RFI's 2.docx

Question #1 Section 1.1 : "The contractor must be aware that this is a year-round contract and must be able to show that they have sufficient trained and capable falconers, birds of prey, and dogs, taking into account long hours of service, peak bird activity periods, molting, etc. ...The contractor will have the following licenses/permits related to falconry:"

(This basically mandates the usage of birds of prey and dogs)

Response #1

1.1 Methods, Resources and Operations now reads:

The contractor will provide the necessary methods and resources to adequately conduct wildlife control services around the March ARB airfield, hangars, and other airfield buildings and structures on or directly adjacent to the flight line between 0700L and sunset Monday through Friday, and occasional eight hour days on the weekend (Saturday and/or Sunday). Any weekend duty required will be determined monthly by Airfield Management and the COR for this contract. Weekend duty may be required for increased flying operations, air show support, etc. The eight hours a day on the weekends will generally begin after sunrise, but can be altered with the permission of the BASH Manager/Contracting Officer Representative (COR). The contractor must be aware that this is a year-round contract and must be able to show that they have sufficient trained and capable falconers, birds of prey, dogs, or other comprehensive measures taking into account long hours of service, peak bird activity periods, molting, etc. Use of dogs, birds of prey, or other comprehensive measures will be coordinated with the Airfield Manager. The contractor will coordinate with Base Operations and the Control Tower before, during, and after all falconry/bird of prey/canine activities, or other comprehensive measures.

The contractor shall maintain all applicable licenses/permits associated with the measures provided. For example, if the use of falcons is anticipated by the contractor, the contractor will have the following licenses/permits related to falconry:

1. California Department of Fish and Game falconry license or equivalent

2. Federal Fish and Wildlife Falconry permit

3. Federal Fish and Wildlife permit allowing “special purpose abatement using raptors”

Question #2 Section 1.2 : "The contractor will also maintain a suitable supply of pyrotechnics used for harassment... The contractor will provide necessary rifles and ammunition to carry out wildlife harassment and, as a last resort, depredation. The contractor will have the following licenses/permits related to firearms and pyrotechnics:"

(This basically mandates the usage of pyrotechnics and rifles)

Response #2

1.2.1 Trapping, Relocation and Depredation now reads:

The contractor will provide all equipment necessary for any trapping deemed necessary for the wildlife control program. The contractor will provide a road worthy registered insured vehicle. Vehicles utilized to transport the contractor-owned animals and handlers (if used) must be capable of off-road/pavement operations under any type of weather condition. The contractor is responsible for all maintenance on equipment. The contractor will also maintain a suitable supply of pyrotechnics if used for harassment. It is the responsibility of the contractor to provide safe and secure storage of pyrotechnics and any other equipment. The contractor may provide necessary rifles and ammunition to carry out wildlife harassment and, as a last resort, depredation. If the use of rifles and pyrotechnics are some of the measures anticipated by the contractor, the contractor will have the following licenses/permits related to firearms and pyrotechnics prior to the use of these measures:

1. Bureau of Alcohol, Tobacco, Firearms and Explosives license.

2. Valid training certificate from the National Rifle Association (or equivalent) certifying training on weapons safety and use.

Question #3 Section 1.2.2 : "The contractor will also provide any tracking / banding devices deemed necessary to monitor relocation programs. The contractor will also provide equipment to track falcons."

(This again mandates the usage of falcons)

Response #3

1.2.2 Tracking now reads:

The contractor will also provide any tracking/banding devices deemed necessary to monitor relocation programs for measures used. The contractor will also provide the applicable tracking equipment for these measures.

Question #4 Section 1.3 : "Red-tail Hawk and other bird nests must be removed from the airfield, hangars, and other buildings/structures..."

(This would make a contractor responsible for removing every bird nest from every building/display aircraft/tower, etc. on base. Is this really the intention of this PWS?)

Response #4

1.3.3 Trapping and Relocation now reads:

The contractor will trap and relocate wildlife as needed to provide for air safety. However, all federal, state, and local regulations and restrictions must be adhered to before this action is carried out. Red-tail Hawk and other bird nests must be removed from the airfield, hangars, and other buildings/structures on or directly adjacent to the flight line, but only if approved by federal, state, and March ARB wildlife agencies.

Question #5 Section 1.3.1 : "Upon encountering wildlife, the wildlife control unit will use birds of prey/canines, pyrotechnics, Bio-Acoustic Bird Scaring System, trapping, or air cannon to..."

(The use of the word "will" mandates the usage of these specific methodologies.)

