Amendment 3 Final Version.pdf

(x)

70RFP122RE4000006

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1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Philadelphia PA 19106 Attn: Nikki Finney

OPO/FPS/EAST CCG/R4

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/East CCG/Region 4

Philadelphia PA 19106 701 Market Street, Suite 3200

70RFP1

Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

FPS EAST CCG DIV 1 ACQ DIV(70RFP1)

06/07/2023

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE

2. AMENDMENT/MODIFICATION

NO.

5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

04/14/2023

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

70RFP122RE4000006: RFP for PSO Services - South Florida.

A. This Amendment provides Questions and Answers for informational purposes and do not amend or change the terms of the solicitation. If there is a conflict between the solicitation and the information provided in the answers to the questions, the solicitation governs.

B. Incorporates revised pages 333 and 341 of Exhibit 10 - Contractor Provided Equipment:

1. Page 333 updates Firearm from .40 S&W to 9mm.

2. Page 341 updates PTS devices from 133 tablets to 54 tablets.

C. Page 17 updates the language for Contingency Pricing to remove reference of Exhibit 8

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Marcus L. Mason

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

TEL: EMAIL: (817) 690-1657 marcus.l.mason@fps.dhs.gov x 1

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

PAGE OF

(A) (B) (C) (D) (E) (F)

REFERENCE NO. OF DOCUMENT BEING CONTINUED

70RFP122RE4000006/0003

and Management Approach.

All changes are highlighted in yellow. All revised pages are clipped to this Amendment.

D. The solicitation closing date is extended from June 09, 2023 at 4:00 pm EST to June 13, 2023 at 4:00 pm EST.

E. All other terms and conditions remain unchanged.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SFL PB

Solicitation Number & Name: Federal Protective Service (FPS) Protective Security Officer (PSO) Services throughout South Florida Solicitation Number: 70RFP122RE4000006

1 Attachment 5 CBA Section 2.1 Wage Determination (WD) CBA-2023-139 references Broward and the CBA between Triple Canopy and the UGSOA Intl Union 270 references FPS South Florida. Does the Wage Determination CBA-2023-139 cover all of the Post Exhibit (PE) FPS South Florida locations? If not, could the government provide the additional wage determiations and updated PE with the applicable WD referenced? Yes the CBA covers all othe Post Exhibit locations.

2 Addendum to FAR 52.212-4 Section 04. E. 1. b Page 20 of 484 Please provide on average, historically, the number of TAS hours used annually over the last five years? The requested information will not be provided as it will have not impact on the Government's ability to order TAS requirements. The Government anticipates that approximately 5% of the maximum hours solicited under this requirement will be for temporary additional services.

3 Master Certification List Pg. 271 through 279 Does the incumbent workforce meet all current training and acceptability standards (suitability)? Yes for all PSO's standing posts.

4 Section 14.4 Firearms, Ammunition, and Intermediate Weapons What handgun make, model, caliber, platform and brand is used by the incumbent PSOs? Make: Glock, Model: 22 Gen 4,Caliber: .40 S&W

5 Submission proposal requirements Para 1. 443 of 484 If DHS designates this contract as TS based on FBI's requirement for tier 5 investigation of PSOs servicing its locations, will the government be able to and will sponsor a request for FCL upgrade from Secret to TS upon award? Yes, If the Contractor selected for award does not possess a Top Secret facility security clearance, DHS will sponsor the firm for the facility clearance.

6 Exhibit 10 Pg. 333 Can the government clarify if the required service weapon is to be 9mm or .40cal? Is there an intent to transition to 9mm during the contract term or at contract transition? 1. The requirement is for a 9MM.

7 While the solicitation requests no vehicles, can the government give an estimate of what vehicles (numbers & types) the incumbent is utilizing on the current contract? There are no post requirements for vehicles. Any other vehicles is based upon the offerors proposal strategy and therefore not releasable information.

8 SOW Section 11.3 Pg. 132 Can the government clarify what instructor certifications are currently required? Please reference SOW Section 11: Key Personnel

9 Master Certification List Pg. 271 through 279 Has PIV card log been implemented? PIV dates are maintained by the vendor and included on the MCL

10 SOW Section 4 and Price proposal Para. 5. Pg. 83 and Pg. 449 Are PSOs required to be appropriately licensed by the state? Is Vendor responsible for any state/local training or licensure requirements/costs related to PSO licensure? Yes, PSOs are required to be licensed by the state. Yes, the vendor is responsible for all license, permits etc to provide PSO services throughout the State of AL.

11 Technical Proposal Pg. 444 As the stated award criteria are past performance and cost, is there a requirement to provide a technical plan/approach in our proposal submission? If so, is there any guidance on technical proposal contents, requirements, or format? Any page limitation(s)? 1. No requirement for technical plan/approach.

