K9_Q&A_USHMM_RFP_9531-19-R-0800-P0001.pdf

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 items 8 and 15, and returning or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT 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 your 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.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

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

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION

NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

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

15C. DATE SIGNED

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

PAGE OF PAGES

6. ISSUED BY CODE

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

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15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

USHMM RFP #9531-19-R-0800-0001

EDCT Services Q&A

NOTE: The solicitation was developed using the Museum's general security services contract requirements as a template. As a consequence some clauses relevant to the former requirement were retained in error. Offerors are advised that USHMM has determined the following RFP clauses to be inapplicable; the following RFP sections are hereby deleted in their entirety:

● C.3.2.4

● C.6.2 "USHMM Provided Training" (et seq., inclusive of C.6.2.1 through C.6.2.6)

● C.6.3.2 "Supervisor Training"

● C.6.3.8 "Museum Scenario Training"

● C.6.3.9 "Advanced Training"

● G.3.6.3(5)

● G.3.6.3(8)

● G.3.9 "Physical Fitness Standards and Testing" (et seq., inclusive of G.3.9.1 through

G.3.9.5)

Please also note that subcontracting is precluded under the award for the reasons provided below.

All FAR clauses governing the use and treatment of subcontractors under the Contract are therefore inapplicable.

1. RFP Section C.2.1 & F.2.4 - Museum Schedule and Post Orders. Will the customer please indicate how many posts there are per location to be filled?

There is one post per location to be filled, therefore a minimum of two posts (Shapell and Museum/Ross) required.

2. RFP Sections C.2.3.7, F.3.12, G.5.2, L.8.3.5(3), L.8.3.5(4), M.2.3.5 - Please define the use of the term “Captain” as it pertains to this solicitation which requires the posting of one

(1) canine team each per the two (2) locations identified in the solicitation.

USHMM's minimum staffing requirements for this Contract are a Project Manager and handlers sufficient to fill all posts. All references in the RFP to a "Captain" and/or "supervisor" should be read consistently with this context.

3. RFP Section C.2.3.9 - The last two sentences of the section seem to entail a level of paperwork burdensome on the expected staffing. Do you really need this?

We do not. USHMM revises and replaces the section as follows:

RFP Q&A 9531-19-R-0800-0001 Page 2 of 10 published 8/28/2019

C.2.3.9 Incident Reports – Notify the COR immediately of any incident that requires immediate attention and provide the COR with reports which describe, summarize, and record all accidents, unlawful/criminal acts, unauthorized activities, security breaches, security procedures violations or infractions, medical emergencies, alarms, fires, bomb threats, and/or other emergencies which occur on USHMM controlled property or occupied space during duty hours, any unusual circumstances or situations, and any other noteworthy occurrences. An Incident Report shall be completed and submitted by the assigned officer.

4. Section C.3.2.4 states, “The Project Manager shall dress in appropriate business attire.”

Given the acquired services require uniformed security attire, would the Agency consider allowing the Project Manager to dress appropriately for the environment?

No. All EDCT officers/handlers must be in uniform.

5. Section C.5.3.10 states “contractor shall conduct uniform inspections prior to the start of each shift to ensure that (a) Contract employees are well-groomed.” The Request for Proposal requires one team being assigned per shift (day). Does the Agency require the contractor to deploy staff for inspections for such a small team? Although appropriate for a contract with several posts, shifts and personnel, the requirement that the Contractor be available at the start of each shift to conduct uniform inspections is burdensome and unrealistic for small business concerns.

No additional staffing shall be necessary to fulfill this requirement. EDCT officers/handlers remain subject to inspection by the COR and may otherwise self-inspect.

6. Section C.5.4.2 (4) The Project Manager shall make accurate receipt and return entries on USHMM DPS Form 737, Equipment Register (Exhibit 5). Does the Agency require the contractor to deploy staff at the start and end of each shift for a clerical and brief check? The requirement that the Contractor be available at the start and end of each shift to conduct these inspections is burdensome and unrealistic for small business concerns.

No, clerical checks are not required.

