Response B - BUSINESS Q R - Final.xls
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- Solicitation number
- DJMS-10-R-0022
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Response B - BUSINESS Q R - FINAL
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| File | Type | Posted |
|---|---|---|
| USMS-DISTRICT MAP.pdf | ||
| AMENDMENT A004.pdf | ||
| 4th Circuit - Price Summary - REVISED 5-13-10.xls | XLS spreadsheet | |
| CSO HANDGUN QUALIFICATION COURSE.pdf | ||
| PRICE SUMMARY SHEETS - A003.zip | ZIP file | |
| A003.pdf | ||
| SECTION J - ATTACHMENTS - REVISED - AMENDMENT A001.zip | ZIP file | |
| DJMS-10-R-0022 Amendment A001_5-6-2010.zip | ZIP file | |
| Response C - BUSINESS Q R_CBA_Pricing - Final.xls | XLS spreadsheet | |
| Response A - TECHNICAL Q R - Final.xls | XLS spreadsheet | |
| DJMS-10-R-0022 Amendment-A001_05062010.pdf | ||
| 11th CBAs.zip | ZIP file | |
| 12th - CBAs.zip | ZIP file | |
| 10th - CBAs.zip | ZIP file | |
| 8th - CBAs.zip | ZIP file | |
| 9th - CBAs.zip | ZIP file | |
| 7th CBAs.zip | ZIP file | |
| 5th - CBAs.zip | ZIP file | |
| 6th - CBAs.zip | ZIP file | |
| 4th - CBAs.zip | ZIP file | |
| 2nd - CBAs.zip | ZIP file | |
| 1st - CBAs.zip | ZIP file | |
| 3rd - CBAs.zip | ZIP file | |
| SECTION J - ATTACHMENTS.zip | ZIP file | |
| SOLICITATION.zip | ZIP file |
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Business Questions
| No. | Questions | Sections | Topic | Response | |
| 42 | Section L-9 (c)(5) provides in relevant part “In the pricing schedule provided in Section B of the solicitation (See Attachment 1), Offeror must propose for each location and all required labor categories, a fixed hourly rate that is inclusive of wages, overhead, general and administrative expenses, and profit.” Is this information provided under “Section B, General Business Information” of our response, as mentioned in Section L-12 (b)(2) or will the Price Summary Sheets submission at L-12(b)(4) suffice? | B | L-9 (c)(5) | Proposal | L-12 is changed to clearly state that the information requested under L-2(a)(1), L-2(a)(2), L-9(c)(3), L-9(c)(5) is to be included in L-12. |
| 43 | Despite the reference to “Section B”, Section L-12(b)(2) seems to imply that “Other General Business Information” is requested under this section. Please clarify. | B | L-12 and L-14 | Proposal | L-14 is deleted in its entirety. All information will be provided in Section L-12. |
| 56 | If the initial base year price is applied to all option years, the offeror would not be able to factor into their option year costs that may escalate over those years, such as salaries for supervisors and managers, state unemployment tax rates (rising rapidly in this recession), workers compensation insurance increases, increased communications costs, increased travel costs, etc. Is it possible that the government means initial base year CBA wages and benefits are to be applied to all option years, rather than prices? | B | L-12(a) | CBA | As stated in F-4, the base year of performance is 10/1/10 through 9/30/11. Offerors shall use the current published CBA rates for the period 10/1/2009 through 9/30/2010, and apply this to the proposed base year and all proposed option years, for estimation and evaluation purposes. 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. |
| 57 | We understand this to mean that the wages and benefits established by the CBA for the period 10/1/2009 through 9/30/2010 will be applied to all option years. This is not the base year of the new contract, but the last option year/extension of the current contracts. For many CSO contracts, we do have applicable CBA wages for the base year 10/1/2010 through 9/30/2011, so we are unclear about your intentions. Please clarify if you want us to use the wages and benefits of the last year of the current contracts (10/1/2009 through 9/30/2010), or if you want us to use the base year of the new contracts when the CBA is available (10/1/2010 through 9/30/2011). | B | L-12(a) | CBA | As stated in F-4, the base year of performance is 10/1/10 through 9/30/11. Offerors shall use the current published CBA rates for the period 10/1/2009 through 9/30/2010, and apply this to the proposed base year and all proposed option years, for estimation and evaluation purposes. 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. |
| 58 | I think the government wants to keep wages and benefits flat during the option years - but the actual words are to keep the pricing flat. I realize this is the same wording from past years, but now is a good time to clarify it. | B | L-12(a) | CBA | As stated in F-4, the base year of performance is 10/1/10 through 9/30/11. Offerors shall use the current published CBA rates for the period 10/1/2009 through 9/30/2010, and apply this to the proposed base year and all proposed option years, for estimation and evaluation purposes. 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. |
| 76 | Since no Department of Labor (DOL) Wage Determinations were included with the solicitation, is contractor correct in assuming that all provided locations in the 12 Circuit Price Sheets are covered by the provided Collective Bargaining Agreements (CBAs)? If not, can USMS please provide those DOL Wage Determinations that apply? | B | CBA | All CSO/LSCO locations are covered by collective bargaining agreements (CBA) and have been provided in the solicitation. | |
