Questions RFP HSCEDM-12-R-00001 - Dec 8 2011.doc

Questions and Answers for Solicitation HSCEDM-12-R-00001

December 8, 2011

1. When do you anticipate the release of the RFP for Transportation/Guard Officers to support Immigration and Customs Enforcement Operations in the New York City Metropolitan Area (Solicitation Number: HSCEDM-11-R-00010)? Do you expect this opportunity to be a set aside?

RFP was released on November 14, 2011 and it is set aside for small business.

2. What is the incumbent name and contract number?

Currently, there is no service provider.

3. What is the anticipated contract award date/time frame?

Second quarter of FY 12

4. Nothing in the documentation shows the Labor Category under the SCA-WD. Has this been determined yet?

Please See Attachment 3

5. I have a question about the Section K form. If I understand correctly, we are to fill out the FAR clauses that apply. Can you confirm that this is correct?

Yes

6. Is there any mandatory prebid meeting? if so when.

No

7. Is there any form of bonding required?

No

8.

What was the cost to the government last year for these services or perhaps what is the government estimate?

The Government did not receive any services last year.

9. Are email bids acceptable?

No

10. Is there a CBA currently on this contract? If there is, will you send us a copy of it.

There is no current CBA.

11. Section I of Contract Clauses is not in the solicitation.

Yes, it is in Section I of the Solicitation please check.

12. Office space available for contractor and how many?

At least 1500 sf not counting 7 locking offices. Locker rooms and muster room / training room are additional space.

13. How many Transportation Officers are required on each shift?

The Offeror shall estimate the number of Officers necessary to meet the contract requirements given the daily route list, ICE transportation standards and information provided in the PWS.

14. Will Varick St. be under 72 hours facility?

There are no overnight stays at the facility. Varick is a temporary holding facility.

15. How many detainees does it hold?

The holding rooms can hold a number of detainees however the number of posts pertaining to hold cells is provided in the PWS.

16. Cells or whole rooms available?

Whole rooms

17. Will ICE process the detainees in and out?

YES

18. Who will conduct classifications of detainees?

ICE Officers

19. How many teams of detention officers will be required per shift?

The PWS states the required stationary posts. The Offeror shall estimate the number of Officers necessary to meet the contract requirements given the daily route list, the detailed ICE transportation standards and information provided in the PWS.

20. Who will be responsible for kitchen, laundry, housekeeping and commissary requirements?

ICE Personnel

21. Who will pay for parking the ICE vehicles and where will they be parked?

The vehicles will be parked on the street at the Varick Facility and no fee is required.

22. Can the Contractor use the Fleet Card to pay for parking at the Hospital?

GOV’s with DHS plates/ICE brandings are able to park in areas reserved for Police / Emergency vehicles – no fee involved.

23. Will the ICE vehicles be equipped with radios, cell phones, emergency equipment, based on the PBNDS standards?

No. Cell phones are acceptable form of communication but any communication equipment will be provided by the Contractor.

24. Will contractor be responsible to dump the waste from buses after usage?

YES

25. Is the medical on site at Varick St? If not, where does the liability rest case of detainee death or injury?

Yes, there is an ICE medical presence at Varick.

Immigration Health Services has a Doctor, PA and nurses on the same floor as processing providing medical services to detainees.

26. What other states will be required to transport?

New York and New Jersey are the only states in this requirement.

27. Can the Government be more clear and concise on the statement that the COTR will have the final instructions of where the transportation will be conducted? Does that mean we will be providing other states than New York and New Jersey?

There may be other locations that the Contractor is required to provide transportation other than those listed in the PWS. The contractor will be reimbursed IAW the “On Demand CLIN.” However, New York and New Jersey are the only states in this requirement.

28. Is the facility closed on the weekends?

YES

29. It appears that the facility is only operational Mon-Fri.

The facility is only operational Monday through Friday.

30. On-call and on-demand officers be required for outposts?

NO.

31. Any transportation required on weekends?

Possibly please see paragraph 1.4.4 of the PWS

32. Has the Government taken into consideration the traffic in Manhattan that would cost the operation overtime?

YES.

33. Does the contract allow for individuals to serve as officers and supervisors?

NO

34. It is not clear in the RFP how relief officers for detention posts will be handled for requirements of bathroom, lunch break, and additional personnel to cover sick time, vacation time, or officers that will take disciplinary action and will be relieved from their duties. And for us to prepare all refresher training and weapons training that is required by individual states.

