2.2.1(i) Attachment 9 Responses to Questions.pdf

Joint Recovery Office Region 2 DR-4339-PR U.S. Department of Homeland Security

#50 State Road PR-165 Suite 3 Parque Industrial Buchanan Guaynabo, PR 00968 www.fema.gov

March 25, 2026

The following questions were received in response to Solicitation 70FBR226R00000006 for Level II

- Armed Protective Service Officers and Patrol Vehicle Services in support of disaster recovery operations of declarations DR-4339-PR (Hurricane Maria), DR-4473-PR (Earthquakes), DR-4671-PR (Hurricane Fiona), DR-4850-PR (Tropical Storm Ernesto) and Logistics Management Directorate (LMD) Distribution Centers Caribbean (DCC) in Puerto Rico. The questions have been addressed, and responses are the following:

a. Question 1 – Do you currently have a company performing these services? If so, which company is currently providing the service and what is the value of the contract?

Response: Your company must submit a Freedom of Information Act (FOIA) request through https://www.foia.gov/.

b. Question 2 - We want to confirm the Local Set-Aside; must we currently have business in Puerto Rico to be able to bid on this?

Response: Pursuant FAR 52.226-3 Disaster or Emergency Area Representation (NOV 2007) and FAR 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007) “Local Area Set-Aside and offers are solicited only from businesses residing or primarily doing business in the Commonwealth of Puerto Rico. An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months-

(1) The offeror had its main operating office in the area; and

(2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees.

Offers received from other businesses shall not be considered.”

c. Question 3 - Is there any incumbent/recompete or is this a brand-new project? If yes, could you please provide us with their award number or even if the customer bought similar services in the past.

Response: To receive any information your company must submit a Freedom of Information Act (FOIA) request through https://www.foia.gov/.

d. Question 4 - The Wage determination provided has various classifications under Protective Services: 27101 Guard I, 27102 Guard II, 27131 Police Officer I and 27132 Police Officer II.

What wage determination applies in this solicitation?

https://www.foia.gov/ https://www.foia.gov/

Response: The Wage Determination that’s applicable to this solicitation and was attached thereto is No. 2015-5707, Revision 28 dated 12/03/2025 under the following standard labor category for Protective Services 27102 – Guard II.

e. Question 5 - Could the Government please clarify the required quantity of two-way radios to be provided by the Contractor? Should the quantity be based on the number of PSO posts or the number of shifts per site?

Response: Each post shall have an assigned two-way radio or any equivalent (i.e. cell phone with application).

f. Question 6 - Could the Government please clarify whether the Contractor is required to provide firearms to PSOs or if individually owned and licensed firearms carried by properly credentialed PSOs will be considered compliant with the solicitation requirements?

Response: Following applicable Puerto Rico laws individually owned and licensed firearms carried by properly credentialed PSOs will be considered compliant.

g. Question 7 - Could the Government please clarify whether the Contractor is required to provide ammunition and duty gear under this contract, or if the use of officer-owned, properly licensed, and compliant equipment will be acceptable?

Response: The use of officer-owned, properly licensed, and compliant equipment will be acceptable. It is the Contractor’s responsibility to ensure the PSO’s equipment, firearm and ammunition is compliant according to the Statement of Work attached to the Solicitation.

h. Question 8 - Could the Government please clarify whether the Contractor is expected to recruit and staff new PSOs to fulfill the requirements of the contract or is an incumbent PSO allowed?

Response: Once the awardee is selected, it is the contractor’s prerogative to manage their staff.

The Government’s requirement is that the PSOs are on time and in post as scheduled, qualified, trained, and fully equipped.

i. Question 9 - Could the Government please clarify whether the restriction on the use of personally owned equipment applies to all duty equipment? or if the use of individually owned, properly licensed, and compliant equipment will be permitted under this contract?

Response: Per the Statement of Work, Section 9.4.1.3 PSOs shall not possess any unauthorized supplemental or personal equipment (e.g., equipment not issued by the Contractor or required by the Contract) unofficial firearms, knives (except for a folding pocketknife), intermediate weapons, or other such nonstandard items.

Individual owned, properly licensed, and compliant equipment will be permitted under this contract. The contractor shall ensure that the PSO is fully equipped (company or individually owned) as required when in post. It is the Contractor’s responsibility to ensure the PSO’s equipment, firearm and ammunition is compliant according to the Statement of Work attached to the Solicitation.

j. Question 10 - Which wage rate should prevail for the Protective Service Officer position if under the current Federal Executive Order 13658, the minimum wage is $13.65 per hour, and be following Puerto Rico Law 47-2021?

Response: The Wage Determination that’s applicable to this solicitation and was attached thereto is No. 2015-5707, Revision 28 dated 12/03/2025 under the following standard labor category for Protective Services 27102 – Guard II with a wage rate of $10.87 per hour.

The Federal Executive Order 13658 per 29 CFR 10.3(c) explains that the EO only applies to contracts with the Federal Government requiring performance in whole or in part within the United States, which is defined in 29 CFR 10.2 to mean exclusively the 50 States and the District of Columbia. If a covered contract is to be performed in part within and in part outside the United States, the Executive Order would apply only to that part of the contract performed within the United States (again, defined as the 50 states and the District of Columbia). The United States territory, such as Guam, the Commonwealth of the Northern Mariana Islands, or Puerto Rico, are not covered by the Executive Order.

Refer to the Department of Labor’s frequently asked questions regarding Executive Order 13658 at the following link: https://www.dol.gov/agencies/whd/government-contracts/minimum-wage/faq#contract_coverau6e-1993.

Additionally, review Fact Sheet #67 The McNamara-O’Hara Service Contract Act (SCA), which explains how state, local, and other federal laws relate to federal wage determinations:

https://www.dol.gov/agencies/whd/fact-sheets/67-sca.

For more information on Puerto Rico Minimum Wage Act Law 47-2021, refer to the Puerto Rico Department of Labor and the following link:

https://bvirtualogp.pr.gov/ogp/Bvirtual/leyesreferencia/PDF/2-ingles/47-2021.pdf.

https://www.dol.gov/agencies/whd/government-contracts/minimum-wage/faq#contract_coverau6e-1993 https://www.dol.gov/agencies/whd/government-contracts/minimum-wage/faq#contract_coverau6e-1993 https://www.dol.gov/agencies/whd/fact-sheets/67-sca https://bvirtualogp.pr.gov/ogp/Bvirtual/leyesreferencia/PDF/2-ingles/47-2021.pdf