DJM-16-A32-R-0001_-_A0001.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

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

16C. DATE SIGNED

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

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)

CODE

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

Paula B Kilday

The purpose of this amendment is to:

1) Incorporate the Offerors' questions and the Government's reponses.

2) Incorporate and update the information in Solicitation DJM-16-A32-R-0001

UNITED STATES MARSHALS SERVICE

OFFICE OF SECURITY CONTRACTS

CS-3, 2nd Floor 3601 Pennsy Drive Landover, MD 20785

DJM-16-A32-R-0001

1 20

05/09/2016

DJM-16-A32-R-0001

SF-30 Continuation Sheet

A001

This solicitation is amended as follows:

A. Responses to offerors’ questions have been provided in this amendment.

B. The Solicitation subsections have been amended, corrected, or changed as follows:

1. Section C is hereby replaced in its entirety. See highlights for corrections.

2. Section G is hereby replaced in its entirety. See highlights for corrections.

3. Section J Attachment 1(A) Applicable Department of Labor Wage Determinations and Collective Bargaining Agreements:

a. 1ACircuit4CBAs - Supplement to CBA A001 – Wage determinations provided for 4th circuit cites not included in CBA agreement provided.

4. Section J Attachment 1(D) Price Summary Sheets: 3rd Circuit has been corrected and replaced in its entirety. See highlights for corrections.

5. Section J Attachment 1(D) Price Summary Sheets: 4th Circuit has been corrected and

6. Section J Attachment 1(D) Price Summary Sheets: 12th Circuit has been corrected and

7. Section J Attachment 1(E) Pricing Template: Has been corrected and replaced in its entirety. See highlights for corrections.

8. Section J Attachment 1(F) Table for Start-up Costs: Has been corrected and replaced in its entirety. See document for changes.

9. Section J Attachment 1(H) Table for SSO Uniform Standard: Has been corrected and replaced in its entirety. See document for changes.

10. Section J Attachment 7(D) Lesson Plan Format and Overview: Has been corrected and replaced in its entirety. See highlights for changes.

11. Section L is hereby replaced in its entirety. See highlights for corrections.

SF-30 Continuation Sheet

A001

ATTACHMENTS:

1. SECTION C – STATEMENT OF WORK

2. SECTION G – CONTRACT ADMINISTRATION DATA

3. SECTION J ATTACHMENT 1(A) Supplement to CBA A001

4. SECTION J ATTACHMENT 1(D) Price Summary Sheet- 3rd Circuit

5. SECTION J ATTACHMENT 1(D) Price Summary Sheet- 4th Circuit

6. SECTION J ATTACHMENT 1(D) Price Summary Sheet- 12th Circuit

7. SECTION J ATTACHMENT 1(E) Pricing Template

8. SECTION J ATTACHMENT 1(F) Table for Start-up Costs

9. SECTION J ATTACHMENT 1(H) Table for SSO Uniform Standard

10. SECTION J ATTACHMENT 7(D) Lesson Plan Format and Overview

11. SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

OR RESPONDENTS

3rd, 4th, and 12th Federal Judicial Circuits

# SECTION SECTION NUMBER QUESTIONS ANSWERS

1 General

Under Executive Order 13495 contractors assuming a federal contract are obligated to retain and hire incumbent contractor employees if they meet the qualification requirements of the new contract. Will the incumbent’s employees (CSOs) current training certifications, biennial medical and physical examinations, etc. along with their associated expiration dates outlined in the SOW transfer to the new contractor upon award, or does the new winning contractor have to retrain and recertify the incumbent CSOs as part of the start-up costs for the new contract?

See Section I FAR Clause 52.222-17 Non-displacement of Qualified Workers (May 2014), incorporated by reference. All training records and associated expiration dates, to include qualifications and biennial medical examination records, will transfer with the employee. It is the responsibility of the successor contractor to ensure records are obtained from the incumbent contractor during the Phase-In and Phase-Out transition, see Section C.26 Phase In and Phase Out Transition Period. The government will not supply training records to the successor contractor.

2 General

Department of Labor regulations require time spent at a duty location to be compensated. Does the security force draw and turn-in weapons at the start and end of each shift (i.e. guard mount or gear-up/down time)? If so, does the government have an established duration for this event, or will the offeror specify the duration of this required event?

As per Section C.3.1.1, "The COR will provide the contractor with post orders for each post assignment." CSO labor hours are provided for the staffing of all posts as required. The contractor must staff all posts within the allotted hours. In consultation with the COR, the contractor may adjust schedules to ensure full coverage. The standards by which positions are allocated take into consideration the need for relief and breaks.

3 General Is the level of effort in this scope of work the same as currently provided by the incumbent and if not, what is difference?

The level of effort in this scope of work is the same as that currently provided by the incumbents. Incumbents are Akal Security in Circuits 3 and 12 and Walden Security in Circuit 4.

B G L

B.7 CLIN# 1

G.6(b) L.5.3.1

Reference: B.7 CLIN# 1: "The basic rate, as defined under a time-and-materials labor-hour contract is defined as a fixed hourly rate that includes wages, other direct costs, indirect costs, and profit. Other direct costs, indirect costs, and profit are not subject to a price adjustment." G.6(b) provides in relevant part: "Price adjustments are limited to direct labor hourly rates, fringe benefits and the accompanying increases or decreases in social security and unemployment taxes and worker’s compensation insurance, and shall not otherwise include any amount for other direct costs, general and administrative costs, overhead, or profit (see FAR 52.222-43(e))."