Response #5

1.3.1 General Description of Operations now reads:

The contractor will provide full time wildlife control personnel to cover the hours necessary to protect flying operations. The contractor will be fully operational effective the date of contract award. The contractor will also monitor perimeter fencing for potential entry points of entry by wildlife and report findings to Base Operations. Personnel operating under the contract must have experience in areas related to wildlife management, habitat management, biology, ornithology, etc. as stated in Section 4.1 of this Performance Work Statement. These personnel are expected to be either on patrol or on call on or near the airfield for the hours between 0700L and sunset Monday through Friday, and eight hours a day on requested Saturdays and/or Sundays (see paragraph 1.1). The eight hours a day on the weekends will generally begin after 0700L, but can be altered at the request of the BASH Manager/COR. On call is defined as duties not including patrolling. This could be, but is not limited to attending meetings, care and feeding the birds/dogs, and other on-base tasks necessary for contract fulfillment. While on call, the contractor’s personnel will have a ten minute response time to any calls during these periods not on the airfield. These personnel will be responsible for ridding the airfield of all potential wildlife hazards to flight operations. This includes, but is not limited to historically encountered wildlife at March ARB such as Red-tail Hawks, crows, doves, kestrels, any other birds, coyotes, and stray dogs. The wildlife control unit will regularly patrol the airfield to monitor wildlife activities each day. Upon encountering wildlife, the wildlife control unit will use birds of prey/canines, pyrotechnics, Bio-Acoustic Bird Scaring System, trapping, air cannon, or other comprehensive measures to rid the threat from the airfield and will notify Control Tower and Base Operations. In the event the wildlife observed becomes a "safety of flight" problem, depredation may be considered. Prior to depredation, coordination and approval is required with Base Operations, Wing Safety, Environmental Management, and Security Forces.

Question #6 Section 1.3.4 : "The contractor may also be required to use air rifles, low caliber rifles or shotguns, but only in accordance with..."

(This basically mandates the usage of shotguns and rifles since it dictates that it may be required)

Response #6

1.3.4 Use of Air and/or Low-Caliber Rifles and/or Shotguns now reads:

The contractor may utilize air rifles, low caliber rifles or shotguns, but only in accordance with the requirements set forth in section 1.4.2 of the Performance Work Statement. If used, the contractor will supply all weapons, explosives and ammunition required for depredation.

Question #7 Section 1.4.3 : "If any contractor personnel are taking any medication, prescribed or over-the-counter, which would be required to be taken within the eight hours prior to or while bearing firearms, they must notify Security Forces, who will determine if they will be allowed to bear firearms."

(This would require a contractor to notify Security Forces every time they take an aspirin, applies fungal foot cream, or any over-the-counter medication. Is this truly the intent of this section or is it for medications that would impair their performance and ability to bear firearms?)

Response #7

1.4.3 Alcohol & Medication now reads:

All personnel bearing firearms or using explosives on the installation must agree to refrain from consuming any alcohol within eight hours prior to bearing firearms on the installation. If any contractor personnel are taking any medication, prescribed or over-the-counter, that could impair their performance and/or ability to bear firearms while on duty, they must notify Security Forces, who will determine if they will be allowed to bear firearms.

Question #8 Section 1.4.4 : "The contractor must have experience (with any valid certification/license) in operating firearms/pyrotechnic devices."

(Again, if a contractor did not intend on utilizing firearms in the performance of the service, why would it be a requirement that they have experience in operating them?)

Response #8

1.4.4 License and Certifications now reads:

The contractor must have experience (with any valid certification/license) in operating firearms/pyrotechnic devices (if used). The contractor must have approval from Security Forces before introducing any arms, ammunition, & explosives (AA&E) on the installation (including air rifles). Firearms must be carried in plain view; no concealed weapons. AA&E may not be stored on the installation without written approval of Security Forces. The contractor must maintain constant surveillance of all AA&E they bring onto the installation. At no time will AA&E be left unsecured. The contractor must provide security forces a listing of all personnel working for them who will be using AA&E on the installation. All personnel bearing firearms must consent to a background check prior to being authorized to bear firearms.

Question #9

"At no time will AA&E be left unattended."

(This precludes leaving them in a locked vehicle or approved storage facility, requiring that the items be on/with the contractor at all times, which is neither practical nor safe.)

Response #9 See response #8.

Question #10 Service Summary : "Animals maintained and trained for year-round operations"

(This again basically mandates the usage of birds of prey and dogs or some other animal)

Response #10

2. Service Summary (SS) now reads:

Service Summary

Question #11 Section 3.2 : "The contractor will provide their own temporary building in the immediate vicinity of the airfield."

(What if the contractor chooses not to utilize a temporary building? There is nothing particularly detailed in the performance of this service that would require the utilization of a temporary building. Additionally it appears that the Government is not providing a water hookup for the building. This seems impractical for any building usage.)

