A-09-036 Amendment 4.pdf

OMB Approval 2700-0042

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 215

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

0004 3/19/2010

6. ISSUED BY CODE DO/MAK/JMC 7. ADMINISTERED BY (If other than Item 6) CODE U.S. Department of the Treasury Procurement Services Division c/o Treasury Office for Asset Forfeiture 1341 G Street, N.W., Suite 900 Washington, DC 20005

8. NAME AND ADDRESS OF CONTRACTOR (No. Street, county, State and ZIP: Code) (4) 9A. AMENDMENT OF SOLICITATION NO.

A-09-036 x 9B. DATED (SEE ITEM 11)

1/19/2010

10A. MODIFICATION OF CONTRACT/ORDER NO.

TIN DUNS 10B. DATED (SEE ITEM 13)

CODE 0GS16 FACILITY CODE

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. Offerors 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 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 ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATA 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 data specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

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

(4) 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: Mutual consent of contracting parties.

D. OTHER (Specify type of modification and authority)

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

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

The purpose of the amendment is as follows:

1) To extend the proposal submission date and time to no later than 11:00 AM ET April 5, 2010,

2) To provide answers to questions submitted by potential offerors,

3) Provide revised versions of Sections A, B, C, L, and M of Solicitation A-09-036, and

4) Provide revised versions of Attachments J.12, J.16, J.19, and J.20 of Solicitation A-09-

036.

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

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

(Signature of person authorized to sign)

BY _____________________________________________

(Signature of Contracting Officer)

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.243

A B C D E Page # in the original RFP released on Jan.

20, 2010

Section and Paragraph # or Attachment

Question/Comment Recommended Change or Supplemental Information Requested

Response from Treasury

General What is the small business standard for this Solicitation? Please clarify. See Section K.1 of the RFP for the size standard.

B B How many service orders does the Government anticipate that it will issue per CLIN per contract year?

There is no Government (Govt) specific anticipated number of task orders to be issued per CLIN per contract year. The number of task orders to be issued per CLIN per contract year is anticipated to be based upon the applicable workload. The historical workload is provided in the RFP for informational purposes, and does not represent future workload. Workload (i.e., number of seizures or blocking actions and size of seizures or blocking actions) varies annually.

B B Will a separate service order be issued for each seizure? A separate task order may be issued for a block of seizures or blocking actions, a single seizure or blocking action, or for all required services throughout a specific duration of time depending on the CLIN and the circumstances.

B CLINXX03 CLINXX03 requests per mile pricing, without differentiating between the pricing for hazardous material versus the pricing for transporting hazardous waste.

We recommend that the government modify the CLIN to allow for pricing the transportation of hazardous material separate from the pricing of transporting of hazardous waste.

The RFP remains the same; there is no change to

CLINXX03.

B-1 B.1 Per Clause B.1 the contract award will be made as an IDIQ hybrid contract. Is this anticipated to be a multiple award contract or all inclusive to one Contractor?

The Government intends to issue a single award; the Government does not intend to issue multiple awards.

See also Section L.7.

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Response from Treasury

B-1 B.3 Section B.3, Paragraph 2 indicates “Any prices or costs not specifically linked to a particular CLIN by express “RFP Reference” in Clause B.4 below shall be included in CLIN XX01.” CLINs XX11 , XX12 and XX13 reference Section C.3.6. Are these CLINS (XX11, XX12 and XX13) to be inclusive of all items referenced under Section C.3.6 not covered under CLIN XX05, specifically the requirements of Section C.3.6.3?

Please clarify The fourth column from the left in the table in Section B.4 sets forth the general RFP reference for the applicable CLIN, but the entire column does not address all of the required work to be performed pursuant to this procurement. Section B.3, Paragraph 2 expressly indicates that offerors shall include any and all prices and costs for required work that is not expressly specifically covered by other CLINs (including optional CLINS) into the Offerors Firm Fixed Pricing for the Management and Administration CLINs (i.e., 0001, 0101, 0201, etc.). See also the task description and RFP Reference for CLIN XX01 set forth in the table in Section B.4. See also the answer 2 rows below this one.

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Response from Treasury

B-1 B.3 CLIN XX04 (part 4) asks for pricing to operate a Govt- Furnished Centralized Storage Facility beginning in Option Yr 4.

Is it correct to assume that only Local and Specialty Storage is required in the Laredo area from Transition Period through Option Yr.

3?

