09.13_A0003_Req B_Attachment 15_ RFP Questions and Answers.pdf

Attachment 15 70CDCR20R00000001

ICE Solicitation 70CDCR20R00000001

RFP Questions Template

Date:

January 21, 2020

Requirement:

B

1.

Solicitation Section/Subsection Number: Section C. II.C, Scope of Work (page 13)

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

If changes to the applicable ACA standards increase the Contractor’s cost of providing services, the Contractor is permitted to submit a request for equitable adjustment.

2.

Solicitation Section/Subsection Number: Section C.II.E.4-Armed Transportation Services (page 18)

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

Yes, if the Contractor subcontracts some of the transportation services, the Government will 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.

3.

Solicitation Section/Subsection Number:

Section C.IV.B, Facility Staffing Plan, Floor Plan and Key Personnel (page 26)

Question: Section C.IV.B 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 85%. 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

The timeframe will remain as 60 days. Please note, ICE may take into account delays attributed to the clearance process when considering deductions for a position that remains vacant for more than 60 days if staffing levels fall below 85%.

4.

Section C.IV.B, Facility Staffing Plan, Floor Plan and Key Personnel (page 31) and Attachments 4 and 4A QASP

Question: Section C.IV.B states "Staffing levels shall not fall below a monthly average of 85% of the ICE approved staffing plan." Deductions are based on salary and benefits of any position that remained vacant for more than 60 days if staffing levels fall below 85%. The Performance Standard column of Attachment 4A Performance Requirements states "Staffing pattern compliance 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. Will the government agree to delete the QASP Performance Standard as staffing level deductions are otherwise allowed under Section C.IV.B?

Please see revised and updated PWS. The QASP Performance Requirement Summary deductions will remain.

5.

Solicitation Section/Subsection Number: Section C.IV.B, Facility Staffing Plan, Floor Plan and Key Personnel (page 26)

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

ICE Response

The Contractor should be prepared to staff all housing units as required in the contract. The Contractor is not required to staff unoccupied housing units but should be prepared to.

6.

Solicitation Section/Subsection Number: Section C.IV.K, Tour of Duty Restrictions (pages 36)

Question: Please revise 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."

Please see revised and updated PWS.

7.

Section C.IV.O.2.b) Uniform Requirements/Identification Credentials (page 37)

Question: Will the government agree to revise 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."

8.

Section C.IV.S.1)a) General Training Requirements/Basic Training Subjects (page 41)

Question: In the paragraph denoted by the double asterisk at the end of this section, please revise 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."

9.

Solicitation Section/Subsection Number: Section C.VI.B. Manage and Account for Detainee Assets (pages 48)

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

As stated in the PWS, cash or check is allowed, whichever is deemed appropriate by the ICE COR or designated ICE official.

Section H., subsection H.3, ICE Information Governance and Privacy Requirements Clause Subparagraph A.(2) (page 38)

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

For this requirement, no ICE systems will be available for Contractor use.

Section H., subsection H.3, ICE Information Governance and Privacy Requirements Clause Subparagraph A.(2) (page 38)

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

Please refer to revised and updated RFP. Subparagraph A. (2) of the ICE Information Governance and Privacy Requirements Clause has been deleted. Please note, under the HSAR Safeguarding of Sensitive Information Clause section (e), the Contractor shall not input, store, process, output and/or transmit sensitive information within a Contractor IT system without an Authority to Operate (ATO).

Section H., subsection H.3, ICE Information Governance and Privacy Requirements Clause Subparagraph A.(2) (page 38)

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

Please refer to revised and updated RFP. Subparagraph A. (2) of the ICE Information Governance and Privacy Requirements Clause has been deleted.

Section H., subsection H.3, ICE Information Governance and Privacy Requirements Clause, Subparagraph C (page 41)

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.

Please refer to revised and updated RFP. Subparagraph A. (2) of the ICE Information Governance and Privacy Requirements Clause has been deleted. Please note, under the HSAR Safeguarding of Sensitive Information Clause section (e), the Contractor shall not input, store, process, output and/or transmit sensitive information within a Contractor IT system without an Authority to Operate (ATO).

Section H., subsection H.3, ICE Information Governance and Privacy Requirements Clause, Subparagraph D (page 42)

Question: Please confirm that this is not an IT contract and, therefore, this Subsection D. is self-deleting.

The Government confirms any resulting contract from this solicitation will not be an IT contract.

Solicitation Section/Subsection Number: Section I, 52.217-8 (page 60) As written, Clause 52.217-8, Option to Extend Services, gives the Contracting Officer the authority to delay, until one day before the contract expires, giving the Contractor notice that the option to extend services is being exercised. One day's notice is not enough time for the Contractor to prepare to accommodate an extension of services. Will the Government agree to revise this clauses, consistent with prior contracts for these services, to provide for notice within 60 days of the end of the current period?