Scheduling for post relief and relief factors are the responsibility of the Offeror applying their experience in such matters.

35. According to the RFP, contractor will be responsible for office supplies, computers, and desks?

Desks are provided and the remainder is the Contractor’s responsibility.

36. Will the government be providing handcuffs, leg irons, belly chains, and flex cuffs on each vehicle that is provided by the government?

NO, restraining devices will be provided by the contractor.

37. Who will be responsible for conducting the background checks for all DO's?

Subsection 4 of the PWS describes the suitability determination process. OPR-PSU will conduct background checks for suitability determination. The Contractor may conduct pre-screening checks of their proposed candidates, but OPR-PSU makes the final determination

38. If it's all possible, we would like to request to visit the site to have a better understanding of its operations and needs at the Government's convenience.

A Vendor Industry was conducted on May 24, 2011. No other site visits are planned.

39. In Section 1.4.5 (A) and (B), you list specific post hours. Does the contractor have to follow those post hours exactly or can those hours be moved to accommodate transport run specifics?

Hours will be dictated by the exigencies of the agency (ICE) and will be adjustable.

40. Do the court post hours include holidays or are those posts not manned on the federal holidays?

DOJ Courts as well as federal buildings are closed on federal holidays dictated by Federal Law (5 U.S.C. 6103).

41. The hospital guards are for Monday through Friday only? Will someone else be performing those duties on the weekends?

In the event of carry over of a hospitalized detainee through a Saturday/Sunday – the contractor will cover the post. Hourly rate will be billed at a specific amount (i.e. OT rate).

There may be exceptions where ICE personnel will cover the post.

42. Is the Armory Officer also required to operate the main control?

NO – it is staffed by ICE Personnel.

43. Will there be any ICE personnel working inside main control?

YES – it will be staffed by ICE Personnel.

44. In section 5.1 it talks about training and assignment to a “senior DO.” For the first hires will they be assigned to work with ICE agents for their OJT?

Initial training will be under the auspices of ICE personnel designated by the Field Office Director in conjunction with contract managers. However, the contractor is responsible for having a training coordinator on staff that will be the main POC for his employer and will be responsible for all subsequent training in the required curriculum.

45. Will the contractor be permitted to use available space at the facility to conduct training?

YES – classroom space will be made available. However, training equipment (projector, handout, manual, etc.) is the contractor’s responsibility.

46. The draft RFP lists 2 “Thomas Airporter’s” and 1 Blue Bird bus. Will all staff need to be able to operate these vehicles or can the contractor make the CDL Class “B” with airbrake and passenger endorsements optional for staff, so long as we maintain a sufficient number of qualified staff to operate these vehicles?

Each shift will assign sufficient amount of drivers possessing Class “B” with Passenger (P) endorsement for vehicles (bus, airporters) scheduled for routes.

47. Para 3.7.3 (Uniforms) does not specifically require an intermediate weapon such as a baton or OC; will the contractor be required to provide such to its “armed” officers?

YES, responsibility of contractor.

48. Can you provide a post title/function list of the various court officers? Without such, we can’t determine if all the bases are covered such as who will escort witnesses/family from the building lobby up to the court room? If the two “driver/escorts” are occupied outside the facility they would not be available for this function.

Total of 8 positions as indicated below.

4 – One for each courtroom

1 – Escort to and from Court Holding Area to Courtroom

1 – Static post in Court Holding Area

2 – Escorts from the 4th floor to 11th floor Court Holding Area

49. Para 1.4.5(b) posts are entitled “Driver/Escorts”; Are these officers supposed to be used as the primary “hospital/clinic/court appointment” “escorts” so the driver team can drop off the escort and the detainee and continue to transport?

YES.

50. If so, are two officers for each detainee required to act as “escorts” at these destinations or will one suffice?

Two Man Posts at Hospital / Clinic

51. Or are these “Facility Escorts” who monitor hold rooms and escort detainees to the court rooms on the 11th floor?

See above as it relates to 8 positions.