L.5.3.1.1: "The following descriptions are incorporated in the hourly rate cost break down (see Attachment J.1(E), Pricing Template): letters a-g."

Clarification: Workers' Compensation does not seem to fit into any category that is subject to price adjustment per B.7 as presently defined in L5.3.1.1 but is adjustable per FAR 52.222-43 as referenced in G.6(b). Please adjust the Taxes category to include taxes and insurance on direct labor or modify the language in B.7 as to what categories of cost a contactor can receive a price adjustment to include Other Direct Costs.

Reference: While section G.6(b) indicates that fringe benefits is subject to price adjustment the sample worksheet provided does not appear to incorporate that concept.

Clarification: Please adjust the hourly cost breakdown to be able to incorporate Fringe Benefits.

Workers compensation insurance is considered a component of price, captured in the taxes category, subject to price adjustment. The payment of workers compensation itself is not considered a price component subject to price adjustment.

See revised section L.5.3.1(1)(c) for clarified language, “Taxes shall include all Federal, state, and local taxes, and workers’ compensation insurance"

See revised section G.6(b) for clarified hourly cost breakdown, adding a column titled “Delta Fringe Benefit and Insurance."

B L J

B.7 CLIN # 1

L.5.3.1&2

J.1(D) 12th Circuit

Sections B.7 and the Pricing Instructions use 1910 as the total estimated annual billable hours for a full time CSO position. Attachment J.1(D) however estimates the number of annual hours per position as 1966 hours, and for the D16 – District Court worksheet, the estimated CSO annual hours is 1996. Please clarify the number of annual hours per position we are to use for proposal preparation.

Price Summary Sheets are for estimation purposes, summary sheet hours do not reflect actual hours allocated.

Award is subject to availability of funds and actual hours allocated will be reflected on task orders. Error of 1996 in cell K7 on D16 District Court worksheet tab is corrected to 1966 and Attachment J.1(D) 12th Circuit is replaced in its entirety. Use provided Price Summary Sheets.

6 B J

B.7 J.1(D)

RFP B.7 CLIN #1-Basic Rate, indicates 1,910 as the total estimated number of hours, however, Attachment 1(D) pricing summary shows 1,966 hours. Which should be used for pricing?

See answer to question 5 above.

7 B J

B.7 J.1(D)

Question: 1910 hours are referenced numerous times throughout the solicitation for each position while 1966 is used throughout the provided Price Templates. Please explain difference?

See answer to question 5 above.

8 B J

B.7 J.1(D)

This paragraph estimates the basic rate allowable hours at 1,910 per year. However in the Price Summary Sheets, the estimated number of basic hours is 1,966 per position.

Question/Clarification: Please clarify which quantity bidders should use in developing their loaded hourly rates.

See answer to question 5 above.

# SECTION SECTION NUMBER QUESTIONS ANSWERS

9 B and J

B.7 CLIN #1

J.1(A) J.1(B) J.1(D)

This CLIN estimates a total of 1910 annual billable hours per position, including hours for medical exams, background investigations, weapons qualification, and training. Assuming a 40 hour work week, the total hours available per position without overtime is 40 * 52 week = 2080 hours. Comparing data in Attachment 1(B), the 12th Circuit Seniority List with Attachment 1(A) the vacation allowance required by the CBA, The average earned vacation per LSSO/SSO is 141.7 hours, and 150 hours per LCSO/LSSO. Adding only the mandated 56 hours per position for personal/sick leave, we exceed the 2080 hour ceiling by a minimum of 27.7 hours, without consideration for other significant paid time required for holiday pay, bereavement, jury duty, relief breaks, gear up/down and posting time. Is the offeror expected to simply add these costs to the fringe expense without regard for the total hours per position, or are we to include sufficient overtime hours in the fringe to compensate for hours over 2080?

See answer to question 5 above.

10 B B.7 District Supervisor hours have been made billable in these contracts. Will District Supervisor travel to visit the sites in their district be reimbursable at cost under CLIN 4?

No, see G.7(d) "District Supervisors are not authorized reimbursable travel under CLIN #4, CSO Reimbursable Travel."

B J

B.7, CLIN #4

J.1(D) J.1(E) J.1(F) J.1(G) J.1(H)

Requirement: Section B.7, CLIN #4 provides for CSO Reimbursable Travel. In reviewing Attachments J-1(D), J- 1(E), J-1(F), J-1(G) and J-1(H) regarding pricing, there does not appear to be a place to propose travel.

1. Will the Government be providing a NTE value for CSO Reimbursable Travel?

2. If a NTE Value for CSO Reimbursable Travel will not be provided, will the Government please provide work load indicators in regards to the amount of travel required and provide guidance as to where the travel costs should be captured on the price attachments?

There is not a NTE threshold for travel. Travel is reimbursable, see section G.7(d), Invoicing for CSO Travel.

CSO Travel should not be captured in the price attachments.

