Q-A_Posting_9_2023-02-10.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).

b. ORR Updated response 1/27/2023: Programs need an interface to request transportation and monitor the transportation schedule, pickup, and completion. ORR will need access to raw data of movements completed (maintaining history), canceled, and pending (live or at least every-15-minute updates of the vendor's real-time tracking). They also need a dashboard to provide summaries of real-time recent and upcoming transports. ORR leadership typically requires twice daily high-level movement report summaries. The method that all of this is done has not been determined.

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).

b. ORR Revised Response 1/12/2023: Historically there are always significantly less tender age children (12 and under), and the percentage varies. In CY22 15% of the reunifications and transfers were tender age.

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

a. ORR Revised Response 1/12/2023: The contractor has 48 hours after request received to pick up the child for transport.

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.

b. ORR Revised Response 1/12/2023: All pickups are from ORR’s licensed programs 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.

Q&A Posting #4 12/30/2022

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

a. ORR Response: Yes

2. 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?

a. ORR is currently working on additional language for inclusion in the PWS.

Once completed, we will amend the solicitation to revise the PWS. Draft language for this portion of the revision is provided below—and open for comment/question:

Infection prevention: The contractor must develop and implement appropriate infection prevention policies and procedures in line with ORR guidance, including ensuring appropriate

PPE.

1. Child welfare & supervision:

1. The contractor must ensure adequate escort personnel for line-of-site visual supervision of UC at all times, in line with ORR staffing ratios

2. Transportation vehicles must be equipped with appropriate safety restraints (e.g.

seat-belts, booster seats, car seats) and escort staff must be trained to ensure UC are wearing/using them appropriately

3. Escort personnel must be trained to monitor UC well-being and provide meals, drinks, snacks & recreation breaks at age- appropriate intervals

2. Medical Emergencies:

1. The contractor must develop emergency medical policies and procedures outlining staff roles and responsibilities in the event of a life-threatening incident

2. Each bus should be equipped with a standard first aid kit and working AED which must be checked regularly to ensure adequate supplies and battery charge as per protocols

3. Bus drivers and escort staff need to have first aid training & CPR training (including AED)

3. Medication management:

1. The contractor must develop and implement policies and procedures regarding medication administration, storage, and handling, in accordance with the ORR medication management section of the UAC policy guide

2. Escort personnel must be trained to administer prescribed medications as directed in a written plan of care from a medical provider

3. Children prescribed rescue medications must travel with a written emergency plan. These can be standard written protocols for certain common situations. Examples of rescue medications that would require an emergency plan include, but are not limited to:

● Asthma rescue inhalers

● Epinephrine injection for anaphylaxis

● Seizure rescue medications

4. All medications that are given must be documented and this documentation must be provided at every transition of care

4. Emergency Preparedness:

1. The contractor must ensure staff have reliable communication with appropriate back-ups (ex. radio system) in place in case of areas of low cell-signal or unforeseen emergency situations

2. For inter-state or long-duration travel, the contractor must have adequate water, food, and basic supplies available to meet UC & staff needs in the event of a severe weather event or other emergency situation.

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

a. ORR Response: Yes and any DOT requirements for Vehicle type (see previous answer for details)

4. When will the dietary requirements 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?

a. ORR Response: Yes, should be provided at the time of request to transport the child.

5. We have reviewed the Government’s latest Q&A posting #3. As we digest the new information regarding potential pick up sites, we respectfully request an extension to the submission deadline that allows a reasonable period of time for offerors to prepare responses once ORR can provide a list of the potential pick up locations and volumes from each location. We believe this will be important for all offerors to understand.

a. The government has received more than one request for an extension on the solicitation response date, and will be extending the response date by 2 weeks in an upcoming solicitation amendment.

