Amendment 0001.pdf

(x)

HSCEDM-09-R-00001

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Laguna Niguel CA 92677

ICE/DM/DC-LAGUNA

24000 Avila Road, Room 3104

OAQ-Detention Management Laguna

Immigration and Customs Enforcement

ICE/Detent Mngt/Detent Contract-LAG

Laguna Niguel CA 92677

ICE/DM/DC-LAGUNA

24000 Avila Road, Room 3104

Office of Acquisition Management

Immigration and Customs Enforcement

ICE/Detent Mngt/Detent Contract-LAG

02/27/2009000001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

02/02/2009

CHECK ONE

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT:

Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This amendment answers written questions submitted by potential offerors. Revisions to the RFP as a result of the answer to any particular question have been identified in the answer to the question. A second amendment with the revised RFP will be issued early in the week of March 2, 2009.

Attached to this Amendment are the following documents:

Attachment 1 - Questions and Answers

Attachment 2 - ICE Body Armor Policy

Attachment 3 - Detention and Removal Operations Policy and Procedure Manual Appendix 32-1

Vehicle Ordering Menu

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Bobbie Wright

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Questions and Answers to

RFP#: HSCEDM-09-R-00001

General

1. Will ICE allow an opportunity to negotiate the Terms and Conditions provided in the

RFP?

A: No, this is not a commercial contract; therefore, terms and conditions are not negotiable.

2. Please clarify if the incumbent work force satisfies all the requirements provided in this RFP.

A: The incumbent’s performance on the current contract is operating under a different Statement of Work and has no bearing on the requirements for this RFP

3. How long will the phase-in period be?

A: There is no phase-in period. A transition period of 30 days is planned.

4. Page 2: CLIN: There is no “transition/mobilization” CLIN established in pricing sheets. Where do we charge start up costs?

A: Correct, there is no transition/mobilization CLIN established. All allowable, allocable costs need to be included under the existing CLIN structure.

How long of a transition is planned?

A: Transition is anticipated to be 30 days.

5. Since there is a large increase in hours over the current security services contract, there will be many new employees to train during phase in. Will ICE allow enough phase in time to train all these new employees?

A: Transition is anticipated to be 30 days. Training of all employees is the responsibility of the contractor selected for award.

6. What is the average number of detainees / bed days at this facility over the last year? Do you expect this number to stay about the same over the next few years?

A: The maximum capacity of the SPC is 747. Generally, the facility is 80-90% of capacity.

7. Will any of the required detainee transport cross State lines?

A: Infrequently, if at all.

8. Is the contractor to provide a commissary on site or commissary services by subcontractor?

A: No, commissary services are not required under this RFP.

9. Please clarify if ICE requires a small business subcontracting plan for the submission of the proposal

A: Please see Section I, FAR 52.219-9. When an offeror has been identified as the apparently successful offeror, that firm will be contacted and instructed to submit a subcontractor plan within 7 days of notification. If the apparently successful offeror fails to negotiate an acceptable subcontracting plan within an additional 7 days, the offeror will be ineligible for award.

10. Pease clarify if ICE requires any type of SECRET security clearances or any other special clearances for the required personnel.

A: No, security clearances are not required; however a favorable Suitability for Employment Determination is required for all contractor employees.

11. Will the contractor be obligated to offer employment to current employees?

A: The RFP does not contain a requirement for the offeror to offer employment to current employees.

12. Please identify the security requirement for the installation of the detainee location monitoring system, as part of the ICE DRO Modernization program (awarded to Northrop Grumman). Please clarify if the contractor needs to include costs associated or required with staging and installing the system at the facility during the performance period?

A: This RFP does not include any requirements for the installation of the detainee location monitoring system. The contractor should only include costs as specified in the RFP.

13. We understand that the Service Processing Centers (SPC) will move to the new ICE

Performance Based National Detention Standards in April of 2009. As such, can ICE please confirm which set of performance standards apply to this RFP (National Detention Standards for Performance Based National Detention Standards)? Have the PBNDS outcome measures for each performance standard been established for the SPCs? If so, can ICE please provide these for the prospective bidders?

A: The ICE Performance Based National Detention Standards (PBNDS) were issued in September 2008. Every reference in the RFP to the former ICE/DHS Detention Standards will be replaced with the PBNDS.

14. Will the SPC facility house juveniles? How will the SPC be informed if they are emancipated or convicted of a crime as an adult?

A: No, juvenile detainees will not be housed at the Florence SPC. All juveniles will be transferred to an appropriate facility.

15. Does Florence house juvenile detainees? If so, who provides educational services, counseling, etc.?

A: See answer to question 14.

16. Please clarify if it will be the contractor’s responsibility to determine the alienage of the detainees.

A: The contractor will not determine alienage of the detainees.

Section B

1. It is our understanding that currently the maximum number of detainees that can be housed at the facility is less than the 747 bed days used in the pricing pages CLIN 0001. Are there plans to expand the facility or increase the capacity of the facility?