No. "Specialized" storage facilities (see Section C.3.6.3), which are different from either "local" storage facilities (see Section C.3.6.4) or a Centralized Storage Facility (CSF) (see Sections C.2.5 or C.3.6.1), will be required in all periods near or in the Laredo area. The pricing for Specialized Storage is requested under CLIN XX06 - Nationwide Specialty Storage on a per pallet per day rate. "Local Storage - Central Region" (as that phrase is used in Section B.4) will be required prior to when a Govt-leased CSF near Laredo is available for Contractor use & storage of General Property. When a Govt-leased CSF near Laredo is available for Contractor use & storage of General Property, "Local Storage Nationwide" (as that phrase is used in Section B.4) may be required at the request of the Seizing Agency in accordance with Section C.3.6.4. Finally, as noted in CLINs XX04 and XX05, while the Contractor shall perform the operation of the warehouse activities of the Govt's designated CSF near Laredo in Option Period 5 or any other subsequent option period (if exercised), the Government may exercise Optional CLIN XX05 at any time prior to that requiring the Contractor to operate a Govt designated CSF near Laredo, which would eliminate the need for "Local Storage - Central Region" storage (see Section C.3.6.4).

Note that there is no Optional CLIN for Contractor- Furnished CSF near Laredo.

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Response from Treasury

B-1 B.3 CLINs XX11 , XX12 and XX13 reference Section C.3.6.

Are these CLINS (XX11, XX12 and XX13) to be inclusive of all items referenced under Section C.3.6 not covered under CLIN XX05, specifically the requirements of Section C.3.6.3?

See Section B.3 - Paragraph 3.

Please clarify. Does the Govt want a Contractor-Furnished or a Govt- Furnished Centralized Storage Facility during the first five performance period….or neither?

As stated in the Statement of Work, one of the objectives is to procure support for the transition of most General Property that is seized or blocked personal property into bulk Govt-leased CSFs, if available, & the contracted management & operations of these CSFs. Optional CLINs XX11, XX12 & XX13 are for Contractor-Furnished CSFs in CA, NJ, & FL if the Govt cannot furnish Govt-leased CSFs in such respective areas & exercises the applicable Optional CLIN. Note that if the Govt exercises any of these Optional CLINs, such that there is a Contractor- Furnished CSF under any resultant contract, then such Contractor-Furnished CSF will be deemed the "Centralized Storage Facility" for that general geographic location until a Govt-leased CSF for that general geographic location is available for Contractor use & storage of General Property. As stated in the task descriptions set forth in Section B.4, each of these CLINs is for all work related to providing & operating a Contractor-Furnished CSF that is not already covered (& priced) under CLIN XX04. See Section B.3 for information as to when the Govt may exercise these Optional CLINs, but note that once a Govt-leased CSF is available for Contractor use & storage of General Property in a specific general geographical area, the Govt has no intention of continuing to exercise, in any subsequent period of performance, the respective Optional CLIN for a Contractor-Furnished CSF in that respective geographic area.

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Response from Treasury

B-2 B.3 Under Section B, Paragraph B.3 CLINS on page B.2, CLINs XX07 & XX08 are identified as Cost-Plus-Fixed- Fee (CPFF) CLINs & as such shall be inclusive of all allowable costs & a fixed fee. Further, B.3 states that fixed fee does not vary with actual cost, but may be adjusted as a result of changes in the work performed under the contract.

CLINs XX07 & XX08 indicate that the unit of measures is for all work for the duration of the applicable period of performance & only identifies a workload multiplier as a quantity of one (1). Based on an expectation that there would be an indefinite amount of work performed under these CLINs, the data provided seems to be inadequate to ensure an equal playing field for cost comparison. For example, under CLIN XX07, at a minimum, the Government should provide the number of vessels and average days in storage in order to ensure contractors are evaluated on the basis of comparing daily costs per vessel.

Recommend the Government provide the number of vessels and average of days in storage in order to ensure contractors are evaluated on the basis of comparing daily costs per vessel.

Additionally, that the Government revise the workload multiplier and unit of measure to define an expected quantity so that the contractors can be compared on the basis of their proposed unit values vice potentially disproportionate expectations of quantity or the Government provide a plug number.

(a) The historical workload is provided in Attachment J- 21, see Vessel Storage and Vessel Maintenance Tabs for informational purposes, and does not represent future workload. (b) See FAR 16.306(a) for clarification. The workload multiplier is "1 lot". The Offeror should propose an estimated annual cost and fixed fee based upon its analysis of the historical data provided for informational purposes. (c) As the Cost Estimate is being developed by each Offeror, the assumptions on which the Cost is based shall be provided in the Offeror's response.

B-14 CLIN XX03 Will the Government please clarify if it is their intent for Offeror’s to propose wait time charges as defined under C.4.3.3 under CLIN XX03, Transportation, Wait Time at enroute inspection station or wait time at storage lot at a fixed rate per 30 minute block?