12 C C.3.1.1.1

Paragraph C.3.1.1.1 of the SOW states the contractor is responsible to ensure metal detectors, alarms, X-ray machines, closed circuit television monitoring equipment, explosive trace detectors, and related equipment is tested on a monthly basis and set to USMS standards, and change the settings within 5 days of USMS direction. Does this require a certified technician, or are these tests able to be performed by the CSO’s or LCSOs? Who is responsible for the repair and maintenance of this equipment?

Daily tests and equipment settings are performed by LCSOs/CSOs, the offeror is not required to provide certified technicians. The USMS has established service contracts for certified technicians responsible for repair and maintenance of the equipment.

13 C C.3.1.1

"Equipment Settings - Use of equipment such as Walk-Through metal detectors (WTMD), Hand-Held metal detectors (HHMD), X-ray machines, Closed-Circuit Television (CCTV) monitoring equipment, Explosive trace detectors (ETD), and other equipment, is mandatory under this contract and is subject to Government change at any time. The Contractor shall ensure all screening equipment is set to the required USMS Standard Settings. Failure to ensure screening equipment is set to USMS standards shall be considered a performance issue. The Government may change the USMS Standard Setting at its discretion. All setting changes shall occur within 5 working days of notification." Would the government please confirm the equipment listed in this section will be provided as Government Furnished Equipment, to include Walk-Through metal detectors (WTMD), Hand-Held metal detectors (HHMD), X-ray machines, Closed-Circuit Television (CCTV) monitoring equipment, Explosive trace detectors (ETD), and other equipment?

Question/Clarification: Please clarify whether the WTMD, HHMD, CCTV and ETD training hours are billed separately? If not, where should bidders include such training hours?

All walk-through metal detectors (WTMD), hand-held metal detectors (HHMD), x-ray machines, closed-circuit television (CCTV) monitoring equipment, explosive trace detectors (ETD), and other equipment are Government provided. Training on these devices is included in the current training curriculum and training hours.

14 C.3 C.3.4

Section C.3.4 of the SOW provides the requirements for a Contract Manager. The requirements state that each Circuit specified under the contract shall have a fully dedicated Contract Manager. In reviewing Attachments J-1(D), J-1(E), and J- 1(F) regarding pricing, there does not appear to be a place to include the price for the Contract Manager. Question: Will the Government clarify where the offerors are to include the cost of the Contract Manager in their pricing?

See section L.5.3.1(1.iv) Pricing Instructions, Hourly Rate Computation, the cost of the Contract Manager is considered an Other Direct Cost (ODC.) Refer to FAR Clause 52.222-43 for allowable costs.

C J

C.3.4 J.1(D) J.1(E) J.1(F) J.1(G) J.1(H)

Requirement: Section C.3.4 of the SOW provides the requirements for a Contract Manager. The requirements state that each Circuit specified under the contract shall have a fully dedicated Contract Manager. In reviewing Attachments J-1(D), J-1(E), J-1(F), J-1(G) and J-1(H) regarding pricing, there does not appear to be a place to include the price for the Contract Manager.

Will the Government clarify where offerors should include the pricing for the Contract Manager in their proposed prices?

See answer to question 14 above.

16 C C.4.4 Question/Clarification: Is it the responsibility of the Contractor to provide office space for Contract Managers? It is an offeror's business decision whether or not to provide office space for the Contract Managers, the Government will not provide office space for the Contract Managers within the sites.

# SECTION SECTION NUMBER QUESTIONS ANSWERS

17 C C.7.2 Question: What is the historical attrition rate for CSOs in each Circuit? Approximately 8% turnover rate.

18 C C.7.2

Per section C.7.2, "Contractor shall be reimbursed by the government only if departing CSO had been employed by the current contractor continuously for a minimum of 18 months."

Question/Clarification: Please confirm that a new contractor will be reimbursed for the replacement of any incumbent personnel who transition over, regardless of the 18-month minimum.

If the incumbent occupant of the CSO position has been on the contract more than 18 months, then the start-up costs for the position are covered. If the incumbent occupant of the CSO position has not been on the contract for more than 18 months, then the start-up costs for transitioning the CSO are not reimbursed. See Attachment J.1(B) Current Seniority Listing for service start dates.

19 C C.10.2.3

Question: Do Contractors have to wait the entire 120-day period during a CSO vacancy until they are required to fill on a temporary basis?

Yes, the vacancy caused by a CSO's extended absence (e.g. FMLA, Workers' Compensation, Medical Issues/MLOA, LWOP, or other) must exceed the 120 day period. The contractor is not required to fill the vacancy from a CSO's extended absence with a temporary personnel, but the Contractor may take actions to temporarily fill the vacancy upon the 120 days passing, see Section C.10.2 Replacing CSOs Due to Extended Absence.

20 C C.10.2.3

Question: Are the start-up costs for temporary CSOs reimbursable regardless of whether they are assigned to the contract for a period of 18 months?

If the original occupant of the CSO position, that the temporary CSO is has been hired to fill, has been on the contract more than 18 months, then the start-up costs for the temporary position are covered. If the original occupant of the CSO position has not been on the contract for more than 18 months, then the start-up costs for the temporary CSO are not reimbursed.

21 C C.10.2.3 Question: Are there any situations in which incumbent CSOs have been vacant for 120 days, requiring the awardee to back-fill positions with temporary personnel?

Yes, but this is determined by the contractor and the needs of the district.

