eligible for award. All offerors may request debriefings. Offerors desiring debriefings must provide a written request within three calendar days after the Government’s notification. Preaward debriefings shall be in writing and shall include:

(a) The evaluation results of significant elements in the offeror’s proposal.

(b) Summary of the rationale for eliminating the offeror from the competition.

(c) A summary of the procedures contained in the solicitation, applicable regulations and other applicable authorities followed in the process of eliminating the offeror from competition.

(2) Postaward. All offerors may request a debriefing. Offerors desiring a debriefing must provide a written request within three calendar days after receipt of notice of contract award. To the maximum extent practicable, debriefings will be scheduled within five days after receipt of the offeror’s written request.

3.

Proposal Structure and Format

a. Proposal Structure. The proposal shall consist of three (3) separate and distinct parts, Technical/ Management, Past Performance and Cost. Each part shall be in the format and restricted to the content, specified in the following paragraphs. Cost data will appear only in the Cost Proposal. To reduce the proposal size the offeror shall confine its submission to those essential matters, which will define its offer and provide an adequate basis for evaluation. The proposal shall conform to the following guidelines:

b. Offerors shall submit their proposals in a three-ring loose-leaf binder that permits easy removal and reinsertion of material. The proposal shall be tabbed as follows:

Tab A - Technical/Management Proposal

Tab B - Past Performance

Tab C - Cost

(1) Document and paper size: 8 ½” x 11”, no fold-out sheets.

(a) Margins: Top - 1”, Bottom - 1”

Right – 1”, Left – 1.25”

(b) Portrait orientation – all pages, including pages with tables and graphics

(2) Cover.

(a) Text: Volume number and name; contractor name; date

(b) Graphics allowed – offerors option

(c) Font - offerors choice, maximum 24 point

(d) No printing on inside cover

(3) Inside title page, unnumbered

(a) Printed on one side only; right-hand side if double-page spread

(b) Font – Times New Roman, no smaller than 16 point

(4) Table of Contents

Titled – “Contents”

(5) Text of each volume

Printed double-sided (1 side constitutes 1 page)

(b) Font – Times New Roman, 12 point

(6) 3-ring Binder – Proposal shall be submitted in a 3-ring binder.

c. Page Limitations. Total number of pages for the Technical/Management Proposal (Tab A) shall not exceed 75 Pages Tab B – Past Performance – 10 Pages; Tab C – Cost – No limitation. Cost proposal must include Section B, Schedule of Prices, for the base period and each option period. The proposal shall be organized as shown below with Tabs and Sub-Tabs labeled as follows:

Tab A - Technical/Management

Tab 1:

Technical Approach

Tab 2: Staffing Qualifications

a. Staffing Plan

b. Resumes

Tab 3: Management

a. Quality Control Plan

b. Recruitment and Retention Plan

c. Labor Relations Program

d. Duty Schedules

e. Publications and Forms Management

f. Contingency Plan

g. Transistion Plan

h. Compliance Requirements

Tab B – Past Performance

Tab 1: Relevant DOD Experience

Tab 2: Relevant Other Federal, State and Local Government or

Commercial Experience

Tab 3: Past Performance Questionnaires shall be completed by the QAE/COR or CO of that particular contract

Tab C – Price/Cost

Tab 1: Standard Form 33

Tab 2: Section B, Schedule of Prices for Base Period and Option Periods

Tab 3: Section K, Representations and Certifications

d. Number of Copies of Proposal. An Original and 3 Copies of each Proposal shall be submitted. PROPOSAL SUBMITTAL: Proposals must be received at the below address no later than 10 AM on 23 January 2013. Questions regarding this solicitation must be received by 10:00 A.M. on 14 January 2013. Questions must be emailed to Florence.Stewart.ctr@mail.mil 4.

Evaluation Factors and Selection Procedures.

a. The Government intends to make the award selection without discussions. The proposal must be complete and contain the offerors most favorable terms. The proposal shall address and contain the information listed below. Alternate proposals shall not be accepted, nor shall proposals to provide any service or combination of services other than those outlined in the Performance Work Statement (PWS). The information will be used by the Evaluation Board to evaluate and rate each proposal. Offerors are advised that conciseness and relevance of the proposal is important and unrelated information that is not pertinent may reduce evaluation scores. Proposals which provide only superficial coverage of the information required below may not receive additional consideration and may be excluded from the competitive range. Additionally, should the proposal include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the proposal may be determined to be unacceptable and thus ineligible for award.

b. Evaluation Factors:

FACTOR I:

Technical/Management

Subfactor I:

Technical Approach

Subfactor II:

Staffing Qualifications (Elements 1 and 2 are of equal

Importance)

Element 1:

Staffing Plan

Element 2:

Resumes

Subfactor III:

Management (Elements 1-4 are more important than

Elements 5-8) (Elements 1-4 are in descending order

Of importance and Elements 5-8 are of equal importance)

Quality Control Plan

Recruitment and Retention Plan

Element 3:

Labor Relations Program

Element 4:

Duty Schedules

Element 5

Publications and Forms Management

Element 6:

Contingency Plan

Element 7:

Transition Plan

Element 8:

Compliance Requirements

FACTOR I – Subfactor 1 is more important than Subfactors 2 or 3. Subfactor 3 is

More important than Subfactor 2.

FACTOR II

Past Performance

Subfactor 1:

Relevant Experience

Relevant DOD Experience

Relevant other Federal, State and Local Government

Experience or Commercial Experience

Subfactor 2:

Customer Survey Results

FACTOR II – Subfactor 1 and 2 are of equal importance. Element 1 under Subfactor 1 is more important than Element 2.

FACTOR III

Price/Cost

FACTOR I – Technical/Management is significantly more important than FACTOR II – Past Performance. FACTORS I – Technical/Management and II – Past Performance are significantly more important than FACTOR III – Price/Cost.

When combined, the non-cost evaluation factors and subfactors shown above in Factor I, Technical/Management and Factor II, Past Performance, are significantly more important than Factor III, Price/Cost .

c. Award of the contract resulting from this solicitation shall be in accordance with the Evaluation Factors for Award, Section M, of this solicitation. A team of qualified Government personnel shall evaluate and rate proposals submitted in response to this solicitation using the established Evaluation Cirteria. Cost will be evaluated but not rated. The decision of the Government regarding ratings assigned will be final.

5.

Proposal Content

This section of the Instructions provides the instructions offerors shall follow in preparation of the Technical/Management, Past Performance and Cost Proposals. The proposals shall be sufficiently detailed to enable the evaluation team to determine the acceptability of the proposals strictly from the contents.. The evaluation team will not assume, nor consider, anything that is not specifically addressed in the proposal. It is incumbent upon the offeror to submit a proposal which is responsive to the requirements of the RFP without excessive detail and which clearly presents the offeror’s capabilities.

a.

Tab A - Technical/Management Tab 1:

Technical/Approach

The offeror shall provide information relevant to the proposed technical approach and program execution for each requirement outlined in the PWS. The information provided shall demonstrate a clear understanding of all the requirements outlined in the PWS, and the capability to execute all requirements. All sections of the PWS shall be addressed.

Tab 2: Staffing Qualifications – The offeror shall provide a Staffing Plan for the contract and explain how it will ensure requirements are satisfied as well as how additional resources needed for the contract will be obtained and applied and resumes of supervisors and contract managers with the required education, experience and security clearances who will be performing under the contract and available at time of award.

Tab 3: Management

a. Quality Control Plan - The offeror shall provide a Quality Control Plan that describes the project control procedures and a detailed inspection plan identifying each critical task, required frequency of inspection, and the person required to perform the inspection.

b. Recruitment and Retention Plan – The offeror shall provide a Recruitment and Retention Plan that meets the minimum qualifications for new employees and addresses how skill shortages will be dealt with.

c. Labor Relations Program – The offeror shall provide a copy of their Labor Relations Program that includes identification of any Collective Bargaining agreements or contractual agreements in effect. Addressing any grievances within the last three years. Employee hiring practices, termination, company turnover rates, and pay differential between proposed pay scales and existing pay scales.

d. Duty Schedules – The offeror shall provide duty schedules reflecting work shifts and days per week required of this function as well as for training. It also shall indicate anticipated percentage of time supervisory personnel will be required to perform journeyman-level functions, i.e. a working supervisor. It shall identify number of hours on-call/part-time employees will be scheduled for duty. It shall identify on the duty schedule any company time away from actual performance during regular scheduled shifts.

e. Publications and Forms Management – The offeror shall include a plan for establishing and maintaining publications and forms required by the contract. Use and application of mandatory versus advisory publications and forms.

f. Contingency Plan – The offeror shall include a Contingency Plan for providing services during non-duty hours for emergencies, strikes or special events. It shall identify how fully-trained and certified personnel will be acquired in the event of an employee or disaster induced personnel shortage in order to preclude an unacceptable reduction of service.

g. Transition Plan – The offeror shall include a Transition Plan which provides a complete personnel description submission on phase-in and phase-out of management and supervisory personnel, identifies the number and availability of people assigned during phase-in and phase-out, and provides a description of the phase-in…