| 160 | “Period of Performance” provides “The base period of performance start date (effective date) for all contracts will be October 1, 2010 and continue through September 30, 2011.” In addition, Section L-12(a) and Section M-1(a) provide in relevant part “For evaluation and award purposes only, each offeror will assume when pricing districts covered by Collective Bargaining Agreements (CBAs) that prices applicable to the initial base year of the CBA, October 1, 2009 through September 30, 2010, will be applied to all option years in the solicitation.” |
| Many CBAs do not provide wages for the Section F-4 Base Period of Performance beginning October 1, 2010. However, some CBAs do provide wages and benefits for this period. | B | F-4 | CBA | As stated in F-4, the base year of performance is 10/1/10 through 9/30/11. Offerors shall use the current published CBA rates for the period 10/1/2009 through 9/30/2010, and apply this to the proposed base year and all proposed option years, for estimation and evaluation purposes. 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. | ||
| 161 | When CBAs provide wages for the period beginning October 1, 2010, should Offerors use those wages and benefits in their pricing or should they use the October 1, 2009 to September 30, 2010 wages and benefits, as directed in Section L-12(a) and Section M-1(a)? | B | CBA | As stated in F-4, the base year of performance is 10/1/10 through 9/30/11. Offerors shall use the current published CBA rates for the period 10/1/2009 through 9/30/2010, and apply this to the proposed base year and all proposed option years, for estimation and evaluation purposes. 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. | ||
| 199 | Not all CBA’s contain a wage rate for Oct 2010 which will require successful bidders to negotiate these rates PRIOR to contract start in order to receive an equitable adjustment for the base year. (FAR Part 22.1008-2(c)(2)(i)(B) in effect states that if the revised Collective Bargaining Agreement (CBA) is entered into during the period of the contract, the contract is not revised as to the terms of the CBA until the exercise of the next option period and is not retroactive to the date of the CBA). Will the government require the outgoing contractor to negotiate the terms for 2010, or will this be an incoming contractor requirement? | B | CBA | The incumbent will negotiate CBA terms for the period 10/1/10 through 9/30/11. 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. | ||
| 22 | The NAICS code 561612 size standard used in Section K for this solicitation is at the old size standard of $17million. | |||||
| Question: Will the government confirm the new size standard of $18.5 million for NAICS code 561612 will be used for this solicitation? | B | K-1 | Certifications/Respresentations, and Other Statements of Offeror | Confirmed. The size standard is $18.5 million. | ||
| 54 | I want to bid on the Sixth Judicial Circuit Court for Michican. Do you have to bind on all that are in the Sixth Circuit or can you just bid on the one you want to bid on. Can you tell me the process for bidding on Government Contracts. Are there any forms that I might need if so, where can I find them. My company is on the CCR list. | B | Circuit bids | The USMS is awarding contracts on the Circuit Level. An offeror may bid on any, all or a combination of the 12 Judicial Circuits. Please refer to Section L, INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS for proposal instructions. | ||
| 55 | Is it possible to bid on the PA sites only? | B | Circuit bids | The USMS is awarding contracts on the Circuit Level. | ||
| 23 | Section I-1. Two FAR clauses in this Section have been superseded, please replace them. The updated clauses should be FAR 52.222-43 (SEP 2009) & FAR 52.244-6 (DEC 2009). | B | I-1 | Contract Clauses | The updated FAR Clauses are as follows: 52.222-43 (SEP 2009) and 52.244-6 (APR 2010). See revised Section I. | |
| 24 | Section I-7, FAR 52.222-39. This clause was deleted from the FAR via Federal Acquisition Circular FAC-38, effective February 1, 2010, due to Executive Order 13496, which revoked Executive Order 13201. Please remove it from the Solicitation. | B | I-7 | Contract Clauses | This clause has been deleted. See revised Section I. | |
| 60 | Will the USMS make an Ethics Manual available that delineates DOJ ethical standards? | B | MISC | C-12(b)(19) has been removed. See revised Section C. | ||
| 211 | Please explain what the designation “Reimbursable Site” means in the 11th Circuit, District 19. | TB | IAA | A Reimbursable Site is funded by a non-AOUSC entity. However, it shall be billed in the same manner as all other locations in accordance with Section G-6 Invoice Requirements. | ||
| 2 | H14, Key Personnel. This paragraph states that key personnel will not be replaced for at least 90 days after performance start. A) Are key personnel resumes required to be submitted with the proposal to include Contract Manager and site supervisors? B) If an incumbent Contract Manager or Site Supervisor applies with the contractor during transition, can these incumbents be substituted, if all proposed personnel do not accept employment? | B | H-14, L--9(a)4 | Key Personnel | A) Yes, see L-9(a)4 for instructions on submissions. B) Yes | |
| 14 | 5. Section L-9(a)4 – General Proposal Instructions – states, “Each offeror shall submit information for the Key Personnel/Supervisory positions… set forth in Section C… paragraphs C-3 (a) and (b). This information shall be resumes which demonstrate that the individuals meet the requirements of the position. Information for Key Personnel/Principals shall be submitted separately in a sealed envelope. Reference Key Personnel Clause in Section H, Paragraph H-14. |
Section H-14 – Key Personnel – identifies the various Key Personnel positions to include “Principals.”
