Solicitation_70CDCR20R00000002_Questions_Part_3.docx

ICE RFP 70CDCR20R00000002

Industry Questions and Government Answers Part 3

1.

Question: These sections conflict with respect to the amount of time within which the Contractor must achieve full NCCHC accreditation. Please confirm that the Contractor will have up to one year from the date of award to obtain NCCHC accreditation, as provided on page 13 in Section C.II.C.

ICE Response

Confirmed, Contractor will have up to one year. See updated PWS.

2.

Question: Among other things, this section requires the Contractor to obtain and maintain ACA and NCCHC accreditation.

A. If the Contractor does not provide health services, does the NCCHC accreditation requirement apply?

B. If changes to these standards increase the Contractor's cost of providing services under this contract, will the Contractor be permitted to seek reimbursement under the contract for the increased costs?

ICE Response

A. Yes B. Yes with justifications for each line item, subject to approval by ICE.

3.

Question: This section includes the following requirement: "The Contractor shall not add any non-ICE detainee population to the facility from any other entity without the expressed prior written approval of the COR and/or ICE-designee."

The facility currently houses prisoners for the United States Marshals Service. Please confirm that this practice will be allowed to continue under this contract.

ICE Response

Yes, the Contractor can add non-ICE detainee populations with approval of the COR or ICE-designee as outlined in the PWS.

4.

Question: Please confirm that the Contractor will not be required to staff unoccupied housing units.

ICE Response

Confirmed

5.

Question: Subparagraph 4 requires the personnel providing transportation services to wear the same uniforms as contractor personnel providing other services. In the event the Contractor subcontracts some of the transportation services, will the Government permit the transportation officers to wear a different uniform, as long as the standards for the transportation personnel uniforms are consistent with the standards for the uniforms worn by other Contractor personnel?

ICE Response

Not permitted

6.

Question: Section C.IV.J provides in pertinent part that deductions may be taken for any position that remains vacant for more than 60 days if staffing levels fall below 95%. Given the typical length of time to complete background clearances and consistent with other ICE contracts for similar services, will ICE allow the Contractor 120 days to fill vacant positions (rather than 60 days)?

ICE Response

No to 120 days. Yes to 90 days. See updated PWS.

7.

Question: Section C.IV.J states, "Staffing levels shall not fall below a monthly average of 95% of the ICE approved staffing plan." Deductions are based on salary and benefits of any position that remain vacant for more than 60 days if staffing levels fall below 95%. For Workforce Integrity, the Performance Standard column of Attachment 2A Performance Requirements states "Staffing pattern compliance within 10% of required (Contract) 4-ALDF-2A-14." Per the QASP, deductions of up to 10% of the monthly invoice may apply if staffing pattern compliance is not maintained within 10% of contractual requirements. Please clarify the apparent conflict between the staffing percentages. Will the Government please consider changing the monthly average threshold in C.IV.J to 90%?

ICE Response

No. With the extra 30 days provided to Question 6, this offsets the need to lower to 90%.

8.

Question: Section C.IV.J states, "Staffing levels shall not fall below a monthly average of 95% of the ICE approved staffing plan." Deductions based on salary and benefits of any position that remained vacant for more than 60 days if staffing levels fall below 95%. The Performance Standard column of Attachment 2A Performance Requirements states "Staffing pattern compliance within 10% of required (Contract) 4-ALDF-2A-14." Per the QASP, deductions of up to 10% of the monthly invoice may apply if staffing pattern compliance is not maintained within 10% of contractual requirements. Will the Government please consider deleting the QASP Performance Standard as staffing level deductions are otherwise allowed under Section C.IV.J?

ICE Response

QASP will remain, the additional 30 days provide in Q6 offset this request.

9.

Question: Will the Government consider revising the second and third sentences to read as follows:

"Authorization is required from the COR prior to an employee performing services that exceed 12 hours; provided, however, Contractor may utilize uniformed employees to perform duties under this contract for up to 16 hours in any 24 hour period in the event of an emergency or other non-routine circumstances. If an employee is performing other duties for either the Contractor or another employer, those hours shall count against the 12-hour or 16-hour limitation."

ICE Response

After consideration, paragraph will remain the same, no change.

Question: Will the Government consider revising this subsection to read as follows:

"A printed document that contains personal data and description consisting of the employee's name, gender, birth date, height, eye color as well as the date of issuance."

ICE Response

After consideration, requirement will remain the same, no change.

10.

Question: In the paragraph denoted by the double asterisk at the end of this section, Will the Government please consider revising the second sentence as follows to be consistent with Section C.X.A on page 93:

"**The Contractor shall certify proficiency semi-annually in accordance with State requirements."