A: The Government’s maximum requirement for CLIN 0001 is based on 747 beds per day.

2. Will the Contractor be paid for detainees who are processed but not housed overnight?

A: Bed day for this facility means a detainee that occupies a bed in a housing unit or a detainee in custody for at least 4 hours in either a holding cell or staging area (not both.) If the detainee is moved from the holding cell or staging area into a housing unit the same day, only one bed day charge is allowable. Bed-day means day in, not day out, and all days in between. The contractor may charge only for day of arrival, and not for day of departure.

3. C II-L.5(a): Please confirm that the Stationary Detention Services described is time that is not included in the posts in Attachment 1 and that these hours will be billed at the hourly rate provided for Transportation Services CLIN 0002A.

A: Stationary Detention Services should be proposed under CLIN 0002A Transportation Services. See Subsection 1 Paragraph L 5 of the RFP.

4. An hourly rate for transportation officers is required for CLIN 0002A. C II-L.4(a) states that when not doing transportation duties, these officers will be assigned to other security duties and that these officers “shall not incur any additional expenses to the government.” Please confirm that the transportation officer hours, whether spent on transportation or other security duties, will be billed hourly at the rate provided in CLIN 0002A.

A: When officers are providing transportation their hours will be billed under the Transportation CLIN 0002A. If those same officers perform other security duties, their hours will be included in the bed day rate under CLIN 0001.

5. CLIN 0002A of the pricing document estimates 220,000 annual transportation service hours, but Attachment 1 only lists transportation officer hours at 81,120 hours (including supervisor, posts 78-89). How many hours are anticipated for transportation services? Is there any data on actual hours over the last year or two?

A: The offeror shall propose pricing based on the quantity specified in Section B.

The data on actual hours is not available.

6. Page 2, CLIN 0002; does the 220,000 hours for evaluation purposes include “escort” time spent at hospitals, clinics, courts, etc.?

A: Yes.

On page 25 Para “c”, there appears billing instructions for these services, in that they are billed separately from regular transport (assuming driving time) hours. On page 24 there appears a chart indicating only 5 2-member teams are required M-F for each 24 hour period or 400 hours for the week; and only 3 2-member teams required S-S-H for each 24 hour period or 96 hours a week. This totals out at 25,792 total “transport” hours; however, attachment one totals 61,984 annual transport hours.

A: The chart is giving the minimum of the requirement, the contractor may propose more teams but the minimum is 5-two person teams M-F and 3-two person team’s weekends and holidays. The attachment 1 provides an estimate based on the population needs currently.

Are we to base the hourly rate for CLIN 0002 on labor and overhead for 61,984 hours per attachment 1, and then use this same hourly rate to bill any stationary “escort’ hours?

A: The hourly rate should be based on the estimated quantity provided in CLIN 0002A.

Are all off site escort officers armed?

A: Yes – Section C, Subsection II, Para L-Armed Transportation

7. CLIN 0002B: “This is a fully burdened rate inclusive of the mileage rate in accordance with the GSA Federal Travel Regulation, equipment, maintenance and fuel costs.”

a. Are there FTR mileage rates for buses that carry 40 to 48 passengers?

Please clarify what FTR mileage rates apply since the costs for fuel, maintenance, etc would be very different for personally owned vehicles than for buses.

A: The FTR mileage rate as of the date of this amendment is 50.5 cents per mile.

This is the only motor vehicle rate allowed by GSA. Please refer to the actual wording of CLIN 0002B and 0002C for pricing purposes.

b. Why are the FTR mileage rates applicable in building fixed unit rates for a competitive RFP process?

A: The FTR mileage rate is one component of your fully burdened rate per mile.

8. Page 2, CLIN 0002B/0002C: The Federal Travel Regulation mileage rate (currently

50.5 cents per mile) is based on travel by government employees while performing temporary duty in their private auto. Gas mileage portion is based on a typical sedan. Transport vehicles, especially buses, do not obtain typical sedan gas mileage. Do we put “excess” fuel costs for transport vehicles into overhead against

CLIN 0002A?

(Recent Google of Arizona diesel fuel is range of $2.29 to $2.49 with prices going up weekly; with expected 6-7 miles per gallon mileage for average diesel bus, the FTR rate barely covers the gas and does not cover maintenance, repairs and insurance.)

Insurance costs for transport of persons per DOT regulations are MUCH higher than “typical sedan” rates considered in the Federal Travel Regulations. (An additional 5 million in liability is a standard DOT requirement for bus operations.) Are these excess insurance costs also to be included under CLIN 0002A overhead component?

A: Please see the specific wording under CLIN 0002B and 0002C. Insurance costs are to be incorporated in accordance with your firm’s standard accounting procedures.

9. CLIN 0002B, CLINs, Transportation Services: In order to ascertain the quantity of 40-

48 Passenger Vehicles and less than 40 Passenger Vehicles, can ICE provide the number of transportation shifts per day and the number of these vehicles needed per shift. Can ICE provide the volume of detainees per trip, per shift, per day? Can ICE provide a log of the most recent year’s provided transportation services?