Section H-14(b) states, “The United States Marshals Service (USMS) shall perform background investigations on all key personnel prior to award of the contract and prior to the exercise of any option period.”
| Questions: 1) Will Background Investigations be conducted of all Key Personnel to include the Offeror’s Corporate Principals? 2) What information is required to be submitted as part of the Principals’ resumes? | B | L-9(a)4, H-14, C-16, J-List of Attach CSO 005 and 234, SF 85P | Key Personnel | Yes, see SOW C-16(b)(4) and revised H-14(b). Offeror shall submit Key Personnel Social Security Numbers. | ||
| 18 | Is contractor to provide a resume for each of the listed Site Supervisor positions per Circuit? | B | L-9(a)4 | Key Personnel | Yes, see L-9(a)4 for instructions on submissions. | |
| 25 | Reference Section H-14, Key Personnel, (a)1. Please confirm that the Government’s intent is to consider “Principal” Key Personnel only those primary management personnel that will directly be involved with the management of this contract and not all of the officers, directors, owners, managers of the business unit. | B | H-14(a)1 | Key Personnel | No. The category of “Principal” is defined as an officer, director, owner, partner, managing member or any person having a primary management role within the business entity | |
| 128 | Are bidders allowed to use smaller than 12 point font for graphics and tables? If so, what size font can be used in those areas? | B | L-9(a)2 | Proposal | Please refer to L-9(a)2. | |
| 52 | Section B-1, para B-1-E “Labor Escalation”. States that a conformance rate is being sought by DJMS for LCSO; however, the CBAs in general provide this rate. If the DJMS rate is established, and a CBA rate exists which is higher than the conformance rate (and required to be paid under the FAR) what rate would prevail? | B | LCSO Conformance | Section B-1(e) has been removed from the solicitation. CBA rates would prevail and all locations are covered under a CBA. | ||
| 26 | Under Section M-2, the technical evaluation scoring table, Retention of Personnel is listed under the Past Performance Section. Please clarify whether you want the past performance section to include a discussion of the retention statistics for those references or you want a discussion of overall retention practices the bidder employs because it would seem that the latter choice should go under the Ability to Recruit discussion in the Technical Ability to Perform SOW section. | B | L-11, M-1.3, M-2(b) | Past Performance | See Revised Section M. The offeror should address "retention" as part of the Technical Evaluation sub-factor "Ability to Recruit and Furnish Qualified Applicants" in SectionM-2.(b). | |
| 37 | If an offeror is bidding with team mates, can Past Performance Surveys be submitted for sub-contractors and team mates? | B | H-4, L-11, sec L-11(a). | Past Performance | Contractor Team Arrangements shall submit Past Performance References from all Team Members. Past Performance Reference Sheets are submitted directly to the government in Volume 1. The government will send out the Past Performance Surverys to the referencwes provided by the Vendor. | |
| 38 | The solicitation states that Past Performance Surveys are to be completed and submitted with the Technical in Volume I. It also states that Past Performance Questionnaires are to be submitted electronically to the Contracting Officer directly from the reference. Section J attachment 1E/F only has a Past Performance Survey. Are there two (2) distinct forms? If so, can you provide a copy of the Questionnaire? If not, can the government clarify how offerors are to submit the Past Performance information included in Section J attachment 1E/F to the CO? | B | L-11(a), (f) | Past Performance | Refer to revised Section L. Past Performance Reference Sheets are submitted directly to the government in Volume 1. The government will send out the Past Performance Surveys to the references provided by the Vendor for completion. | |
| 51 | Are we correct to presume that the successful offeror would immediately submit an REA for adjustment of wages/benefits to the Oct 1, 2010 pay rates prior to performance? | B | CBA | As stated in F-4, the base year of performance is 10/1/10 through 9/30/11. Offerors shall use the current published CBA rates for the period 10/1/2009 through 9/30/2010, and apply this to the proposed base year and all proposed option years, for estimation and evaluation purposes. 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. | ||
| 53 | For Circuits that have Collective Bargaining Agreements, will the |
contractor be required to assume previously negotiated Collective
| Bargaining Agreements or will the awarded contractor hold negotiations after contract award? | B | CBA | Yes. Pursuant to the Service Contract Act, use previously negotiated CBAs for 10/1/09 - 9/30/10. | |||
| 27 | Section L-14, General Financial and Organizational Information, is to be included in Section B of the Business Proposal. Paragraph (N) references section L6(B)(5). This reference appears incorrect. Please provide the updated reference to include in the Section B of the Business Proposal. | B | L-14 | Price Evaluation | Section L-14 has been deleted in its entirety. | |
| 17 | Section L-2, Hourly Rate Computation: Please clarify if Contractor is to assume that we can add additional categories as part of the Cost Breakout that are not associated with start-up costs as part of our breakout. | B | B-1, L-2 | Pricing | No. All costs must be captured in loaded hourly rate computation or as Start-up Cost where in all other allowable costs that can be identified specifically with the Contract, see L-2(a)(2). All pricing shall be submitted in accordance with L-2 and B-2. | |
| 20 | Contractor’s GSA Federal Supply Schedule contract has an approved Fixed Hourly Bill Rate for the types of services provided by our organization. This pricing structure/methodology as been approved for the Federal Government at standard Fixed Hourly Rate prices which includes the wages and all materials included to perform the service, as they can be easily anticipated and included in the price. This pricing has never been subject to Cost Accounting Standards (CAS) as defined under 48 CFR Sec. 9903.201-1 - CAS applicability Section (b) which states that an exemption from CAS applies to: (6) Firm fixed-priced and fixed-price with economic price adjustment (provided that price adjustment is not based on actual costs incurred) contracts and subcontracts for the acquisition of commercial items. Would USMS accept the pricing structure/methodology approved for Federal contracts, i.e. Fixed Hourly Bill Rates by location? | B | L-1 | Pricing | No, not subject to CAS. FAR clauses 52.215-15, 52.215-17, 52.215-18, 52.230-2 are deleted from Section I. All pricing shall be submitted in accordance with L-2 and B-2. | |
