Q-A_Posting_3_2022-12-16.pdf

Questions and Answers for RFP 47QMCH23R0001

Q&A Posting #1 12/2/2022

GSA Contracting Officers (Michael Sands and Christopher Hardcastle) will list all questions and answers received in response to the subject solicitation. GSA will seek ORR responses to any technical questions and publish Q&As in batches each Friday. If an answer provided is insufficient, or you feel additional clarification is necessary, please submit your follow-up question to the CO in writing.

1. I believe you stated the PWS is the same in the solicitation as it is for the current contractor, MVM. Can you please confirm that the contractor will be responsible to book/arrange ALL transfers and reunification across the network of grantee sites (which includes even the small sites that may release 1-3 youth per week) – meaning that the grantee sites won’t do any booking of flights or escort any UCs for transfers/reunification (If this is the case, this will be a shift in current operations).

a. ORR Response: The ORR requires a national transportation contractor to be responsible to book/arrange ALL transfers and reunification and provide transport within the ORR network. The Contractor shall provide timely ground, air, or water transportation services including booking and transportation operations to transport a UC from an ORR facility to the sponsor and/or between ORR facilities, and/or to facilitate the transfer of UC custody between federal and/or non-federal agencies.

b. ORR Additional Response 12/8/2022: The current contract allows for transportation from ICF, EIS, and LCF (AKA Standard Care Facilities). No shift in current operations.

2. Will GSA be providing historical data on trips?

a. The historical data GSA possesses is being uploaded to SAM.gov as an excel document titled “Historical UCTL Data March 2022-December 2022.”

3. I believe someone asked a question at the Kick-Off event on 11/30/2022 about current contract cost, and I noted a figure of $6,300 that was mentioned by Mr. Hardcastle, but I had originally noted that as a cost per 1000 UCs and it doesn’t seem correct. Can you please confirm the correct figure and units with respect to current contract cost?

a. The current contract (47QMCH22C0001) possesses the following pricing:

CLIN 1: Operations & Infrastructure (FFP), $3,705,256.00 per month, $44,463,072 per year CLIN 2: Escorted UC Transportation (FFP LOE), $6,315,000.00 per 1,000 UC CLIN 3: Unescorted UC Transportation (FFP LOE), $94,725.00 per 20 UC

4. We would like to know if this is a brand new contract OR if there is (was) an incumbent performing these services.

a. M V M Inc. of Ashburn, VA has been performing these services for nearly two years. The current contract number is 47QMCH22C0001, and it expires on March 18, 2023.

Q&A Posting #2 12/9/2022

GSA Contracting Officers (Michael Sands and Christopher Hardcastle) will list all questions and answers received in response to the subject solicitation. GSA will seek ORR responses to any technical questions and publish Q&As in batches each Friday. If an answer provided is insufficient, or you feel additional clarification is necessary, please submit your follow-up question to the CO in writing.

1. Is Award by Sector or Nationwide since Sectors were listed in the RFP?

a. GSA anticipates awarding one contract to a vendor who will be responsible for providing nation-wide transportation of UC.

2. Since CLIN sequence 002, and 003 are FFP LOE, how would the Government like to see the summary detail build up to reflect the LOE? Additionally which volume would this be submitted under? Can the Government please clarify?

a. Per page 78 of the solicitation, pricing does not fall under any of the non-price factor volumes. The only pricing information required is your unit price, extended price, and total total price (blocks 23, 24, and 26) on the SF1449. One completed SF1449 document is sufficient for pricing (no need to submit 2 copies as requested for the non-price factor volumes). We are conducting a price evaluation and do not need to know what cost/price elements are included in the FFP-LOE line items--evaluation is total price only.

3. Are resumes excluded from page count? Would you like them in the Management section, or can we add them as an appendix not included in page count?

a. Yes, resumes are excluded from page counts. Include resumes with your Volume 2 submission in accordance with page 79 of the solicitation. You can list these resumes as appendices to clearly delineate them from the rest of the volume and its associated page count if you'd prefer.

