FBODaily.com | FedBizOpps: MOD | X | Warehouse Storage Services - Amendment 1

FBO DAILY - FEDBIZOPPS ISSUE OF NOVEMBER 22, 2013 FBO #4381
MODIFICATION

X -- Warehouse Storage Services - Amendment 1

Notice Date: 11/20/2013
Notice Type: Modification/Amendment
NAICS: 493110 — General Warehousing and Storage
Contracting Office: Department of Homeland Security, Transportation Security Administration, Headquarters TSA, 601 S. 12th Street, TSA-25, 10th Floor, Arlington, Virginia, 20598, United States
ZIP Code: 20598
Solicitation Number: HSTS05-14-Q-RDU004
Point of Contact: Stacey M Walker, Phone: 206-834-2409
E-Mail Address: stacey.walker@tsa.dhs.gov
(stacey.walker@tsa.dhs.gov)
Small Business Set-Aside: Total Small Business
Description: Q&A Document Amendment 00004 SOW - Revised Amendment 00004 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number HSTS05-14-Q-RDU004 is hereby issued as a request for quotes (RFQ) in accordance with FAR Parts 12 and 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-70, effective September 30 2013. This requirement is 100% set-aside for small business concerns. The NAICS code is 493110, and the small business size standard is $25.5 million. The Government reserves the right to make multiple awards. Pricing See attached pricing table 1.0 Contract Administration Data: 1.1 G. 5200.243.001 CONTRACTING OFFICER (CO) (AUG 2013) The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the Contracting Officer. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) In the event, the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The following Primary Contracting Officer is assigned to this contract. Alternate Contracting Officers may be assigned: TSA Contracting Officer: NAME: Stacey Walker PHONE NUMBER: 206.834.2409 EMAIL: Stacey.Walker@dhs.gov 1.2 G.4202.242.002 "SUBMISSION OF INVOICES" (AUG 2013) "SUBMISSION OF INVOICES" (a) Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen). (b) Invoice Submission Method: Invoices may be submitted via facsimile, U.S. Mail, or email. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference: 1) Facsimile number is: 757-413-7314 The facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only. If facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (d) of this clause. 2) [Insert appropriate address/ contact information based on type (i.e. LEO reimbursements, Utilities, Interagency Agreements or All Others). All others is to be used for any not specifically listed] U.S. Mail: LEO Reimbursements: United States Coast Guard Finance Center TSA LEO Reimbursements PO Box 4111 Chesapeake, VA 23327-4111 (Submitted via Markview fax server 757 413-7314) Utilities: United States Coast Guard Finance Center TSA Commercial Utilities PO Box 4144 Chesapeake, VA 23327-4144 Interagency Agreements: United States Coast Guard Finance Center TSA Interagency Agreements PO Box 4111 Chesapeake, VA 23327-4111 (FIN-SMB-IPACTSA@uscg.mil) All others United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111 (FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil) (c) Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer's Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of the invoices. Note for discounts offered: Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty day payment period specified under Prompt Payment requirements; however the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract. Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract. (d) Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means: (1) Via the internet: https://www.fincen.uscg.mil Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week. (2) Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm (e) Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract. (f) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer's Representative. Note for "time-and-material" type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a "time-and-materials" type contract, order, or contract line item: "The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract's specified requirements for the labor category invoiced." (g) Additional Invoice Preparation Instructions for Software Development and/or Hardware. The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.) (h) Frequency of Invoice Submission This area is for the CO to document how often the contractor is allowed to submit invoices. An example is" Invoices shall be submitted on a monthly basis in accordance with the schedule."&emsp; 2.0 Special Contract Requirements: 2.1 H.5200.224.001 DISCLOSURE OF INFORMATION (AUG 2013) Information furnished by the Contractor under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personally-identifiable information must be clearly marked. Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the requirements of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and information and must ensure that all work performed by its Subcontractor(s) shall be under the supervision of the Contractor or the Contractor's employees.2.2 2.2 H.5200.205.001 PUBLICITY AND DISSEMINATION OF CONTRACT INFORMATION (AUG 2013) Publicity releases or commercial advertising in connection with or referring to this contract or effort shall not be made by the Contractor unless prior written approval has been received from the Contracting Officer. The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer. A minimum of five full business days' notice is required for requests made in accordance with this provision. 