The intent is for Offeror's to propose a fixed loaded rate for a block of up to 30 minutes. The Fixed Rate would include the cost of the crew and the vehicle. For storage facilities, a block of waiting time cannot begin until the Contractor's crew has provided the facility's staff a 15 minute grace period to get them to their designated bay/dock and to begin the unloading or loading operations. For enroute inspection stations (e.g., agricultural inspection stations, ICE/CBP inspection stations, weigh stations), the 30 minute clock begins upon check-in with the inspectors and ends at the conclusion of the inspection.

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B-14 CLIN XX03 Please clarify that the RFP reference under this CLIN should read C.4.3.3 vice C.4.4.3.

Correct, the RFP reference for Task Description "Wait Time at Enrout Inspection Station or Wait Time at Storage Lot" under this CLIN should read C.4.3.3. See Section B, which has been updated.

B-28 & C Section B CLIN X008 is CPFF while the SOW states this is a ceiling percentage based on sales. Should not the Section B indicate a Fixed Percentage instead of CPFF?

Please clarify. CLIN X008 is CPFF. See Section C, which has been updated to show that this is a CPFF CLIN.

B-28 & J CLIN XX09

AND J.12-01 –

J.12-11

CLINs XX09 are listed as Firm Fixed price for the disposition of hazardous and non hazardous material/waste. Including recycling. The cost is determined by type of material/waste and method of disposition. The current CLINs do not allow for this variance.

We recommend that the government move from Fixed Rate to a cost-plus pricing model to ensure accurate quotes are prepared and pricing is in line with type of waste and method of disposal/recycle. If the government decides not to move this CLIN to cost plus, we suggest that the government provide for subcategories based on waste type, correlating to the applicable DOT codes.

There is no change to the RFP. CLINs XX09 remains as originally issued.

B-29 through B-

CLINs XX10 and XX11

Conversion Costs. CLINs XX10 and XX11 require Offerors to propose conversion costs per pallet. In order to accurately calculate the costs associated with the transportation for moving these pallets, the Offeror will require the total weight of all pallets currently in storage at each warehouse.

The historical workload figures for "Pallet Equivalents" were based on a standardized 40" x 48" x 60" pallet configuration. Each "Pallet Equivalent" can be made up of a different number of boxes, bags, cartons, etc.

containing materials of different density. The Govt will not provide total weight data; the Govt has not collected total weight data on all pallets currently in storage at each warehouse.

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Response from Treasury

B-32 Section B, CLIN XX11

OPTIONAL - Contractor Furnished Facility Near Riverside, California, Task Description Provide and operate a Contractor-Furnished Centralized Storage Facility for operations that are not already covered under CLIN XX05, RFP Reference C.3.6. A reference is made to CLIN XX05 and C.3.6, yet CLIN XX05 does not reference C.3.6, and its task description Operation of Warehouse Activities of the Government's designated Centralized Storage Facility specifically near Laredo, TX mentions Laredo, TX not Riverside CA. Should CLIN XX11 reference CLIN XX05, with different RFP Reference and locations?

Please clarify. CLINs XX11, XX12, and XX13 should reference CLIN XX04, not CLIN XX05. Section B has been updated.

CLIN XX04 is for the operation of a Centralized Storage Facility near a particular city. CLINs XX11, XX12, and XX13 are for such facilities themselves, if the Govt exercises the optional line items requiring the contractor to furnish facilities.

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B-38 B.5 Travel Under Section B, B.5 Travel, states Travel expenses shall only be applicable to Cost-Plus-Fixed-Fee work performed under the contract. The prices of all task orders and CLINs issued on a Firm Fixed Price or Fixed Rate per Unit of Measure Price basis under the contract shall be inclusive of any travel. Additionally, under Section C.2.8, travel related to day-to-day internal Contractor operations, including to Quality Control and inventory visits to storage sites where General Property is located, to disposition sites, & to performance evaluation or coordination meetings at TEOAF will not be reimbursed by the Government. Under Section G, G3 Agency Contracting Officer Representative (ACOR) Responsibilities, empowers ACORs to issue & execute disposition orders/travel. Essentially ACORs (field representatives) are obligating travel absent sufficient controls to protect the Offeror. Given the fact that travel related to disposition orders will be at the discretion of as many as 400 ACORs combined with the fact that most travel expenses are impacted by the volatile cost of fuel (more than a 200% increase in cost since 2000), it will be difficult for offerors to accurately price travel expenses for a ten year period under a fixed price CLIN.

Since the resultant contract will have a ten year period of performance, we recommend the Government add a cost reimbursable CLIN to capture all Travel Expenses incurred against the resultant contract.

The Offeror should propose firm fixed prices or fixed rates for each period of performance based on their assumptions for needed escalations, if any. It is correct that it is the responsibility of the Offeror to adequately resource its management oversight and quality control program, including travel costs, in its fixed prices for CLINs XX01 and XX04. ACORs will be delegated very specific roles and responsibilities to issue Service Orders, but not to order travel separately. All direct and indirect costs must be built into the Offeror's Fixed Rate and Fixed Price CLINs.