22 C C.12.2.1

"The U.S. Marshal may authorize CSOs assigned to their District to carry Oleoresin Capsicum Aerosol (OC Spray) device. This is the only less-than-lethal device that may be authorized for CSOs. When such authorization is granted by the U. S. Marshal, the Contractor shall ensure that the CSO receiving the OC Spray device successfully completes the certification requirements developed by the United States Marshals Service’s Training Academy and use the device in accordance with applicable policies and procedures and the USMS Policy 14.16 Less-Than-Lethal Devices, Attachment J.4(B), and prescribed in the Statement of Work. The training is provided by the USMS and is generally an eight (8) hour course, although there may be some variations by District."

Question/Clarification: Would the Government please specify whether the training on OC Spray is to be included in the fully loaded rate or whether it is to be billed separately?

Question/Clarification: Please specify if the OC spray training hours are already included in the Government estimated total number of hours?

Question/Clarification: If these training hours are not included in the Government estimated hours, please clarify where should bidders include these training hours?

Question/Clarification: If the OC spray training is to be included in the fully loaded rate, would the Government please specify on the recurrence of refresher training (such as annually) and the number of hours of refresher training?

Offerors are not required to incorporate training hours for OC Spray in the fully loaded rate. Additional hours will be allocated for initial and refresher OC Spray training on an as needed basis. OC Spray training hours are not included in total estimated hours. Offerors are not required to incorporate these training hours in any aspect of their pricing proposal.

23 C C.12.2.1

Reference: Page C-33, provides “The U.S. Marshal may authorize CSOs assigned to their District to carry Oleoresin Capsicum Aerosol (OC Spray) device.”

Clarification: Which Districts within the 3rd, 4th, and 12th Circuits are authorized by the U.S. Marshal to carry Oleoresin Capsicum Aerosol (OC Spray) devices?

There are no districts currently authorized to carry OC Spray in Circuits 3 and 12. In Circuit 4 the following districts are currently authorized to carry OC Spray, D57 M/NC, D87 N/WV and D88 S/WV.

24 C C.12.2.1 Question: In what Districts are CSOs authorized to carry O.C. spray? See answer to question 23 above.

25 C C.13.4 C.13.5

Please confirm if the time for Training Instructors and Weapon Qualification Instructors to administer the contract required training will be billable to the USMS at the basic rate under CLIN #1.

If a LCSO/CSO is solely acting in the capacity of an instructor outside of regularly scheduled shift hours, this is not considered billable under the contract CLINS. If a LCSO/CSO is conducing training in the normal course of duty, without negative impact to staffing or post orders, and/or receiving training, hours are billable at the basic rate under CLIN # 1, subject to the detailed restrictions. See Section B.7 "weapons training and qualifications are allowed two (2) Basic Rate hours... and are billable at the basic rates... All training hours (see Statement of Work C.12 Training and Qualification Requirements) are allowed and covered... and as such are billable at the Basic Rate... The Government will not reimburse the Contractor for overtime hours associated with medical examinations, reinvestigations, or training and qualifications."

# SECTION SECTION NUMBER QUESTIONS ANSWERS

26 C C.13.4 C.13.5

Do the current incumbent instructors meet the qualifications listed in C.13.4 and C.13.5? See L.5.2.1 Factor 2, "The Offeror should not assume that the incumbents LCSOs, CSOs, DS, or CM are qualified instructors. Offerors shall not approach the incumbent's work staff prior to contract award." If the offeror intends to hire incumbent instructors, this shall be stated in the proposal. A complete listing of the instructors will be due after contract award. The Government will not provide a list of existing qualified instructors and range instructors to the successor contractor. Most incumbent instructors meet the qualifications listed; however, it is the responsibility of the offeror to verify the qualifications for all proposed instructors.

27 C C.14.2.21

Paragraph C.14.2.21 requires “weapons are secured in a safe place” when not in use. Are weapons to be stored on site at each location for the CSOs, or do the CSOs take the weapons home when off duty?

The Government will provide a secure "safe place" for weapons storage, such as a gun safe, on site at duty locations. See C.19.7 "Weapons shall only be used by qualified CSOs and during the CSOs official hours and at their official designated duty location." Weapons should not be removed from the CSO duty location unless the Contractor has written authorization. See C.12.1.5 "all weapons shall be transported to the range site as directed by the COR. In the event the COR requires the Contractor to transport the weapons, the COR will provide the Contractor with written authorization."

28 C C.16.2.1 C.16.2.2

Paragraph C.16.2.1 and C.16.2.2 require the contractor to routinely rotate all CSOs through all posts, and coordinate a schedule that ensures “security levels are maintained at all times, particularly during CSO breaks.” Does this rotation of CSOs through the various positions allow for breaks or does the contractor have to provide another (unbilled) CSO to provide these breaks for the various positions at each location?

CSO labor hours are provided for the staffing of all posts as required. As per Section C.16.1.1-C.16.1.2, the contractor must staff all posts within the allotted hours. In consultation with the COR, the contractor may adjust schedules to ensure full coverage. The standards by which positions are allocated take into consideration the need for relief and breaks.

C J L

C.16.2 J.1(A) J.1(E)

C.16.2 requires the contractor to provide adequate relief and continuous coverage, and the CBA identifies two paid 15 minute breaks and one 30 minute unpaid break per 8 hour shift. Is this dedicated relief time billable under the estimated 1910 annual hours, or should these additional hours be included in Attachment 1(E) as direct labor or fringe benefits?

