Q A 3 May 08.doc

1. Reference attachment 9, L-1 Cost Model, patrols & security response are listed as follows:

CLIN 0001

Installation Patrol - 1 Post

External Security Response - 4 Posts

Internal Security Response - 3 Posts

In order to determine vehicle requirements please indicate if each of the above post require a vehicle or if some posts have more than one officer per vehicle.

The following is provided for CLIN 001:

· Installation Patrols cover the entire installation (15,000 acres +).

· External Security Response provides zone coverage of the installation (north and south).

· Internal Security Response for CLINS 0001, 0002, 0005, 0006, 0007, 0012 cover small to medium protection level resources. Vehicle usage for these areas is a decision of the contractor.

· Internal Security Response for CLIN 0006 covers large protection level resources.

The number of vehicles and number of officers per, is at the discretion of the contractor.

2. Please advise as to what documents provided by the Government for the subject solicitation address the detailed scope of services to be provided to those annexes not collated with the CCAFS.

45 SWI 31-101 and OPLAN 31-101V2.

Questions 1 May 2008

3. Reference 1.4 SECURITY FORCES OPERATION. The Contractor shall: Provide entry control and Security Response Teams (SRTs). 1.4.1 Aerospace Systems Security. The contractor shall provide protection for Protection Level 1, 2, 3, and 4 resources as defined in AFI 31-101, paragraph 2.8. They include but are not limited to space-lift, launch, payload systems, command and control systems, protection of priority and non-priority aircraft

Is the Security Response Team (SRTs), required to be armed and equipped in accordance with AFI 31-101? Reference AFI 31-101, Chapter10.

Yes, with the exception of M203, M249, and internal NVGs and Weapon Aiming Lights Infared.

4.

Reference Q&A 1 May 08, Questions #3 and #4.

3. The Collective Bargaining Agreement - The last wage and benefit adjustments are effective October 1, 2008, the projected start date for the new contract. For pricing the Option Years, should the contractor maintain the same CBA wages and benefits as the Base Year, or are we allowed to adjust the Option Years based on our intended strategy for negotiations?

In accordance with the Service Contract Act the prevailing offeror is only obligated to pay the wage and benefits of the Current CBA for the first year of the contract. After the first year all negotiations are at the discretion of the offeror. Proposed prices are also under the complete control of the offeror.

4. Seniority List – Will the Government provide a seniority list for the bidders to use in calculating vacation requirements?

This information belongs to the current contractor and the union and is pertinent only to them for the purposes of the work rules such as assignment of overtime and job duties.

Successor contractors are not required to comply with the seniority work rules of the predecessor contractor.

FAR 22.1020 specifically directs the contracting officer to provide the succeeding contractor a certified list of all service employees on the predecessor contractor or subcontractor's payroll during the last month of the contract, together with the anniversary dates of employment for purposes of determining employee eligibility fro vacation or other fringe benefit s based on length of service. The regulation states this information is to be provided at the commencement of the succeeding contract.

As you point out in your answer to question 3, the prevailing offeror is only obligated to pay the wage and benefits of the Current CBA for the first year of the contract. Then in answering question 4, you only address work rules. FAR 22.1020 does not seem to prohibit allowing propective offerors access to anniversary dates of incumbents for the purpose of determining accurate cost projection for a Firm Fixed Price. It does require the contracting officer to give the certified list at the commencement of the new contract.

Question: To provide a fair and level playing field and to allow reasonable price competition, will the contracting office provide the list of incumbent hire/anniversary dates to prospective offerors?

Answer

22.1020 -- Seniority Lists.

If a contract is performed at a Federal facility where employees may be hired/retained by a succeeding contractor, the incumbent prime contractor is required to furnish a certified list of all service employees on the contractor’s or subcontractor’s payroll during the last month of the contract, together with anniversary dates of employment, to the contracting officer no later than 10 days before contract completion. (See paragraph (n) of the clause at 52.222-41, Service Contract Act of 1965.) At the commencement of the succeeding contract, the contracting officer shall provide a copy of the list to the successor contractor for determining employee eligibility for vacation or other fringe benefits which are based upon length of service, including service with predecessor contractors if such benefit is required by an applicable wage determination.

As you can see, the above FAR reference is very specific regarding Seniority Lists, and states that the incumbant contractor is not required to provide such information until 10 days prior to contract completion and the seniority list will only be provided to the successor contractor at the commencement of the succeeding contract, therefore the requested list will only be provided to the prevailing contractor. Again this information belongs to the current contractor and the union not the government. However, the FAR does not preclude the offerors from contacting the union or the incumbanent contractor and requesting the list directly from them.