2.3 H.5200.244.001 INTERRELATIONSHIP OF ASSOCIATE CONTRACTORS (AUG 2013) The TSA may enter into contractual agreements with other Contractors (i.e., "Associate Contractors") in order to fulfill requirements separate from the work to be performed under this contract, yet having a relationship to performance under this contract. It is expected that contractors working under TSA contracts will have to work together under certain conditions in order to achieve a common solution for TSA. The Contractor may be required to coordinate with other such Contractor(s) through the cognizant Contracting Officer (CO) and/or designated representative in providing suitable, non-conflicting technical and/or management interface and in avoidance of duplication of effort. Information on deliverables provided under separate contracts may, at the discretion of the TSA and/or other Government agencies, be provided to such other Contractor(s) for the purpose of such work. Where the Contractor and an associate Contractor fail to agree upon action to be taken in connection with their respective responsibilities, each Contractor shall promptly bring the matters to the attention of the cognizant CO and furnish the Contractor's recommendations for a solution. The Contractor shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of failure of the Contractor and its associate to promptly refer matters to the CO or because of failure to implement CO directions. Where the Contractor and Associate Contractors are required to collaborate to deliver a service; the Government will designate, in writing and prior to the definition of the task, to both Contractors, a "lead Contractor" for the project. In these cases the Associate Contractors shall also be contractually required to coordinate and collaborate with the Contractor. TSA will facilitate the mutual execution of Non-Disclosure Agreements. Compliance with this Special Contract Requirement is included in the contract price and shall not be a basis for equitable adjustment. 2.4 H.5200.237.001 NON-PERSONAL SERVICES (AUG 2013) "Personal services" are those in which contractor personnel would appear to be, in effect, Government employees via the direct supervision and oversight by Government employees. No personal services shall be performed under this contract. No Contractor employee will be directly supervised by a Government employee. All individual Contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor of the Contractor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently Governmental actions as defined by FAR 7.500. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change any contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer. The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this special contract requirement shall limit the Government's rights in any way under any other term of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this special contract requirement shall be included in all subcontracts at any tier. 2.5 H.5200.209.001 CONTRACTOR RESPONSIBILITIES (AUG 2013) The Contractor shall provide all management, administrative, clerical, and supervisory functions required for the effective and efficient performance of this contract. The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to another Federal statutory authority. A smooth and orderly transition between the Contractor and a predecessor or successor Contractor is necessary to ensure minimum disruption to vital Government business. The Contractor shall cooperate fully in the transition. The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. The Contractor shall not: • Discuss with unauthorized persons any information obtained in the performance of work under this contract. • Conduct business not directly related to this contract on Government premises. • Use computer systems and/or other Government facilities for company or personal business other than work related; or • Recruit on Government premises or otherwise act to disrupt official Government business. 2.6 H.5200.203.001 QUALIFICATIONS OF EMPLOYEES (AUG 2013) The Contracting Officer may require dismissal from work under this contract and/or removal of access to government facilities, property, information and/or information systems of those employees which the Contracting Officer deems contrary to the public interest or inconsistent with the best interest of national security. 2.7 H.5200.209.002 NON-DISCLOSURE AGREEMENTS (AUG 2013) Non-Disclosure Agreements are required to be signed by all Contractor personnel when their role requires them to come into contact with Sensitive But Unclassified, Government procurement sensitive information, and/or other sensitive information, or proprietary business information from other Contractors (e.g., cost data, plans, and strategies). The recipient certifies in writing that they will take the necessary steps to prevent the unauthorized disclosure and use of information. The Contracting Officer will provide the prescribed non-disclosure forms as necessary to the Contractor when circumstances warrant. 2.8 H.5200.237.002 OBSERVANCE OF LEGAL HOLIDAYS, OTHER ABSENCES, AND NECESSARY CONTRACT PERFORMANCE OFFSITE (AUG 2013) The Government observes the following holidays: New Year's Day Martin Luther King Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day Inauguration Day (Washington, DC metropolitan area) In addition to the days designated as holidays, the Government observes also the following days: • Any other day designated by Federal Statute, and • Any other day designated by Executive Order, and • Any other day designated by President's Proclamation, such as extreme weather conditions. When the Government grants excused absence to its employees in a specific location, assigned Contractor personnel at that same location may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the Contracting Officer's Technical Representative. Observance of such holidays by Government personnel shall not be a reason for the Contractor to request an extension of the period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor's personnel work during the holiday or other excused absences, they may be compensated by the Contractor, however, no form of holiday or other premium compensation will be considered either as a direct or indirect cost, other than their normal compensation for the time worked. For cost reimbursable and time and material (T&M) contracts, the government will only consider as direct and/or indirect costs those efforts actually performed during the holiday or excused absences in the event contractor personnel are not dismissed. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract. Otherwise, the management responsibility for contractor functions approved by the Contracting Officer for offsite work, in the event of inaccessibility of federal workplaces are the sole responsibility of the contractor. The contractor may propose telework or other solutions when critical work is required, however, the Contractor is solely responsible for any cost differential in performance, all liabilities that may be due to performance at an alternate location and all resources necessary to complete such performance. In the event of an actual emergency, the Contracting Officer may direct the contractor to change work hours or locations or institute tele-work, utilize personal protective equipment or other mandated items.. 2.9 H.5200.205.002 ADVERTISING OF AWARD (AUG 2013) The contractor shall not refer to contract awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. 2.10 H.5200.204.001 MAJOR BREACH OF SAFETY OR SECURITY (AUG 2013) (a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. Safety is essential to TSA and compliance with safety standards and practices is a material part of this contract. A major breach of safety may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of safety must be related directly to the work on the agreement. A major breach of safety is an act or omission of the Contractor that consists of an accident, incident, or exposure resulting in a fatality, serious injury, or mission failure; or in damage to equipment or property equal to or greater than $1 million; or in any "willful" or "repeat" violation cited by the Occupational Safety and Health Administration (OSHA) or by a state agency operating under an OSHA approved plan. (b) Security is the condition of safeguarding against espionage, sabotage, crime (including computer crime), or attack. A major breach of security may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of security may occur on or off Government installations, but must be related directly to the work on the agreement. A major breach of security is an act or omission by the Contractor that results in compromise of classified information or sensitive security information or sensitive but unclassified information, including contractor proprietary information, illegal technology transfer, workplace violence resulting in criminal conviction, sabotage, compromise or denial of information technology services, equipment or property damage from vandalism greater than $250,000, or theft greater than $250,000. NOTE: Breach of Security for the purposes of this definition should not be confused with breach of security in screening operations. (c) In the event of a major breach of safety or security, the Contractor shall report the breach to the Contracting Officer. If directed by the Contracting Officer, the Contractor shall conduct its own investigation and report the results to the Government. The Contractor shall cooperate with the Government investigation, if conducted. 2.11 H.5200.237.004 CONTRACTOR STAFF TRAINING (AUG 2013) The contractor shall provide fully trained and experienced personnel. Training of contractor personnel shall be performed by the contractor at its expense, except as directed by the Government through written authorization by the Contracting Officer to meet special requirements peculiar to the contract. Training includes attendance at seminars, symposia or user group conferences. Training will not be authorized for the purpose of keeping contractor personnel abreast of advances in the state-of-the-art or for training contractor employees on equipment, computer languages and computer operating systems that are available on the commercial market or required by a contract. This includes training to obtain or increase proficiency in word processing, spreadsheets, presentations, and electronic mail. 2.12 H.5200.209.003 EMPLOYEE TERMINATION (AUG 2013) The contractor shall notify the Contracting Officer and the Contracting Officer's Technical Representative within 48 hours when an employee performing work under this contract who has been granted access to government information, information systems, property, or government facilities access terminates employment, no longer is assigned to the contract, or no longer requires such access. The contractor shall be responsible for returning, or ensuring that employees return, all DHS/TSA -issued contractor/employee identification, all other TSA or DHS property, and any security access cards to Government offices issued by a landlord of commercial space. 2.13 H.5200.203.002 STANDARDS OF CONDUCT AND RESTRICTIONS (AUG 2013) The contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. Personnel performing work under this contract shall not: a) Solicit new business while performing work under the contract; b) Conduct business other than that which is covered by this contract during periods paid by the Government; c) Conduct business not directly related to this contract on Government premises; d) Use Government computer systems or networks, and/or other Government facilities for company or personal business; e) Recruit on Government premises or otherwise act to disrupt official Government business. 