See answer to question 28 above.

30 C C.18.3.1

C.18.3.1 identifies CSO uniforms as Government Furnished Property (GFP). C.18.3.1.2 confirms CSO uniforms issued under a previous contract award or option period less than four months prior to the start date of the current contract are not required to be replaced, and the Government will not reimburse the contractor if these uniforms are replaced. C.18.3.1.3 requires the contractor to purchase and replace uniforms using the same supplier to maintain uniformity. In order to comply with the above requirements, and correctly price uniforms for Attachment 1(F) Table for Start-up Costs, we will need to the name and contact information of the current uniform supplier in each circuit, along with a detailed uniform list/order form, and pricing for each item. This is the only means by which bidders can ensure the uniformity of the uniforms. The list should also include brand, model numbers, and supplier for body armor.

It is not considered the responsibility of the successor contractor to purchase from the incumbent contractor(s)' supplier(s). It is considered the offeror's business decision to select a supplier and purchase CSO uniforms that align with the standards detailed in the contract. At that point, the offeror shall use the same supplier to maintain uniformity. This is also the case for body armor.

31 C C.18.3.1 C.19.1

CSO Uniforms are Government Furnished Property (GFP) as indicated on the C.19.1 Table, and as such, these uniforms are subject all GFP requirements and to FAR Clause 52.245-1 Government Property incorporated in Section I of the contract. Question: Since CSO Uniforms are GFP and the government requires Uniformity across all Circuits and Districts will the Government provide their most preferred supplier to ensure uniformity across ALL Circuits?

See answer to question 30 above.

32 C C.18.3.1.2

The Contractor is responsible for maintaining an annual inventory of uniform issuance as part of Section C.19, below. Question: Since all uniforms and Soft Body Armor Kits are GFP will the Government provide the current inventory of Uniforms and Body Armor Kits?

It is the responsibility of the successor contractor (awardee) to ensure uniform and body armor records are obtained from the incumbent (current) contractor during the Phase-In and Phase-Out transition, see Section C.26 Phase In and Phase Out Transition Period. The government will not supply uniform or body armor records to the successor contractor.

# SECTION SECTION NUMBER QUESTIONS ANSWERS

33 C C.18.4.1

"Whenever deemed necessary, the Government may authorize uniform variations. Certain post assignments may require CSOs to wear specialized uniforms, including rainwear and cold weather gear. In such cases, the Government may issue such uniforms as GFP or authorize the Contractor to make such purchases. If cold weather gear is authorized, the Contractor shall provide a V-neck navy blue vest or sweater to be worn under the basic uniform. If a vest or sweater is provided, the Contractor shall prohibit CSOs from placing patches or other decorative devices on them. Only those CSOs guarding post(s) exposed to such weather conditions shall be authorized this variation."

Question/Clarification: Would the Government please confirm cold weather gear is not included in the uniforms in Attachment 1(F)_-_Table_for_Start-Up_Costs?

Question/Clarification: If cold weather gear is included in the uniform items listed in Attachment 1(F)_- _Table_for_Start-Up_Costs, would the Government please specify which posts require cold weather gear by district?

Question/Clarification: If cold weather gear is not included in the uniform items listed in Attachment 1(F)_- _Table_for_Start-Up_Costs, would the Government please confirm that it is billed separately as cost reimbursement

CLIN?

Cold weather gear is not included as a standard item of Start-Up; however, see Section 18.3.1.1 "After an incumbent CSO has served two (2) consecutive years under the current contract, or under a combination of the current and a prior CSO contract, the Contractor may issue one winter jacket instead of the blazers, if requested by the CSO. The winter jacket may be substituted for the number of blazers that would cost the same as the jacket."

In the event that the Government determines, on a case by case basis, that circumstances require a uniform variation, the Government will either issue such uniforms or the Contractor will be reimbursed by the Government, if the purchases were pre-authorized, in a separate method outside of the contract.

34 C G

C.19.1 C.19.9 J.1(G)

"The Government will furnish the Contractor the following items listed in the chart below and any other item(s) deemed necessary for the safety and protection of human life and court facilities. The Contractor shall be directly responsible and held accountable for all Government property issued under this contract. Upon receipt from the Government, the Contractor shall provide these items to each Soft Body Armor Kit:

Question/Clarification: Q1: Considering the Government will provide the Soft Body Armor Kit as specified above, please specify what items should bidders include in attachment 1(G) pricing?

See Section B.7 CLIN # 5 CSO Soft Body Armor Kit, “Soft Body Armor shall be provided by the Contractor in accordance with the Section C, SOW.” As per Section C.19.9.6 “All CSO Soft Body Armor is considered Government property and shall be returned to the Government at end use.” The Government does not furnish an additional body armor kit in addition to that provided by the contractor. See attachment J.4(D) CSO Soft Body Armor Requirements for specifications on the required items within the Soft Body Armor Kit and the technical requirements for said items. Attachment J.1(G) Table for Body Armor Kit pricing should cover all requirements.

35 C C.19.1

Requirement: Section C.19.1 states the Government will provide Soft Body Armor Kits and Standard Uniform Clothing; however, there are separate pricing sheets for the Contractor to propose these items.