| 21 | It is Contractor understands that most government contracts for this type of service do not incorporate Cost Accounting Standards (CAS) into the contract. Can the Government clarify if Cost Accounting Standards apply to this contract and explain the rationale for including the provided CAS clauses? | B | L-1 | Pricing | No, not subject to CAS. FAR clauses 52.215-15, 52.215-17, 52.215-18, 52.230-2 are deleted from Section I. All pricing shall be submitted in accordance with L-2 and B-2. | |
| 61 | Usually Technical Data does not include Past Performance and Resumes. Please confirm that these sections are not to be included in the total page count | B | Proposal | Resumes, Past Performance and Tabs/Separators are not included in the page count. | ||
| 62 | What is the preferred method of survey submittal: via e-mail or within the proposal? If it is within the proposal, which section is preferred? | B | L-10(d) | Past Performance | Past Performance Reference Sheets are submitted directly to the government in Volume 1. The government will send out the Past Performance Surverys to the references provided by the Vendor. | |
| 63 | Who will be the designated SSA/CO for this contract? | B | Proposal | TBD | ||
| 65 | Section L-9(a)2 – General Proposal Instructions – states, “…the Technical Data shall not exceed fifty double-sided pages or one hundred (100) total pages in length” Question: Just to be perfectly clear, it is permissible to submit single sided pages as long as the total page count does not exceed 100, is that correct? | B | L-9 (a)2 | Proposal | Yes, 50 double-sided pages or 100 single-sided pages | |
| 66 | Section L-9(a)2 – General Proposal Instructions – states, “…the Technical Data shall not exceed fifty double-sided pages or one hundred (100) total pages in length” | |||||
| Question: Is the proposal front matter – Cover/Title Page, Table of Contents, List of Exhibits (Tables and Figures), Executive Summary, etc., included in the total page count or are they exempt? | B | L-9(a)2 | Proposal | Resumes, Past Performance and Tabs/Separators are not included in the page count. | ||
| 67 | Section L-9(b)2 – Technical Proposals – states, “The Offerors are to submit on technical proposal for all circuits offered.” | |||||
| Question: For clarification… if the Offeror is pursuing six (6) of the twelve (12) Circuits then the Offeror is only to submit one Technical proposal, is that correct? | B | L-9(b)2 | Proposal | Yes. Only one technical proposal is to be submitted regardless of how many Circuits are being proposed. | ||
| 68 | Can the USMS provide Sections K and L of the RFQ in Microsoft Word format? | B | K and L | Proposal | No. For a downloadable copy of 52.204-8 -- Annual Representations and Certifications (FEB 2009) in Section K please visit: http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P530_79613. | |
| 127 | Please confirm that resumes for the Contract Managers and Site Supervisors are required in the Technical Volume, but they do not count toward the 100-page limit, as they will consume well over 30 pages. | B | Proposal | Yes. Resumes, Past Performance and Tabs/Separators are not included in the page count. | ||
| 28 | L-12 (b)(2) & L-15– Section L-12(b)(2) requires submission of financial statements with the proposal as set forth in section L-15. However, Section L-15 states that demonstration of financial capability documentation shall be submitted prior to award, within the stipulated timeframes. Please clarify when the information listed in section L-15 (page L-18), L-15(1) and L-15(2) shall be provided. | B | L-12(b)(2), L-14, L-15 | Responsibility Determination | None of this information is required with the proposal as it relates to Responsibility Data, wherein the Contracting Officer must make an affirmative determination of responsibility before award to the Offeror(s) whose proposal is determined to be the most advantageous to the Government price and other factors considered. | |
| 29 | If any information in Section L-15 must be provided with the proposal, please identify. | B | L-15(1) | Responsibility Determination | None of this information is required with the proposal as it relates to Responsibility Data, wherein the Contracting Officer must make an affirmative determination of responsibility before award to the Offeror(s) whose proposal is determined to be the most advantageous to the Government price and other factors considered. | |
| 30 | Section L-15(1). Please confirm the “additional information” listed in items (a) through (g) is not required with the proposal. | B | L-15(1) | Responsibility Determination | Confirmed, this information may be required by Contracting Officer to make an affirmative determination of responsibility before award of the Offer(s) determined to be the most advantageous to the Government price and other factors considered. | |
| 31 | Please confirm that the processes delineated in Section L-15(13) & L-15(14), on pages L-19 and L-20, are the responsibility of the Government. | B | L-15(13), L-15(14) | Responsibility Determination | L-15(13) and L-15(14) are the responsibility of the Contracting Officer. This should not be confused with the requirements of L-15(1), L-15(2), and L-15(3) requiring the Offeror(s) offering the most advantageous proposals to the Government to submit addtional information prior to award. | |
| 32 | If any information to comply with the procedures of Sections L-15(13) & L-15(14) is required to be provided by the offerors within the proposal please identify. | B | L-15(13), L-15(14) | Responsibility Determination | L-15(13) and L-15(14) are the responsibility of the contracting officer. This should not be confused with the requirements of L-15(1), L-15(2), and L-15(3) requiring the Offeror(s) offering the most advantageous proposals to the Government to submit additional information prior to award. | |
| 116 | Section J- Attachment 1(B): Seniority List for the 3rd Judicial Circuit. Everyone on this seniority list is shown as a CSO. However each CBA in this circuit has multiple positions to include CSO, LCSO and SLCSO & the Attachment 1(A) Summary spreadsheets also list several LCSOs. Please provide an updated seniority lists to show which employees are LCSO, and SLCSO, if any. | B | Section J- Attachment 1(B) | Seniority List | The Government identifies positions only as CSO, LCSO. A CBA is an agreement between the contractor and the union. Data is provided for informational purposes only. USMS does not attest to the complete accuracy of the data provided by the incumbent contractor. | |
| 117 | Section J- Attachment 1(B): Seniority List for the 3rd Judicial Circuit. In the seniority list Mr. McNair is listed as working in New York, NY. In the New Jersey District 50, there are no New York, NY locations in this circuit. Please clarify. If he does work in New York, NY, which building does he support? Is he a CSO as shown on this list or is he in another position? | B | Section J- Attachment 1(B) | Seniority List | The Government identifies positions only as CSO, LCSO. A CBA is an agreement between the contractor and the union. Data is provided for informational purposes only. USMS does not attest to the complete accuracy of the data provided by the incumbent contractor. | |