ICE Response

After consideration, requirement will remain the same, no change.

11.

Question: Will the Contractor be permitted to provide funds in cash to detainees upon release and provide funds by check for detainees being transferred?

ICE Response

No, Cash only, most detainees don’t have access to bank accounts or would be charged to cash the check.

12.

Question: In the first sentence of the third paragraph, will the government consider revising as follows to be consistent with current facility operations where the firearm is a revolver (changing to a semi-automatic would have cost and operational impacts):

"Firearms shall be standard police service-type, semi-automatic capable of firing hollow-point ammunition that meets the recommendations of the firearms manufacturer."

ICE Response

No. The safety of the officer/employee will not be compromised in having less ammunition by way of use of a revolver vs a pistol in a firearm fight.

13.

Question: The Location Requirements on this page is limited to within 50 miles of the San Diego Field Office; however, the Estimated Population Size and Expected Risk Detainees on this page appear to encompass the collective bed numbers for both facilities described in Section F.3. Will the Government please revise the Estimated Population Size and Expected Risk Detainees sections of PWS Addendum – SanDiegoSite2 to total 1400?

ICE Response

Estimated population size has been updated to 2100. Please see revised site-specific addendum.

14.

Question: Will the Government please consider deleting the third paragraph under Subsection for ICE ERO, as the current facility was not required to be designed in accordance with these requirements?

The facility needs to be compliant with the ICE-ERO Design Standards for Contract Detention Facilities (CDF), as well as ICE ERO Structure Cable Plant Standard. CDF – Executive Office for Immigration Review (EOIR) Design Standards to include EOIR Cabling Standards. ICE Health Services Corps (IHSC) Design Standards and other Design Standards as required, and have appropriate office space for EOIR, OPLA, IHSC and USCIS staff at the facility.

ICE Response

After consideration, no change, however please see revised RFP/PWS that addresses the possibility that bidders may request limited waivers from ICE Design Standards and site-specific requirements subject to certain conditions

15.

Question: Will the Government please consider deleting the fourth paragraph under Subsection ICE ERO, as there is not a separate building for ICE ERO? ICE ERO is currently on the second floor of the facility.

ICE ERO recommends having its own separate building on the same property to perform daily operations. Considering current security threats, it is best for officer safety to allow officers to keep their firearm on their person.

ICE Response

Please see ICE response to Question 14.

16.

Question: Will the Government please delete the fifth paragraph under Subsection for ICE ERO as the facility is currently meeting the needs of ICE in its current state and it would be a cost impact to remodel/re-design the current facility to meet ICE ERO needs?

Any proposed existing facilities will need to be remodeled/re-designed to meet ICE ERO needs.

ICE Response

Please see ICE response to Question 14.

17.

Question: In the sixth paragraph, will the Government please consider revising as follows, consistent with the current facility's physical plant, as there are no protective barriers at the entrances?

"The facility shall have a complete secure perimeter fence around the entire facility, secure sally ports, secure entry/exit, as per the ICE ERO CDF Design Standards as well as protective barriers at entrances."

ICE Response

Please see ICE response to Question 14.

18.

Question: Will the Government please consider deleting the Subsection for U.S. Citizenship and Immigration Services (USCIS) in its entirety as the current facility does not have these spaces?

ICE Response

No change, office space is required for asylum interviews.

19.

Question: Will the Government please consider revising the Subsection for Executive Office for Immigration Review (EOIR) Space as follows consistent with the current facility's physical plant?

The EOIR space must be compliant with the U.S. DHS Design Standards for EOIR (2011), Section 3.7.

EOIR Space: The Standards include but not

20 11 Offices (12 Judges + 1 Court Administrator + 7 Supervisory Staff) 30 10 Cubicles (30 Support Staff consisting of Administrative Staff, Law Clerks, Mail/File Clerk) 12 5 Courtrooms

ICE Response

Please see ICE response to Question 14.

20.

Question: Will the Government please delete the following, as the current facility was not required to be designed in accordance with these requirements?

Per the ICE -ERO CDF Design Standards including but not limited to:

ICE Response

Please see ICE response to Question 14.

21.

Question: Will the government please delete the fourth and thirteenth bullets as the current facility does not have these spaces?

· Additional common room space for Mental Health Programing

· Cardio Room

ICE Response

Please see ICE response to Question 14.

22.

Question: Will the Government please revise the last bullet as follows to reflect the current facility's physical plant?

· "Separate Government Employee Judges' Entrance"

ICE Response

Please see ICE response to Question 14.

23.