Will the Government confirm if offerors should include the price for the Soft Body Armor Kits and the Standard Uniforms in their proposed price?

The offeror shall provide Standard Uniform pricing using attachment J.1(F), Table for Start Up Costs; and Soft Body Armor Kit pricing using attachment J.1(G), Table for Soft Body Armor Kits.

36 C C.19.1 Question: Will ammunition be provided for the "two" semi annual qualifications? (one annual qualification is listed)

There is no semi annual qualification requirement, see section C.12.1 Weapons Qualification. There is an annual requirement to qualify on a semi-auto handgun. See section C.19.1 the Government will furnish "Ammunition (one annual qualification and duty carry allotment)."

37 C C.19.1 Government Furnished Property

Are weapons lockers/gun safes and clearing barrels provided as Government Furnished Property, or do offerors factor this into either the Start Up cost or Basic Rate?

Weapon storage and clearing barrels are provided by the Government.

38 C.19 C.19.1

The Government will furnish the Contractor the following items listed in the chart below and any other item(s) deemed necessary for the safety and protection of human life and court facilities. The Contractor shall be directly responsible and held accountable for all Government property issued under this contract. Upon receipt from the Government, the Contractor shall provide these items to each CSO (Soft Body Armor Kit.) Question: Since this is a GFP would the Government provide their supplier for standardization across all Circuits?

It is considered the offeror's business decision to select a supplier and purchase Body Armor Kits that align with the standards detailed in the contract.

39 C.19 C.19.1

The Government will furnish the Contractor the following items listed in the chart below and any other item(s) deemed necessary for the safety and protection of human life and court facilities. The Contractor shall be directly responsible and held accountable for all Government property issued under this contract. In the table it includes - Specialized Uniforms (Only when authorized by the Government). Question: 1. Do the specialized uniforms include SSO Uniforms as GFP? 2. If so would the Government provide the source for acquiring these specialized uniforms to ensure uniformity?

Yes, SSO Uniforms are considered government furnished property. It is considered the offeror's business decision to select a supplier and purchase uniforms that align with the standards detailed in the contract.

40 C C.19.7

Paragraph C.19.7 says the government will issue and determine the type of firearms to be used under this contract.

Who is responsible for the maintenance of the weapons and supplies the armorer to inspect and maintain them?

The Government is responsible for maintenance, inspection, and supplies. See section C.14.2.21 CSOs are responsible to, "Ensure weapons are handled, stored, and carried in a safe manner," this includes cleaning weapons in non-public areas. See also, Section C.18.3.1.6 "To prevent weapon exposure, the Contractor shall prohibit CSOs from removing their jackets while on official duty."

# SECTION SECTION NUMBER QUESTIONS ANSWERS

41 C.25 C.25.1.1

Section C.25.1.1 of the SOW provides the necessity for a quality control inspectors. In reviewing Attachments J- 1(D), J-1(E), and J- 1(F) regarding pricing, there does not appear to be a place to include the price for the QCI.

Question: Will the Government clarify where the offerors are to include the cost of the QCIs in their pricing?

See section L.5.3.1(1) Pricing Instructions, Hourly Rate Computation, costs such as Quality Control Personnel and Training Personnel that are completely attributable to this contract’s requirements and are not identified and included in other contract CLINs are defined as Other Direct Cost (ODC.) Refer to FAR Clause 52.222-43 for allowable costs.

42 C C.26

The Contractor shall begin Phase-In activities by working simultaneously with the incumbent contractor toward a seamless 60 day Phase-In period, and ensuring a smooth and complete transition occurs on the start date of the new contract. As a minimum, the transition activities shall include:

· Transfer of knowledge, experience, and lessons learned to the new Contractor.

· Assistance in start-up to ensure no disruption in service and a smooth transition.

· Appropriate transfer of property, documentation or personnel, as agreed Question: Where is the contractor to identify all phase-in costs associated with on-boarding the incumbent personnel? Should these be identified under a Phase-in CLIN? If there is no identification of reimbursable costs the incumbent has a competitive advantage by not incurring those costs.

No, there is no Phase-in CLIN. There is no requirement that an agency equalize or discount competitive advantage gained by incumbent contractors.

43 C C.26.2 Final sentence for Phase-Out Transition Plan references Section F.3(a)15, this section does not exist. Should it reference section F.3(a)14?

Yes, See revised C - Section C (Statement of Work), section C.26.2 revised to cite F.3(a)14.

44 G G.6

There are some locations (e.g. VI & other localities) that have a local gross receipts tax. As wages increase, the Gross Receipts taxes will also increase, as will FICA and Workers Compensation. Other contracting agencies have amended the language in their RFPs to allow for consideration of these types of increases. (1) Will the USMS consider adjustments for verified Gross receipts taxes in the price adjustments? (2) Will any applicable and verified local payroll taxes also be considered in price adjustments?

No.

45 H H.6 Is the Contractor required to pay for the state Guard card / license for the individual CSO/LCSOs? State licensing is a requirement for the Contract company, but not for individual employees. See Section H.6., Licenses.

46 H H.12

Reference: Page H-7, Section H.12 Key Personnel (c), provides, “Following award the Contractor will:

• Notify the USMS Contracting Officer of all Key Personnel for the contract and any change to the Key Personnel during the performance of the contact….”