6. Can the Government clarify its intent related to CLINS X002 and X003 related to the blocks being purchased: Does the 1,000 number (or 20, for X003) indicate individual trips or individual UCs (who each may take multiple trips)? In other words, if an individual UC is first transported from an EIS to an ICF, and then a month later transported from the ICF to an airport for a reunification, does that count as two trips against the 1,000, or just one UC? If it is all counted as “transport for one UC”, is there any available information regarding the average number of trips taken by each UC?

a. The 1,000 number includes individual trips per UC. Each UC trip will be counted individually.

7. The SF-1449 does not provide a transition/start-up Clin. Is the contractor to build any start up costs into the first period of performance? How long is the transition/start up period between contract award and full performance?

a. The government anticipates that transition between the incumbent contractor and an incoming awardee will exceed the current contract’s Period of Performance, and that sole source contracts will be needed to allow for this transition. The duration of those contracts will be determined following the award decision for this effort—and after the new awardee and incumbent determine how that transition will proceed in coordination with the government. With respect to pricing, the government cannot advise an offeror on how to price their first Period of Performance (we assume this means the first 12 month base period of the resultant contract).

b. The government will work with both the incumbent contractor and incoming awardee to determine the duration of any transition following the award decision for this action. Transition will not be evaluated for the award decision on this action.

8. The SF-1449 indicates a quantity of 96 for CLIN xxx2 with a description that the pricing should be for transporting 1000 UC’s. Does the 96 represent the estimated volume of 96,000 UC’s for the performance period?

a. Yes, each quantity represents transporting 1,000 UC, and the government is estimating 96,000 UC will require transport under this contract annually.

9. For CLIN xxx3, the estimated quantity is 20, however, the CLIN description does not indicate how many UC’s might be involved in each transport. Is 20 the total number of UC’s anticipated to be transported during the performance period?

a. The quantity of 20 represents 20 individual UC trips (unescorted). This CLIN has never been used and may never be used throughout the life of the contract. If used, it is at the contractor’s discretion as to how many UC are moved in a single transport. The nominal amount of 20 has been used because ORR wishes to have the ability to utilize this CLIN if needed in the future.

10. No CLIN exists for airline ticket reimbursement. With uncertainty of requirements for air transport, and the constant fluctuations in ticket prices, including this element of cost in the contractor’s monthly fixed price CLIN “xxxx1” provides an advantage to the incumbent contractor as no data has been provided that indicates whether transports performed required airline tickets. Will the Government include a CLIN for airline ticket reimbursement with a NTE ceiling to level the playing field?

a. This is not a cost reimbursement contract, and the government does not have the administrative resources to allow for administration of cost reimbursable line items. With respect to any advantage the incumbent contractor has, we would recommend reviewing GAO’s decision Richen Management, LLC, B-406750, B-406850 (July 31, 2012) . Most important for this answer is:

As a general rule, a procuring agency must give sufficient detail in a solicitation to enable bidders to compete intelligently and on a relatively equal basis. AirTrak Travel et al., B-292101 et al., June 30, 2003, 2003 CPD ¶ 117 at 13; Service Technicians, Inc., B-249329.2, Nov. 12, 1992, 92-2 CPD ¶ 342 at 2. Specifications must be free from ambiguity and describe the minimum needs of the procuring activity accurately. However there is no legal requirement that a competition be based on specifications drafted in such detail as to eliminate completely any risk for the contractor or that the procuring agency remove all uncertainty from the mind of every prospective offeror. American Contract Servs., Inc., B-256196.2, B-256196.3, June 2, 1994, 94-1 CPD ¶ 342 at 2. In this regard, proposals for service contracts, by their very nature, often require the computation of prices based on visual inspections, and the presence of some element of risk does not mean that fair competition is precluded or that a solicitation is improper. Ronald E. Borello, B-232609, Jan. 11, 1989, 89-1 CPD ¶ 28 at 3-4.