| 118 | Section J- Attachment 1(B): Seniority List for the 3rd Judicial Circuit. Mr. Thrower, Senior is listed in the PA section as working in Camden, NJ. Please clarify where this employee is assigned to work. | B | Section J- Attachment 1(B) | Seniority List | The Government identifies positions only as CSO, LCSO. A CBA is an agreement between the contractor and the union. Data is provided for informational purposes only. USMS does not attest to the complete accuracy of the data provided by the incumbent contractor. | |
| 119 | Seniority List for the 3rd Judicial Circuit. Please confirm that there are no Easton, PA locations and employees. | B | Section J- Attachment 1(B) | Seniority List | Please refer to Section J- Attach 1(C) Price Summary Sheets for 3rd Circuit | |
| 120 | The Seniority list for Charlotte, NC (Western district of NC) shows an LCSO2 position, but the applicable CBA only has a CSO, an LCSO and an SLCSO rates. Please indicate which of these rates applies to the LCSO2. | B | J-Attachment 1(B) – Seniority List for the 4th Judicial Circuit | Seniority List | The Government identifies positions only as CSO, LCSO. A CBA is an agreement between the contractor and the union. Data is provided for informational purposes only. USMS does not attest to the complete accuracy of the data provided by the incumbent contractor. | |
| 121 | The seniority List for Alexandria, VA shows LCSO, CSO, and SSO and LSSO positions, while the CBA only lists CSO, LCSO and SLCSO rates. Please confirm that the LSSO rate is the same as the LCSO rate and that the SSO rate is the same as the CSO rate. | B | J-Attachment 1(B) – Seniority List for the 4th Judicial Circuit | Seniority List | The Government identifies positions only as CSO, LCSO. A CBA is an agreement between the contractor and the union. Data is provided for informational purposes only. USMS does not attest to the complete accuracy of the data provided by the incumbent contractor. | |
| 122 | The Seniority list for Mobile, AL (Southern district of AL) shows an LCSO2 position, but the applicable CBA only has rates for CSO, LCSO and SLCSO. Please indicate which of these rates applies to the LCSO2. | B | Section J-Attachment 1(B) – Seniority List for the 11th Judicial Circuit. | Seniority List | The Government identifies positions only as CSO, LCSO. A CBA is an agreement between the contractor and the union. Data is provided for informational purposes only. USMS does not attest to the complete accuracy of the data provided by the incumbent contractor. | |
| 123 | The Seniority list for Miami, FL (Southern district of FL) shows positions for LCSO, LSSO2 and SSO, but the applicable CBA does not address these positions. Please indicate which of the CBA rates apply to the LCSO, LSSO2 and SSO positions. | B | Section J-Attachment 1(B) – Seniority List for the 11th Judicial Circuit. | Seniority List | The Government identifies positions only as CSO, LCSO. A CBA is an agreement between the contractor and the union. Data is provided for informational purposes only. USMS does not attest to the complete accuracy of the data provided by the incumbent contractor. | |
| 124 | The Seniority list for Atlanta, GA (Northern district of GA) show positions for LCSO2, LSSO and SSO. However, the applicable CBA does not address these positions. Please indicate which CBA rates apply to the LCSO2, LSSO and SSO positions. | B | Section J-Attachment 1(B) – Seniority List for the 11th Judicial Circuit. | Seniority List | The Government identifies positions only as CSO, LCSO. A CBA is an agreement between the contractor and the union. Data is provided for informational purposes only. USMS does not attest to the complete accuracy of the data provided by the incumbent contractor. | |
| 125 | The seniority List for Savannah, GA (Southern district of GA) shows SSO & LSSO positions, while the CBA only lists CSO, & LCSO rates. Please confirm that the LSSO rate is the same as the LCSO rate and that the SSO rate is the same as the CSO rate. | B | Section J-Attachment 1(B) – Seniority List for the 11th Judicial Circuit. | Seniority List | The Government identifies positions only as CSO, LCSO. A CBA is an agreement between the contractor and the union. Data is provided for informational purposes only. USMS does not attest to the complete accuracy of the data provided by the incumbent contractor. | |
| 126 | Reference Attachment 1-B, Seniority Lists. The lists do not identify whether the incumbents are full-time or in a shared position. The incumbent contractors have this information and therefore enjoy a competitive pricing advantage. We ask that the government provide the lists in Microsoft Excel format and add the following information to each listing: |
a. CBA (or district) that applies to each individual
| b. Full time or shared | B | Seniority List | Please refer to list. Information is available. | |||
| 138 | There appears to be discrepancies in the number of authorized personnel listed on the Specification and Pricing Cost Summary Sheets and the Seniority lists. These discrepancies are listed below. Do these discrepancies indicate significant personnel shortages? If so, can the government please provide the cause of the shortages? If the shortages are not as significant as indicated in the seniority lists, will the government please provide, by circuit, the current CSO and LCSO shortages, if any, so that offerors can properly assess recruiting costs? | B | see Word. Item 165 chart RE: Seniority List | Seniority List | Current staffing levels is a security matter and not to be disclosed. Staffing levels fluctuate frequently and are required to be met by the contractor. The contractor must fully staff the specified CSO positions by the official commencement date of this contract. Data is provided for informational purposes only. USMS does not attest to the complete accuracy of the data provided by the incumbent contractor. | |
| 12 | Section L-10(c) – Content of the Technical Proposal (Technical Ability to Perform Statement of Work, Corporate Management and Past Performance) -- states, “Technical Ability to Perform the Statement of Work, Corporate Management, Past Performance, and Small Business Subcontracting Plans are important considerations in the award of this contract; therefore, these sections should be specific and complete and should set forth in detail the evaluation criteria in Section M. Note that the Small Business Subcontracting Plan shall be placed in the Business Proposal as stated below.” |
Section L-12(b)(5) – Content of the Business Proposal – calls for the Small Business Subcontracting Plan as referenced in the previous paragraph.