ICE Response

Please refer to revised and updated RFP. The Government has changed the time period noted in the clause to 30 days.

Solicitation Section/Subsection Number: Section I, 52.217-9 (page 60) As written, Clause 52.217-9 allows the Contracting Officer to delay, until one day before the contract expires, giving the Contract preliminary notice of intent to extend the contract term.

One day is not enough notice for the Contractor to prepare to accommodate an extension or prepare for contract expiration. Will the Government agree to revise this clause, consistent with current contracts for these services, to provide for notice at least 60 days before the current contract expires?

ICE Response

Please refer to revised and updated RFP. The Government has changed the time period noted in the clause to 30 days.

Solicitation Section/Subsection Number: Section I, 3052.215-70 (pages 69) 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 C.IV. Personnel and Staffing, subparagraph B.3.). Will the government agree to delete subparagraph (b) of this clause or revise it so that notice prior to removal of Key Personnel is not required?

ICE Response

The Government will not delete or revise paragraph B of 3052.215-70. The Contractor shall notify the Contracting Officer, in writing, before removing or replacing any of the specified individuals or facilities. It is understood that the Contractor may not be able to notify the Contracting Officer prior to removing or replacing a Key Personnel role. If it is not possible to notify the Contracting Officer before removing or replacing, the Contractor should notify the Contracting Officer why they were unable to meet that requirement.

Solicitation Section/Subsection Number: Section C.III.B. Records (page 22) Question: Will the government to revise paragraphs 7, 8 and 9 as follows:

Except as provided in the below paragraph, all records acquired or generated by the contractor in its performance of this contract or as a result of this contract, including records classified as Privacy Act systems or records, are federal records under the control of ICE and shall be subject to disclosure only pursuant to the provisions of applicable federal laws, regulations, and executive orders or as ordered by a court. Insofar as any documents created by the contractor contain any information related to one or more ICE detainees, these records shall be the property of the U.S. Government and shall be subject to disclosure only pursuant to the provisions of applicable federal laws, regulations, and executive orders or as ordered by a court. To the extent the contractor intends to release the contract or any information relating to the contract, the contractor agrees to coordinate with the ICE Contracting Officer prior to such release. To the extent ICE intends to release the contract or any information relating to the contract, ICE agrees to provide prior notice to the contractor to allow contractor to assert any exclusions under the law, including the Freedom of Information Act.

Contractor-owned records are considered the property of the contractor and are not within the scope of paragraph (a) above. Contractor-owned records include the following: (1) contractor’s employment-related records, and (2) contractor’s patents, copyright, and trademark applications, where the contractor has elected rights or has permission to assert rights and has not relinquished such rights or turned such rights over to the Government, (3) contractor's non-public financial records, and (4) contractor's records that are not related to performance of this contract.

All records acquired or generated by the contractor in performance of under this contract and in possession of the contractor, including those described in the two paragraphs above, shall be subject to inspection, copying, and audit by the Government or its designees at all reasonable times, and the Contractor shall afford the Government or its designees reasonable facilities for such inspection, copying, and audit; provided, however, that upon request by the Contracting Officer, the contractor shall deliver such records to a location specified by the Contracting Officer for inspection, copying, and audit. The Government or its designees shall use such records in accordance with applicable federal laws (including the Privacy Act), as appropriate.

Solicitation Section/Subsection Number: Section C.S.1.a. Basic Training Subjects (pages 41)

Question: Will the government agree to change item 25 from "ICE National Detention Standards" to "ICE Performance Based Detention Standards?"

Solicitation Section/Subsection Number: Section J, Attachment 1, WD 2015- 5215-Rev-13

Question: The Wage Determination included in the RFP is not the most recent revision.

Please confirm which version is to be utilized upon contract award.

Please see updated Wage Determination for Requirement B – WD 2015-5215 Revision 14.

Solicitation Section/Subsection Number: Section C. II (page 13) Question: Please confirm the timeframe for ACA accreditation as Section E. references ACA Accreditation should be achieved within 18 months of contract award, however Section C.

references accreditation being obtained within 12 months of housing the first ICE detainee.

Solicitation Section/Subsection Number: Section I, 52.208-9 (page 54) Question: This clause, Contractor Use of Mandatory Sources of Supply or Services (May 2014), provides that certain supplies or services to be provided under this contract are required to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From People who are Blind or Severely Disabled under 41 U.S.C 8504,or from the DLA, GSA or VA. To what supplies or services does this clause apply?

ICE Response

The supplies and services applicable to this clause applies to items such as janitorial supplies/services, toilet paper, uniform services, toothpaste, shampoo, bodywash, toothbrushes, dish and laundry soap, floor mats, shave gel, sweatshirts, toner, manila folders, writing pads. This list is not all inclusive. If the Contractor is unsure if an item falls under this clause, the Contractor should contact the Contracting Officer for clarification.