7. Section C.6.1.1 States non-hazardous explosive may be substituted for live explosives for purposes of canine training and testing. With the number of studies on the use of “pseudo odors” and canine reliability, would the government consider using only the actual compounds the canines are expected to find? For reference to this question we have attached three studies. We have also attached experts from the publication Canine Olfactory Science and Law, Advances in Forensic Science, Medicine, Conservation and

RFP Q&A 9531-19-R-0800-0001 Page 3 of 10 published 8/28/2019

Environmental Remediation pages 119 and 274.Tadeusz Jezierski, John Ensminger, L.E. Papet April 20, 2016, CRC press. The publication can also be viewed at the following hyperlink:

https://books.google.com/books?id=VOsbDAAAQBAJ&pg=PA274&lpg=PA274&dq=k 9+nestt+aids+vs+actual+aids+studies&source=bl&ots=NEa2Kn-xsC&sig=ACfU3U0H7 bju8ppiSfSevR2qgiWR8RfhZw&hl=en&sa=X&ved=2ahUKEwjQo9aYt4DkAhUKVN8 KHaogBQ44ChDoATAAegQICRAB#v

The position described is the default one taken by the Museum. Note that Section C.6.1.1 precludes substitutions absent the prior, written approval of the COR.

8. Section C.6.1.1 - if the Agency allows non-hazardous explosives does the Agency still require Offerors to comply with the restrictions of Sections C.6.3.7 and G.3.5.9?

The premise of the question is inapplicable; see precedent response. Section C.6.1.1 precludes substitutions absent the prior, written approval of the COR. Offerors are further reminded that consistent with Section G.1.1, any material deviations to the Contract require the prior, written approval of the CO.

9. Regarding C.6.3.2; Is the 12-hour requirement only initially with in-service required every two (2) years or does the 12-hour requirement also apply to in-service training?

The question is moot given the removal of Section C.6.3.2 from the RFP.

10. C.6.3.6 (5) provides guidance on what odors the canine should be trained to alert on.

Water Emulsion Gelatin is no longer being manufactured. Dynamite is not a listed substance. All other odors are either readily available non-ATF regulated substances (soft aids), or odors available in NESTT products. Is it the government’s intention that training and certifying solely on NESTT and soft aids will be acceptable?

USHMM hereby modifies the requirement to substitute detection of Ammonium Dynamite for Water Emulsion Gelatin.

Regarding the acceptability of NESTT certification, note that Section C.6.1.1 precludes substitutions absent the prior, written approval of the COR. Further,

11. Section C.6.3.6 "Canine Certification/Training" - In our view, the handler/dog relationship forms a critical part of performance. Does the Museum have any minimum expectations relative to this?

Yes. USHMM hereby adds the following subclause C.6.3.6(6) as follows:

RFP Q&A 9531-19-R-0800-0001 Page 4 of 10 published 8/28/2019 https://books.google.com/books?id=VOsbDAAAQBAJ&pg=PA274&lpg=PA274&dq=k9+nestt+aids+vs+actual+aids+studies&source=bl&ots=NEa2Kn-xsC&sig=ACfU3U0H7bju8ppiSfSevR2qgiWR8RfhZw&hl=en&sa=X&ved=2ahUKEwjQo9aYt4DkAhUKVN8KHaogBQ44ChDoATAAegQICRAB#v=onepage&q=k9%20nestt%20aids%20vs%20actual%20aids%20studies&f=false https://books.google.com/books?id=VOsbDAAAQBAJ&pg=PA274&lpg=PA274&dq=k9+nestt+aids+vs+actual+aids+studies&source=bl&ots=NEa2Kn-xsC&sig=ACfU3U0H7bju8ppiSfSevR2qgiWR8RfhZw&hl=en&sa=X&ved=2ahUKEwjQo9aYt4DkAhUKVN8KHaogBQ44ChDoATAAegQICRAB#v=onepage&q=k9%20nestt%20aids%20vs%20actual%20aids%20studies&f=false https://books.google.com/books?id=VOsbDAAAQBAJ&pg=PA274&lpg=PA274&dq=k9+nestt+aids+vs+actual+aids+studies&source=bl&ots=NEa2Kn-xsC&sig=ACfU3U0H7bju8ppiSfSevR2qgiWR8RfhZw&hl=en&sa=X&ved=2ahUKEwjQo9aYt4DkAhUKVN8KHaogBQ44ChDoATAAegQICRAB#v=onepage&q=k9%20nestt%20aids%20vs%20actual%20aids%20studies&f=false https://books.google.com/books?id=VOsbDAAAQBAJ&pg=PA274&lpg=PA274&dq=k9+nestt+aids+vs+actual+aids+studies&source=bl&ots=NEa2Kn-xsC&sig=ACfU3U0H7bju8ppiSfSevR2qgiWR8RfhZw&hl=en&sa=X&ved=2ahUKEwjQo9aYt4DkAhUKVN8KHaogBQ44ChDoATAAegQICRAB#v=onepage&q=k9%20nestt%20aids%20vs%20actual%20aids%20studies&f=false