A: Transportation services are not currently performed by a contractor at this facility. Transportation is accomplished by ICE at this time and there is not statistical data as to the amount of vehicles used during shifts or amount of detainees moved per trip. ICE currently has a fleet of five 48-50 passenger buses, one 24 passenger bus and eighteen 13 passenger vans. Although, you must realize we do have back-up vehicles to use while line vehicles are in for service.

We do conduct movements at times that include up to 140 detainees while still operating other details with detainee movement. The offeror is responsible for proposing a solution to the requirements of the RFP.

10. Section B, CLINs, Transportation Services: Can ICE provide historic information of the number of hours, events, frequency, time, etc. of the travel costs of Detention Officers that exceeded the standard working hours?

A: Historical information is not available.

11. The mileage on the pricing pages (CLINS 0002B and 0002C) add up to approximately 550,000 miles per year. Is this expected to be the maximum annual mileage? Is there any historical data on how many miles have been driven over the last year or two?

A: The mileage shown for CLINS 0002B and 0002C is the Government’s best estimate. Historical information is not available.

12. Page 24, Para D: discusses overtime rate for transportation requiring overnight or longer than 8 hours to complete. CLIN 0002D appears to be the CLIN to charge in such instances, however it mentions only Lodging, Meals and Incidental Expenses;

labor charge is not included. Will/can a separate “overtime” transportation CLIN 0002E be established to charge the OT?

A: Yes, an overtime CLIN 0002E will be established with a quantity of not-to-exceed 22,000 HR for transportation services only. Overtime must be pre-approved by the Government and tracked by the contractor (including name of approver, hours approved, date of approval). Overtime hours not used in any base or option period will not roll over to the next performance period.

13. CLIN 0002D asks for a cost for Detention Officers exceeding the standard working hours. Please clarify what this would include:

a. Since this will be reimbursed at cost, should offerors leave this blank?

A: CLIN 0002D will be amended to include a Not to Exceed dollar amount of $30,000 per year. All offerors are instructed to propose that same dollar amount.

b. Since this will be reimbursed at actual costs, is the government requesting a markup rather than a cost for something that will not be the same for each occurrence?

A: See answer directly above.

c. Is 1 Lot equal to 1 occurrence? Since the specifics of each occurrence may vary and will be paid at cost, what does the government want included in the cost for 1 Lot? For example, should the FTR rate for Florence for one day of lodging and one day of per diem be included?

A: See answer above.

Section C - Detention and Transportation Services Statement of Work

1. Section C, Contract Objectives, Item A.3 (page 8): How many unauthorized access attempts/successful unauthorized access events and attempted escapes have occurred during the prior performance period? If there were any events, were any of these attributed to physical plant deficiencies that have not been addressed?

A: There have only been civilian visitors turned away for improper or inadequate identification. There have been no attempted escapes. No events were attributed to physical plant deficiencies.

2. Page 8, A.4.1. Facility Security and Control. Is there a vehicle mounted outside perimeter patrol required?

If so, what is the frequency per shift of the patrol?

What are the total facility circumference / distance traveled for one patrol route?

What type of vehicle/markings would be required?

A: No, a vehicle mounted outside perimeter patrol is not required under the RFP.

3. Section C, Contract Objectives, Item A.4.2 (page 8): Have there been any conditions of confinement or CRIPA findings at the facility?

A: No.

4. Section C, Contract Objectives, Item A.4.2 (page 8): Does the contractor need to include costs for preventative maintenance within the bill rate?

A: No, the Government provides preventative maintenance.

5. Page 8, A.4.2.: States “facility shall be fully compliant with all applicable health and safety codes.” Whose responsibility is it to maintain compliance when facility infrastructure such as electrical systems, drains, plumbing, air conditioning, or other physical plant items do not meet code?

A: This is done by a separate contractor.

6. Will the Government or the Contractor be responsible for making necessary repairs, currently and in the future, to the facility? If the Contractor is responsible, please provide the maintenance expenditures for the past three years and any 2009 forecasted maintenance expenditures.

7. Page 9, A.5.2.: States “no health and safety code violations shall occur…” Is the contractor responsible for the building(s) structural or physical plant equipment such as boilers, HVAC, etc?

8. Will the Contractor be able to utilize its own maintenance staff?

A: No, this is done by a separate contractor.

9. Is there any cost to the Contractor for construction/renovation at the facility?

A: No.

10. Please provide any recent internal evaluations of the physical condition of the facility.

A: There have not been any recent internal evaluations of the physical condition of the facility. The facility is in satisfactory condition.

11. Section C, Contract Objectives, Item A.7 (page 10): Can bidders have copies of the

MOUs to determine what areas impact costing, staffing of the overall program?

A: Copies cannot be provided; however, it is unlikely that there would be any impacts to cost or staffing of the overall program.

12. Numerous references are made to ACA standards. Is the facility currently ACA accredited?

A: The facility is expected to be ACA accredited by June 1, 2009.

