70RFPW23RW9000001 Amendment 0001 - signed 072623.pdf

07/26/2023

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E. Page 437 provided in the solicitation is hereby deleted and replaced with the updated Page 437 of 480,(Amendment 0001, Page 8 of 15), Proposal Submission Requirement, Paragraph to address email size limitation is 25 MB.

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CA0267 2500 PASEO INTERNACIONAL SAN DIEGO 7 N/A HSPD‐12 NO 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0267 2500 PASEO INTERNACIONAL SAN DIEGO 8 XRAY HSPD‐12 NO 06:00 22:00 MON‐FRI EXCL H 8 250 2000 1 CBP CA0267 2500 PASEO INTERNACIONAL SAN DIEGO 9 XRAY HSPD‐12 NO 06:00 22:00 MON‐FRI EXCL H 8 250 2000 1 CBP CA0267 2500 PASEO INTERNACIONAL SAN DIEGO 10 XRAY HSPD‐12 NO 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0505 200 E 1ST STREET CALEXICO 1 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0505 200 E 1ST STREET CALEXICO 2 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0505 200 E 1ST STREET CALEXICO 3 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0505 200 E 1ST STREET CALEXICO 4 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0505 200 E 1ST STREET CALEXICO 5 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0505 200 E 1ST STREET CALEXICO 6 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0505 200 E 1ST STREET CALEXICO 7 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0507 1699 CARR RD CALEXICO 1 N/A HSPD‐12 NO 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0507 1699 CARR RD CALEXICO 2 N/A HSPD‐12 NO 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0507 1699 CARR RD CALEXICO 3 N/A HSPD‐12 NO 00:00 08:00 SUN‐SAT INCL H 8 365 2920 1 CBP CA0507 1699 CARR RD CALEXICO 4 N/A HSPD‐12 NO 16:00 24:00 SUN‐SAT INCL H 8 365 2920 1 CBP CA0088 325 WEST F STREET SAN DIEGO 1 N/A HSPD‐12 NO 06:00 10:00 MON‐FRI EXCL H 4 365 1460 1 FPS CA0805 405 TECATE ROAD TECATE 2 N/A HSPD‐12 NO 06:00 14:00 SUN‐SAT INCL H 8 365 2920 1 CBP CA0805 405 TECATE ROAD TECATE 3 N/A HSPD‐12 NO 02:00 10:00 MON‐FRI EXCL H 8 250 2000 1 CBP CA0805 405 TECATE ROAD TECATE 4 N/A HSPD‐12 NO 10:00 18:00 MON‐FRI EXCL H 8 250 2000 1 CBP CA7843 509 INDUSTRY WAY IMPERIAL 1 XRAY HSPD‐12 NO 06:30 16:30 MON‐FRI EXCL H 10 250 2500 1 USCIS CA7843 509 INDUSTRY WAY IMPERIAL 2 XRAY HSPD‐12 NO 06:30 16:30 MON‐FRI EXCL H 10 250 2500 1 USCIS CA6949 4560 VIEWRIDGE AVENUE SAN DIEGO 1 XRAY HSPD‐12 NO 06:00 18:00 MON‐FRI EXCL H 12 250 3000 1 DEA CA7304 2815 SCOTT STREET VISTA 1 N/A HSPD‐12 NO 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 DEA CA7304 2815 SCOTT STREET VISTA 1 N/A HSPD‐12 NO 08:00 16:00 MON‐FRI EXCL H 8 250 2000 1 DEA CA6925 2409 LA BRUCHERIE RD IMPERIAL 1 N/A HSPD‐12 NO 07:30 17:00 MON‐THU EXCL H 9:30 207 1966.5 1 EOIR CA6925 2409 LA BRUCHERIE RD IMPERIAL 2 N/A HSPD‐12 NO 07:30 17:00 MON‐THU EXCL H 9:30 207 1966.5 1 EOIR CA6925 2409 LA BRUCHERIE RD IMPERIAL 3 N/A HSPD‐12 NO 07:30 16:00 FRI EXCL H 8:30 52 442 1 EOIR CA6925 2409 LA BRUCHERIE RD IMPERIAL 4 N/A HSPD‐12 NO 07:30 16:00 FRI EXCL H 8:30 52 442 1 EOIR CA7075 8810 RIO SAN DIEGO DRIVE SAN DIEGO 1 XRAY HSPD‐12 NO 05:15 13:15 MON‐FRI EXCL H 8 250 2000 1 VA CA7075 8810 RIO SAN DIEGO DRIVE SAN DIEGO 2 XRAY HSPD‐12 NO 06:45 14:45 MON‐FRI EXCL H 8 250 2000 1 VA CA7075 8810 RIO SAN DIEGO DRIVE SAN DIEGO 3 XRAY HSPD‐12 NO 09:00 17:00 MON‐FRI EXCL H 8 250 2000 1 VA CA7075 8810 RIO SAN DIEGO DRIVE SAN DIEGO 4 XRAY HSPD‐12 NO 10:30 18:30 MON‐FRI EXCL H 8 250 2000 1 VA