(6) Dogs and handlers who lack at least six (6) months' experience working with one another shall be ineligible for usage on this Contract absent the prior, written approval of the COR.

USHMM likewise supersedes and replaces section E.3.1 (et seq.) with the following (additions shown in red)

E.3.1 A protocol that establishes and enforces K9 maintenance and performance standards, including without limitation:

E.3.1.1 handler recognition and control of canine diseases;

E.3.1.2 familiarity with hygiene requirements and the physical condition of duty dogs;

E.3.1.3 cleanliness of kennel, offices, and all assigned canine areas;

E.3.1.4 regular and emergency veterinarian services; and E.3.1.5 at least six (6) months' handler-canine working relationship

12. Section F.2.3 states Contractor shall retain a minimum of six (3) replacement/ alternate officers, please clarify if it is six or three?

It is three (3).

13. F.2.6 - Given deliverables are transferred electronically and the procured services are performed on the Agency site, can the Agency explain why an offeror must have a valid, working office within a 50-mile radius of the Museum?

This requirement is predicated on Museum's desire for face to face access to management and rapid response capability in the event of an emergency, ensuring the ability to resolve issues quickly and maintain Contractor accountability.

14. Section G.3.5.5 requires a Copy of High School Diploma/GED, or College Degree and DD 214. To obtain a DD 214 the employee would have to have a high school degree or GED. Would the Agency consider removing this redundant requirement?

The question appears premised on a misreading of the clause and is not intended to create a redundant requirement.

15. G.3.6.3 (5) Firearms Qualification - Simulated firearm qualification being required rather than optional, has no value and ads unnecessary expense. This contract calls for staffing to result in one team being assigned per shift (day) at two (2) locations. Will the government consider making this optional rather than required?

RFP Q&A 9531-19-R-0800-0001 Page 5 of 10 published 8/28/2019

Simulated firearm qualification is not required. As indicated at the top, subparagraphs G.3.6.3(5) and (8) are deleted from the RFP. In addition, RFP subparagraphs G.3.6.3(4) and (6) are hereby replaced as follows (inserted language shown in red).

(4) In addition to the SOMB and State of Maryland required annual requalification, USHMM requires two additional annual requalifications at an approved firing range with the duty weapon. Contractor shall advise the COR of the name and address of the SOMB/Maryland-approved range used, prior to Contract employees' qualifications with a firearm. This second annual requalification should take place six (6) months after the SOMB/Maryland-required annual requalification. Each Contract employee shall be limited to two opportunities to qualify/re-qualify respectively for the SPO commission and SOMB within a thirty (30) day period. After a failed second attempt within the thirty

(30) day period, the Contract employee must be removed from the Contract.

(6) Each quarter, Armed Officers shall be required to qualify with live fire at the range. NOTE: The four (4) required qualifications should take place no less than 70 days and no more than 90 days apart respectively from one another.

16. G.7 "Invoices" - Can you please provide some information about the invoicing process for this contract? I understand that the Department of Defense uses the WAWF system for invoicing and when the WAWF invoicing method is used, the Payment Office simply allows the Contractor to state their international banking details on the invoice in the remarks section, and payment to the Contractor is made. Can you confirm that, as long as I state my international banking details on the invoice, then I should receive a wire transfer to my international bank account in order to benefit from speedy, prompt payments as per the Prompt Payments Act?