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B-38 B.5 Travel Since the resultant contract will have a ten year period of performance, we recommend the Government add an Economic Price Adjustment (EPA) Clause that would be applicable to the Transportation CLIN? Transportation costs are primarily driven by fuel costs which are highly volatile and beyond the control of any contractor. Several FAR clauses provide guidance for the use of an EPA Clause in Contracts. FAR 16.104(f) states that one of the many factors that the contracting officer should consider in selecting and negotiating the contract type is period of performance. Specifically, this clause states “In times of economic uncertainty, contracts extending over a relatively long period may require economic price adjustment terms.”

We are certainly in times of economic uncertainty and ten years is a long period for Government service contracts.

[See the next two rows for a continuation of this question.]

Recommend the Government add an Economic Price Adjustment (EPA) Clause that would be applicable to the Transportation CLIN

The Offeror should propose firm fixed prices or fixed rates for each period of performance based on their assumptions for needed escalations. Offerors may bid an escalation on their Fixed Rates (e.g., per mile loaded rate) from contract year-to-year in their proposal and to offer the Govt a discount if "cost increases" incurred by the Contractor are lower than projected in a given contract year.

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Continuation of Previous Question re:

B.5 Travel

[Continued from the preceding row.] FAR 17.106-1(b) states “Given the longer performance period associated with multi-year acquisition, consideration in pricing fixed-priced contracts should be given to the use of economic price adjustment terms and profit objectives commensurate with contractor risk and financing arrangements.” FAR 16.203-2 states that a fixed-price contract with economic price adjustment may be used when “there is serious doubt concerning the stability of market or labor conditions that will exist during an extended period of contract performance”. This clause goes on further to state that “price adjustments based on labor and material costs should be limited to contingencies beyond the contractor’s control.” The primary cost of transportation is clearly beyond the contractor’s control. [See the next rows for a continuation of this question.]

See the preceding row for the answer.

Continuation of Previous Question re:

B.5 Travel

[Continued from the preceding two rows.] We envision that an EPA Clause would allow the contractor to adjust the Transportation CLIN mileage rate(s) and CLINs with associated travel costs based on an appropriate cost index.

A suggested cost index, for the purpose of price adjustment, is the “Retail On-Highway Regular Grade Gasoline Prices” posted on the Energy Information Administration Website as contained in http://tonto.eia.doe.gov/oog/info/gdu/gasdiesel.asp, as published by the U.S. Dept of Energy.

See two rows above for the answer.

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B-38 Section B, B.7 Section B, B.7, page 38; discusses "Performance Incentives"… Question....Will the contractor be allowed to see a draft of the Government's evaluation and subsequent reduction of the contractor's invoice and have the ability to meet with and discuss any mistakes or disputes in the Government's analysis?

In accordance with Section B.7, the Govt will provide written notice to the Contractor if the Govt determines that a performance requirement element was not met and apply the deduction amount to the next invoice it receives. The Contractor can resolve issues related to invoices in accordance with Section G.16, Invoice Dispute Resolution for the Contract.

C &/or J C &/or J Will the Government release sales by year, by product category, and by sales method to include: (a) gross sales proceeds and (b) # of auction lots for the categories listed:

Please clarify. A new Tab ("Sales by Commodity") was added to Attachment J.20. See Attachment J.20, which has been updated. The Govt will not provide gross sales proceeds & number of auction lots for each of the categories listed.

C &/or J C &/or J Will the Government release a listing of all third-party appraisals for the past three years to include: type of asset (e.g. jewelry, coin, vehicle, heavy equipment, etc.), identity of appraiser, cost of appraisal, and appraised value of asset

Please provide a detailed listing if all third-party appraisals for the past three years.

The Govt has provided historical data for informational purposes about the historical types of appraisals that have been required by commodity type. The Govt will not provide the complete listing of appraisals by type of asset, identity of appraiser, cost of appraisal, and appraised value of asset.

C &/or J C &/or J What significant factors currently known to Treasury may cause future sales (in terms of gross proceeds or auction lot volume) to be higher or lower in the future? (e.g.

responsibility for the sale of certain assets will be transferred to a different government agency away from the Contractor, etc.)

Please clarify. The Govt cannot speculate on future events. The historical data on dispositions by all types (sales, destruction, etc.) has been provided for informational purposes. The Govt is not aware of transferring the responsibility of the sale for any commodity from the Contractor to a Government agency.

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C & J C & J Are there assets under Treasury Seized & Forfeited that will be sold under another third party contract? If so, which assets are affected? When will that contract expire?