Response #11

3.2 Facilities now reads:

The contractor will provide their own temporary building or storage that will allow contractor direct access to all resources necessary to support the type of measures used. The temporary building, if preferred, whether leased or owned by the contractor, will only be used in the performance of official contractor duty. Historically, the building, with a functional air conditioning and heating unit, has had approximately 200 square feet or greater for an office area and suitable space and utilities for care of birds of prey/dogs and storage of equipment. The government will provide the contractor’s temporary building with electrical hook-up, as necessary. Water is available from the exterior of Building 394 and other airfield buildings. This can be used to meet the requirements for maintaining live animals. In addition, restrooms are available at Base Operations on a 24-hour basis for the contractor’s use.

Question #12 Section 4.1.3 : The contractor employees shall not perform any company work outside of the scope of this contract on government or contractor furnished equipment."

(This seems inappropriate, particularly for contractor equipment. This means, for example, that the company vehicle cannot be utilized for anything else, even to commute to home. Since this is a contract for services, not supplies, any restrictions on contractor equipment or supplies would be inappropriate. Additionally, we provide many services to the benefit of the Government that are over and above the requirements of almost all PWSs of this type. Does this mean that a contractor will not be allowed to perform any services to the benefit of the Government, since they would technically be outside the scope of the contract?)

Response #12

4.1.3 All Employees now reads:

All contractor employees must be able to read, write, speak, and understand English fluently and to a technically proficient level. The employees must learn and understand government and military acronyms, definitions, technical terminology, publications and forms consistent with performing duties required of this contract.

Contractor personnel shall present a neat appearance and be easily recognized. This shall be accomplished by wearing appropriate badges which contain the company name, contract name, contract number and expiration date, and the employee name and their photo. Badges must be worn on the front of the outer clothing, between the neck and the waist, and be visible when the employee is performing work under this contract.

Contractor personnel shall be appropriately attired to include the wearing of any protective apparel and safety equipment for the kind of work being performed.

The contractor is cautioned that off duty active military personnel hired under this contract may be subject to permanent change of station (PCS), change in duty hours, or deployment. Military Reservists and National Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the contractor's ability to perform. Their absence at any time shall not constitute an excuse for nonperformance under this contract.

The contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. Additionally, the contractor shall not employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives approval according to DoDD 5500.7-R, Standards of Conduct.

The contractor employees shall not perform any company work outside of the scope of this contract on government furnished equipment during the times specified in section 1.3.1 General Description of Operations.

Question #13 Section 4.6.1 : "Requirements include, but are not limited to: security background checks, valid state driver's license, March ARB flight-line driver's license, valid Falconer Federal license..."

(This again mandates the usage of falconry)

Response #13

4.6.1 Installation Entry Control Procedures now reads:

The contractor and contractor’s employees who will work on March ARB must ensure that all base entry/access and flight line driving training requirements are met prior to the contract start date. The contractor will be given fair and reasonable time between the award date and the start of the contract, in order for these requirements to be satisfied appropriately. Requirements include, but are not limited to: security background checks, valid state driver’s license, March ARB flight-line driver’s license, valid Falconer Federal license (if used), contractor ID requirements, etc.

Question #14 "The contractor and contractor's employees who will work on March ARB must ensure that all base entry/access and flight line driving training requirements are met prior to the contract start date."

(This is unfeasible as it is not possible for a contractor to access the base and acquire training prior to the initiation of any contract. This limits competition to all but the incumbent contractor.)

Response #14 See response #13.

Question #15 Section 4.10 : "The contractor must show previous progress reports of its respective birds of prey/canine program at other airfields."

(What is the purpose of this requirement? Is this for service performance or for evaluation of proposals? It reads as if it is a requirement of service performance since it is utilized in the PWS.)

Response #15

4.10 Report now reads:

The contractor is responsible for making written progress reports to 452 OSS/OSA and 452 AMW/SEF on a weekly basis. Progress reports will measure program effectiveness. Information will include, but not be limited to: types and numbers of birds and other wildlife observed along with their location on or near the airfield, the number and type of birds of prey flights, approximate time of flights per day/week, number of times handling dog(s) on airfield, approximate time of dog handling activities per day/week, types of other control methods used, and the results of these activities. The specific birds or wildlife removed and their locations and numbers. Also the general field attractants and the techniques used to discourage wildlife. The contractor will have a representative present at all Wildlife Hazard Working Group (WHWG) meetings and provide wildlife habitat management expertise, input, and assistance in improving this program.

Question #16 The synopsis for the solicitation and the RFP both state that the solicitation is 100% small business set aside but the general information listed on the right hand side of the fbo page says N/A under the Set aside heading. Is this solicitation 100% small business set aside?

Response #16 Amendment #3 to the solicitation dated 21 March 2012 added 'Set Aside: Total Small Business' to the general information.