USHMM prefers to pay by electronic funds transfer and will require any new contractor to complete and submit W9 and ACH forms so that approved payments can be efficiently processed through its financial system.

17. FAR 52.222-54 - I have a question about the Employment Eligibility Verification clause in accordance with 48 CFR Section 52.222-54 in relation to this contract/solicitation stated in the subject above. I am a Foreign Corporation that is considering to bid on the contract noted in the subject. I do not have employees in the United States and my intention is to subcontract 100% of the contract to a US local business. They will not be my employees. There will be no employer-employee relationship as per common law principles between my Foreign Corporation and the United States Subcontractor I choose. I understand the Employment Eligibility Verification clause is a flow down clause and any Subcontractors who have employees must register on the e-verify website. I also understand the Prime Vendor/Contractor must ensure all Subcontractors comply with the Employment Eligibility Verification laws and register

RFP Q&A 9531-19-R-0800-0001 Page 6 of 10 published 8/28/2019 on e-Verify. After studying the scenarios outlined in the following weblink < https://www.e-verify.gov/supplemental-guide-for-federal-contractors-60-subcontracto rs-independent-contractors-and-1>… I believe my Foreign Corporation does not need to register on e-Verify when using the same principles in the above weblink, because when an independent contractor or self employed individual does not have employees, there is no requirement for them to register in e-Verify. And therefore as a Foreign Corporation who does not and will not have employees in the United States, my Foreign Corporation shouldn’t need to register on e-Verify. The help desk on the e-Verify website advised me to contact the Procurement Officer to confirm that e-verify registration is not required given my unique circumstances. Because I am a Foreign Corporation that does not have and will not have any employees inside the United States, does that mean I do not need to register in e-Verify?

The question is moot to the extent that USHMM does not allow subcontracting on its security contracts (including the one contemplated under this solicitation). Subcontracting is precluded hereunder because the lack of direct privity over subcontractor performance can in some cases unacceptably undercut the efficient chain of command needed to address issues and concerns quickly when they arise in order to assure appropriate staffing.

Example: The assigned K-9 officer to work at the Museum does not show up to work. The Museum must seek redress through its prime contractor to deal with the nonperforming subcontractor. During this time no K-9 team is onsite to deal with deliveries and or suspicious items, resulting in an unacceptably less safe and secure environment for Museum staff and visitors. When time is paramount, reliance on subcontracted staff could negatively impact our security efficiency with potentially unacceptable consequences for the Museum's safety and security.

18. RFP Section K.1 - Were these services previously performed under a small business set aside?

No.

19. Section L.1 - Given these services were previously acquired via the GSA Schedule, and E-Buy is available that would have kept the museums security measures confidential (odors canines are trained) why has the Agency chosen to fully compete the same work?

Procurement method is a matter of agency discretion. FAR Part 6.101(a) encourages the use of full and open competition deployed in this instance.

20. RFP Sections L.5b & M.1 -There does not appear to be a mobilization period for this effort. Standard mobilization for the EDCT industry is 60 to 90 days. Please clarify if there is a mobilization period associated with this contract.

RFP Q&A 9531-19-R-0800-0001 Page 7 of 10 published 8/28/2019 https://www.e-verify.gov/supplemental-guide-for-federal-contractors-60-subcontractors-independent-contractors-and-1 https://www.e-verify.gov/supplemental-guide-for-federal-contractors-60-subcontractors-independent-contractors-and-1

USHMM will allow a mobilization period of up to 90 days prior to onset of performance.

Contractor shall be precluded from billing during this period (e.g., until performance can actually get underway).

21. RFP Sections L.8.3.5 Key Personnel Item 3 & Section G.2 - Please confirm that the PM is the only Key Personnel required for submission of a proposal.

Confirmed. The clause has been rewritten as follows:

(3) Offerors shall document the specialized experience level and work history of the individual proposed for Project Manager and provide three (3) references for each of these individuals from other companies or organizations (as concise as possible for all requirements under this paragraph, not to exceed 1,000 words per named Key Personnel).

22. RFP Section L.9.1.1 - “Offerors are encouraged to use the Pricing Schedule Template provided here as Exhibit 2 in their respective Business Proposals.” Exhibit 2 is currently DPS Form 712, Property Accountability Record. Is this intentional or an error? Will USHMM please provide the Pricing Schedule Template referenced?