RFP 70RFPW23RW9000001, PSO Services for San Diego, CA Amendment 0001 Revised Exhibit 13, Post Exhibit ATTACHMENT 1

REVISED POST EXHIBIT

REVISED Page 247 of 480

CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 1 N/A HSPD‐12 NO 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 2 N/A HSPD‐12 NO 06:00 18:00 MON‐FRI EXCL H 12 250 3000 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 3 N/A HSPD‐12 NO 00:00 24:00 MON‐FRI EXCL H 24 250 6000 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 4 N/A HSPD‐12 NO 06:00 18:00 MON‐FRI EXCL H 12 250 3000 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 5 XRAY HSPD‐12 NO 06:00 18:00 MON‐FRI EXCL H 12 250 3000 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 6 N/A HSPD‐12 NO 00:00 24:00 SUN&SAT INCL H 24 115 2760 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 7 N/A HSPD‐12 NO 18:00 06:00 MON‐FRI EXCL H 12 250 3000 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 8 N/A HSPD‐12 NO 08:15 17:00 MON‐FRI EXCL H 8:45 250 2187.5 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 9 N/A HSPD‐12 NO 06:00 18:00 MON‐FRI EXCL H 12 250 3000 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 10 N/A HSPD‐12 NO 08:00 16:00 MON‐FRI EXCL H 8 250 2000 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 11 N/A HSPD‐12 NO 06:00 18:00 MON‐FRI EXCL H 12 250 3000 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 12 N/A HSPD‐12 NO 07:00 15:00 MON‐FRI EXCL H 8 250 2000 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 13 N/A HSPD‐12 NO 07:00 15:00 MON‐FRI EXCL H 8 250 2000 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 14 XRAY HSPD‐12 NO 07:00 15:00 MON‐FRI EXCL H 8 250 2000 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 15 N/A HSPD‐12 NO 07:00 17:00 MON‐FRI EXCL H 10 250 2500 1 FPS CA0167 880 FRONT STREET/221 WEST BROADWAY SAN DIEGO 16 N/A HSPD‐12 NO 07:00 17:00 MON‐FRI EXCL H 10 250 2500 1 FPS CA7239 2345 SOUTH 2ND STREET EL CENTRO 1 NON XRAY HSPD‐12 NO 08:30 16:30 MON‐FRI EXCL H 8 250 2000 1 IRS CA6921 ONE CIVIC CENTER DRIVE SAN MARCOS 1 NON XRAY HSPD‐12 NO 08:30 17:00 MON‐FRI EXCL H 8:30 250 2125 1 IRS CA7879 10385 VISTA SORRENTO PARKWAY SAN DIEGO 1 N/A TOP SECRET NO 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 FBI CA7879 10385 VISTA SORRENTO PARKWAY SAN DIEGO 2 N/A TOP SECRET NO 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 FBI CA7879 10385 VISTA SORRENTO PARKWAY SAN DIEGO 3 N/A TOP SECRET NO 07:00 17:00 MON‐FRI EXCL H 10 250 2500 1 FBI CA0316 333 WEST BROADWAY SAN DIEGO 1 N/A HSPD‐12 NO 18:00 06:00 MON‐FRI EXCL H 12 250 3000 1 FPS CA0316 333 WEST BROADWAY SAN DIEGO 2 N/A HSPD‐12 NO 00:00 24:00 SUN&SAT INCL H 24 115 2760 1 FPS CA0316 333 WEST BROADWAY SAN DIEGO 3 N/A HSPD‐12 NO 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 FPS CA8435 1325 FRONT STREET SAN DIEGO 1 XRAY HSPD‐12 NO 06:00 18:00 MON‐FRI EXCL H 12 250 3000 1 USCIS CA8435 1325 FRONT STREET SAN DIEGO 2 XRAY HSPD‐12 NO 06:00 18:00 MON‐FRI EXCL H 12 250 3000 1 USCIS CA8435 1325 FRONT STREET SAN DIEGO 3 N/A HSPD‐12 NO 06:00 18:00 MON‐FRI EXCL H 12 250 3000 1 USCIS CA8435 1325 FRONT STREET SAN DIEGO 4 N/A HSPD‐12 NO 06:00 18:00 MON‐FRI EXCL H 12 250 3000 1 USCIS CA8435 1325 FRONT STREET SAN DIEGO 5 N/A HSPD‐12 NO 06:00 18:00 MON‐FRI EXCL H 12 250 3000 1 USCIS CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 1 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 2 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 3 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 4 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 5 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 6 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 7 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 8 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 9 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 10 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 11 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP

RFP 70RFPW23RW9000001, PSO Services for San Diego, CA Amendment 0001 Revised Exhibit 13, Post Exhibit

REVISED Page 248 of 480

CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 12 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0337 720 EAST SAN YSIDRO BLVD SAN DIEGO 13 N/A HSPD‐12 YES 00:00 24:00 SUN‐SAT INCL H 24 365 8760 1 CBP CA0621 235 ANDRADE ROAD WINTERHAVEN 1 N/A HSPD‐12 NO 22:00 06:00 SUN‐SAT INCL H 8 365 2920 1 CBP CA0621 235 ANDRADE ROAD WINTERHAVEN 2 N/A HSPD‐12 NO 22:00 06:00 SUN‐SAT INCL H 8 365 2920 1 CBP CA6912 2055 SANYO ROAD SAN DIEGO 1 N/A HSPD‐12 NO 07:00 19:00 MON‐FRI EXCL H 12 250 3000 1 DEA CA5939 401 WEST A STREET SAN DIEGO 1 N/A HSPD‐12 NO 09:00 17:00 MON‐FRI EXCL H 8 250 2000 1 DOJ CA8066 525 B STREET SAN DIEGO A N/A HSPD‐12 NO 08:00 16:30 MON‐FRI EXCL H 8:30 250 2125 A OHO CA7851 626 L STREET CHULA VISTA A N/A HSPD‐12 NO 08:30 17:30 MON‐FRI EXCL H 9 250 2250 A SSA CA7851 626 L STREET CHULA VISTA B N/A HSPD‐12 NO 08:00 17:00 MON‐FRI EXCL H 9 250 2250 A SSA CA7005 846 ARNELE AVE EL CAJON A N/A HSPD‐12 NO 08:45 16:45 MON‐FRI EXCL H 8 250 2000 A SSA CA7005 846 ARNELE AVE EL CAJON B N/A HSPD‐12 NO 09:00 17:00 MON‐FRI EXCL H 8 250 2000 A SSA CA7658 2160 S. EL CAMINO REAL OCEANSIDE A N/A HSPD‐12 NO 08:45 16:45 MON‐FRI EXCL H 8 250 2000 A SSA CA7272 367 VIA VERA CRUZ SAN MARCOS A N/A HSPD‐12 NO 08:30 17:00 MON‐FRI EXCL H 8:30 250 2125 A SSA CA7257 7961 UNIVERSITY AVE LA MESA A N/A HSPD‐12 NO 08:45 16:45 MON‐FRI EXCL H 8 250 2000 A SSA CA7467 8505 AERO DRIVE SAN DIEGO A N/A HSPD‐12 NO 08:45 16:45 MON‐FRI EXCL H 8 250 2000 A SSA CA8278 3007 N IMPERIAL AVE EL CENTRO A N/A HSPD‐12 NO 08:45 17:00 MON‐FRI EXCL H 8:15 250 2062.5 A SSA CA7377 1333 FRONT STREET SAN DIEGO A N/A HSPD‐12 NO 08:45 17:00 MON‐FRI EXCL H 8:15 250 2062.5 A SSA CA7377 1333 FRONT STREET SAN DIEGO B N/A HSPD‐12 NO 08:45 16:15 MON‐FRI EXCL H 7:30 250 1875 A SSA CA8426 700 E 24TH STREET NATIONAL CITY A N/A HSPD‐12 NO 08:15 17:15 MON‐FRI EXCL H 9:00 250 2250 A SSA CA8426 700 E 24TH STREET NATIONAL CITY B N/A HSPD‐12 NO 07:45 16:45 MON‐FRI EXCL H 9:00 250 2250 A SSA CA6992 4181 RUFFIN ROAD SAN DIEGO A N/A HSPD‐12 NO 05:00 20:00 MON‐FRI EXCL H 15:00 250 3750 A MEPS CA6992 4181 RUFFIN ROAD SAN DIEGO B N/A HSPD‐12 NO 05:00 20:00 MON‐FRI EXCL H 15:00 250 3750 A MEPS CA7177 8808 BALBOA AVE SAN DIEGO N/A HSPD‐12 NO 07:00 17:00 MON‐FRI EXCL H 10 250 2500 A US NAVY CA7220 2300 BOSWELL ROAD SAN DIEGO N/A HSPD‐12 NO 07:00 17:00 MON‐FRI EXCL H 10 250 2500 A US NAVY