Clarification: Is the Offeror required to identify and provide resumes for all key personnel except the Contract Manager (CM) and District Supervisor (DS) when the offer is intending to hire the incumbent personnel?

In previous solicitations, the USMS asked Offerors not contact incumbent personnel prior to contract award.

Offeror’s were required to state their intention to hire the incumbent CM and/or DS in their proposal.

See H.12 Key Personnel "'Key Personnel' for the purposes of this contract are principals, supervisory personnel, and qualified training instructors and weapons qualification instructors." Prior to the award of the contract the Government shall request background investigations on all principals (officer, director, owner, partner, managing member or person with management role) and supervisory personnel (contract managers and district supervisors) other than proposed incumbent supervisory personnel. The Government will not provide a list of existing key personnel including qualified instructors and range instructors to the offeror(s) or successor contractor. If the offeror intends to hire incumbent key personnel (principals, supervisory, and instructors), this shall be stated in the proposal; however, it is the responsibility of the offeror to verify the qualifications for all proposed personnel.

See L.5.2.1 Factor 2, "The Offeror should not assume that the incumbents LCSOs, CSOs, DS, or CM are qualified instructors. Offerors shall not approach the incumbent's work staff prior to contract award." A complete listing of the instructors will be due after contract award.

47 J J.1(A) General

In regards to Collective Bargaining Agreements Section M.6 states: For evaluation and award purposes only, the offeror shall apply the published Collective Bargaining Agreements (CBA) for hourly wage and benefit rates for the period October 1, 2015 through September 30, 2016, for the base year and all option periods. A price adjustment may be requested in accordance with FAR 52.222-43, Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts) as new CBA rates are published. Offerors shall not incorporate any other direct labor rates into their price proposal for any period beyond September 30, 2016. Question: For pricing purposes shall the hourly what rates should be used for those CBAs that do not have current rates for 10/1/2015 to 9/30/2016?

At present the attached CBAs are the most recent. For price evaluation purposes, use the provided CBAs rate for the initial period of performance for the base and option year pricing .

48 J J.1(A) General

The cover letter provided with select CBAs states that negotiations are still on-going between the incumbent and the union. It further states that if an agreement is not reached, the applicable SCA wage determinations will be in effect on 10/1/16. 1. Will the Government provide clarification as to whether or not CBAs between the incumbent and the unions have been ratified? 2. If no CBAs have been ratified between the incumbent and the Union, should offerors propose wages and benefits in accordance with the applicable wage determinations? 3. If SCA Wage determinations are to be used, will the Government incorporate the applicable WDs into the solicitation?

See answer to question 47 above.

# SECTION SECTION NUMBER QUESTIONS ANSWERS

49 J J.1(A) General

Reference: Several CBAs are not specific about whether pension is paid in cash or benefit.

Clarification: As this item may have tax implications, please specify which CBAs contain pension provision that is currently paid in cash.

CBA terms such as pension payment methods are a business practice negotiated between the Contractor and the respective union or association and has no bearing on the solicitation evaluation process.

50 J J.1(A) General

Attachment 1(A) CBA for CSOs Section 15.6 states employees will comply this the Company's Gear-up/Gear-down and Timekeeping policies with are incorporated herein. These policies were not included in the documents received.

Please identify the current practice regarding gear-up/down and posting time to enable offerors to correctly price this proposal. If gear-up/down and posting time is required, is it included in the 1910 estimated billable hours, or do we include it in direct labor or fringe?

As per Section C.3.1.1, "The COR will provide the contractor with post orders for each post assignment." CSO labor hours are provided for the staffing of all posts as required. The contractor must staff all posts within the allotted hours. In consultation with the COR, the contractor may adjust schedules to ensure full coverage. The standards by which positions are allocated take into consideration the need for relief and breaks.

51 J J.1(A) 3rd Circuit

Reference: CBA FCSO (DE) expired 8/31/2012, however RFP section M.6 provides that "the offeror shall apply the published Collective Bargaining Agreements (CBA) for hourly wage and benefit rates for the period October 1, 2015 through September 30, 2016, for base year and all option periods."

Clarification: Please confirm that the applicable CBA rates for this procurement are the 8/31/2012 "expired" figures.

Yes.

52 J J.1(A) 3rd Circuit

Requirement: The CBA Between the Federal Court Security Officers of Wilmington Delaware (FSCO) and MVM, Inc. appears to only be valid through 8/31/12 and the last wages/fringe rate information was effective as of 10/1/2011. Also, the cover letter provided with this CBA states that the economic terms of the CBA will be honored through September 2016 and if a successful agreement cannot be reached, the appropriate SCA WD will establish the economic terms as of 10/1/16.

1. Are there any updates to the CBA which provide wages and/or fringe benefit updates beyond 10/1/2011?

2. Has an agreement been reached on the CBA negotiations or will the Government be incorporating the applicable wage determination for the locations covered by this CBA?

At present the attached CBAs are the most recent. For price evaluation purposes, use the provided CBAs rate for the initial period of performance for the base and option year pricing .

53 J J.1(A) 3rd Circuit

The CBA between Federal Court Security Officers of Wilmington Delaware (FCSO) and MVM, Inc. expired on August 31, 2012.

Question/Clarification: Will the Government please provide a copy the current CBA for Wilmington Delaware?

