70RFPW22RW9000004 CCA Questions and Answers.pdf

Solicitation 70RFPW22RW9000004, Amendment 0001

Questions and Answers

Question No. Question Answer

1 Would the Government clarify if there will be a pre-proposal conference or site visit? A pre-proposal conference will not be held.

The Statement of Work in Section 5.3.5 states: “Once a completed personnel security package has been received, the standard processing time is generally up to twenty one (21) calendar days, so long as there are no derogatory issues.” For planning purposes, what is the true average processing time for clearances in the last 12 months? If processing time consistently exceeds 60 days, will the Government consider allowing entry on duty with Quick-Checks?

The estimated average processing time of 21 days is based upon the vendor/PSO submitting a fully completed package and having no derogatory issues which will require further analysis.

No, the Government will not consider entry on duty with Quick Checks as such checks are reserved for real world events such as hurricanes, etc. and require pre-approval.

3 Are the incumbents medically qualified under the new SOW? Will new medicals be required for all incumbents during transition?

The incumbent PSOs meet the requirements of the SOW under the current contract.

Yes, medicals will be required for all incumbents during transition.

4 The specified font size is 11pt. Would the Government please allow smaller fonts for graphics and in tables as long as the content is legible? No.

5 When does the Government anticipate the new Post Tracking System (PTS) will become active on this contract?

This is a current requirement of the solicitation and offerors are advised to price their offers accordingly.

The new PTS requirement will become active at the start of contract performance.

6 Would the Government identify which weapon is currently in use on the contract? The incumbent contractor is using a Glock Model 22, .40 caliber S&W.

7 Would the Government please provide the number of TAS and ESS hours performed in each of the last three years?

Historical data will not be provided. The current requirement differs from previous requirements.

8 The Post Exhibit for all posts operating with a M-F, -H schedule reflects 256 work days but we calculated 251 days. Would the Government identify which number of days is correct?

The correct number of days are 250 (New Holiday added). The post exhibit is revised and is included as part of Amendment 0001.

9 How often have the escape hoods been used in the past? Also, would the Government please provide a total number of escape hoods required to perform on this contract.

None, this is a new requirement. It is each vendor's responsibility to examine the requirement and determine the number of Escape Hoods requried to perform this contract. The Government has provided the posts which require Escape Hoods and has noted the Escape Hoods are a one-time use item. It is a business decision for each vendor to determine how to best fulfill the requirement as stated on Page 141 of 553 of the solicitation.

10 Would the Government confirm if TAMS is active on the current contract? If not, when does the Government expect for TAMS to be up and operating on the new contract?

Yes, TAMS is active on the current contract and is expected to be at full operational level on the new contract.

11 Are shotguns required for any posts on this contract? No

12 Will the Government waive the requirement to qualify on PSO’s dedicated weapon as there is a 10-day waiting period before a firearm can be released to a purchaser or transferee? No

13 Is guard mount for the purposes of gear up/gear down or pass down required for any posts specified on the Exhibit 13?

Exhibit 13 does not address gear up/gear down or pass down. Guard mount is not a Government requirement and PSOs should arrive ready to stand post.

14 Will EO 14026, increasing minimum wage for federal contractors, be incorporated in this contract? EO 14026 is incorporated. Reference Page 34 of 553 of the solicitation

Historically, California employers have been subjected to costly wage-and-hour class actions based on the overtime, paystub, meal break, and rest break provisions of the California Labor Code. In 2019, for example, Wackenhut settled a class action for $100M; in 2016, the California Supreme Court upheld a class-action verdict against ABM Security for $90M; and such actions are routinely brought against hourly employers in the state, with defense costs in the millions of dollars. As Federal contractors, are offerors exempt from the wage and hour requirements of the California Labor Code?

No, vendors are subject to the requirements as laid out in the solicitation package and resulting contract.

Clauses, rules, laws, statutes, regulations, etc. as identified within the applicable Collective Bargaining Agreements are applicable with no federal exemption at this time.

California Labor Code Section 510 requires an employer to pay time and a half for all hours over eight in a day, all hours over 40 in a week, and all hours on the seventh consecutive day of work; it also requires double time for all hours beyond twelve in a day and beyond eight on the seventh consecutive day of work. Only a valid collective bargaining agreement in which the employer is a party can waive this requirement, so the existing CBA will not suffice for any but the incumbent. Will the Government compensate bidders for unforeseeable overtime costs during the time between contract start and the execution of a new CBA in which the successful offeror is a party?

No, the Government does not require the use of overtime and as a result it is used at the discretion of each offeror. All compensation is limited to actual productive man-hours and that bill rate shall be inclusive of any overtime the vendor may utilize.

California Labor Code Section 512 requires that every employee must receive an off-duty meal break of at least 30 minutes for every shift over five hours in length. California courts have ruled that “off duty” means completely freed from all responsibility and must not be “on call.” An employee who does not receive such a break must be paid an additional hour’s pay for that shift. The post exhibit shows that many single-man posts do not require relief for breaks. Will the Government allow PSOs at self-relieving posts to clock out midway through the shift and leave the premises, or must the PSO at a self-relieving post remain on call? If the PSO must remain on call, will the Government reimburse the contractor for the additional hour of pay?

PSOs are entitled to any and all breaks as outlined within the applicable CBA(s) and state/federal law. The Government will not reimburse for any additional pay beyond productive man-hours.

PSOs at self-relieving posts do not “clock out”, they must remain on the premises at all times and be on call.

since it is a paid lunch/break. PSOs in the state of California are not permitted to leave federal property (while armed) even when they are on a non-paid lunch/break. They are only allowed off federal property (while armed) during their commute to and from home and work.