13. Can the Contractor utilize its own policy and procedures a long as they are ACA compliant and adhere to National Detention Standards?

A: Policies and procedures must comply with ICE Detention Standards, Performance Based National Detention Standards and be ACA compliant.

14. Section C, Contract Objectives, Item B General (page 10): What is the average gender mix of the detainee population?

A: Female detainees are only processed and held until cleared by medical, after which they are transferred to a separate contract facility. Occasionally up to 20 females are held for a short period due to bed shortages in the other facilities, but this is rare and only for a few days.

15. Please confirm the capacity of the facility excluding any beds located in the processing/staging building.

A: Your proposal should reflect pricing for the quantities specified in Section B.

16. Section C, Contract Objectives, Item B General (page 10): In the fourth line it states, “and state and local laws on firearms for California.” Please clarify if California and Arizona laws apply for firearms.

A: Arizona laws apply for this facility, however, in the infrequent event that transportation duties require the contractor to cross State lines, the specific State laws will also apply for firearms.

17. Section C, Contract Objectives, Item B General (page 10): ICE reserves the right to operate the facility at 10% over capacity at no additional cost to the Government.

How often has the facility operated above 100% capacity in the past five years?

A: The facility has not operated above 100% capacity within the past five years.

18. Page 2, CLIN 0001 Detention & Food Services; per page 11 “bed day rate” definition, CLIN 1 encompasses all costs for detention and overhead labor, overhead, G&A and profit associated with Detention & Food Services. The CLIN provides a minimum of

373.5 beds per day and a maximum of 747. Yet, on page 10, General: it states the government may increase the population 10% above operating capacity without additional cost to the government. Three options therefore present themselves:

a. Contractor bids 10% above actual cost to meet this contingency, or

b. The government agrees to pay the daily bed rate in excess of 747 when this occurs or

c. The government agrees to pay the daily bed rate for every detainee over 272,655 in any calendar year.

Will the government agree to either establish CLIN 1-A for this purpose as it will remove the guesswork and reduce risk to both parties?

A: The contractor will be reimbursed at the daily bed day rate for the 10% above the maximum quantity stated in CLIN 0001.

19. Page 15, “On call Post/Remote Custody Officer Post.” Are these posts considered hospitalization posts?

A: Yes

Are they billable under CLIN 0002?

20. Page 16. Tour of Duty: DOT regulations proscribe that a driver may “work” no more than 15 hours per day, with no more than 10 hours spent driving. This limits driving radius to about 6.5 hours one way including 2 hours of down time for lunch/loading-unloading; ICE specifies no more than 12 hours total work per day. One page 24, item 4-J, it states the COTR may direct transport to “miscellaneous” locations. While no trip listed on page 25 is longer than 130 miles, should the total round trip to a miscellaneous location require driver teams to exceed 12 hours, will the 12 hour rule be waived?

A: Trips exceeding 12 hours will be unlikely, mostly in emergency situations. The Performance Based National Detention Standard-Number 3 entitled “Transportation (by Land)” dictate following USDOT regulations for maximum driving times.

21. Section C, Contract Objectives, Item C Explanation of Terms (page 16): Weapons – are Mace or other chemical agents used routinely within the facility? Do they represent general issue items?

A: Any chemical agents used in the facility will be by Government personnel only.

22. Section C, Contract Objectives, Item D Ambiguities (page 17): States “Should a conflict exist between any of these standards, the most stringent shall apply.”

However, on page 10, it states, “Some ACA standards are augmented by ICE policy and/or procedure. In cases where other standards conflict with DHS/ICE Policy or Standards, DHS/ICE Policy and Standards prevail.” Please clarify which applies?

A: Reference Section C, Contract Objectives, Item D Ambiguities – “If the Contractor is unable to determine which standard is more stringent, the Contracting Officer shall determine the appropriate standard.” In general, ICE policy and standards follow ACA standards.

23. Section C, Subsection 1 B, QCP (page 18): Quality Control Plan – Do the audits have to be completed on site or can they be conducted remotely/via video conference?

A: This would be an onsite audit for compliance with the Contractor’s Quality Control Plan.

24. Page 18, Para A states: The contractor shall audit the facility operations monthly…does this require that a “corporate level” audit be accomplished, or that on site Quality Assurance manager audit take place?

A: This would be an onsite audit for compliance with the Contractor’s Quality Control Plan.

25. Section C, Subsection 1 B, QASP: Please clarify what financial values and associated work performance measurements will be applied in any adjustments to the Contractor’s invoices. Can ICE provide a copy of the current QASP for review by Contractors so they can understand the financial values and mechanisms for applying adjustments as part of our pricing the contract?

A: Performance work measurements are contained in the Performance Requirements Summary. The QASP will be issued as a modification to the contract.

26. Page 19, Para H states: That deduction may be made if staffing falls below 95%.

Most staff shortfalls are caused by the time it takes to receive a suitability determination/clearance. Is the contractor penalized when it can “show cause” that applicants’ suitability determinations were processed timely but not received timely?