2. Not applicable.

3. Not applicable.

12 Does the government commit to the approval of completed PSO files within a certain number of days? If so, has the government complied with that goal within the last six months? The incumbent vendor is using TAMS, and any new certifications by the new vendor would not need government approval to be uploaded.

13 SOW Section 6.2 Pg. 99 Does the government require being present at any or all of vendors training/qualification events? If so, does the government commit to being reasonably available when training/qualification events are scheduled FPS shall monitor all firearm qualifications and sign Exhibit 7. The government can observe any contractor provided tranining.

14 Solicitation: Past Performance Questionnaires Pg. 445 Are the past performance questionnaires required, or do they just add to the evaluation? We have experienced occasions where some of our very busy government customers are slow or unresponsive to such requests despite exceptional ratings in CPARS. Past Performance Questionnaires are not required. The Contractor is responsible for ensuring its customer reference returns the questionnaire to the Agency if it wishes the Agency to consider the questionnaire in its evaluation. The Agency is not obligated to follow-up with references to locate questionnaires that have not been received from customers other than FPS.

15 Master Certification List and Post Exhibit Pg. 369 How many guards are needed? Prospective offerors are to formulate their own strategy to determine the number of PSOs required to support this solictation. Please see Attachment 13 Post Exhibit and take into consideration the maximum quantities listed in the bid schedule that the Government may order.

16 Post Exhibit pg. 369 Is this 24/7 protection, if not, what are the hours? Please see Attachment 13 post exhibit for all known post hours.

17 What is the font type requirement for this solicitation? Font type has not been specified

18 Why are the post exhibit hours different than the 1449 price schedule? The post exhibit is a snap shot of the total hours for the most current requirement, the SF1449 schedule is the total amount of hours the government can order. Propective Offerors are to use this information to formulate their own strategy in support of this solicitation.

19 Proposal Submission Requirements pg. 443 - 447 Is there a page limit for the Technical Non-price Volume? If so, what is the page limit? No page limit for Technical Non-Price.

20 Master Certification List Pg. 271 through 279 Is the incumbent workforce trained to the strandards outlined in Section 6.0? Yes, Please see the Master Certification List

22 Is the Post Tracking System (PTS) imlemented on the current contract? If no, when does the government anticipates the implmentation of the PTS? 1. No.

2. At the time PSOs stand post.

23 Is TAMS implemented on the current contract? f no, when does the government anticipates the implmentation of the TAMS? Yes

24 Solicitation: 04. Prices section C. Considering the economic uncertainty and inflation present in the labor market and material supply chain today there is serious doubt concerning price stability during the extended period of contract performance. The uncertainty is industry-wide and outside the contractor's control. The solicitation pricing instructions require the contractor to include both labor and associated material and other costs into one firm fixed labor rate, which increases the economic risk to the contractor even further. The market variables for labor and materials are too unstable to permit a reasonable division of risk between the Government and the contractor. Under the current economic circumstances, would the Contracting Officer consider including the clause at FAR 52.216-4, Economic Price Adjustment-Labor and Material, or the clause at FAR 52.216-5, Price Redetermination-Prospective, or an agency-prescribed clause as authorized in paragraph (a)(2) of FAR 16.203-4? No. Labor is a significant element of this requirement and collective bargaining agreement is incorporated for offerors to consider as part of its bid strategy.

25 SOW, Para 02 Pg 15 If the government is unwilling to include FAR 52.216-4 or -5 in the contract, would the Contracting Officer consider separating the direct labor rate from materials and other ODCs and including the materials and other ODCs on a separate cost-reimbursement CLIN? No. This solicitatioin is based on firm fixed priced hourly rates.

26 Can the government confirm the last Contract Award amount and/or provide the contract number? Current Contract Number:70RFP118DE4000002, Total contract award amout: $104,206,220.58

27 Can the Government confirm that this is the same level of effort of the last/current contract? No, Prospective vendors are to consider in its proposals all associated costs with this solicitation and associated SOW.

28 Addendum to FAR 52.212-4, Para 04, Prices, Sub Para B, Contingency Pricing and Collective Bargaining Agreement (CBA) Pg 16 and Pg. 388 Can the Government confirm if there is a CBA(s) in place for any of the Supervisory positions? If so can we obtain a copy of it? There is no CBA for supervisors.

29 We do not see any Supervision in the Post Exhibit. Typically when it is not included we have to present to you our Management Approach referenced in 12.2.5 PSO Supervision along with the Attachment -Field Level Supervision Exhibit. In the submission directions it does not require this Exhibit or a Management Approach. In the Pre-Proposal Kickoff slides in mentions that First Line Supervisors will be included in the PSO price but we did not see that in the solicitation. We are just confirming that there will be no separate bill rate for Supervision and no Field Level Supervision Exhibit required? There is no requirement for Field Level Supervision Exhibit and there will be no separate bill rate for supervisiion.