The government is endeavoring to provide as much information as possible to allow every offeror to compete intelligently and on a relatively equal basis on this requirement, but will not change the contract type to a cost reimbursable contract due to any perceived advantage the incumbent contractor may have in pricing.

https://www.gao.gov/products/b-406750%2Cb-406850 https://www.gao.gov/products/b-406750%2Cb-406850

11. In 2019, ICE issued an RFP for UC transportation (RFP 70CDCR19R00000006).

Apparently this RFP is NOT a follow-on contract?

a. No—the requiring activity for this action is the Office of Refugee Resettlement, a program within the Department of Health and Human Services. ICE, or Immigration and Customs Enforcement is a law enforcement agency under the Department of Homeland Security. These actions are not related in any way.

The ICE RFP from 2019 included CLINs that were radically different from the ORR set of planned CLINs. CLINs were:

a.

12. This CLIN structure provided contractors with a viable cost structure upon which to calculate costs. Will the Government consider using CLINs such as those above?

a. No, the government intends to use the Contract Line Items presently included in the solicitation. During our kickoff event, the government explained that one of the reasons for the use of the Firm Fixed Price – Level of Effort contract line items is due to the operational tempo of this requirement and constrained resources with respect to contract administration, and the Contract Line Item structure provided above was likely selected by ICE in a similar manner consistent to their own operational requirements and constraints.

13. Can a name redacted employee roster that provides a contract hire date be provided to enable bidders to accurately calculate vacation requirements be provided?

a. This information cannot be provided by the government as it is the property of the current incumbent contractor. Additionally, the contract resulting from this solicitation is exempt from the Service Contract Labor Standards, including the requirements for vacation fringe benefits.

14. If a name redacted employee roster cannot be provided, can ORR specify that entry level vacation hours (80) be bid for all proposed staff in order to provide a level basis for bidding this entitlement?

a. The government cannot direct a contractor in the management of its operations, particularly with respect to its employees and their compensation.

15. Due to the nationwide nature of this contract, would multiple contracts (for example divided by Regions in PWS) be a better approach to leverage the advantage of contractors with a specific geographic presence?

a. Several different contract types were considered during the government’s acquisition planning, including awarding multiple contracts. There are a number of reasons that a multiple award strategy was not pursued, but the primary reason was that the government does not possess the resources required to manage multiple awards in support of this requirement.

16. Add some pages to the Technical section. With many more points of trip origin and a very different overall scope and approach needed, it would be very helpful to bidders to have maybe another 10 pages allowed. There’s a lot more to explain and discuss.

a. The government will allow an additional 10 pages, and will include this in an upcoming solicitation amendment.

17. Allow for an Executive Summary of maybe 3 pages? It would allow a clear overview of a bidder’s approach that would probably be helpful to evaluators.

a. As each evaluator will be required to review each offeror’s proposal in its entirety as a matter of the evaluation process, a summary is not necessary.

Q&A Posting #5 1/13/2023

1. Can the Government confirm that, in reference to the list of destinations previously shared, for each international airport listed the termination point of that transport is, in fact, the airport itself and not a subsequent destination somewhere else in the region?

In other words, for each airport destination listed, is there a need for additional transport (rental car, charter bus, etc.) to be waiting at the airport, or can the escorted UCs walk from the terminal to the reunification point?

a. ORR Response: The airport is not always the final reunification point. Sometimes an alternate location is coordinated with the sponsor and would require additional transport (like a rental car) from the airport.

2. With respect to the historical data provided, and if an airline ticket reimbursable CLIN is not provided, can the Government provide data with respect to the number of transports that were conducted by air and by ground in the 9 month period represented in the historical data attachment? The attachment indicates that 48,978 UC’s were picked up during the historical period. Can the government provide data on the number of airline tickets purchased for this lot of 48,978 people?

a. ORR Response: For CY22 there were 55,581 movements; 53% of them were commercial flights. The number of total tickets would depend on the number of escorts needed.