4. Is this solicitation open to all bidders or restricted to GSA contract holders?

a. This opportunity is full and open competition through the open market and is open to all companies to submit a proposal. This opportunity is not tied to any existing contract vehicles (e.g. GSA Schedule).

5. Evaluation considerations 1 SSEB Rating Report. Will the Government please clarify the priority/weight of each of the Volumes (Technical, Management, Past Performance, Price).

a. All non-price factors, when combined, are approximately equal to price (see RFP pages 11 and 94).

6. RE Period of Performance. "March 19, 2022 – March 18, 2023." The CLIN structure lists a Period of Performance of March 2023 to March March 2028. Can the Government please clarify the period of performance?

a. The contract will include a 12-month base period and four 12-month option periods for a total of 5 years.

7. Are any positions subject to SCA regulation?

a. No, this contract is not subject to the Service Contract Labor Standards (SCLS) as it is a transportation contract.

8. Small business utilization, what are the goals for the different categories?

a. A Subcontracting Plan will be required after an award selection has been made and will not factor into evaluations of this contract.

9. Do you plan for teaming purposes, have you considered sharing the attendee list?

a. The government did not track attendance at the Kick-off meeting.

10. Does the government have any data on mode of transportation for past trips made under the current contract? If so, can they provide it?

a. ORR Response: There has been a mixture of Charter Buses, Vans, Commercial Airlines, Charter aircraft used to transport children via the current contract.

11. We have a question about how frequently overnight trips are required, and I think a percentage is a reasonable answer if actual numbers are unavailable.

a. ORR Response: Overnight trips should not be a regular occurrence but instead only if there are travel issues that result in the need for overnight arrangements, such as weather delays or failed reunifications.

12. How many medical transports have been accomplished? Please let us know if you have numbers on total medical transports--can be over any period, so last 6 months, 12 months etc. if lifetime information is not available.

a. ORR Response: We are gathering data on this but transports for this contract should include the ability to transport all children that would not require an official medical transport such an ambulance, medical flight or a medical transportation vehicle of similar capability. The transportation should be able to accommodate any child in a wheelchair or other ADA covered services that would be available to children in the general public. This ordinally should not require specialized medical transport vehicles.

Q&A Posting #3 12/16/2022

Hello UCTL Service Offerors, We have been providing answers to your questions as quickly as possible, but a couple of questions have been coming up repeatedly during our one-on-one meetings and we would like to provide some additional information to hopefully help with your proposal preparation.

The first question deals with the scale of the transportation effort. The solicitation indicates an estimated annual quantity of 96,000 UC transports, and the work statement indicates that ORR anticipates around 8,000 transports per month. During our one-on-one meetings, we have learned that under the current contract, the incumbent contractor is responsible for some, but not all, of the UC transports and reunifications that ORR manages. In speaking with ORR and with offerors who have expressed interest in this solicitation, however, it appears that the contractor who is selected for award of this contract may be responsible for providing all transports for ORR reunifications, which represents a significant increase in the scale of this contract than previous versions. The historical data that we provided–based only on the transports that GSA has seen since March 2022–show a small number of pick up locations for this effort, but based on more recent information, it is important to consider that moving forward the offeror selected for award of this contract will likely need to be ready to pick up UC from any and all of ORR’s network of facilities during performance. GSA is asking ORR to provide these locations as soon as possible.

If you want or need additional time to prepare your proposal as a result of this new information, please contact Michael Sands at michael.sands@gsa.gov as quickly as possible, as the government is willing to extend the closing date to ensure you are able to incorporate this information into your proposals.