30 Please advise the average daily number of open post(s) and open post hour(s) for the time period of January 1, 2023, to April 1, 2023, has report by the incumbent contractor in their daily open post report and monthly meeting to FPS? This information is not relevant in the preparation of an offerors response to the solicitation and is considered the incumbent’s past performance information which is not releasable outside the Government.

31 Are the current PSO staff personnel files currently loaded into TAMS and are they 100% compliant with all TAMS requirements? Yes

32 Please advise the number of ESS hour for the last 2 option years. The requested information will not be provided as it will have not impact on the Government's ability to order ESS requirements.

33 Reference RFP para Proposal Evaluation Information Pg. 442-443. However, there is a disclaimer indicating that the government reserves the right, should they discover an offer representing such high value to the government, to make an award on that offer without reviewing all offers. My understanding is that this means the government will neither review all prices nor all technical proposals in such a case and that they can simply open the bid of a preferred vendor, make an award, and discard other offers. Is this correct? If so, is that in violation of FAR PART 6? The Government will review the total evaluated price of all proposals received. After reviewing the total evaluated price of all proposals received, the Government has discretion to review the technical proposals of the most competitively priced proposals prior to, or instead of, other technical proposals from offerors that are not among the most competitively priced. If one or more of the most competitively priced proposals receive the highest possible adjectival rating, the Government may decide not to evaluate further technical proposals from offerors with higher pricing. This evaluation approach does not violate relevant FAR provisions.

34 FAR 52.212-2 Pg 441 Can you confirm that Past Performance is the only technical factor being evaluated? If so, is this consistent with FAR PART 6 requirement for Fair and Open competition or are there exception clauses that are applicable in this case. Yes, Past Performance is the only technical (non-price) evaluation factor. This is consistent with relevant FAR provisions.

35 Is there an applicable FAR clause that would permit this award to be made as a Direct Award to a Small Business without a further delineation of socio-economic status (WOSB, 8(a), etc.)? In other words, if bids are submitted based only on the SB Set-aside and not a more specific category, and a Direct Award is made based on the disclaimer above, would that not violate FAR Part 6. Market research was conducted and the decision to set this procurement aside 100% Small Businesses is consistent with the FAR.

RFP: 70RFP122RE4000006, PSO Services for South Florida work contemplated to be performed by these Supervisors would not be covered by the Service Contract Labor Standards statute. Therefore, Supervisors are not covered under the Service Contract Labor Standards Statute and increases to Supervisor wages and fringe benefits are not subject to contract price adjustment under FAR 52.222-43. Incorporating supervisory positions into a CBA does not make them covered under the Service Contract Labor Standards statute.

Therefore, the Agency will not provide an adjustment for increases in Supervisor wages and/or fringe benefits, even when such an adjustment is stated in a CBA. Because FAR 52.222-43 does not provide an adjustment for increases in Supervisor wages and/or fringe benefits, offerors are permitted to include escalation in their pricing to account for any anticipated increases in these costs. Offerors are cautioned that if they believe a proposed employee will be performing work such that the employee would be covered by the Service Contract Labor Standards statute, offerors may not include such an employee in their Supervisor count on the Non-PSO Positions portion of the Price Element Breakdown. These sections of the solicitation are reserved for identifying Supervisor employees performing management/supervisory work that are not covered by the Service Contract Labor Standards statute. To the extent that an offeror proposes Supervisor employees in response to the management approach section or Attachment 8 of this solicitation and any of those employees perform Service Contract Labor Standards statute type covered work as opposed to the proposed management/supervisory work such that the employee could be considered a Service Contract Labor Standard statute covered employee, the Agency will consider this a breach of contract and no adjustment will be provided for increased costs for such employees under FAR 52.222-43 or any other contract provision or principle.

The applicable job classification under a DOL prevailing wage determination is Guard II.