The Pricing Schedule Template reference is hereby deleted as inapplicable.

23. RFP Section L.9.1.1 - This contract purports to be a Time & Materials/Labor Hours contract which is unusual for these services given the time and materials necessary for the services are very predictable. Can the Agency explain how this contract type corresponds with Section L.9.1.1 “Proposals should also include unplanned overtime costs, uniform and equipment costs, and any other direct costs.”

USHMM does not understand the issue presented as it does not regard the statements to be inconsistent with one another.

24. RFP Section L.9.1.1 - If the Agency wishes to use a Time and Materials model, can Offerors expect to be reimbursed for: (a) The requirement under H.4.2 that Offerors shall maintain an umbrella (commercial general liability) policy with limits of not less than $4,000,000; (b) Simulated firearm qualifications; (c) Training on “1.1” actual explosion odors; and (d) Off-site training?

Pricing is a matter of Offeror business discretion, subject to USHMM cost reasonableness and competitive range determinations. Consistent with Section, L.10, USHMM intends to make a

RFP Q&A 9531-19-R-0800-0001 Page 8 of 10 published 8/28/2019 best value award and reserves the right to request clarifications and/or pursue discussions with one or more Offerors, as is determined to be in USHMM's best interest.

25. L.8.1.2 Explanation of Proposed Methodology has a 1500 Words Limitation - The solicitation is 58 pages, with only 7.5 of those pages being instructions. Being able to adequately describe methodologies and an understanding of the requirements is exceedingly important given that M.3.2 of the solicitation states the pricing proposal has equal weight to the technical proposal. Would the government consider going to a page limitation and allow for enough pages to adequately demonstrate an understanding of the requirements and explain the methodology of delivery of services?

USHMM hereby removes all word limitations, but beware of what you wish for. A rule of reason applies with respect to word count and total pagination. For one thing, our evaluators are human and time constrained. Offerors who bury the needle of material substance in a haystack of noise make that information far more difficult to recognize. For another, we hope to attach the winning proposal to the awarded contract to establish mutual intent regarding performance requirements.

Inclusion of excessive material deemed irrelevant to performance subverts this intent and may necessitate submission of a leaner, revised proposal that delays or even precludes award.

Consistent with RFP par. 7.6 (“Complete Information”), Offerors are encouraged to maximize the information density of their proposals by considering the following aphorisms:

Brevity is the soul of wit.

The formula for a painted picture's worth of words is not commutative.

Poetry is compression, but "Renewal rates for each of the prospective option years shall not exceed the previous year's labor rates plus the percentage increase for U.S. City Average for the most recent twelve month period (Consumer Price Index for All Urban Consumers: Selected Areas, all items index)."

(RFP par. B.2.2, cited here at random for purposes of comic effect).

Notwithstanding the ironic nature of this request, please try to be concise.

26. Section L.8.3.5 (Key Personnel) requires key personnel to be obtained from organizations “of 50 or more persons in a structured work environment”? This contract requires the management of two (2) on duty teams. Would the Agency consider lowering this requirement to prevent preclusion of small business from consideration?

The requirement is hereby revised to read:

RFP Q&A 9531-19-R-0800-0001 Page 9 of 10 published 8/28/2019

Offerors shall document the specialized experience level and work history of the individual proposed for Project Manager and provide three (3) references for each of these individuals from other companies or organizations (as concise as possible for all requirements under this paragraph).

27. Section L.8.3.5 (Key Personnel) includes only Project Managers Supervisors and Captains. We recognize that handlers currently assigned to the project are protected by the service contract act. However, the handler is only half the team. Does the government have an indication that the incumbent contractor is willing to sell the canines to the successful bidder?

USHMM has no information on this one way or the other.

RFP Q&A 9531-19-R-0800-0001 Page 10 of 10 published 8/28/2019

OFFICE OF FINANCE, DIV. OF PROCUREMENT

100 RAOUL WALLENBERG PLACE, SW

DIV. OF PROTECTION SERVICES

100 RAOUL WALLENBERG PLACE, SW