Question: Will the Government please delete the Subsection for Furniture Requirements in its entirety as the facility was not required to be designed to these standards nor planned for furniture replacement every five years?

ICE Response

Please see ICE response to Question 14.

24.

Question: Will the Government please revise the following portion of Subsection for Parking as follows to reflect the availability at the current facility?

"A minimum of 240 secured/covered 50 onsite parking spaces used exclusively for Government and ICE visitors 120 for ICE employees 28 for ICE OPLA employees 8 for ICE IHSC employees 14 for USCIS employees 50 for EOIR employees 20 for GOV visitors"

ICE Response

Please see ICE response to Question 14.

25.

Question: Will the Government please revise the following portion of Subsection for Parking as follows to reflect the availability at the current facility?

"A separate secured covered parking is required for Government owned Transportation vehicles (approximately 12 buses 20 Vans and other GOVs)"

ICE Response

Please see ICE response to Question 14.

26.

Subparagraph A.(2)

Question: What ICE systems are available for the contractor to use for detainee management?

ICE Response

None, ICE will run all checks and provide results.

27.

Question: Does this Section preclude the use of the awarded contractor's detainee management system for housing, commissary, trust, billing, and other related administrative functions?

ICE Response

No

28.

Question: If the Contractor will not have access to ICE systems, please confirm that subparagraph A(2) is not applicable as this work will not be performed on Government networks or in a Government-owned facility.

ICE Response

Contractor will not have access to ICE systems, therefore this section not applicable.

29.

Question: Subparagraph (2)(a) provides that "The Contractor shall not create or maintain any records not specifically tied to or authorized by the contract using Government IT equipment and/or Government records or that contain Government agency data." Please confirm that this does not preclude the Contractor from using its own detainee management system to manage Government data in the performance of this contract.

ICE Response

Confirmed

30.

Question: Will the Government please confirm that this is not an IT contract and, therefore, this Subsection D. is self-deleting?

ICE Response

Confirmed

31.

Question: Subparagraph (b) requires notice to the Contracting Officer before removing or replacing Key Personnel. Notice prior to removal is not always practical or possible. The RFP otherwise requires the Contractor to report terminations/resignations (see section C.IV.F Required Reports) within 5 days of occurrence. Further, the RFP requires written approval of the Contracting Officer before an employee is assigned to a Key Personnel role (See IV. Personnel and Staffing, subparagraph J.3.). Will the government agree to revise subparagraph (b) of this clause to require the Contractor to provide notice as soon as possible, but not later than 5 days following the removal of Key Personnel?

ICE Response

After consideration, the Government will not change this language.

32.

Question: FAR 52.211-11 imposes liquidated damages if the Contractor fails to perform within the time specified in the Contract.

Please confirm that this clause will only apply in the event the Contractor is not fully prepared to accept responsibility for performing the requirements of this contract prior to completion of the 60-day Transition-In Period.

ICE Response

After consideration, this FAR clause was removed from the RFP.

33.

Question: FAR 52.211-11 imposes liquidated damages if the Contractor fails to perform within the time specified in the Contract.

Please confirm that this clause will not apply in the event withholdings or deductions are applied under the QASP as outlined in Attachments 18 and 18A.

ICE Response

After consideration, this FAR clause was removed from the RFP.

34.

Question: FAR 52.211-11 imposes liquidated damages if the Contractor fails to perform within the time specified in the Contract.

In paragraph (a) of this clause, what is the amount of the liquidated damages that will apply or how will the liquidated damages amount be determined?

ICE Response

After consideration, this FAR clause was removed from the RFP.

35.

Question: Will the Government please consider deleting the following Contract Attachments which reference the provision of health services by the Contractor as IHSC provides health services at the facility?

Attachment 3: IHSC National Formulary FY 2019 Attachment 4: IHSC Form 067 Request for approval of non-formulary medications Attachment 5: IHSC Minimum Staffing Requirements Standards Attachment 6: IHSC Intake Screening Form Attachment 7: IHSC Sample Clinical Practice Guidelines Attachment 8: IHSC electronic Quality Medical Care (QMC) Audit tool Attachment 9: IHSC electronic Quality Medical Care (QMC) Incident Report Attachment 10: Requirements Traceable Matrix

ICE Response

No change, please treat these attachments as N/A if they do not apply to your proposal.

36.

Question: Will the Government please delete the following Proposal Attachment as the facility also houses prisoners for the United States Marshals Services?

Attachment 14A: Detention Services Cost Statement User Handbook for ICE-Dedicated Facilities

ICE Response

No change, please treat these attachments as N/A if they do not apply to your proposal.

37.