Question #17 My understanding is that small business set asides are only open to companies listed as small businesses in CCR and that meet the criteria of the Small Business Administration (SBA) (which are used to classify businesses within CCR). The SBA defines a small business as follows:

The business may be a sole proprietorship, partnership, corporation, or any other legal form. In determining what constitutes a small business, the definition will vary to reflect industry differences, such as size standards.

Therefore for the purposes of this solicitation a business must be U.S. based or have a US office that acts as its primary business location with a company turnover of less than $7 million (size standard as set out in the RFP and Synopsis).

Please confirm to me that only businesses listed in CCR as small businesses will be able to compete for this contract and that they must therefore be US based companies (or at least have primary functioning offices in the United States which are listed in CCR as small businesses). Our company is UK based and this criteria would exclude us from bidding on the contract if my assertion is correct so please also state if I am wrong and that any business listed in CCR that meets the size standards outlined in the contract RFP can bid (regardless of location).

Response #17 This is a 100% small business set-aside acquisition, therefore only small businesses meeting the Federal Acquisition Regulation (FAR) and U.S. Small Business Administration (SBA) definition of a small business concern are eligible to compete for this requirement. In particular, only certified small businesses registered in CCR and meet the SBA/CCR criteria may compete.

Question #18 I reviewed the RFP and have a question with regards to Past Performance Information cited on page 27. According to the RFP, we have to provide a survey to our previous clients and once completed that document has to be to sent directly to your office. Is there a format or set of questions you would like responses to?

Response #18 Amendment #1 to the solicitation dated 5 March 2012 added the cover letter and PPI questionnaire.

Question #19 Can you provide an electronic copy of ARB OPLAN 91-202.

Response #19 Amendment #4 to the solicitation dated 22 March 2012 added ARB OPLAN 91-202 as an attachment (March ARBI 91-202).

Question #20 We have requested a copy of March ARB 91-212. and we have not received

it. We are unable to obtain it from the march ARB site.

Response #20 Amendment #4 to the solicitation dated 22 March 2012 added March ARB 91-212 as an attachment (AFPAM91-212).

Question #21 The requirement for a FEL license will require 90 days for companies to obtain. The federal regulations concerning Bird Scare Pyrotecnics have recently changed. This Requirement gives the current contractor unfair advantage as the time to obtain this license exceeds the length of bid. the FEL is not required for the use of Screamer type Bird scare pyrotecnics. In the intervening time screamers can be used. They are effective Safe and require no additional special storage or licensing and are locally available. The FEL license can be obtained during the scope of the contract.

Response #21

1.2.1 Trapping, Relocation and Depredation now reads:

The contractor will provide all equipment necessary for any trapping deemed necessary for the wildlife control program. The contractor will provide a road worthy registered insured vehicle. Vehicles utilized to transport the contractor-owned animals and handlers (if used) must be capable of off-road/pavement operations under any type of weather condition. The contractor is responsible for all maintenance on equipment. The contractor will also maintain a suitable supply of pyrotechnics if used for harassment. It is the responsibility of the contractor to provide safe and secure storage of pyrotechnics and any other equipment. The contractor may provide necessary rifles and ammunition to carry out wildlife harassment and, as a last resort, depredation. If the use of rifles and pyrotechnics is anticipated by the contractor, the contractor will have the following licenses/permits related to firearms and pyrotechnics prior to the use of these measures:

Question #22 The requirement that bidders have California Falconers license presents out of state companies from fair competition. The Federal Bird abatement permit supersedes this requirement. We cannot be out of state residence and have california Falconry license. If the requirement were to require a Falconry licensing equivalent to Ca. out of state companies would be able to bid.

Response #22 Paragraph 1.1 Methods, Resources and Operations now reads:

The contractor shall maintain all applicable licenses/permits associated with the measures provided. For example, if the use of falcons is anticipated by the contractor, the contractor will have the following licenses/permits related to falconry:

Question #23 One of the requirement's on FA4664-12-R-0002 In the PWS under 1.2.1 IT states ... The contractor will have the following licenses and permits.

BATF firearms explosive license.

The ATF. has changed the regulations. This license takes a min of 90 days to obtain. (see FAQ below taken from their site ) Unless this requirement is modified there is no way that we will be able to meet the requirement.

This is a recent change to the process.

We are going through the process to obtain the FEl but no way can it be completed in time to bid.

Most other instillations will store the necessary pyro in their armory.

Any Thought on how to proceed ??

Response #23 See response #21.

Question #24 Is there going to be a delay in the proposal submission deadline then?

Response #24 Amendment #3 to the solicitation dated 21 March 2012 extended the deadline for submission of proposals from 26 March 2012 to 9 April 2012.

Question #25 When will the responses be posted, as any changes in a bid that would be required in response to changes would have to be accomplished prior to the end of the week?

Response #25 Amendment #5 to the solicitation dated 27 March 2012 added responses to the remaining requests for information (RFI #2).