What is the gross proceeds and auction lot volume of those assets in calendar years 2009, 2008 and 2007? Property Type codes for pharmaceutical are not listed in Property Codes Listing tab of Historical General Property Workload, please provide all missing codes.

Please clarify. (a) No property seized under this contract will be sold under a third property contract. (b) Vehicles seized by CBP with a value of $10,000 or less seized in the Southwest Border States (CA, AZ, NM, and TX) are stored and auctioned off by a separate contractor, however such vehicles are not within the scope of this procurement. (See Section C.1.3.5.2) (c) The Property Code for pharmaceuticals is DRG.

C &/or J C &/or J Please provide a list of all adverse incidents during the past three years indicating the date, location, and nature of the incident, the dollar amount of loss, damage or theft, and the resolution of the incident.

Please provide a detailed list of all adverse incidents during the past three years.

A listing of typical types of adverse incidents is provided in Section C.1.5.5. The historical rate and detailed list of all adverse incidents incurred in the past three years will not be provided. The Offerors should concentrate on demonstrating how their own internal quality control procedures have and will minimize adverse incidents.

C.9 C.1.3.4.1 This paragraph states that in the Management Solution Plan “The Management Solution/Plan shall include Standard Operating Procedures (SOP) for each management and functional area covered under the Contract keyed to this SOW.”

Are the SOPS required in this section to be submitted with the Management Solution/Plan submitted with the proposal? Or are they to be included in the updated Plan submitted during transition?

If SOPs are to be included with the proposal, are they included in the page limit? If so this will require significant pages to meet this requirement.

Do not require the submission of Standard Operating Procedures (SOP) for each management and functional area, covered under the Contract keyed to this SOW, at the time of proposal submission.

See Section L, which has been updated to require only a not -to-exceed 10 page document containing summaries of all proposed SOPs be submitted with Offerors' proposals. Full SOPs will not be required as part of an Offeror's proposal. Full versions of all SOPs shall be due after award. See also Section C.1.3.4.3 for description of post-award deliverable. This not-to-exceed 10 page SOP summary document is not included in the page count for Volume II(B).

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C.10 C.1.3.4.3 Are the SOPS required by this paragraph to be submitted with our original proposal submission? If so are they included in the 70 page limit for Part B?

This could be hundreds of pages of SOPS and to include them in the 70 page limit will make it impossible to address the requirements of Part

If required to be submitted with initial proposal please exclude them from the 70 page limit

See Section L, which has been updated to require only a not -to-exceed 10 page document containing summaries of all proposed SOPs be submitted with Offerors' proposals. Full SOPs will not be required as part of an Offeror's proposal. Full versions of all SOPs shall be due after award. See also Section C.1.3.4.3 for description of post-award deliverable. This not-to-exceed 10 page SOP summary document is not included in the page count for Volume II(B).

C.17 C.1.5.4.2 Does the government require all letters of complaint to include incomplete, anonymous, etc.?

Yes, the Contractor shall investigate and report all letters of complaint. The Government will decide whether the Complaint is without merit.

C.17 C.1.5.4.2 Does the government intend to allow agency personnel to file letters of complaint with the Contractor without the knowledge of the COTR or Agency managers?

Ideally, a Letter of Complaint from an ACOR or an Agency-liaison should be sent to the COTR for an initial review first. If the letter goes directly to the Contractor, a copy shall be forwarded to the CO and COTR for their files.

C.17 C.1.5.5.1 Does the government want the reports broken down by agency. i.e. only IRS will see incidents pertaining to IRS?

Yes, correspondence about adverse incidents should be segregated by agency and distributed to the COTR, the CO, and appropriate ACOR (for the Agency that seized or blocked the item).

C.17 C.1.5.5.2 In addition, RFP leaves ICE out of this section as a separate unit.

See Section C.1.5.5.2, which has been updated.

C.17 C.1.5.5.2 Is ICE part of CBP in regards to this reporting requirement? If not, what are the reporting requirements for ICE?

ICE is not part of CBP in regards to this reporting requirement and has been added. See Section C.1.5.5.2, which has been updated.

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C.18 C.1.5.6 Disaster Recovery/COOP: The contractor will conduct regular DR exercises in conjunction with Government testing of their enterprise disaster recovery plans. What is the government’s definition of regular exercises? How often?

There are two central pieces to this exercise requirement. The first is to at least annually test and evaluate the Contractor's processes for successfully storing and utilizing up-to-date back-up data regarding General Property under its control, such as its inventory control records, workload and transaction data files, and the SEACATS data. The second is to demonstrate at least annually where the Contractor would acquire new storage facilities, move property from damaged local, specialty, or centralized warehouses, and set-up new operations, etc. in minimal time. The Offeror should propose a schedule of exercises in their DR/COOP Plans.