2.14 H.5200.237.005 NOTIFICATION OF PERSONNEL CHANGES (AUG 2013) The Contractor shall notify the Contracting Officer's Technical Representative (COR) in writing of any changes needed in building, information systems, or other information access requirements for its employees in order to meet contract requirements not later than one day after any personnel changes occur. This includes name changes, resignations, terminations, and transfers to other Contractors. The Contractor shall provide the following information to the COR: full name, social security number, effective date, and reason for change. 2.15 H.5200.237.006 SUBSTITUTION OF KEY PERSONNEL (AUG 2013) The Contractor shall notify the Contracting Officer (CO) and the Contracting Officer's Technical Representative (COR) prior to making any changes in Key Personnel. No changes in Key Personnel will be made unless the Contractor can demonstrate that the qualifications of prospective replacement personnel are equal to or better than the qualifications of the Key Personnel being replaced or otherwise meet the standards applicable in the contract. All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The CO shall be notified in writing of any proposed substitution at least fifteen (15) days, or forty-five (45) days if either a background investigation for building or information system access and/or a security clearance (due to classified contract requirements that relate specifically to personnel) must be obtained to meet the contract's requirements, in advance of the proposed substitution. Such notification from the contractor shall include: (a) an explanation of the circumstances necessitating the substitution; (b) a complete resume of the proposed substitute; and (c) any other information requested by the CO to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award. The CO and COR will evaluate substitution requests and promptly notify the Contractor of his/her approval or disapproval in writing. All disapprovals will require resubmission of another substitution within 15 calendar days by the Contractor. 2.16 H.5200.222.001 "INSTRUCTIONS TO CONTRACTOR REGARDING NON-DISPLACEMENT OF QUALIFIED WORKERS UNDER SERVICE CONTRACT ACT-AFFECTED CONTRACTS." (AUG 2013) (1) Background: Service contracts and subcontracts with employees who are specifically covered by the Service Contract Act subject to requirements in FAR Subpart 22.12-Nondisplacement of Qualified Workers Under Service Contracts. Applicability. FAR 52.222-17, "Nondisplacement of Qualified Workers" takes precedence, if there should be any conflict with any information in this specific contract term. (A)(i)This requires successor contractors under a newly-awarded contract to offer employment on a first right of refusal to Service Contract Act-covered employees under a current contract that includes FAR 52.222-17. When a service contract (which is any contract or subcontract for services entered into by the Federal Government or its contractors that is covered in whole or in part concerning its requirement by the McNamara-O'Hara Service Contract Act of 1965, as amended, and its implementing regulations) succeeds a contract for performance of the same or similar services, at the same location, the successor contractor and its subcontractors are required to offer those service employees that are employed under the predecessor contract, and whose employment will be terminated as a result of the award of the successor contract, a right of first refusal of employment under the contract in positions for which they are qualified. Executive Order 13495 prohibits employment openings under the successor contract until such right of first refusal has been provided. (ii) Method of job offer. The successor contractor shall make job offers to current contract employees (who are covered by the Service Contract Act) as specified herein. The current contract is held by: (CONTRACTING OFFICER; INSERT NAME OF CURRENT CONTRACTOR, CONTRACT NUMBER, and OFFICIAL CONTRACTOR BUSINESS/MAILING ADDRESS). A job offer made by a successor contractor must be a bona fide express offer of employment on the contract. Each bona fide express offer made to a qualified service employee on the predecessor contract must have a stated time limit of not less than ten (10) days for an employee response. Prior to the expiration of the 10-day period, the contractor is prohibited from offering employment on the contract to any other person, subject to the exceptions at FAR 22.1203-5. Any question concerning an employee's qualifications shall be decided based upon the individual's education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and a contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495. An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (iii)Exceptions to Job Offer requirements. (a) A successor contractor or its subcontractors are not required to offer employment to any service employee of the predecessor contractor who (1) Will be retained by the predecessor contractor. (2) The successor contractor or any of its subcontractors reasonably believes, based on the particular service employee's past performance, has failed to perform suitably on the job. (See 29 CFR 9.12(c)(4) for regulatory provisions addressing circumstances in which this exception would or would not be appropriate.) (b) A successor contractor or its subcontractors may employ under the contract any of its current service employees who (1) have worked for the successor contractor or its subcontractors for at least three months immediately preceding the commencement of the successor contract, and (2) would otherwise face lay-off or discharge. (c) The successor contractor bears the responsibility of demonstrating the appropriateness of claiming any of the preceding exceptions and the exemption listed at FAR 22.1203-2(a)(5) involving nonfederal work and must provide notice of such with its proposal to the Government. (B)(i) The predecessor contractor