The next question has to do with the Service Contract Labor Standards (SCLS), previously known as the Service Contract Act (SCA). As discussed during our initial kick off meeting, the contract resulting from this solicitation is exempt from the SCLS . Our reason for exempting it is due to the nature of the work to be performed under this contract–transportation of people–which we believe meets the exemption requirements of FAR 22.1003-3(c), which exempts “Any contract for transporting freight or personnel by vessel, aircraft, bus, truck, express, railroad, or oil or gas pipeline where published tariff rates are in effect”. In our one-on-one meetings, we have learned that other contracts that interested offerors are either performing under or other transportation requirements that they are supporting have applied the SCLS differently than we have. Some of this may be due to other than GSA agency policy. For example, ORR policy ( which you can access by clicking right here ) stipulates that the SCLS (which it still refers to as the SCA) “standards provisions and procedures found at 29 CFR Part 4, apply to the Unaccompanied Children cooperative agreement grant awards [emphasis added]”. We are uncertain why the ORR policy specifically mentions grants and fails to address contracts, but this policy does not challenge or undermine our decision to exemption our solicitation and resultant contract from the SCLS. The Code of Federal Regulations that the mailto:michael.sands@gsa.gov https://www.acf.hhs.gov/orr/service-contract-act-wage-classifications

ORR policy cites, 29 CFR Part 4, goes into a bit more detail that is included below (you can view the citation in its entirety by clicking right here ):

§4.123(d) talks about transporting mail mostly, but also mentions that types of contracts exempted from all provisions of the Service Contract Act of 1965 include “§4.123(d)(3) - Contracts for the carriage of freight or personnel where such carriage is subject to rates covered by section 10721 of the Interstate Commerce Act.”

Thanks for making it through that. Here is the important part–29 CFR 4.123(e)(1)(iii)(A) ( you can view it right here ) will alert you that the contracting officer determines the applicability of exemptions to the SCLS on or before contract award. 29 CFR 4.123(e)(1)(iv) (it's just 1 paragraph below the last reference) says that “the Administrator”, which basically means the Department of Labor, can determine that the exemptions were inaccurately applied by the contracting officer, and that “corrective procedures” will be followed if that happens. Those procedures are described in 29 CFR 4.5(c) , but the main takeaway is that if DOL determines that the SCLS should apply to this contract, they will mandate that the contracting officer incorporate the appropriate Wage Determinations (WDs) into the contract, and may require “retroactive application of such wage determination”. Should that happen, the contractor would be allowed to request an equitable adjustment based on having to comply with the terms of the WDs.

https://www.ecfr.gov/current/title-29/subtitle-A/part-4 https://www.ecfr.gov/current/title-29/subtitle-A/part-4#p-4.123(e)(1)(iii)(A) https://www.ecfr.gov/current/title-29/subtitle-A/part-4#p-4.123(e)(1)(iii)(A) https://www.ecfr.gov/current/title-29/subtitle-A/part-4#p-4.5(c)

We believe that this solicitation and its resulting contract are appropriately exempted from the SCLS, but if you believe that this solicitation and contract should not be exempt from the SCLS and should include the ~3,000 wage determinations that cover the United States, please let us know where we have erred in our judgment (we are not experts when it comes to tariffs and the interpretation of the Interstate Commerce Act) as quickly as possible so we act accordingly.

Now on to the Q&A…

1. Would it be possible for another kickoff/questions meeting?

a. GSA does not intend to host another kickoff meeting; however, all interested vendors are invited to request 1-on-1 meetings with the GSA Contracting Officer to ask questions and learn more about the requirement.

2. Will the government be willing to give more of a phase-in period such as 90 days? Two weeks is not enough time for any vendor except the incumbent.

a. If the successful offeror is not the incumbent contractor, the government anticipates negotiating a transition plan among the incumbent and awardee. This may result in a short term contract with the incumbent to successfully transition services to the awardee. Dates and duration will be determined after the award selection has been made.

3. Can FAR clause 52.232-12 be utilized with this project?

a. No, the government does not anticipate providing any government financing or authorizing Advance Payments for this effort.

4. Is there a pricing template for RFP, or are we only to use the provided SF1449?

a. Pricing need only be submitted on the 1449. There is no other pricing template.