A: This would be taken into consideration if the circumstances are outside the control of the Contractor.

27. Section C, Subsection 1, Item H.1 (page 20): On average how many detainees are processed daily?

A: On average, 110 detainees are processed per day.

28. Section C, Subsection 1, Item H.2 (page 20): If only one officer is required within the unit for supervision purposes, does the contractor have to provide a male and a female if both genders are represented in the unit’s population?

A: The genders are never mixed in the unit.

29. Section C, Subsection 1, Item H.3.a Key Personnel (page 20): Please define

“accredited” bachelor’s degree? Does this refer to the school? What accreditation is required?

A: Education must be from an institution accredited by an accrediting agency recognized by the U.S. Department of Education.

30. Page 20, Project Manager Qualifications: This paragraph requires a bachelor’s degree and 5 years related experience…Would 15 to 20 year career in progressively challenging department of corrections, or 10 to 15 years experience in ICE detention satisfy these requirements if positions held were commensurate with the Project Manager?

Can significant (20 year career) military experience or law enforcement experience, in senior grades be substituted for degree requirement?

A: Yes. The PWS will be revised with the language below:

a. Project Manager. The Project Manager shall hold an accredited bachelor’s degree in an appropriate discipline, or significant military or corrections experience of a minimum 15 years, and have at least five years of related administrative experience, and have knowledge of program objectives, policies, procedures, and requirements for managing a secure detention/correctional facility. The degree requirement may be satisfied by completion of a career development program that includes work-related experience, training, or college credits at a level of achievement equivalent to the bachelor’s degree.

The official holding this position, even in an acting capacity, shall meet ACA requirements.

Can the Project Manager or Assistant Project Manager also act as the Corporate Security manager?

A: This should be a separate position. (Chief of Security)

31. Section C, Subsection 1, Item H.3 Key Personnel (pages 20 – 21): Please clarify the number of required Supervisory Detention Officers and Training Officers.

A: The current numbers are 14 supervisors on shift each day and 1 training officer with a back-up. However, the offeror is responsible for proposing a solution to the requirements of the RFP.

32. Page 20, Supervisor staffing and Attachment 1: Are any of the supervisor posts in

Attachment 1 considered a Processing Supervisor? Is the contractor entitled to propose additional supervision?

A: The supervisors referred to in Attachment 1 are shift supervisors and are not specifically assigned to processing. However, they do supervise the processing officers.

33. Will the government provide sufficient office space for key personnel required within this solicitation?

A: The Government will provide a Modular trailer with three 11x11, one 21x16, and one 23x13 rooms for administration, training and storage.

34. Do the staffing requirements in Attachment 1 decrease as the number of detainees in the facility decrease, or must the Contractor always maintain the staffing levels in

A: The contractor shall maintain the staffing levels in Attachment 1.

35. Assuming that the staffing requirements do not decrease incrementally as the number of detainees decrease, the price for the first 373.5 detainees is much more expensive than the next 373.5 detainees. The Government is asking for one price per bed day for the entire range of 373.5-747.

a. Would the Government consider changing the billing structure to a fixed monthly price for the first 373.5 detainees and a bed day price for anything over 373.5? This is the structure used in recent RFPs for Batavia, El Paso and Krome. This would protect the Government from paying too much if the Offerors base their bed day rate on 373.5 bed days and from having a Contractor that cannot cover costs if they based their price on 747 bed days but because of low census can only bill for some lesser number.

A: No.

b. Can one Bed day rate be given for the first 373.5 detainees and a discounted rate be given for any detainees over that minimum?

36. Section C, Subsection 1, Item H.3 Key Personnel (pages 20 – 21): Please clarify if the key personnel positions (Project Manager, Assistant Project Manager, Supervisory Detention Officers, Training Officers, Quality Assurance Manager, and Corporate Security Officer) are included in the productive hours provided in the CLINs Detention and Food Services Hours and Transportation Labor Hours or if these are outside the provided productive hours.

A: Key personnel will be either included or excluded based on your firm’s standard accounting practices.

37. Section C, Subsection 1, Item H.3 Key Personnel (pages 20 – 21): Please clarify if the Corporate Security Officer position is a dedicated position to the contract.

A: The Corporate Security Officer is a dedicated position under this contract.

38. C II-H.3.f: Will the Government elaborate on the duties and responsibilities of the Key

Personnel position of Corporate Security Officer. Will this position be located at the facility?

A: No. The duties of the Corporate Security Officer are determined by the Offeror.

The position is located at the facility.

39. Page 21, Para L: Will the contractor be required to create and maintain the A-files for detainees?

A: No

Is the post officers designated in as Processing Assistants performing these functions?

Are we to assume that we are responsible for maintaining all detainee property records and safeguarding property/funds and dispensing detainee funds?

40. Page 21: By “providing detainee welfare” is this indicating that the contractor provides recreation services?

A: The Contractor supervises recreation.

Do we provide a recreation coordinator/planner?

Or, do we simply supervise recreation?