Q&A Posting #6 1/20/2023

1. Volume 3: Past Performance – In addition to the required information in Vol 3 may offerors provide a copy of the CPAR report for references within the Volume?

a. Offerors may reference a CPAR by contract number which is associated with each past performance contract reference submission. Do not provide a copy of the entire CPAR. The CO will obtain and consider those reports, in addition to any other report found in CPARS, for their submission (second portion of the Past Performance evaluation process found on page 88 of the RFP) to the evaluators as part of the evaluation for Volume 3 - Past Performance.

Q&A Posting #7 1/27/2023

1. 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?

a. ORR Response: Current programs/locations are listed below. We do not have a list of potential new locations.

Program State Program City

Count of Program Name

Sum of UC in care (20230117)

AZ Avondale 2 19

AZ Benson 1 15

AZ Glendale 1 47

AZ Mesa 6 273

AZ Oracle 1 37

AZ Phoenix 6 216

AZ Queen Creek 1 49

AZ Tucson 3 154

AZ Youngtown 1 82

CA Azusa 1 2

CA Chatsworth 1 2

CA Colton 1 12

CA El Cajon 1 35

CA El Monte 1 5

CA Fullerton 2 91

CA La Verne 1 61

CA LaVerne 1 17

CA Los Angeles 1 6

CA Modesto 1 8

CA Ontario 2 26

CA Pasadena 1 2

CA Pleasant Hill 1 15

CA

Rancho Cucamonga 1 10

CA Riverside 2 13

CA West Covina 1 1

CO Westminster 1 9

CT Mystic 1 5

CT New Haven 1 6

CT Washington 1 3

FL Deltona 1 12

FL Gainesville 1 7

FL Greenville 1 12

FL Lake Worth 1 59

FL Miami 1 38

FL Opa Locke 1 85

FL Safety Harbor 1 31

FL Sarasota 1 19

FL Tampa 1 18

GA Atlanta 2 14

GA Ellenwood 1 1

GA Suwanee 1 14

IL Bartlett 1 3

IL Chicago 5 64

IL Des Plaines 2 13

IL Gurnee 1 1

IL Urbana 1 10

IN East Chicago 1 9

IN Indianapolis 1 3

KS Topeka 1 45

KY Owensboro 1 4

MA Rutland 1 3

MA Worcester 1 14

MD Baltimore 3 13

MD Crofton 1 19

MI Alma 1 11

MI Grand Rapids 4 44

MI Holland 1 4

MI Kalamazoo 1 5

MI Mason 1 2

MI Muskegon 1 2

MI Paw Paw 1 3

MI Wyoming 1 4

MI (blank) 1 5

NC Charlotte 1 9

NJ Burlington 1 3

NJ Camden 1 10

NJ Northfield 1 6

NJ Township 1 3

NJ Voorhees 1 3

NJ Woodbury 1 7

NY Bronx 8 233

NY Canaan 1 28

NY Dobbs Ferry 2 10

NY Ferry 1 69

NY Irvington 1 40

NY Kingston 1 8

NY Lincolndale 1 25

NY New York 3 55

NY Poughkeepsie 2 58

NY Rochester 1 8

NY Syosset 2 42

NY Yonkers 2 47

OR Portland 2 17

PA Bethlehem 1 8

PA Havertown 1 5

PA Mechanicsburg 1 9

PA Moon Township 1 11

PA Philadelphia 1 1

PA Pittsburgh 3 39

PA Reading 1 3

PA Womelsdorf 1 6

SC Columbia 1 3

SC Pending 1 10

TN Nashville 1 6

TN Smyrna 1 3

TX Alamo 1 19

TX Baytown 1 74

TX Brownsville 5 697

TX Canutillo 1 88

TX Channelview 1 82

TX Clint 1 72

TX Corpus Christi 2 48

TX El Paso 7 414

TX Fort Worth 1 4

TX Grand Prairie 1 18

TX Harlingen 2 171

TX Houston 7 469

TX La Feria 1 8

TX Los Fresnos 4 393

TX Manvel 1 2

TX McAllen 3 145

TX Pecos 1 149

TX Raymondville 2 92

TX Robstown 1 94

TX San Antonio 9 261

TX San Benito 4 277

TX Victoria 1 13

TX Waco 1 2

TX Wallis 1 7

TX Welasco 1 12

VA Bristow 3 74

VA Cross Junction 1 6

VA Richmond 1 5

VA Staunton 1 7

WA North Renton 2 13

WA Renton 1 3

WA Seattle 1 5

WA Tacoma 2 13

WV Martinsburg 2 16

2. The ICE RFP also provided more quantitative data, albeit estimates:

“ICE estimates that approximately 45,000 UAC will be transported per year including:

88% air transportation, 12% ground transportation. ICE estimates that approximately 15,000 family units or more will be transported per year: 92% commercial or charter air and 8% local ground transportation. UAC and FAMU apprehensions have increased each fiscal year (FY).” Do the estimates for air transport at 88% and ground transport at 12% hold true for the ORR RFP?

