ICE_Responses_to_RFP_Questions_-_HSCECR-16-R-00001.doc

ATTACHMENT 6

HSCECR-16-R-00001

Amendment #1

Solicitation Responses

HSCECR-16-R-00001

Question: Due to the extensive nature of the contract, would the government consider making this a multiple award contract?

ICE Response

No.

Question: Would the government consider making awards to the top 3 rated companies/proposals? We believe companies currently providing these types of services would be better suited to manage 1/3 of the total requirements.

ICE Response

(For ICE use only)

No.

Question: This section shows the receipt of offers time to be “1700 ES.” Please verify, as the FBO announcement shows the opening time to be “2:00 PM Eastern.”

ICE Response

(For ICE use only)

Proposals are due 14:00 EDT on August 1, 2016. Please see Amendment 1 for changes to Page 1 of the SF-33.

Question: The last paragraph indicates “completion of the last Option Year Three (3).” Please verify whether there are two or three option years with a 6 month extension period.

ICE Response

This RFP provides for a base period of one year, two one year options and a six month option.

Question: SOW states 60% of the Auditor's work (functions related to prepare for the audit, review of the pre-audit, requests for information from the facility, work associated with the Corrective Action Plan and writing and submitting the final PREA Compliance Audit Report, etc.).

Will ICE staff play any role in any of these, like they do for the CI's (e.g., getting preliminary information, actually developing a CAP with the facility based on the auditor findings)?

ICE Response

Yes, DHS personnel will have a role in managing the implementation of the audit process but will not have a role in the actual completion of or the conclusions drawn from the audit(s). More specifically, the contractor be interfacing directly with ICE and/or CBP personnel, rather than with facility personnel, for purposes of facilitating the scheduling of audits, obtaining the pre-audit documentation and any other relevant details to prepare the auditor for his/her completion of the onsite audit.

As per the DHS Rule, should the auditor determine that a Corrective Action Plan (CAP) is required in order for the facility to achieve compliance with the standards’ requirements, ICE and/or CBP and the facility will work to develop the CAP based on the auditor’s findings; the auditor will then be expected to verify the implementation of the CAP within the required time period and issue a final determination as the facility’s compliance with the standards.

Question: We understand the audit instrument will not be issued until after award. However, for pricing purposes, it would be advantageous to be able to calculate costs related to the RFP by using the instrument. Can the audit instrument be provided at this time?

ICE Response

The audit instrument will be provided in accordance with the SOW post award. The final instrument will be similar to the DOJ instrument and calculations for time and use could be roughly similar.

Question: The SOW says the audit instrument will be similar to DOJ's, but not the same. What does that mean?

ICE Response

The approach and the elements of the audit instrument are consistent with the Department of Justice’s (DOJ) instrument; however, because the DHS Rule differs from the DOJ Rule, and because DHS operates differently than DOJ, the content will differ.

Question: Is ICE providing any personnel for the audit, or is this strictly the responsibility of the contractor?

ICE Response

As per the DHS Rule, the audit must be completed by an outside entity. Please see response to Question #5.

Question: What does the training entail?

ICE Response

The government provided training will include overviews of CBP and ICE operations, highlight differences as between the requirements of the DOJ and DHS PREA regulations, outline how DHS envisions that the audits will be implemented, and provide instruction on how to use the audit tools and the audit process. There will be an assessment at the end of training, which all auditors must pass in order to be DHS PREA Certified and work on the contract.

Question: Notes pre and post audit "phases". What does this mean? What is involved in each phase?

ICE Response

The pre-audit phase involves all work completed prior to the on-site audit, primarily document review. The post-audit phase refers to all work completed after the on-site audit; this phase could necessitate additional document review, and would include report writing and/or work associated with a corrective action period.

Question: How did ICE estimate the on-site time? Without seeing the instrument, that is difficult.

ICE Response

The estimation is based on historical data for similar work.

Question: What criteria was utilized to determine the 40% and 60% estimates of time usage by the auditor?

ICE Response

Please see Question #11.

Question: "It is anticipated that the majority of such activities shall take place during normal working hours. However, the Contractor shall ensure the PM is accessible by telephone on a 24 hour-a-day basis in the event of an emergency or an urgent matter. DHS anticipates approximately five (5) emergency or urgent calls per year." Would that imply a new, unscheduled visit to the site?

ICE Response

It would be unlikely that a new, unscheduled visit would constitute an emergency or urgent matter. An example of an urgent matter might be a government shutdown or severe weather at a scheduled site.