A: The contractor supervises recreation and may distribute recreation equipment.

Who provides recreation equipment and supplies?

A: The Government.

Does this also include religious services?

A: The contractor supervises religious services

Do we provide clergy, clergy supplies/equipment or simply supervise services when held?

A: The contractor supervises religious services

41. Will the Contractor be responsible for hiring a Recreation Specialist? If so, what are the training and qualification requirements? What is the current wage paid for this position?

A: A recreation coordinator/planner is not provided by the contractor. The contractor supervises recreational activities.

42. Presolicitation Notice HSCEDM09R0006 indicates a solicitation will be issued on or about March 13, 2009 for on-site religious services at eight SPC's including Florence. Does this mean the offeror should plan not to staff a chaplain position?

A: The contract does not require a chaplain position. The contractor will supervise religious services.

43. Page 21, L-1: Who is responsible for writing the fire/emergency plan? If the contractor, does an ICE plan exist that may be updated or is an original plan required?

ICE has a fire/emergency plan that will be followed. The PWS will be revised with the language below:

Detention Site Standards Contractor shall ensure that detention sites conform to ACA and DHS Standards.

A fire and emergency plan provided by the Government shall be aggressively managed by the Contractor.

Is the contractor required to have a Safety/Environmental manager on staff to provide all OSHA and Safety/Emergency related plans and training?

A: The offeror is responsible for proposing a solution to the requirements of the

RFP.

44. Page 21, L-1(a): Who pays for pest control?

A: The Government pays for pest control under a separate contract. The PWS will be revised with the following language.

a. The Contractor is to report any sighting of vermin/pests to keep the facility clean and vermin/pest free. Any issues shall be reported to the COTR immediately.

45. Page 22, L-1(b): Who pays for trash removal and recycling? Does the contractor provide recycling bins?

A: The Government pays for trash removal and recycling under a separate contract. The contractor is not required to provide recycling bins.

46. Page 22, L-1(c): Does the contractor also provide all detainee clothing, such as jumpsuits, shoes, underwear, etc or only linens, blankets.

A: The RFP is being revised to reflect that the Government provides clothing, linens, blankets etc. The contractor disperses the items to detainees.

47. Page 22, L-1(d): Has there been any history of “lack of volunteer” detainee labor to support laundry or food services?

A: Yes, lack of volunteer detainee labor frequently occurs.

48. How many detainees work in laundry at any one time?

A: 5 to 6 detainees at a time

49. Is one officer sufficient to supervise laundry detainees?

A: Yes, generally.

50. Are two posts on day/swing shifts sufficient for food services?

A: Yes, generally

(These are the numbers reflected in Attachment 1 posts); however, is their a serving line officer, count control officer, loading dock officer, and dining area officer at every meal?

A: Housing officers and escorts supervise detainees during feeding.

Or, are the housing unit officers tasked to supervise these areas in addition to the two food service officers?

A: Housing officers and escorts supervise detainees during feeding.

Is a key-making machine available on site or is the contractor required to provide one?

A: The Government has one.

51. Page 22, L-1(g). What is the approximate annual turnover of detainees to compute need for personal hygiene kits?

A: The Government provides the personal hygiene kits. The contractor dispenses the items to the detainees. The RFP will be revised to include the language below:

The Government shall furnish personal hygiene kits and the Contractor will disperse the kits to the detainees.

52. Page 22, L-1(g) and Attachment 1: Locks. Who repairs/replaces locks ICE or contractor?

A: The Government provides repair/replacement of locks.

Who provides replacement keys?

A: The Government provides replacement keys.

On attachment 1, no post titled “Key Control Officer” is included; are these duties associated with a listed post? If so, which one?

A: The key control officer is a Government employee.

Can Key/Lock Control and Tool Control post be combined?

A: No, the key control officer is a Government employee and the tool control post is provided by contractor.

53. Section C, Subsection 1, Item L.2 (page 22): When does the Contractor have to notify COTR/ICE designee of detainee request for medical treatment - immediately upon notification by the detainee or within a specific period of time (one hour, three hours, etc.)? Does this include evenings, weekends, holidays, etc.?

A: The contractor notifies USPHS of all detainee requests for medical treatment immediately.

54. Page 22, L-2. Are policies discussed for emergency medical care access, summoning emergency responders, evacuation of detainees, policy, procedures, and post orders for medical already in place, or do they need to be written?

A: The RFP will be revised to include the language below:

The Contractor shall comply with the Government’s current written policies and procedures for appropriately addressing the health needs of detainees in ICE custody. Written policies and procedures shall include, but not be limited to, the following:

a. Policy and procedures for accessing 24-hour emergency medical care for ICE detainees.

b. Policy and procedures for prompt summoning of emergency medical personnel.

c. Policy and procedures for evacuation of detainees, if deemed necessary by qualified medical personnel.

d. Policy, procedures, and post procedures for duty officers to ensure that medical emergencies are recognized and promptly attended to.

e. The contractor shall notify the appropriate personnel of all detainee requests for the need of medical treatment. These requests shall be addressed with urgency.