C.18 C.1.5.6 This section does not provide due dates for the DR or COOP plans or if initial plans are required with the proposal.

Please provide due dates. See Attachment J-16, TE 1.0-001 REPORTS AND DELIVERABLES LISTS (RDL). The DR/COOP is due to the COTR with the Risk Management Plan during the Transition/Phase-In Period.

C.19 C.1.5.7 The 1st paragraph states that the updated MMP plan must be submitted, “w/in 120 calendar days of the start date of the during Transition/Phase In period.”

Please specify if the updated MMP is due 120 calendar days after startup of Transition.

See Section C.1.5.7 and Attachment J-16, TE 1.0-001

REPORTS AND DELIVERABLES LISTS (RDL),

which have been updated. The draft MMP is due within 120 calendar days from the official start date of the Transition/Phase-In Period and the Final MMP is due to COTR within 10 business days of Contractor's receipt of Government comments.

C.19 C.1.5.7 The 1st paragraph also states that the CO-approved MMP will be made part of the contract.

Please clarify if this means that the contract will not be finalized until sometime during the Transition period.

The contract will be definitized at award. As post-award deliverables are submitted, reviewed, and approved by the Government, the CO will modify the contract to incorporate deliverables into the contract as necessary.

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C.19 C.1.6.1 This section states that all personnel designated to work on this contract must have passed a police agency wants/warrants review and the new DHS /SSA E-Verify I- 9 Status Screening System prior to their commencement of any contract related work.

Who will be responsible for the cost of processing these individuals’ security clearances?

The cost of the clearances and related human resources support shall be borne by the Contractor. The costs for these activities must be included in the Offeror's Fixed Price or Fixed Rate pricing.

C.21 C.1.6.4.2, Bt-3;

C.1.6.4.2, Bt-4

“Keys shall be kept in a lockable container made of at least 26-guage steel.” and “ All keys are maintained in a key box …”

How will contractor employees be able to enter the facility? Do in-house CBP personnel also get a key and do their room build-out keys have to be stored in the lock box as well?

The Govt will authorize the Contractor's facility manager/supervisor at each of the Centralized Storage Facilities to have a key to their respective building(s).

The only facilities with "in-house" CBP personnel will be Govt-Leased CSFs. CBP personnel will not have a separate set of keys & will only be at these facilities when they are open for normal business operations.

C.23 C.1.7 Since the leases will become under government control, will the responsibility for implementing and enforcing the safety requirements be the responsibility of the government?

The Contractor will be responsible for executing its approved Safety and Security Plans regardless of what entity provides the facility. If Govt Furnished Facilities are made available, the Contractor would be responsible for alerting the COTR or the local designated GSA facility representative about potential safety hazards, e.g., GSA-leased building system or structure malfunctions, install system or equipment breakdowns, etc., which would be outside the control of the Contractor to repair directly. Finally, note that the only leases that will be under Govt control will be the Govt leased CSFs.

C.23 C.1.7.2 Emergency Notification – The requirement for the contractor to notify the government 30 minutes from the time Project Personnel witness the event does not take into account that personnel may not be able to immediately call the contractors management staff.

Emergency notification should be required within 30 minutes from Contractor Management receiving the call from project personnel.

Notification from contractor’s employee to management is done as soon as possible i.e. when it is safe to do so.

The requirement remains the same; see Section C.1.7.2.

The Contractor is required to operate a 24 hour a day contact mechanism for use by customers. If Project Personnel witness an event, they can contact their supervisor or their Call Center (or dispatcher) to relay a message up the proper channels.

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C.23 C.1.7.4 Accident reporting: accident involving personal injury to CO within 24 hours of accident’s occurrence. Question:

Does the government want notification on every injury? Or every accident?

All accidents and injuries to Project Personnel operating under this contract shall be reported.

C.27 C.2.2.1 Will equipment identified as having met or exceeded its life expectancy be required to be accepted in order to replace it or will the government identify these items at inventory?

As stated in C.2.2.1, "The Government will not replace any GFP items that the Contract elects not to accept…"

C.28 & C.17 C.2.2.4 & C.1.5.5.2

This section [C.2.2.4] states that the loss of GFP shall be reported to the CO as an adverse incident (AI) immediately, but Section C.1.5.5.2 (page C.17) states that the AI will not be included in the statistical reporting.

Please clarify if the contractor is to report the AI but not include in the statistical reporting.

Correct, the contractor is to report such an AI (a.k.a.

loss of GFP) to the Govt, but such AI shall not be included in the statistical report referenced in Section C.1.5.5.2. The Statistical Report referenced in Section C.1.5.5.2 is for tracking of adverse incidents related to Seized/Blocked general property and conveyances that have been consigned to the Contractor. The Govt.

needs to know about all adverse incidents when they occur, but only those related to consigned items shall be included in the statistical report referenced in Section C.1.5.5.2.