5. Is there a requirement to use the Government's awarded travel agency?

a. No, the government does not require use of any specific travel agency for bookings and does not possess a travel agency for these types of services.

6. Are we able to use the Government's awarded travel agency for our employee travel for this contract?

a. No, the government does not require use of any specific travel agency for bookings and does not possess a travel agency for these types of services.

7. Are there any fees/expenses to the Contractor for any tickets we are booking with that travel agency?

a. No, the government does not require use of any specific travel agency for bookings and does not possess a travel agency for these types of services.

8. Is 1000 UC per week, is that accurate projected numbers to price since RFP states 8000 UC per month?

a. ORR Response: 8,000 UCs per month.

9. For clarification, all transportation services are from ORR funded facilities and ICF shelters not CBP Temporary Processing Centers?

a. ORR Response: Correct

10. Is there a percentage number of Medically Fragile/Staff Secure UC transportation events that have been historically done or based on past performance?

a. ORR Response: No

11. Is there a percentage number of charter flights previously done by past contractors to use as a method of pricing the correct number? Or will these costs/events be approved as needed? Such as when the need for mass transports from the region to ICF sites?

a. ORR Response: ORR will send the number of children to be moved for transfer or reunification, the Vendor will choose the best way to get this done.

Historically this has been accomplished via a combination of Commercial and Charter flights with other modes of transportation to and from those airports.

12. On the predawn requirement is that scheduled flight time or UC pickup time? Example:

Flight is scheduled for 6 a.m., site is Pecos, which is 1.5 hrs away from airport, UC pickup would be 3 a.m. to review discharge packet and get to airport with enough time to check-in and board.

a. ORR Response: UC Pick-up time.

13. Does the contract allow for Meet and Greet for reunifications or program transfers?

a. ORR Response: Yes, but not exclusively.

14. For Staff Secure transports, does the contract allow for soft restraints by unarmed Licensed Personnel?

a. ORR Response: HARD NO

15. Can the Government please clarify how this procurement relates to the HHS ORR Influx Care Facility IDIQ Transportation Services (Optional)? How are they different?

a. ORR Response: ORR anticipates the transportation contract to be the primary mechanism for the transportation needs. The optional transportation line item, included in the ICF IDIQ, is provided in the event that ORR encounters an emergency situation in which there is a need to execute additional transportation for that specific ICF site.

16. "RE Real-time Tracking. ""The contractor shall maintain an up-to-date (i.e., real-time) and accurate automated record keeping system..."" Our assumption is we are bringing our own software for real-time tracking, how does ORR want to interface with the system

- as a user, a contributor, or receive daily reports we provide. "

a. ORR Response: ORR will need a link to live or at least every-15 minute updates of the vendor's real-time tracking. There is also a need for historical information on all moves completed and canceled. Typically ORR would need Twice daily movement reporting (summary).

17. "RE Real-time Tracking. ""The contractor shall maintain an up-to-date (i.e., real-time) and accurate automated record keeping system..."" If the Government desires users of the real-time system, how many users would it want?"

a. ORR Response: If a solution was created where programs were submitting transportation requests and tracking status directly in the system, there would need to be a large number (hundreds). Depending on the type of link determined in the question above, there would need to be between 0 and about 20 users.

18. "RE Real-time Tracking. ""The contractor shall maintain an up-to-date (i.e., real-time) and accurate automated record keeping system..."" Does the Government want trigger reports of any specific events, as opposed to daily reports?"

a. ORR Response: The Government would want both daily reporting and trigger reports of things that occur out of the ordinary. AN example would be an accident, serious incidents, anything that are not Pick-up, drop off at planned destination and routine route travel without a notable incident.

19. "RE Real-time Tracking. ""The contractor shall maintain an up-to-date (i.e., real-time) and accurate automated record keeping system..."" Are there any challenges you have with the existing real-time tracking system, or features and functionalities that you would like?"

a. ORR Response: A direct relationship between program name and ID in ORR's Portal system and the transportation system; further discussion of the Portal system and overlaps would be useful. A way to link the real-time and historical information to ACF's Tableau system.