Question: If a PREA auditor is not designated as a HFE or IHFE, will these persons be required to accompany the auditor during the audit?

ICE Response

No.

Question: Who determines if a second auditor will be needed? Will those facilities be identified so the bidders will know how to bid those facilities?

ICE Response

Section C has been amended to reflect when a second auditor would be needed. CLINS 0002B, 1002B, 2002B, and 3002B have been created to reflect a second auditor.

Question: Who will determine what the representative sample for staff, contractors, volunteers, and detainee interviews be?

ICE Response

The Auditor will determine number of interviews to conduct based on a number of factors. Guidance will be also be provided by ICE/CBP during training.

Question: Annual Representations and Certifications- the NAICS code indicated is 624190. The FBO announcement shows the NAICS to be 561210. Please verify which applies to this RFP.

ICE Response

(For ICE use only) The NAICS code for this requirement is as stated, 624190.

Question: Please verify if there are any page limitations set for Volumes I, II, and III.

ICE Response

(For ICE use only) There are no page limitations for Volumes I, II, and III.

Question: What if a facility has already been certified by DOJ? Is ICE still going to do a separate audit?

ICE Response

DHS PREA audits are required when a facility has a contract or agreement with ICE, and that agreement requires compliance with the DHS PREA regulations. There will be instances in which DHS will be auditing facilities that have also been certified pursuant a DOJ PREA audit. This may occur for two reasons. First, DOJ PREA regulations are applicable to prisons and jails, regardless of whether those facilities house federal inmates or detainees; many jails and correctional systems are therefore seeking DOJ PREA certification without having any contractual obligation to do so. Second, many detention facilities have separate inter-governmental agreements (IGA) with both ICE and the USMS; irrespective of the terms in the USMS IGA (which may require compliance with DOJ PREA regulations), DHS PREA audits will be required for ICE IGSAs that are contractually obligated to comply with DHS PREA regulations, pursuant to the terms of the ICE IGSA. However, as provided in the preamble to the DHS regulations, “[t]he standards set forth in Subpart A of these proposed regulations are meant ultimately to apply to all of these various types of immigration detention facilities—but not, notably, to facilities authorized for use by ICE pursuant to agreements with BOP or pursuant to agreements between DOJ and state or local governments or private entities (e.g., USMS IGA facilities). Those facilities and their immigration detainees are covered by the DOJ PREA standards and not the provisions within Subpart A of these proposed rules.”

In light of this question, the agency has provided an updated facility list, which is still subject to change.

Question:

Please clarify if the Project Manager can be a former DHS/ICE employee.

ICE Response

All prospective contractors and their hires must comply with the provisions of the Procurement Integrity Act and the federal post-government employment service laws, and 6 C.F.R. § 115.202(c). These legal authorities could potentially prevent former DHS/ICE employees from serving as a contractor on the procurement.

Question: L 4.2 states that Past Performance Questionnaires must be submitted to ICE/DMP before the proposal submission date. L6/5 states that the offeror collects the completed questionnaires and submit them in Volume II of the proposal. Please clarify how and when the Past Performance Questionnaires should be submitted.

ICE Response

(For ICE use only)

The Offeror may submit the questionnaires prior to date or with Volume II of the proposals. If the participant completing the questionnaire would like to send the completed form directly to ICE they may do so via email.

Question: L 6.5 states that offeror should use Attachment 4 to provide information related to its past performance. Attachment 4 contains only the Past Performance Questionnaire. Is there a specific format that offerors should use to provide a narrative of its past performance?

ICE Response

(For ICE use only)

The Offeror may utilize any format in providing its narrative for past performance.

Question: Both Section B and Attachment 5 indicate 50 hours each for PM, PREA Auditor, HFE and IDEF as CAP SubClins. Are their hours only to be associated with working on CAPs (since they follow the CAP CLIN)? The SOW delineates program management functions and consultations that are outside of working on CAPS; should these hours be built into the costs of the individual audits?

ICE Response

(For ICE use only)

Yes, the hours are only for work on CAP activities. PM work associated to the audit should be included in the fixed price rate per audit.

Question: Given the responsibilities of a PM 50 hours seem to be inadequate. Can you clarify how you arrived at this level of effort?

ICE Response

(For ICE use only)

PM work associated to the audit should be included in the fixed price rate per audit. The referenced PM 50 hours are only associated to work for any CAP activities.