Question: Will the Government please delete the Contract Detention Facility Design Standards Addendums in its entirety, as the facility was not required to be designed in accordance with these specifications?

Addendum A: ICE Design Standards for CDFs Addendum B: Executive Office for Immigration Review (EOIR) Design Standards Addendum C: Structure Cable Plant Standards Addendum D: Health Design Standards Addendum D1: IHSC Design Standards Supplement

ICE Response

Please see ICE response to Question 14.

38.

Question: The first sentence in the first paragraph and Subsection a) reference housing ICE detainees "up to the full facility capacity." Will the Government please revise these two references as follows to reflect that the facility also houses prisoners for the United States Marshals Service?

"The Transition Plan shall illustrate how the Contractor will ramp up for full performance under the contract, up to full facility capacity up to the contracted level, and be ready to perform within 60 days.

(a) Completion, in its entirety, of all ramp-up activities within 60 days and allow housing of ICE detainees at full facility capacity up to the contracted level."

ICE Response

After consideration, the Government has revised this in the RFP and incorporated the suggested change.

39.

Question: Under PBNDS References: Part 4 – CARE, Will the Government please delete the following Performance requirements related to the provision of health services by the Contractors since IHSC provides health services at the facility?

4.2 Hunger Strikes

4.6 Terminal Illness, Advance Directives, and Death.

4.7 Electronic Quality Medical Care (QMC) reporting, and;

PWS Section V.(D.) (Medical) and related Attachments

ICE Response

No change, please treat these attachments as N/A if they do not apply to your proposal.

40.

Question: The materials presented during the Industry Day contemplated the use of the NEPA process for the development of a "new" facility. Materials further states that "A CATEX for a CDF is not an appropriated level of environmental analysis for compliance with NEPA. It may be appropriate to use a Categorical Exclusion for an existing structure thus satisfying the NEPA through a truncated and abbreviated environmental review." Will the Government consider documentation from the Offeror supporting a Categorical Exclusion?

ICE Response

No change

41.

Question: If a full EA is required, should the focus of the EA be on the incremental environmental impacts that would be triggered should the Contractor be awarded the contract?

ICE Response

Yes

42.

Question: This section states "Contractor will be required to house an exterior, temporary, 2,000-gallon (all exclusive) fuel tank on skids. ICE may utilize a portion of the contractor's concrete parking area for short term storage of the fuel tank in emergency situations." What type of fuel will be stored in the fuel tank?

ICE Response

To be determined, most likely vehicle gasoline to operate vehicles for emergency transportation in the event of a facility evacuation.

43.

Question: This section states "Contractor will be required to house an exterior, temporary, 2,000-gallon (all exclusive) fuel tank on skids. ICE may utilize a portion of the contractor's concrete parking area for short term storage of the fuel tank in emergency situations." Will having a contract to have fuel delivered and have a tanker stored onsite during an emergency be sufficient?

ICE Response

No. This is a mean of a preventative measure vs reactive in case of an earthquake or hillside fire, etc.

44.

Question: Section L Proposal Instructions General page 154 states: "All four (4) Volumes shall be submitted in softcopy format only via email…" Volume IV Environmental (Factor 7), page 155 states: "One emailed softcopy of the Environmental Proposal shall contain text no smaller than 12-point type on standard 8 ½ by 11-inch paper. The Environmental Volume shall be submitted by the proposal submission deadline."

Factor 7: Environmental Compliance, page 163 states: Volume IV consists of the offeror's environmental documentation which identifies the environmental conditions of the proposed project location(s). The Phase I ESA documentation shall be completed in accordance with ASTM E1527-13. The Environmental Impact Evaluation shall be completed in accordance with theJ-14 NEPA attachment. Documentation shall be submitted in softcopy(CD-ROM) and hardcopy format. Will the Government please confirm that all volumes including the Environmental shall be shall be submitted in softcopy format only via email.

ICE Response

Confirmed, only softcopy formats are required for all volumes.

45.

Question: While ICE has removed the requirement for reaching out to local stakeholders and providing letters in the evaluation, the language in Attachment 15 under Biological and Cultural Resources mentions that those analyses should be conducted in consultation with the USFWS and State of California. However, based on the time line for proposal submission, it is highly unlikely that the agencies would respond to informal consultation prior to the Oct 31 deadline. Since the project may involve minor renovation immediately adjacent to the existing built facility, no significant impacts to these resource are expected. Could you please clarify if informal consultation with the USFWS, Cal Game and Fish and SHPO are required as part of our submission?

ICE Response

Informal consultation with the USFWS, Cal Game and Fish and SHPO are not required. Offerors should consult publicly available databases on the subject areas for information on potential impacts.