a. ORR Response: For CY22, 80% of the transports were by air and 20% were by ground.

3. PWS Para 5.1.1 states: “In general, ground transport shall be used for short distance trips (up to 12 hours unless otherwise approved by the COR)”. What is the ground transport mileage equivalent to 12 hours? (e.g., is 12 hours equal to 500 miles, 600 miles?)

a. ORR Response: The range of mileage in a 12-hour period will vary depending on the speed limit allowed on the roads. Roads and highways may allow vehicles to drive at 45 mph, others may allow 75 mph. Therefore, there is no way to estimate a mileage equivalent.

4. PWS Par 5.1.1 also states: “Commercial air flights are the preferred method of transport for long-distance trips (defined as any trip exceeding 12 hours unless otherwise approved by the COR)”. A 600 mile flight might take 2-3 hours; would this still be the preferred method due to the length of time ground transport would take for the same trip?

a. ORR Response: Yes, commercial air flights would be the preferred method.

5. PWS 5.4 Large-Scale Transportation states:

The Contractor shall provide time efficient ground, air, and water transportation arrangements to move children within the ORR network of care providers, including temporary shelter facilities.

Where necessary, the Contractor shall coordinate travel arrangements within 24 hours of notification by ORR. At a minimum, the Contractor shall have scalable staffing and equipment to provide transportation services for up to 1,000 children to be transported per day within 48 hours of notification.

● Is this paragraph correctly interpreted as meaning the contractor has 24 hours from notification of a requirement to schedule (not execute) a transport/escort mission?

○ ORR Response: Correct, however if the transportation can be executed within 24 hours that is also acceptable.

● Is this paragraph correctly interpreted as meaning the contractor must maintain sufficient staff and equipment to be able to transport up to a 1,000 children per day (execute the transports) within 48 hours of notification?

○ ORR Response: Correct

● If neither is correct, how much time does the contractor have to (1) schedule a transport and how long after notification must a transport be started/executed?

○ ORR Response: Both are interpreted correctly. Contractors have 24 hours to schedule a transport and should be executed within 48 hours of notification.

6. Does ORR issue the children some form of identification to permit them to clear TSA inspection points?

a. ORR Response: The programs will furnish the minor’s NTA (Notice to Appear) to the transportation specialist upon arrival for pick up. The NTA serves as the UC’s identification.

7. Can the Government please clarify how the Contractor receives Government rates for travel?

a. The contractor is not eligible to use government travel contracts in order to receive government rates. Contractors are expected to book travel via their own sources and methods.

8. Can the Government please clarify if UCs age out while at shelters, is it the contractor’s responsibility to transport them from shelter?

a. ORR Response: If the UC ages out while at the shelters, the shelter coordinates pick-up of the UC with their local FOJC.

9. If it is the contractor's responsibility to transport UCs who age out, will the Government please provide requirements and historical information on the number of UCs and where they are transported?

a. ORR Response: It is not the responsibility of the contractor to pick up UC’s that have aged out.