is required to furnish to the contracting officer a certified list of the names of all service employees working under the contract and its subcontracts at the time the list is submitted. The certified service employee lists must be provided not less than thirty (30) days before completion of the contract. The certified list must also contain anniversary dates of employment of each service employee under the contract and subcontracts for services. The information on this list is the same as that on the seniority list required by paragraph (n) of the clause at FAR 52.222-41, "Service Contract Act of 1965." If there are no changes to the workforce before the predecessor contract is completed, then the predecessor contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of FAR 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor contractor shall submit a revised certified list not less than ten (10) days prior to performance completion. The Contractor shall submit such list to: CONTRACTING OFFICER FILL IN ADDRESS. (b) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer will provide the certified service employee list to the successor contractor. (ii) Contractor Notification Service Employees. (a) The predecessor contractor shall provide written notice, the same or substantially the same as the model notice provided under Appendix B of Title 29, Code of Federal Regulations, Chapter 9 to service employees of their possible right to an offer of employment with the successor contractor. The written notice shall be (1) Posted in a conspicuous place at the worksite; or (2) Delivered to the service employees individually. If such delivery is via e-mail, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice. (2) Enforcement methods. Contractors are hereby notified that all specified enforcement methods to ensure contractor compliance with these requirements may be applied at the discretion of the Contracting Officer and as such may be specified under direction from the U.S. Department of Labor. (End of special contract requirement) 3.0 FAR Contract Clauses: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Sept 2013) (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)). (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: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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). (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). (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). (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) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (48) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). (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: (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (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.). Employee Class Monetary wage- Fringe Benefits 1640 $23.64 (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). 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 calendar days prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days 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 36 months. (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 address: www.acquisition.gov/far 52.212-4 Contract Terms and Conditions-Commercial Items (SEPT 2013) (No addenda are attached) (End of clause) 4.0 FAR Contract Provisions: 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more provisions 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 address: www.acquisition.gov/far 52.212-1 Instructions to Offerors-Commercial (JUL 2013) (No addenda are attached) 52.217-5 Evaluation of Options (JULY 1990) Offerors are required to include a completed copy of the provision at FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (AUG 2013), with its quotation. The offeror shall complete only paragraph (b) if the offeror has completed the annual representations and certifications electronically at http://www.acquisition.gov. If the offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. 5.0 Instructions to offerors Contractors shall submit pricing for the base and option period along with sufficient detail for the Government to determine conformance with the sow outlined herein. The contractor shall provide their physical address in order for the Government to verify that the distance meets the requirement of 15 miles or less. The contractor shall confirm that their facility complies with the bin capacity and the temperature control requirements outlined in the SOW. Questions regarding this Request for Quotation (RFQ) shall be submitted via email to Stacey.Walker@dhs.gov no later than November 8, 2013 with "Question - HSTS05-14-Q-RDU004" in the subject line. Quotations shall be submitted via email to Stacey.Walker@dhs.gov no later than November 13, 2013 at 1:00pm PST. 6.0 Evaluation factors for award FAR 52.212-2 Evaluation - Commercial Items (JAN 1999) The Government will award a contract resulting from this solicitation to the responsible contractor on the basis of the lowest evaluated price of quotations meeting or exceeding the acceptability standards for non-price factors. The following factors shall be used to evaluate offerors: Technical Acceptability - ability to provide all services outline in the Statement of Work. 1) temperature control 2) bin capacity 3) distance (15 miles or less) Price Options. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the options.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/TSA/HQTSA/HSTS05-14-Q-RDU004/listing.html)
Place of Performance: Address: Raleigh Durham International Airport, NC, Raleigh, North Carolina, 27623, United States; Zip Code: 27623
Record: SN03237959-W 20131122/131120234618-14e4585ba0891937d91cd1ea23567a92 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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