Are medical policies and procedures a USPHS responsibility or a contractor function?

A: United States Public Health Services (USPHS)

55. Section C, Subsection 1, Item L.3 (page 22): Will USPHS staff screen for Suicide

Risk upon arrival at the facility. Will the outcome of the health care screening be made known to Contractor’s staff to ensure proper precautions are followed?

A: Arrivals to the facility are screened by DIHS as soon as possible. Yes, the outcome will be forwarded to the appropriate section.

56. Is the Jail Special Housing Officer assigned to watch suicidal detainees; i.e., is the

“jail” and “jail” posts commensurate with Special Management Unit and Segregation Unit posts?

A: Please see the answer for the next question.

Or, are additional posts required for SMU and SEG?

A: The Jail Special Housing Officer manages the segregation area; suicide watches must be completed by another officer (escort) one-on-one.

57. Section C, Subsection 1, Item L.3 (page 22): What is the average detainee population housed in the infirmary at any one time?

A: There is no on-site infirmary at this time, only a medical clinic.

58. Page 22, L-3: Do any of the 3 medical posts listed in attachment 1, provide coverage to the infirmary or is this post provided by contractor in addition to posts listed in attachment 1?

A: There is no onsite infirmary at this time, only a medical clinic.

If provided by contractor when needed, how many days last year was a patient confined in the infirmary?

A: There is no onsite infirmary at this time, only a medical clinic.

59. Are the 13 escorts listed in attachment 1 sufficient for medical, legal, visitation and other escort requirements?

A: Yes, generally.

Do these escorts act as Relief Officers for breaks/lunch when not escorting?

A: Post Relief

As indicated in the post orders, the Detention Officer shall not leave his pos until relieved by another Detention Officer. When the Contractor or Contractor’s Supervisors authorize rest or relief periods, the Contractor shall assign undesignated officers to perform the duties as of the Detention Officer on break.

*** Restroom breaks are given by escorts. ***

60. Section C, Subsection 1, Item L.3 (page 22): Is USPHS responsible for providing and maintaining first aid kits and AED’s?

A: The Government maintains the first aid kits. Only Government personnel operate AEDs.

61. Page 23. The contents of this page indicate that the contractor must seek ICE approval for off site medical treatment. Does PHS liaison directly with ICE or if PHS desires to send a detainee outside for services, does the Contractor relay that information to the COTR?

A: PHS will notify ICE of the requirement to send a detainee outside for medical service, then ICE will notify the contractor for transportation.

Is an intermediate management/clerical position required to monitor all such requirements and ensure Transportation division is notified timely of the requirement?

A: The contractor must determine whether such a position should be proposed or not.

62. Section C, Subsection 1, Item L.4 (page 24): Please clarify if the number of two person teams required for transportation is per day or per shift. Of the eight (8) two man teams described will any other Detention Officers require a Commercial Drivers license (CDL)? Will all Detention Officers be required to have a CDL?

A: Offerors must follow the Department of Transportation and the Arizona Motor Vehicle Division requirements regarding Commercial Drivers Licenses.

63. Page 24, Para “g”: States transport officers will have Department of Transportation

(DOT) physicals. The DOT Physical form is DOT 649F; the solicitation otherwise requires the SF 88 to be used for physicals. Do transport officers have to have BOTH physicals or just the DOT physical?

A: Both for transportation officers.

64. BOP Standards for bus transportation require an increase (beyond 2) for bus trips transporting more than 10 detainees. ICE regulations require only 2 officers (one of which is same sex as passengers). Will any bus transport require the use of more than 2 officers? If so would such additional officers be separately billable under the additional invoice line item under CLIN 0002 as discussed in Para 5.C on page 25?

A: No. 2 officers per bus

65. Is the contractor required to provide a “chase” vehicle for long distance trips?

A: No

66. Is transportation in frequencies indicated in the locations chart on page 25 currently performed by the incumbent contractor? If so, how many buses/vans and what size vehicles are provided?

A: No. Transportation service is currently provided by the Government.

67. Page 25, Para “l”: requires radios to be compatible with Motorola XTS 3000/5000 radios. NDS states vehicles must have a 2 way radio, radios for “crew” communications, and a cell phone.

In order to communicate with ICE radio system and other federal law enforcement agencies, Motorola informs that they will need the ICE encryption key to program radios for encryption and the ICE frequencies as well. At other ICE detention sites, ICE is providing a radio when needed for transportation due to the government’s reluctance to provide encryption key and frequencies. Additionally, at one site, ICE has agreed to the deployment of Nextel walkie talkie cell phones to satisfy this requirement as long as a number of phones are provided to the COTR for ICE use.

(ICE is granting an exception to the NDS for the radio requirement.)

In view of the above, can we propose Nextel walkie talkie cell phones in lieu of 2 way radios so long as all transport crew members have a phone?

A: The RFP will be revised to reflect that the encrypted radios for transportation duties only will be provided by the Government. Nextel walkie talkie cell phones furnished by the contractor can be used as a second form of communication.