See answer to question 52 above.

54 J J.1(A) 3rd Circuit The Delaware CBA is dated 10-1-2011.

Question/Request for Clarification: Is there an up-to-date CBA or are offerors to use this one?

See answer to question 52 above.

55 J J.1(A) 3rd Circuit

Reference: The provided CBA does not specifically call out Wilmington, a city provided by the Attachment 1(D):

3rd Circuit Price Summary Sheet.

Clarification: Please provide the appropriate CBA documentation for the aforementioned city in compliance with RFP section M.6.

The CBA provided is applicable to all sites within the District.

56 J J.1(A) 3rd Circuit

Requirement: The CBA Between the United States Court Security Officers (USCSO) of Eastern Pennsylvania and Akal Security Inc. states that it covers CSOs, LCSOs, SLCSOs, SSOs, LSSOs, and SSOs at locations described in the appendix. In reviewing the appendixes provided with the CBA, it is unclear what locations are actually covered by the CBA. By process of elimination, we believe it to be Eaton and Allenton in Eastern PA.

Will the Government confirm that the CBA between the USCSO and Akal Security Covers the Eaton and Allentown, PA locations?

The CBA provided is applicable to Allentown / Easton / Reading Pennsylvania

57 J J.1(A) 3rd Circuit

Pennsylvania is covered by 2 CBAs: USGSOA Local 058 and USCSO of Eastern Pennsylvania.

Question/Clarification: Please specify which posts are covered by USGSOA Local 058 and which posts are covered by USCSO ?

The CBA for USGSOA Local 058 is applicable to the city of Philadelphia and the CBA for USCSO of Eastern Pennsylvania is applicable to Allentown, Easton and Reading Pennsylvania.

58 J J.1(A) 3rd Circuit

Reference: Contractors were provided with two (2) CBAs for Reading, PA. (See: CBA USGOA Local 058 Page 6 Section 1.2, and CBA USCSO Appendix Page 1)

Clarification: Please specify which CBA is the prevailing CBA for Reading, PA.

See answer to question 56-57 above.

59 J J.1(A) 3rd Circuit Both CBAs list the city of Reading, PA as part of its bargaining unit. Which CBA covers Reading, PA? See answer to question 56-57 above.

# SECTION SECTION NUMBER QUESTIONS ANSWERS

60 J J.1(A) 3rd Circuit

Reference: The Virgin Islands Labor Code 2010 provides under Preliminary, Section (m). "employers and employees shall be free, through the processes of collective bargaining or otherwise, to agree on wages and other conditions of employment, provided the agreements do not infringe the minimum conditions prescribed in the Code." The Labor Code 2010 provides for benefits in addition to the current CBA (ex: vacation, holidays, maternity and paternity leave, additional leave, protective measures, etc.)

Clarification: Please confirm whether contractors have to provide benefits in accordance with the Virgin Islands Labor Code in addition to the benefits mandated by the current CBA so that Offerors can incorporate into their pricing.

For price evaluation purposes, use the provided CBAs rate for the initial period of performance for the base and option year pricing .

61 J J.1(A) 4th Circuit

Requirement : The CBA Between United States Court Security Officers (USCSO) and Walden Security provides a listing of wages and benefits for the cities covered by the CBA. The following cities were either crossed out from the listing or not included at all: Spartanburg and Anderson, SC and Fayetteville, Wilmington, New Bern, Elizabeth City, Greenville, and Ashville, NC.

1. Will the Government clarify if the cities identified above are covered by the USCSO/Walden Security

CBA?

2. If covered by the CBA, will the Government clarify the wage rate and fringe benefit information for the missing locations?

3. If not covered by the CBA, will the Government incorporate the applicable wage determination for each location?

The cities listed (Spartanburg and Anderson, SC and Fayetteville, Wilmington, New Bern, Elizabeth City, Greenville, and Ashville, NC) are not covered by the 4th circuit CBA. See attached 1ACircuit4CBAs - Supplement to CBA A001

62 J J.1(A) 4th Circuit J.1(D) 4th Circuit

The 4th Circuit Price Summary Sheets include numerous Cities that are not included in the Circuit 4 CBAs

Question/Clarification: Will the Government please provide clarification:

1. The following Cities are not listed in the CBA: North Carolina - Greenville, Fayetteville, Wilmington, New Bern and Elizabeth City, South Carolina – Spartanburg and Anderson.

Question/Clarification: Will the Government please provide hourly rates and benefits to be used for these locations?

2. In Attachment 1(A)_-_Circuit_4_CBA’s, the rates for Asheville, NC are crossed out.

Question/Clarification: Will the Government please provide hourly rates and benefits to be used for this location?

See answer to question 61 above.

63 J J.1(A) 4th Circuit

Reference: The following cities were provided by the US Marshal's Service (USMS) in the 4th Circuit Price Summary Sheet, but to not have a corresponding CBA: Anderson, SC, Elizabeth City, NC, Fayetteville, NC, Hyattsville, MD, New Bern, NC, Spartanburg, SC, Statesville, NC. The CBA provided for the 4th Circuit "USCSO" makes no mention of these cities in Page 6 Section 1.1 or in Attachment A containing wages by city.

Clarification: Please provide the appropriate CBA for the aforementioned cities.

See answer to…