| Section M.1.2 – Technical Evaluations – states, “The Government will evaluate the offeror’s proposal for quality of the proposed performance of the statement of work as specified in the evaluation criteria’s technical abilities, contract management factors, past performance, and small business subcontracting plan.” Continued | B | L-10(c), L-12(b)(5), M.1.2, M-2(b) | Small Business Subcontracting Plan | L-10(c) is being corrected to read "that the Small Business Subcontracting Plan shall be placed in the Business Proposal and evaluated separately by the Contracting Officer and Small Business Administration for compliance with the terms and conditions of the solicitation and the Small Business Act". The Small Business Plan will not be part of the Technical Evaluation. L-12(b)(5) is correct. M-1.2 and M-2(b) are corrected to replace the words " corporate management standards" with "contract management..". M-2(b) last paragraph will be renumber as paragraph (c) and current paragraph (c) will be renumbered as paragraph (d). | ||
| 13 | Question: Section L is quite clear as to the Small Business Subcontracting plan being placed in the Business Volume. Section M.1.2, however, shows the “Plan” being evaluated as part of the Technical evaluation criteria. Two questions for clarification: 1) Where precisely does the Government want the Small Business Subcontracting Plan to reside in the proposal; and, 2) Will the Small Business Subcontracting Plan be evaluated as a part of the Technical or Business proposals? | L-12(b) 5, M-1.2M-2(b) | Small Business Subcontracting Plan | See Question 12 above. | ||
| 16 | Section L-12: Please clarify if the USMS requires Contractor to submit the Contractor’s standard Government subcontracting plan. | B | I-1 Clause52.219-9, Alt II | Small Business Subcontracting Plan | Clause 52.219-9, Alt II requires proposals submitted in response to this solicitation shall include a subcontracting plan that separately addresses subcontracting with small business, veteran-owned business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and woman-owned small business concerns. The Government will accept an individual or master subcontracting plan. | |
| 36 | The solicitation states, “All requests for approval to subcontract must be submitted in writing to the Contracting Officer for consideration and approval”. In the following paragraph it also states, “In establishing plans and setting goals, offerors shall consider the restrictions in this provision as the controlling requirement. Accordingly, subcontracting plans may identify needs other than CSO services (e.g., indirect corporate requirements) and appropriate strategies to acquire direct portions of CSO work requirements IF and WHEN authorized by the USMS Contracting Officer”. These references seem to state that it is the intent of the USMS service that offerors submit a subcontracting plan that contains goals that will only be achieved if the subcontracted activity is for other than CSO positions, and that it is not the intent of the USMS that the offerors subcontracting plan contain subcontracting of CSO positions. Does this language prohibit an offeror from creating a team or using subcontractors for entire Districts in order to meet the USMS Subcontracting Goals? | B | Pg. H-1, sec H-1(a)&(b). | Small Business Subcontracting Plan | This language does not prohibit a Contractor Team Arrangement (FAR 9.601(1), two or more companies form a partnership or joint venture to act as a potential prime contractor.) Teaming arrangements will be evaluated. A Contractor Team Arrangement must comply with the overall terms and conditions and would have to comply with the requirements of H-1, Subcontracting Restriction. | |
| 44 | Small Business Subcontracting Plan. H-1 indicates that “Except as specifically stated in the contract … or approved in writing in advance by the Contracting Officer, the Contractor must not subcontract any work under this contract…Accordingly, subcontracting plans may identify needs other than CSO services…. L-12 indicates that the USMS 2008-2009 Procurement Preference Goals for small business concerns is 60%. Question: Does the subcontracting percentage of 60% apply to the contracted value or just to the subcontracted value? | B | SECTION H-1 SUBCONTRACTING RESTRICTIONS and SECTION L-12 (b) 5 | Small Business Subcontracting Plan | H-1(b) states: Accordingly, subcontracting plans may identify needs other than CSO services (e.g., indirect corporate requirements) and appropriate strategies to acquire direct portions of CSO work requirements if and when authorized by the USMS Contracting Officer. Section L-12 Provides the overall agency goals while H-1 states it the controlling requirement. The offeror's subcontracting plan should reflect a balance of these two requirements as stated by looking to indirect corporate requirements as a means of meeting the set-asides stated in Section L-12. | |
| 45 | If an Offeror is proposing on more than one Circuit, should the Subcontracting Plan identify dollars and percentages for EACH circuit SEPARATELY? | B | Section L, Clause L-12 (b) 5 | Small Business Subcontracting Plan | The choice of preparing a subcontracting plan for all Circuits being proposed or on the basis of individual Circuits is left to the discretion of the offeror. A corporate subcontracting plan may be submitted. The contracts will be awarded on the basis of each Circuit. An offeror that submits a plan that is unacceptable by the due date for Final Proposal Revisions will be ineligible for award. | |
| 46 | Are the Preference Goals cited applicable to each circuit awarded or to the total awarded contract? | B | L-12(b) 5 | Small Business Subcontracting Plan | See response in #45. The choice of preparing a subcontracting plan for all Circuits being proposed or on the basis of individual Circuits is left to the discretion of the offeror. A corporate subcontracting plan may be submitted. The contracts will be awarded on the basis of each Circuit. An offeror that submits a plan that is unacceptable by the due date for Final Proposal Revisions will be ineligible for award. | |