10. Along with the promised list of ORR facilities, can the list contain both city/state of location as well as the bed count? Knowing the bed count will assist offerors in determining the size of vehicles and staff needed to serve that location.

a. ORR Response: All information we can share is shown in answer #1 above.

11. The Technical Volume evaluation criteria does not include evaluation criteria for the process maps or steps. Will the Government please clarify its evaluation criteria for this requirement?

a. An amendment to the RFP will be posted next week addressing the evaluation of the process maps.

12. Can the Government confirm that the title page, table of contents, acronym list, and process map with narrative are not included in the stated page count maximum?

a. The title page, table of contents, acronym list, and process map are not included in the stated page count maximum. The narrative describing the process steps will count towards the page limit.

13. We would like to submit job descriptions. In an earlier Q&A, you said that resumes could be included and would not count toward the page limits. Could we also include job descriptions that would not count toward the page limits?

a. Job descriptions used to support individual resumes will also not count towards the page limit.

14. Are there any updates on the added number of pages allowed, and which section those would be added to?

a. Volume 1: Technical Capability (35 pages not including the title page, table of contents, acronym list, and process map)

b. Volume 2: Management (15 page limit - does not include resumes or job descriptions)

c. Volume 3: Past Performance (2 page limit per reference)

15. Q&A Posting #4 the answer to Question #2 states ORR is currently working on additional language for inclusion in the PWS. Once completed, we will amend the solicitation to revise the PWS. Does the Gov’t have an anticipated timeframe of the posting of the updated PWS?

a. The revised PWS will be posted next week along with the revised evaluation criteria mentioned in #11 above.

Q&A Posting #8 2/3/2023

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

a. No, there will not be an opportunity for vendors to demo their tracking systems in real time. However, offerors may include screenshots and additional information showing their system and explaining how it works as part of their proposal.

2. This question is in reference to Section 5.5.2 Air Transport UC Support – third bullet.

“At the direction of the COR, the Contractor shall arrange for airline escorts for UC ages 14 and over pursuant to ORR policy at https://www.acf.hhs.gov/orr/policy-guidance/children-entering-united-states-unaccompan ied-section-2 .

Our question is where the expectation for escorting ends. For these UC’s does the escort end when the UC is transferred to the care of the airline escorts. Or is the Contractor then responsible for arranging an additional escort at the destination airport to conclude the escort to the final location. To be more specific, are there times when the final destination for UC’s over the age of 14 where their end destination is in fact the airport they have been flown into?

a. ORR Response: The Escort is required until the child is successfully transferred or reunified to a sponsor.

3. Regarding PWS 14 Key Personnel Requirements for either the Lead Project Director or Alternate: Will the Government confirm a Master's in Social Work as an acceptable related field, assuming the proposed key personnel demonstrates all the listed significant experience and other requirements, along with related management experience in advanced levels of financial and managerial responsibilities (including planning, administrative, financial management, and transportation planning and management)?

a. ORR Response: No

4. Regarding PWS 7 Covid Weekly Testing Requirements. It is our understanding that the incumbent receives covid tests for staff at at least one of the shelters using eTN, who is contracted by ORR to provide covid testing for kids and staff onsite. Can the Government please confirm that eTN will continue this practice during the new contract, and if so which shelters will provide this testing?

Rationale: If ORR has a Government contract for covid testing, can it be used by this contract.

a. ORR Response: The contractor is responsible for meeting COVID requirements as written in the PWS. In addition, the contractor must comply with COVID requirements when entering each ORR Site across the network.

5. Regarding PWS 7 Covid Weekly Testing Requirements. Will the Government consider requiring weekly testing only for staff in contact with UCs and shelter staff?

a. ORR Response: The contractor is responsible for meeting COVID requirements as written in the PWS. In addition, the contractor must comply with COVID requirements when entering each ORR Site across the network.

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