20. Key Personnel. With respect to the requirements for the lead project director and alternate project director, would the government accept additional years of experience in lieu of the Master's degree in Transportation Planning, Public Administration, or a related field?

a. ORR Response: No

21. What would GSA or HHS GSA like to see on the next contract iteration? OR What improvements should we be thinking about?

a. ORR Response: Thinking about only this solicitation and no other or previous- Online, live system tracking, real time communication of potential delays and what areas of the country they may impact.

22. "Can the government clarify the 8 hours of flight time, does this time also include plane changes/layovers, unknown airline delays, in the AQL requirement of 8 hours per day?

And will the Government please clarify if those delays due to weather or uncontrollable airline delays are included in the 12 hours of travel?"

a. ORR Response: It is ORR’s stance that 12 hours of travel is 12 hours of travel, even if those hours are sitting in an airport.

23. If the UC is traveling by air, the "Personal hygiene items" that are larger than TSA allowable to keep on person/ carry on.. Is the requirement of possession also including "checked" bags?

a. ORR Response: Majority of children will not have larger than allowable carry-on size items. We work with programs on item size.

24. Can the Government please provide additional details and ratio, historical information for "Special Needs" Transport?

a. ORR Response: We are unable to provide historical information. The special needs transport should not drastically alter required ratios. This is not an ambulance style transport.

25. Will the Government please provide the historic number of UCs transported between 0- 2 years of age, andbetween 2-8 years old?

a. ORR Response: Very few children of this age have been transported with the current vendor (< 1%). However, if the service is extended to other programs, it could be up to about 1% age 0-2 and 6% 2-8.

26. Can the government clarify if the contractor is responsible for providing infant formula and baby food/ snacks for infants that do not eat solid food? If so, can the Government provide a listing of the formula, and brands of acceptable foods for this population?

a. ORR Response: Programs where children are picked up from will provide enough non-solid food (infant formula etc) for travel journey but vendor should have emergency supply on hand in case of delays and other unforeseen events.

27. The 12 hours timeline for staging; is that the length of time to get the UC to their destination or how long they can stay in the staging area?

a. ORR Response: Destination

28. Is there a historical breakdown of how many children are "tender-aged" and how many are not? The amount of staff needed will be affected by this.

a. ORR Response: We can’t provide this data, numbers wildly fluctuate. Historically there are always significantly less tender age children (12 and under).

29. How much notice is the contractor given to transport UC?

a. ORR Response: 48 hours after request received.

30. 5.8 Data and Systems: Does this system need to be online?

a. ORR Response: Yes

31. Are there ever times where we would transfer UCs from the border (as a backup to the other contract), or are all pickups from ORR ICF or residential shelters?

a. ORR Response: The required transportation is to be provided for transfers between ORR’s Shelter network and ICFs.

32. Are UCs covered by government insurance during transport, or will contractors need to cover that?

a. ORR Response: The contractor is required to be insured according to DOT regulations, statutes, and policies.

Questions Outstanding with ORR

1. Can the automated transportation system be that of a subcontractor such as a travel agency?

2. Would there be an opportunity or desire for a demo of our tracking systems?

3. What additional medical requirements will the drivers and/or escorts be required to have, i.e. CPR, First Aid, administer medicals, injections, ect.. can the government please clarify this requirement?

4. Are AED and other equipment required for vehicle transport?

5. "When will the dietary requirement that are outside of the standard (unless otherwise recommended in writing by a licensed physician, certified nurse practitioner, or licensed physician’s assistant for a specific UC), be provided once the request to transport is initiated?"

6. Can the government provide a listing of the current open/operational facilities (cities,states) for pricing purposes. Also does the Government have a list of anticipated cities/states of new locations where UC's may need transport to/from?

7. Is it possible to get the state/city of the 200 facilities and name of the 22 states?