RFP 70RFPW23RW9000001, PSO Services for San Diego, CA Amendment 0001 Revised Exhibit 13, Post Exhibit

REVISED Page 249 of 480

RFP 70RFPW23RW9000001, PSO Services for San Diego, CA Amendment 0001, Page 6 of 15

Revised Page 16 of 480

ATTACHMENT 2

position. FPS is not purchasing any services outside the scope of Standard Armed PSO services at any location or post. Therefore, post specific wage and fringe benefit rates identified in a CBA based wage determination represent compensation for a level of service outside the scope of what FPS is purchasing under this contract. Therefore, post specific premiums will not create a right to a price adjustment.

NOTE: Nothing in this section prevents the contractor from paying standard armed PSOs more than the Standard Armed PSO rate. However, because the government is purchasing only Standard Armed PSO services no other rates will be incorporated into the contract as required minimum wages or fringe benefits. Therefore, no other rates will give rise to a price adjustment.

Notwithstanding the foregoing, FPS is purchasing the services of Top Secret (TS) cleared armed guards. The contractor will be eligible for an SCA price adjustment in accordance with FAR 52.222-43 for rates specific to TS guards contained in a Wage Determinations based on a CBA.

Notwithstanding the foregoing, this contract will be for Standard Armed PSO services at more than one geographic location. The geographic locations coved by this contract are

Geographic Area Applicable Wage Determination San Diego, and Imperial Counties of California WD-2022-0246, Rev 1 CBA: United Federation of LEOSUCA-PBA Local 52

The applicable Standard Armed PSO rates for each geographic area identified in the table above shall be the lowest wage and fringe benefit rates (when combined) identified for the armed PSO position in the corresponding wage determination as identified above.

C. Service Contract Act (SCA) Base Year Wage Adjustments

1. FAR 22.1012 specifies the applicability of revised wage determinations to solicitations, contracts, and modification. If the Government incorporates a new wage determination(s) into the solicitation/contract that is applicable to the base year services after the date stated in the solicitation for submittal of proposals, the awardee/contractor is permitted to submit a request for a price adjustment to reflect increases to the minimum wages or benefits for SCA covered employees caused by the incorporation of the new wage determination. The price adjustment will be calculated in accordance with the same criteria prescribed in FAR 52.222-43, except as noted in section 2 of this clause.