C C.2.5 We would like a clarification of the meaning of line 10 of C.3.6 Government‑Leased Facilities, starting with "The Government may exercise such Option(s) until." [Note that the correct SOW reference for this provision is actually C.2.5.]

As stated in the Statement of Work, one of the objectives is to procure support for the transition of most General Property that is seized or blocked personal property into bulk Govt-leased CSFs, if available, & the contracted management & operations of these CSFs. In the event that certain Govt-leased CSFs are not available, the Govt may exercise optional CLINs for Contractor-Furnished CSFs as stated in the RFP. This is discussed in various places throughout the RFP, including but not limited to Section B.3.

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C.30 Section C C.2.6.3 and C.2.6.4

Section C C.2.6 3 and 4. Will the contractor have access to and be required to update SEACATS in each of the Contractor or Government provided centralized facilities or just at the HQ office?

This depends on the Offeror's technical approach (see Sec. L). The Govt is offering to provide and install, at no charge, a number of secured SEACATS terminals.

C.30 and C.31 C.2.6.4.2 “The contractor shall include an alternative data entry protocol in its contingency plan to respond to power or SEACATS terminal outages” The SOW contains no further references to a, “Contingency Plan,”

Should bidders include this material in the COOP?

Yes, this material should be included in the DR and COOP Plans, as appropriate. Please see Section C.2.6.4.2, which has been updated. The contractor shall include an alternative data entry protocol in its Disaster Recovery and COOP Plans, as appropriate, to respond to power or SEACATS terminal outages.

C.31 Section C.2.6.6.5

Section C.2.6.65 page 31. Will the Government provide specific requirements for the use and update of Documentum as it relates to how much-many transactions or scanning of materials into the system is required?

1) Documentum is GFE, and, as such, Contractors are not required to utilize this item.

2) Documentum is a Government-licensed document imaging software.

3) The Government has no specific requirement for scanning of materials. The Contractor should state, in its proposal, what role, if any, imaging software would have in its technical solution.

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C.31 Section C.2.6.6 The RFP states that the Contractor shall operate and maintain a Government-approved Inventory Control and Management Information System (ICMIS) for tracking the General Property (including conveyance items) consigned to any GFF or Contractor-furnished storage facility…”.

Under the existing Treasury General Property contract, the incumbent contractor built a ICMIS system named “Prism” using GFE (Everest and Documentum licenses as shown in Attachment J-19 Technical Exhibit 2.6-001 “government furnished Equipment List”). The incumbent also completed the design, development, implementation, enhancements, and ongoing operation of the Prism system during the execution of the existing contract. Given the above, with the Prism system being developed under the current contract (including ongoing maintenance and enhancements), does the government consider, in addition to the user licenses for Everest and Documentum, the “Prism” system to be considered GFE for this recompetition, per Section H.11 Government right in Automated and Manual Systems, Procedures, and Documentation.

Recommend that the government state that the Prism system will be considered GFE or state that the existing ICMIS is contractor–owned proprietary software. After award and during the transition phase-in, will the winning contractor be provided access to the current ICMIS system “Prism” to ensure that all functionality and property data residing in the Prism system can be moved to the contractors proposed system?

See the revised Attachment J.19 (SOW TE 2.6-001 Government Furnished Equipment List), which shows that the PRISM servers and the Everest Software and Licenses will be GFE.

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C.31 Section C.2.6.6 Assuming that the government determines that the Prism system is GFE, can the government provide information on the current functionality of the existing ICMIS and in what areas the current ICMIS does not meet the new Section C SOW requirements?

1) Recommend that the government specifically state in the amendment what areas the existing Prism system meets and what where the existing Prism system falls short in the current Section C SOW requirements. 2) Additionally, it should be stated that the contractor for this procurement should state how they plan on enhancing the Prism system to meet on-going requirements as listed in the RFP that the Prism system is currently unable to provide.

1) PRISM currently meets all of the requirements listed in Section C.2.6.6.

2) PRISM is GFE, and, as such, Contractors are not required to utilize this item. If the Contractor chooses not to utilize the PRISM GFE, then the Contractor shall provide a ICMIS that meets the requirements of Section C.2.6.6 and any enhancement the Contractor plans to include during the period of performance of the resultant contract. Regardless of whether the Contractor chooses to utilize the PRISM GFE, the Contractor must meet the requirements set forth in Section C.2.6.6.

C.31 C.2.6.8.1 Repair/ Replace: Please confirm this does not include the government IT equipment.

Contractors are not responsible for repair/replacement of government IT equipment

That is correct, the Contractor is nor responsible for repair/replacement of Govt IT equipment; however the Contractor shall notify the COTR immediately upon discovery of any breakdown or security compromise of GFE IT units. See Section C.2.6.8, which has been updated.