| 10 | The Acceptable Financial Capability rating/evaluation is included in Section L, but is not included as part of the evaluation criteria in Section M. Will this evaluation occur before or after contract award? | B | L-15, M-1(C) | Responsibility Determination | The Acceptable Financial Capability is a part of L-15, Special Standards of Responsibility as set out in M-1(c). FAR 9.103 Requires the Contracting Officer to make an affirmative determination of responsibility before award to the the Offeror(s) whose proposals are determined to be the most advantageous to the Government price and other factors considered. | |
| 49 | Will the USMS allow a transition period from the date of award to contract start? If so, please indicate how long that transition period will be. | TB | C | Misc | See addition of Section C-28. | |
| 39 | The solicitation states that offerors must produce evidence of licensure within 14 days of a CO request, while on the page prior in the 2nd paragraph under sec L-15, the solicitation states; “Prior to award … the contractor must, within the timeframes stipulated, provide evidence and documentation of … the following … itemization of those documents…” (where licenses are on the list). Are the offerors required to show evidence of in hand licenses for armed guard services in each jurisdiction included in their bid package at the time of submission? | B | H-5, L-15(3) | Responsibility Determination | The Contractor must secure and maintain in a current status all required licenses and permits applicable to the lawful functioning within the locations listed in Section B, Supplies or Services and Prices / Costs. In doing so, the Contractor must furnish evidence to the Contracting Officer, of a company license (state and/or local) authorizing the company to provide guard service within that state and/or locality, or evidence of application for same, within 14 days after request by the Contracting Officer. CSO's need not have or maintain state certifications and guard licenses in the state they are working in. | |
| 47 | In Section M 2. Technical Evaluations, the small business subcontracting plan is listed as an evaluation criteria. Please confirm whether the small business subcontracting plan should be included in the Business Proposal or the Technical Proposal. | B | L-10(c), M-2(b) | Small Business Subcontracting Plan | L-10(c) is being corrected to read "that the Small Business Subcontracting Plan shall be placed in the Business Proposal and evaluated separately by the Contracting Officer and Small Business Administration for compliance with the terms and conditions of the solicitation and the Small Business Act". The Small Business Plan will not be part of the Technical Evaluation. | |
| 1 | Can the contractor invoice the USMS separately for the Hawaii, Washington and New Mexico Gross Receipts tax that it must pay on revenues in those states or should that be included in the basic rate for the those Circuits? | B | I | Taxes | Taxes should be factored into the basic rate for those Circuits in accordance with FAR 29.201(b) and FAR 52.229-3. | |
| 7 | The technical evaluation will be based on a weighted point score. The offeror’s ability to perform the SOW is measure by three factors as stated in M-2. However, there are many other mission-critical factors in the SOW that are not covered by these three evaluation factors. Does the government wish the contractor to demonstrate their understanding and knowledge of other mission-critical SOW requirements? If so, where in the offeror’s proposal would that be appropriate to include? And, if so, how will that be evaluated in the weighted point score? | B | M-2, C, | Tech Eval | See Revised Section M. | |
| 8 | In past procurement, a "demonstrated understanding of the SOW" was actually an evaluation factor under the Management section. However, it isn't part of the weighted evaluation in the technical scoring of this new Section M-2. I didn't know if you meant to leave it out, or if it really is part of the Corporate Experience factor - good to clarify it up front. | B | M-2, C, | Tech Eval | See Revised Section M. | |
| 9 | The technical evaluation will be based on a weighted point score. The offeror’s ability to perform the SOW is measure by three factors as stated in M-2. However, there are many other mission-critical factors in the SOW that are not covered by these three evaluation factors. | |||||
| Does the government wish the contractor to demonstrate their understanding and knowledge of other mission-critical SOW requirements? If so, where in the offeror’s proposal would that be appropriate to include? And, if so, how will that be evaluated in the weighted point score? | B | M-2, C, | Tech Eval | See Revised Section M. | ||
| 11 | The second technical evaluation factor is “ability to maintain required CSO standards”. Section C includes a table of contents that lists seven separate areas or types of CSO standards (qualifications, performance, training, medical, physical, weapons proficiency, and dress). Is the USMS asking for all of those areas to be addressed as part of the second technical evaluation factor? | B | C, M-2(b) | Tech Eval | Yes, see revised Section M. | |
| 33 | Does the Technical section require (d)(1), (d)(2), and (d)(3) to be included in each section (Section 1, Section 2, Section 3) of that volume, or are (d)(1), (d)(2), and (d)(3) only to appear at the beginning of that volume? | B | L-10(d) | Tech Eval | Applies to the technical section only, first paragraph, last sentence. | |
| 34 | “Corporate Management” is referenced in this section, but “Contract Management” is referenced on page M-3, Section M-1 (2) Technical Evaluations. Please clarify which topic is required to be discussed and provided | B | L-9(b)2, M-1.2, M-2(b) | Tech Eval | M-1.2 and M-2(b) are corrected to replace the words "corporate management' with "contract management standards". | |
| 35 | The solicitation does not contain any reference to oral presentations. In prior solicitations the USMS has required orals, where the Government has been able to meet, question and develop an understanding of the offerors in the competitive range. Given the limited number of offerors with actual contract experience in the CSO program, is there any contemplation of orals for this solicitation? | B | Tech Eval | Oral Presentations are not being considered. Offerors are encouraged to address all evaluation criteria thoroughly within their written submitted proposals. | ||