Accordingly, any adjustment is limited to:

a) the contractor’s actual increase or decrease in applicable wages and fringe benefits, as described in FAR 52.222-43(d) to the extent that the increase is made to comply with the revised wage determination;

April 2023 Version

Amendment 0001

Amendment 0001, Page 7 of 15

REVISED Page 56 of 480

ATTACHMENT 3

7. This clause shall be included in subcontracts for the critical deliverables [services].

FAR 52.204-7 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117- 328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

Amendment 0001, Page 8 of 15

REVISED Page 437 of 480

ATTACHMENT 4

the highest possible technical adjectival rating. This would occur when the Contracting Officer determines that one or more of the technical proposals already reviewed is of such a level of quality that it would not be in the interest of the Government to incur cost beyond the price of the technical proposals already reviewed.

Proposal Submission Requirements

1. The resulting contract requires access to classified information. Offerors shall possess

Top Secret facility clearance prior to the date and time established for PSO’s to begin standing post. PSO’s shall begin standing post on (insert date and time). If the

Contractor selected for award does not possess a Top Secret facility security clearance, DHS will sponsor the firm for the facility clearance. If a sponsored Contractor does not receive the required facility clearance prior to the date by which PSOs are to stand post, DHS may employ appropriate contractual remedies, up to and including termination of the contract. Offerors shall document within their proposal whether or not they possess the required facility clearance.

2. Standard Form 1449, Solicitation/Contract/Order for Commercial Items – When responding to this RFP the Contractor must use the Standard Form 1449 as a cover page to the proposal. All pages of the SF1449 must be completed to include the Pricing

Schedule, which details all CLINs, quantities, unit prices and extended prices.

3. Proposals shall be comprised of TWO (2) separate electronic files. The first file shall contain one (1) copy of the technical (non-price) submission. The second file shall contain one copy of the pricing submission and all other documents required by the solicitation (e.g. the SF 1449 to include the Pricing Schedule, Price Element Breakdown, Disclosures, Representation & Certifications, Subcontracting Plan (if applicable), etc.).

Both of these files should clearly identify the RFP 70RFPW23RW9000001 for which it is being submitted. The Price Element Breakdown shall be submitted in Excel Format.

Offerors are reminded to submit files one and two via email to: westccg@fps.dhs.gov;

and cc: Dolor.E.Alegrado@fps.dhs.gov, and Paul.Metzger@fps.dhs.gov. Proposal submissions containing links to SharePoint or similar sites will not be accepted.

4. Page Limitation-Excluding the cover page, table of contents, past performance project forms

(attachment 3), past performance questionnaires (attachment 4), field level supervision exhibit

(attachment 8), teaming agreement, teaming narrative or narrative demonstrating an affiliate’s meaningful involvement, the technical proposal (covering all non-price factors) is limited to fifteen (15) pages in at least 11pt. font and 1” margins. Pages in excess of this limitation will not be evaluated. The pages excluded from evaluation will be at the discretion of the Agency. The email size limitation is 25 MB. However, Offerors can submit separate emails (e.g. 1 of 2) to complete their submission; if additional document is necessary.

5. Contractors are informed that it is the Government’s desire to make award on initial proposals when deemed possible by the Contracting Officer, however the Government reserves the right to communicate and/or negotiate with offerors if later determined

April 2023 Version

ATTACHMENT 5

ANSWERS TO INDUSTRY QUESTIONS

1. The Proposal Submission Requirements limits the Technical Proposal to fifteen (15) pages with text of "at least 11-point font." Will the Government allow Offerors to use a reduced font size 10pt in tables and 8pt for graphics as long as it is legible?

No - Refer to Proposal Submission Requirements, Section 4, Page Limitation, Page

437.

2. Exhibit 6 identifies the Training / Qualification required by this FPS San Diego contract.

However, the provided table of Exhibit 6 omits Item 5. Will the Government please update Exhibit 6 - List of Required Training & Certifications to accurately identify all

Items and their respective Training / Qualification?

No, an update to Exhibit 6 is not required. There is no Item #5, it was intentionally omitted.

3. 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 twelve (12) months? If processing time consistently exceeds sixty (60) days, will the Government consider allowing entry on duty with Quick-Checks?

The estimated average processing time of 21 calendar 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 routinely consider entry on duty with Quick Checks as such checks are reserved for real world events such as hurricanes, etc. and require pre-approval.

4. Section 5.2.2. Pre-Employment & Recurring Physical / Medical Examinations: Must every incumbent undergo then submit to the Government the results of an updated medical examination? Must medical examinations be complete prior to the end of the transition period?