C.33 C.2.7.1 “The Contractor shall take photos of General Property for non-sales/marketing purposes only by direction of the

ACOR.

Does this preclude the Contractor from taking photos of General Property during seizures and prior to storage when considered strategic?

Yes, this precludes the Contractor from taking photos of General Property during seizures and prior to storage unless such photos are taken at the direction of the ACOR. Photos should only be taken for sales/marketing purposes, i.e., for sales catalogs/brochures, unless authorized by the ACOR.

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C.33 C.2.7.4 Training: Is there a limit on the total number of contractors who can be trained and have access to

SEACATS?

Yes, there is a limit on the total number of Project Personnel to whom the Govt will provide SEACATS training. As stated in Section C.2.7.1, the Govt will provide training on the use of SEACATS for up to ten Contractor Project Personnel. Note the definition of Project Personnel. The Contractor may train additional staff as needed, however the Contractor is still responsible for compliance with Section H.4.2, which requires any Project Personnel who will or may require access to SEACATS or will or may have responsibility for the work performed using SEACATS to favorably pass the applicable investigation and possess an appropriate level Public Trust Certification from CBP.

C.33 C.2.7.4 “The government will provide training on the use of SEACATS for up to ten Contractor project personnel

Will the Contractor then be limited to ten SEACATS stations for the life of the contract?

The number of SEACATS stations provided by the Govt will be dependant on the technical solution provided by the Contractor. The Govt does not limit the Contractor to ten SEACATS stations for the life of the contract; the Govt only limits the number of Contractor Project Personnel it will train to use the terminals.

C.38 C.2.8, C.3.6.3 Para 3,4, These paragraphs discuss the requirement for providing vehicle storage facilities (with Level I-IV maintenance capabilities) within 40 miles of USA border locations listed in Attachment J.16.

Will the government permit an alternate response demonstrating another solution with significant operational and revenue generating benefits?

No, alternative proposals are not permitted. This SOW minimum requirement stands as written.

C.3.6 In reading C.3.6, is it the intention of your agency that the management of the Government Furnished Facility in San Diego facility will be incorporated into the resultant Contract Award from Solicitation A‑09‑036?

Section C.3.6 makes no mention of any specific facility.

See Section C.4.10.9.1 for more information regarding the locations of the Government Furnished Facilities relevant to this procurement.

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C.3.6 If yes [to the question directly above], will the effort for providing management of the vehicles valued under $10,000 in Texas, New Mexico and Arizona also be incorporated into the tasks under the resulting contract from this Solicitation?

See C.1.3.5.2; such low value vehicles seized by CBP in the Southwest Border States are excluded from any contract resulting from this solicitation.

C.38 Section C, C.3.6.4

Section C, C.3.6.4, discusses "short term storage"… Question: Is it the Government's intent that offerors only store GP on a short term basis until property is eventually relocated to either a centralized Contractor Operated Facility or a Government Furnished Facility?

In General, the Govt's intent is for seized and blocked General Property to be stored in the more cost-effective Centralized Storage Facilities. However, there may be times when storing items locally may be authorized by the Seizing Agency's ACOR due to special requirements, e.g., access for inspection during a fast-moving court case, proximity to a testing facility, proximity to the future Govt-leased CSF near Laredo, or likelihood of a quick resolution of paperwork problem that will result in a near-term disposition (e.g., quick sale, quick destruction, or quick release).

C.38 C.3.6.4 “Storage in these types of mini-warehouse or commercial moving/storage facilities is limited to 60 calendar days unless extended in writing by the seizing agency’s

ACOR.”

Does this include specialty storage locations (e.g., bank vaults for gold bars, cold storage for perishables, etc.) where specialty storage is required for the well being of the property being stored?

No, the 60 day limit does not apply to specialty/specialized storage. The 60 day limit applies to local storage to the extent set forth in Section C.3.6.4. Local storage is different from specialty/specialized storage.

C.38 C.3.6.4 “Storage in these types of mini-warehouse or commercial moving/storage facilities is limited to 60 calendar days unless extended in writing by the seizing agency’s

ACOR.”

Does this requirement include those facilities currently under Contractor- Owned-Facility (COF) control?

This requirement is not specific any particular facility, but rather shall apply to local "short-term" storage that is furnished or provided by the Contractor under any contract resulting from this RFP to the extent such requirement is set forth in Section C.3.6.4.

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C.42 Section C, C.4.1.3

Section C, C.4.1.3, page 42; discusses "24 hour live on call dispatch service".. Question: The Government is allowing an answering service for 15 of the 24 hours requirement to have a live call dispatch center but the paragraph states the answering service must be capable of transferring a call to the offerors "live dispatch service within ten…