68. How many buses and vans are currently in use for transportation of detainees? How many are 40 to 48 passenger buses? How many are less than 40 passenger? How many of the latter category are vans?

A: Transportation services are not currently performed by a contractor at this facility. ICE currently has a fleet of five 48-50 passenger buses, one 24 passenger bus and eighteen 13 passenger vans. Although, you must realize we do have back-up vehicles to use while line vehicles are in for service. We do conduct movements at times that include up to 140 detainees while still operating other details with detainee movement. The offeror is responsible for proposing a solution to the requirements of the RFP.

69. Are there a specific number of buses and vans required for this contract?

A: The contractor should propose what they consider necessary to achieve the work.

70. Are 40 passenger buses and 10 passenger vans acceptable?

A: The contract requires 40-48 passenger vehicles and less than 40 passenger vehicles. (See CLIN 1002B and 1002C description.)

71. Do any transport requirements exceed 10 passengers?

A: Yes.

72. Approximately how many miles have been logged transporting detainees annually for the last 2 or 3 years?

A: This information is not available.

73. Section C, Subsection 1, Item L.4 (page 24): Are male and female detainees ever transported together?

A: Yes.

74. Section C, Subsection 1, Item L.4 (page 24): Will ICE provide sufficient space for vehicle parking and washing area for buses, vans, etc. Please clarify if there are any associated costs for parking at the Service Processing Center. Are there any associated costs for parking at any of the medical facilities, courthouses, etc. as part of the detainee transport?

A: The Government will provide parking for buses, vans, etc. There are no associated costs for parking at the SPC. The cost of parking at medical facilities, courthouses etc. will depend on the particular facility. It would be impracticable to list all potential facilities and parking rates. A washing area for vehicles is not provided.

75. Will the government provide sufficient space for parking transportation vehicles at the

SPC?

A: See answer above.

76. Section C, Subsection 1, Item L.4.d (page 24): Please clarify what equipment and modifications are required in accordance to the ICE National Detention Standards for each Transport Vehicle.

A: Attached to this amendment is a copy of the Detention and Removal Operations Policy and Procedures manual, Appendix 32-1, Vehicle Ordering Menu.

Please note, all vehicles must comply with Department of Transportation requirements, including restrooms, handicapped access, temperature controls, etc.

Offerors are responsible for providing a solution to the requirements for vehicle equipment meeting the requirements of the Performance Based National Detention Standards. A sample list of vehicle equipment currently includes:

Mobile radio(s) able to communicate on frequencies used by Border Patrol and other law enforcement agencies;

Cellular Phone (backup communication system) In the forward baggage compartment, two equipment boxes containing:

Box#1: large bolt cutters, fuses, fan belts, jack, small hand tools, flashlight, lantern, rags, disposable trash bags, broom, ground cloth, two sets of coveralls, and work gloves (Fleet officer/shop supervisor maintains inventory; checks written inventory quarterly).

Box #2: Transmission fluid, water for radiator, oil, toilet disinfectant, extra fire extinguisher(s), road flares, and reflectors ( transporting officers record amount and date used and by whom on inventory sheets kept in box 2, likewise maintaining MSDS sheets as necessary).

Other equipment may be added as necessary (transporting officers shall provide supervisors with written notification of inventory needs, including items that need replenishing or replacing).

First-aid equipment bag (disaster kit), auxiliary to the first-aid kit the driver’s compartment (officers shall document each emergency requiring first-aid treatment, including whether and how quickly the injured received proper medical care);

Emergency blankets equal to the rated capacity of the vehicle;

Boarding bag containing extra forms, camera that produces instant photographs, film, batteries, emergency phone numbers: ICE DRO offices, local police, state police, etc.;

Spare tire and snow chains (if applicable);

Restraining equipment, including, at minimum: Buses-50 sets of waist chains; 50 sets of leg irons; 2 sets of leg irons modified for use as hand cuffs (extra-large); other vehicles-equipment equal to the rated capacity of the vehicle.

All restraining equipment must be of high quality and needs to be maintained in good operating condition and kept in the forward baggage compartment with the other supplies.

77. Section C, Subsection 1, Item L.4.f (page 24): Please clarify the quantity and type of restraint devices needed for the contract.

A: A definition of Restraint Equipment is included under the Section for Explanation of Terms. The types and quantities for transportation restraint equipment is contained in the ICE/DRO Detention Standard entitled “Transportation (by Land).” The offeror is responsible for providing a solution to the requirements in the referenced paragraph.

78. CII L.4(l)- Will the Government be prepared to use digital communications on the contract start date or will analog radios be necessary at contract start up?

A: The Government plans to be digital by the contract start date.

79. Page 25, Para “M”: transportation delays are caused by many reasons; if the contractor is “over-tasked” with hospital runs on a given day, or providing jail runs, etc., with only 5 teams available M-F, and these 5 teams split between various shifts, delays are inevitable due to the length of some runs, the “overhead” time associated with…