The incumbent PSOs meet the requirements of the SOW under the current contract. In accordance with SOW 5.2.2.1, Incumbent PSOs shall undergo a medical and physical examination every five (5) years to continue working on any

FPS PSO contract. It is the responsibility the vendor to ensure each PSO meets the requirement of the SOW before they stand post under the new contract.

5. Will the Government host an in-person and/or a virtual pre-award site visit / conference?

If so, will the Government provide to the offerors Power Point slides of the pre-award site visit / conference?

No pre-award site visit or conference will be held. All applicable information related to this solicitation is posted to SAM.gov for all interested vendors.

6. The Post Exhibit assigns 366 Annual Work Days to several posts. The period of performance for contract start shows as 5/1/2024. Would the Government clarify if the

Annual Work Days is correct or should be 365?

Amendment 0001 revises Exhibit 13, Post Exhibit. Please refer to Amendment 0001.

With the performance of the Base Period from 5/1/2024 through 4/30/2025, the annual working days should be 365.

7. The Post Exhibit does not include the operating days for each post. Would the

Government please provide the operating days for each post to include if holidays are required or not?

Amendment 0001 revises Exhibit 13, Post Exhibit with Post Days added. Please refer to Amendment 0001.

8. Would the Government provide the Post Exhibit in Excel format please?

Amendment 0001 revises Exhibit 13, and provides the Post Exhibit in Excel format.

Please refer to Amendment 0001.

9. 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?

The contractor is required to comply with applicable Federal, State, and Local laws.

Further, contractors are also required to provide at least minimum wage and fringe benefits identified in the applicable Service Contract Labor Standards CBA wage determinations to service employees.

Offerors are not exempt from complying with any applicable state laws. The RFP, FAR 52.212-4(q), which states that the contractor “shall comply with all applicable

Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.”

10. 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.

The contractor will only be permitted to bill the fixed bill rates proposed on the

Price Schedule and incorporated into the contract for productive man-hours, as stated in RFP Page 23 of 480, Paragraph 10B. Payments. The fixed bill rates shall be inclusive of all costs, inclusive of consideration for staffing requirements such as the incurrence of overtime, meals, or breaks, etc.

11. 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?

The Contractor is required to provide any and all breaks as outlined within the applicable CBA(s) and to comply with applicable Federal, State, and local laws. The

Government will not reimburse for any additional pay beyond billable post hours.

PSOs at self-relieving posts do not “clock out”, they must remain on the premises at all times and be on call. If PSOs go on break outside of self-relieving status, contractors need to price the associated costs into their bill rates. The Government will NOT reimburse the contractor for an additional hour of pay for a PSO remaining on call. Contractors will only be permitted to bill the fixed bill rates proposed on the price schedule and incorporated into the contract for productive man-hours on post (Reference Page 23 of the RFP, Section 10B. Payments). The fixed bill rates shall be inclusive of all costs, inclusive of consideration for staffing requirements such as the incurrence of overtime, meals, or breaks, etc. 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.

12. 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?

See answer to question 11.

13. 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?

See answer to question 9

14. 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.

15. SOW Section 7.4.1 Training Academy Management System (TAMS): Are TAMS currently implemented on the incumbent contract?

Yes.

16. SOW Section 9.5 Post Tracking System (PTS): Is PTS currently implemented on the incumbent contract?

Yes.

17. Contractor Provided Equipment: What handgun make, model, caliber, platform and brand is used by the incumbent PSOs?

The incumbent contractor is using a Glock Model 22, 40 caliber S&W.

18. Contractor Provided Equipment: Are pump action shotguns required on any posts? If so, what posts?

No.

19. How do the post hours on this subject RFP compare to the incumbent contract?

The post hours on this RFP differ from post hours of the incumbent contract. The new requirement has greater hours than the incumbent contract.

Please be advised that this is an indefinite delivery, indefinite quantity type contract, and task orders will be issued for the actual known service requirements based on the post requirements at that time. The current, known service requirements are provided for informational purposes only. Please see page 14 of the RFP, Section 03.

Maximum Quantities.