| 48 | Section L refers to “Corporate Management” as part 2 of the Technical Proposal. Section M refers to “Contract Management” for the same section. Are these terms interchangeable? | B | L-9(b)2, M-1.2, M-2(b) | Tech Eval | These are not interchangable. All three paragraphs that have incorrectly identified corporate management factors, by calling them contract management factors, have been corrected. | |
| 15 | Does the Government anticipate that this effort will be performed under GSA Schedule 84, Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue, Clothing, Marine Craft and Emergency/Disaster Response? If yes, please clarify if the Contractor must confirm that its GSA Schedule contract covers the entire geographic area defined by this requirement? | B | L-1, 52.216-29, L-9(c) | Type of Contract | The Contracting Officer has determined these services to be noncommercial item acquisitions with adequate price competition, see L-1 Provision 52.216-29. Offerors may submit separate proposals for one or more Circuits, or all Circuits, and they may use their GSA schedule pricing provided it conforms to the terms and conditions of the solicitation and resulting contract. | |
| 19 | FAR 16.601 (c) Application states: A time-and-materials contract may be used only when it is not possible at the time of placing the contract to estimate accurately the extent or duration of the work or to anticipate costs with any reasonable degree of confidence. Since the non-labor costs associated with providing these services to the government can be anticipated with a reasonable degree of confidence, will the USMS contemplate issuing a Fixed Priced Hourly Rate type contract? If not, can you please provide an explanation as to the rationale behind this decision based on FAR clause 16.601? | B | L-1, 52.216-29 | Type of Contract | The type of contract for this requirement is FFP – ID/IQ. This type of contract provides the government flexibility to respond to the needs of all of the facilities (courthouses). | |
| 5 | Under the Freedom of Information Act, can I have the previously | |||||
| awarded contractors name and award amounts for the Judicial Circuits? | B | FOIA | You need to submit a FOIA request to the Office of General Counsel, USMS. | |||
| 6 | Our firm is a part of a team considering bidding on one of the twelve districts. Could you please inform us of whom the incumbent is in Circuit #4 & Circuit #9? | B | Circuit bids | The incumbent for both Circuits 4 and 9 is Akal Security, Inc. | ||
| 64 | Is Excel 2003 format acceptable? | B | L | Proposal | Yes | |
| 69 | Please provide the current total contract award amount for each of the 12 Circuit Courts? | B | Misc | Complete information is not currently available. Proposal should be based on the information provided. | ||
| 70 | Is there a limit on the number of Circuit Courts that can be awarded to a single Contractor? | B | Circuit bids | No. | ||
| 71 | Please describe what the Government will require regarding payment of accrued benefits such as vacation, sick and personal time to incumbent personnel selected to continue duty but now employed with a new service provider. | B | CBA | All accrued benefits earned by incumbent personnel must be settled by the outgoing contractor. The new service provider, at a minimum, must provide benefits, as required by the Service Contract Act and as amended and interpreted by the Department of Labor, at the same level. | ||
| 72 | Is there a minimum amount of Past Performance Surveys to be submitted with the proposal? | B | L-11(a) | Past Performance | Please refer to L-11, revised. | |
| 73 | Please clarify if there is a small business subcontracting requirement for this contract. If yes, please provide the percentages. | B | L-12(b) 5 | Small Business Subcontracting Plan | Please refer to L-12(b)5 | |
| 74 | Please clarify if the Past Performance Survey Forms and resumes of the Site Supervisor and Contract Manager count towards the 100 page limit of the Technical Proposal Volume. | B | Past Performance | Resumes, Past Performance and Tabs/Separators are not included in the page count. | ||
| 75 | Section M-1: A full-time position of 40 hours per week totals 2080 annual hours. The Basic Rate provided in the RFQ is defined as 2008 annual hours for each position. Please provide details on the reduction of these hours to 2008. | B | M | Proposal | Section M and the Price Summary Sheets have been revised to reflect 1908 instead of 2008. 1908 is an estimated average of hours worked per position based on historical data and is used as a basis for obtaining an equal evaluation of all proposals. | |
| 86 | Section F-4 Period of Performance states “The base period of performance start date (effective date) for all contracts will be October 1, 2010 and continue through September 30, 2011”. |
| QUESTION: Many of the Collective Bargaining Agreements expire on September 30, 2010 and only a few Collective Bargaining Agreements address pay rate and/or Health and Welfare adjustments after October 1, 2009. Will the government grant price adjustments for Collective Bargaining Agreements negotiated prior to and/or after October 1, 2010? | B | F-4 | CBA | As stated in F-4, the base year of performance is 10/1/10 through 9/30/11. Offerors shall use the current published CBA rates for the period 10/1/2009 through 9/30/2010, and apply this to the proposed base year and all proposed option years, for estimation and evaluation purposes. 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. | ||
| 100 | Section B-1 (c), Wage Determination (WD) requires that at a minimum the contractor maintain the current wages and benefits paid to incumbent LCSOs and CSOs covered by a Wage Determination. Given that only the incumbents have the current wages for those positions/locations that are not covered by a CBA, we request a listing of all Wage Determination positions by site, current wages and benefits, WD revision and effective dates, if any. | B | CBA | All CSO/LSCO locations have are covered by collective bargaining agreements (CBA) and those CBAs have been provided in the solicitation. | ||
| 101 | Reference Section G-7. Please confirm that the term wage determination as used in this section refers to both the Department of Labor (DOL) Wage Determinations (WDs) and any applicable Collective Bargaining Agreements (CBAs). | B | CBA | Yes. |
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