In the case of a wage determination based on a predecessor CBA, the applicable job classification may be specified under a different title. If a CBA contains multiple rates for the armed PSO/ guard position, the applicable rate shall be the lowest wage and fringe benefit rates (when combined) identified in the CBA for any armed PSO/ guard position (hereafter referred to as "standard Armed PSO rates"). This rate shall be the minimum wage and fringe benefit rates required to be paid to all armed PSO performing under the contract. Under this contract, FPS is purchasing the services of standard Guard II Armed PSO associated with the standard PSO rates (hereafter referred to as "Standard Armed PSO"). FPS is not purchasing the services of any other type of non-supervisory PSO/guard such as Lead PSO, Lieutenant, Sergeant, Captain, or as identified by any other nomenclature (e.g., Armed PSO levels, numbers, etc.) and tied to higher wage and fringe benefit rates (when combined) in the CBA. Use of such positions in performance of this contract is not consistent with the terms and conditions of this contract. Because FPS is not purchasing services for any position, other than the standard armed PSO position, and use of any other non-supervisory PSO position in performance of this contract is inconsistent with the terms and conditions of the contract, the contractor will not be eligible for any price adjustment predicated on the wages and/or fringe benefit rates for these positions increasing. Such positions will not be permitted to fulfill the

January 2023 Version

17 of484 nfinney

Highlight

Exhibit 10

Contractor-Provided Equipment

The contractor will provide all security officers, including part-time and reserve officers, with their own pistol. Select the firearm that will be used:

D Caliber 9mm

D Caliber .38

Specifications

1. Caliber 9mm

0 Caliber .40 S&W

D

The overall size shall not exceed 7.5" long, 5.5" high, and 1.5" wide and weigh no more than 30

oz. excluding the magazine. The caliber authorized is 9MM and not any larger. The magazines

{three for each pistol) shall hold a minimum of 10 rounds and not more than 17. The pistol must be able to be fired without a magazine inserted into the weapon. The magazine must fall free {unloaded) when the magazine catch is activated. The double action only trigger pull must not weigh more than 12 pounds and not less than 5 pounds. The pistol may be either a traditional double action only or a striker fired design.

The pistol shall have a dark corrosive resistant finish and must be capable of being fired without the manipulation of an external safety or cocking lever. Passively operated grip or trigger safeties are acceptable. The normal function of the pistol shall be double action only. The pistol must be operable by a right or left-handed user. The use of a polymer-framed pistol is acceptable. There is not a requirement for an all-metal firearm.

All safeties must be internal or passive. An inertial interlocked firing pin will be the primary safety to positively prevent movement of the firing pin unless the trigger is pulled completely through its entire length of travel.

The sights must be drift adjustable and be luminous night sights, one {1) dot on the front sight, and two {2) dots on the rear sight, which appear as three (3) illuminated dots when the weapon is held at arm's length. The illuminated dots must not be visible when viewed from the muzzle end of the pistol. The color of the illuminated dots must be green. The illumination materials for the night sight must comply with Nuclear Regulatory Commission standards.

The following pistols are recommended:

• Smith & Wesson M&P 9 MM; 5900 Series in DAO 9MM

• Glock 17 & 19 9MM

• SIGARMS Sigpro 9MM; P226 and P228 in 9MM DAO

Ammunition type is authorized:

• 110- 147 grain Jacketed Hollow Points. {If local statutes permit)

333 of484 x

6. Supplementary Equipment

Exhibit 10

Contractor-Provided Equipment

The Contractor shall furnish the following Post Tracking System (PTS) equipment items for each PSO, post, or location as indicated. Quantity of PTS Tablets is 54 tablets total per the attached Post Exhibit.

Item Description

Operating System Windows 10 Enterprise or Windows 10 Pro MIL-STD-810G, IP52 {minimum, Scratch proof glass {Gorilla

Ruggedization Glass)

Processor Celeron N3050 or better

Display Capacitive Touchscreen with Resolution minimum of 720p

Hard Drive >128 GB SSC

Cellular Data 4G LTE

Ports lx USB 3.0, ls Micro HDMI, SIM Card (for cellular data)

Sensors GPS

Wireless 802.llAC Wireless

Smartcard Reader PIV compliant Smart Card Reader as included as the GSA FIPS (integrated with device or approved Products list/ Omni key 3121 / HID Global/ APL add-on) #3121 / Product #R31210349-1

Battery Capacity Minimum SOT of 4 hours

Biometric sensor (integrated Digital Persona TCETC1FF02 Fingerprint Scan Module with device or add-on)

*Fingerprint Licenses Neurotechnology Fingerprint Client and Neurotechnology Fingerprint Matcher

* PTS requires the use of Neurotechnology VeriFinger (Matcher and Extractor) licenses to support the biometrics authentication via fingerprint.

1. Fingerprint Client License

Qty.

The Fingerprint Client component is a combination of the Fingerprint Extractor, Fingerprint BSS, Fingerprint Segmenter and Fingerprint WSQ components. This license is available for customers using VeriFinger or Mega Matcher SOK.

2. Fingerprint Matcher License

The Fingerprint Matcher performs fingerprint template matching in 1-to-1 (verification) and 1-to-many {identification) modes. Also, the Fingerprint Matcher component includes fused matching algorithm that allows to increase template matching reliability.

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