20. Is the contract currently fully staffed?

The Government can’t answer questions in relation to the incumbent contractor’s performance or staffing.

21. Proposal Submission Requirements: Is there a email size (MB or GB) limitation? Or an individual attachment size l limitation?

Amendment 0001, Attachment 4, revises Page 437 of 480 of the solicitation, Proposal

Submission Requirements, Section 4. Yes, the email size limitation is 25 MB.

However, Offerors can submit separate emails (e.g. 1 of 2) to complete their submission; if additional document is necessary.

22. Incumbent Contractor: Who is/are the incumbent contractor(s)?

Paragon Systems, Inc.

23. Current Contract Number(s): What is/are the contract number(s) for all contracts incorporated into this solicitation?

Current Contract: 70RFPW18DW9000003.

24. CBA 10.4, Page 394, Vacation Accrual: In this section of the Collective Bargaining

Agreement, it states that each employee's vested but unused vacation time shall be paid to the employee upon the employee's anniversary date. Question - in our proposal, how are we to calculate the number of unused vacation hours for which we are responsible to pay to any employee? When will this information be provided?

The Seniority List is referenced as being on pages 429-434 of the RFP. The

Seniority List is a snapshot of a point in time for PSOs working on the current contract, and as this is a fixed price contract, Offerors need to estimate vacation to account for potential variables and include all costs in their bill rate. It is at the

Offeror’s discretion how to include in its pricing.

25. CBA - 11, Section F, Page 396, Health and Welfare Benefits: What is/are the effective rates for Riverside, San Bernardino, San Diego, and Imperial Counties for January 1, 2023?

Refer to Attachment 5, RFP Page 371 of 480- MOA to the CBA on page 371 of the

RFP, only the San Diego and Imperial Counties rates are applicable to this RFP.

See page 371 of the RFP for rates effective January 1, 2023

Refer to Amendment 0001 - Page 16 of 480 of the RFP is revised to correct counties

From: California counties of Riverside, and San Bernardino

To: San Diego, and Imperial Counties of California

26. CBA - 12, Section F, Page 397, Health and Welfare Benefits: It is understood that the

Union is presently looking into developing a Union sponsored 401k and medical plan.

Question - has this happened or still under consideration? What is the Union requirement and costs negotiated exceed the current Health and Welfare Benefits to be paid? Will the winning contractor be reimbursed the difference between the information contained in the

CBA attached to the RFP and the new, negotiated rates for the 401K and Medical Plan?

The Government is not aware of updates to Union sponsored 401k and medical plan. Keep in mind that the Contractor is required to pay the minimum Health and

Welfare rates set forth in the CBA but how it is paid out is not covered by the

Service Contract Labor Standards (formerly Service Contract Act). As this is a fixed price contract, the Offeror needs to consider this in their pricing. See also

Addendum to FAR 52.212-4 Contract Terms and Conditions—Commercial

Products and Commercial Services pages 15-19 of the RFP, 04. Prices, A.3., B.

Contingency Pricing, and C. Service Contract Act (SCA) Base Year Wage

Adjustments.

27. CBA-13 Page 401, Grievance, Mediation, and Procedure: At the time when the winning contractor assumes responsibility for the contract, there may be open grievances that require mediation and/or arbitration? Who is responsible for any costs or mediation and/or arbitration, and who is responsible for payments to the employee if an award it made to the employee? How can we calculate contingency costs like these in our bid?

The Collective Bargaining Agreement is by and between the Contractor and the

Union. The Government will not intervene to labor disputes, arbitration, or negotiations between the contractor and the union. Grievance, Mediation, and

Procedure are not covered by the Service Contract Labor Standards (formerly

Service Contract Act) and therefore not incorporated in the resulting contract. See also Addendum to FAR 52.212-4 Contract Terms and Conditions—Commercial

Products and Commercial Services pages 15-19 of the RFP, 04. Prices, A.3., B.

Contingency Pricing, and C. Service Contract Act (SCA) Base Year Wage

Adjustments.

The Government will not reimburse the contractor or adjust the contract price for costs related to mediations, arbitrations, or any other procedures related to employee grievances. Offerors are responsible for determining how to calculate these costs in their proposals.