The Government will NOT reimburse the contractor for an additional hour of pay for a PSO remaining on call.

California law also requires that every employee must receive an off-duty but paid rest break of at least 10 minutes for every four hours of work or major part thereof. Recent legislation permits the employee to be “on call” during such a break only if covered by a collective bargaining agreement to which the employer is a party. An employee who does not receive such a break must be paid an additional hour’s pay for that shift. Will the Government allow PSOs at self-relieving posts to clock out for rest breaks and leave the premises, or must the PSO at a self-relieving post remain on call? If the PSO must remain on call, will the Government reimburse the contractor for the additional hour of pay?

PSOs are entitled to any and all breaks as outlined with the applicable CBA(s) and state/federal law. The Government PSOs are entitled to any and all breaks as outlined with the applicable CBA(s) and state/federal law. The Government will not reimburse for any additional pay beyond productive man-hours.

California law also requires that employee vacations be vested on a daily basis, as opposed to the Service Contract Act’s requirement that it vest annually. Employees who leave service during the anniversary year must therefore be paid for their accrued but unvested vacation time. Example: An employee with a Service Contract Act anniversary date of June 1 resigns on May 30. Under the SCA, the unvested leave that has accrued since his previous June 1 anniversary date is forfeited, but under California law, all 363 days of accrued daily leave must be paid out. As Federal contractors, are offerors exempt from those requirements?

No, vendors are subject to the requirements as laid out in the solicitation package and resulting contract.

Clauses, rules, laws, statutes, regulations, etc. as identified within the applicable Collective Bargaining Agreements are applicable with no federal exemption at this time.

20 Would the Government define whether or not any of the posts listed on the Exhibit 13 are designated as Lead or Supervisory by Task Order or Post Orders?

The Government is only obtaining services for armed Guard II Protective Security Officers to staff posts identified in the post exhibit. See Page 15 of 553 of the solicitation. No posts are designated as lead or supervisory. Offerors are to propose supervision via the Field Level Supervision Exhibit on Page 501 of 553.

21 Would the Government please provide the "Post Type" specifics for each post listed on Exhibit 13? Yes. The Post Exhibit has been revised and included as part of Amendment 0001.

22 Would the Government please provide the Exhibit 13 in excel format? The updated post exhibit, in excel format, is included as part of Amendment 0001.

Can the government provide the call-in details/instructions for the pre-proposal conference call if one has not already been held?

See response to Question 1 above.

Can the government confirm that the incumbent guard force is carrying the same weapons platform, the S&W .40 caliber handgun, as well as provide the current make and model?

See response to Question 6 above.

Section B of FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (Tailored) on page 507 of the solicitation references a 6-month extension period. Should contractors provide pricing for the 6-month extension period?

No. Reference Page 516 of 553 of the solicitation, Price Proposal, which describes how the 52.217-8 pricing will be evaluated.

Can weapons be stored at any of the sites? If so, please specify which sites will provide space for storing weapons. No.

Will the government provide office space?

Offerors are required to make their own arrangements for office space.

28 Are PTS devices currently being used on the incumbent contract? No.

29 Is TAMs currently being used on the incumbent contract? See response to Question 10 above.

Can the government confirm the total days for each post on the post exhibit are correct? If not, can a revised post exhibit be provided in excel format?

The Post Exhibit has been revised and included as part of Amendment 0001.

Can the government please provide the amount of TAS and ESS hours that were ordered during the last two option periods of the incumbent contract?

See response to Question 7 above.

Are the employee qualification standards on the existing contract the same as on the solicitation and if not, what are the differences?

All employee qualification standards, A through F, are the the same as the incumbent contract.

Can the Government confirm offerors are to provide a certified statement of current Secret/Top Secret Facility Clearance?

If so, can the Government update the Attachment 9 Proposal Checklist to include this requirement?

A Secret or top secret clearance is not currently required.

We are interested to submit a response to Solicitation Num-70RFPW22RW9000004 for Armed PSOs. We do not posses Secret Clearance/Top Secret Clearance at the moment and wanted to check if we are still eligible to submit a response to the Solicitation

A Secret or top secret clearance is not currently required. Your company may submit a proposal.

Can the Government advise, prior to proposal submission, whether it intends to evaluate past performance among all evaluated offers individually or in the aggregate?

No. As stated in the solicitation, "The Government reserves the right to evaluate submitted projects individually or in the aggregate in order to determine relevance and will do so consistently across all evaluated offers." Reference Page 510 of 553.

Can the Government please confirm if CPARS can be submitted in lieu of PPQs?

Past Performance Questionnaires are not required;

however, vendors are reminded Past Performance is the most important evaluation factor. As a result, it is recommended that vendors consider providing information which will assist the Government's understanding of their capabilities, which can include Past Performance Questionnaires. CPARS along with any other available information may be considered.

Reference Page 511 of 553.

37 Can the Government please supply the Post Exhibit in excel format? See response to Question 22 above.

Can the Government provide the name of incumbent contractor, prior contract award amount, and period of performance?

Triple Canopy is the incumbent contractor. We cannot provide any pricing information on the incumbent contract as the information is proprietary. The current contract covers the period from February 1, 2018 through January 31, 2023.

What is the government's estimated budget for services provided under this solicitation? The estimated budget is over $100,000.00

Is there a post exhibit available? See response to Question 22 above.

41 Is it possible to obtain an excel version of the Post Exhibit? See response to Question 22 above

Solicitation Q&As