52. Para 3.7.2 (uniforms/equipment) lists a portable radio as being required as part of the uniform. As you may know the Varick facility is not cell-phone friendly with very poor reception between the 4th floor admin space and the 1st floor sally port and the 11th Floor Court Rooms. However, in our past performance, we provided push to talk cell phones to each driver while on runs and CB radios for emergency communications (which were never actually utilized) for two reasons: (1) Radio reception on longer runs was more spotty than cell phone reception and obtaining the frequencies used by the various law enforcement agencies and jails was virtually impossible, and (2) the radios utilized by ICE are encrypted and the encryption key is required by the contractor’s radio vendor in order to encrypt the radios (which ICE normally won’t release for understandable security concerns). PBNDS requires both radios and cell phones in transport vehicles. Since the ICE-style radio can cost up to $4,000, it seems practical that ICE would provide a radio for each of the government vehicles provided to the contractor. It also seems practical that the radios used inside the Varick facility would not require this encryption, but could be much cheaper models commonly used for security. If you could give us more specific advice as to the radio requirement, it would be appreciated.

Communication devices are the responsibility of the Offeror applying their experience in such matters. Mobile Devices used by present vendor providing security to building under separate contract would be a suggestion.

53. Para 1.4.5(b) New York City – Drivers/Escorts; what is the purpose of these posts?

e.g., are they “hold room” officers and escorting between holding area and courtroom at the Varick facility?

Drivers/Escorts are separate duties from personnel assigned to an indoor (facility) fixed post. If not assigned to a transport team … personnel will be working as escort officers moving /securing detainees inside the building.

54. Are these armed positions?

All positions are considered “armed” although weapon may be required to be secured during movement of detainees in court areas or holding cell areas.

55. If not, what is their intended purpose?

See the answer above.

56. Are the court officers “armed” positions?

All positions are considered “armed” although weapon may be required to be secured during movement of detainees in court areas or holding cell areas.

57. Para 1.4.4: If hospital escorts are required on a given day for a 24 hours, would all of these hours be charged to the “on call” CLIN?

YES.

58. If an escort is required for 24 hours and the detainee enters the hospital at 1200 (noon) on Friday, is the contractor provided escort relieved at midnight Friday night by an ICE agent?

Contractor will provide personnel and bill at an OT rate except in those situations where ICE specifically notifies the contractor of the availability of ICE personnel to cover a specific shift or provide day(s) of coverage.

59. Transport team is responsible for transport to, and custody of, detainees during court hearings for the duration of the hearing, is there a government estimate of the average length of time required for these hearings?

Not to exceed normal business hours as immigration courts are rarely open for night court. Can range from 2 hours to 6 hours as a norm; however, on occasion a court session is scheduled for 5pm and is ended by 7pm.

60. Are the court room officers required on Federal Holidays?

On recognized Federal Holidays - courts are closed.

61. Will the contractor be transporting detainees from jails to medical appointments at area clinics? (That is the trip starts at Varick, goes to Monmouth County Jail and picks up a detainee, then to a doctor’s office, and then returns to MCJ dropping off the detainee, and then back to Varick?)

It varies and depends on the medical issue of the detainee. Most medical calls of IGSA admitted detainees will be handled by the IGSA facility personnel.

62. Para 1.4.6; the PBNDS Checklist for Land Transportation states that: “Two officers with valid Commercial Drivers Licenses, (CDL’s) required in any vehicle transporting detainees.” The RFP paragraph seems to imply that single officer transports are authorized; please confirm that single officer transport are allowed. (Para 2.10.1.1 states “two person teams”…)

Single Officer transport runs are NEVER allowed. It is always a two man team. Paragraph 2.10.1.1. supersedes the PBNDS for this requirement.

63. Will the government provide the restraint equipment such as leg irons, belly chains, cuffs, etc?

NO, all restraining devices and maintenance of same is the responsibility of the contractor.

64. Is internet available free of charge?

Internet and service provider is the responsibility of the contractor with costs borne by same.

65. If not, is it provided through regular cable companies or through GSA?

See above

66. Will telephone lines and instruments be available for contractor use at the Varick facility free of charge?

Telephone service provider is the responsibility of the contractor with costs borne by same.

67. Para 2.2.1 states the contractor will fully staff the facility to secure, control, and supervise detainees in custody regardless of the detainee population. However, the chart in paragraph 1.4.5(A) limits fixed posts to Court/Hold = 7 and an armory post 24/5.

a. Under what conditions would the contractor be required to provide more staff (in the facility) than listed in the chart?

None - Posts in the facility are fixed.

b. Prior to closing, the Varick facility housed approximately 250 detainees. Will any detainees be housed overnight in the Varick Facility, for which custody would be the responsibility of the contractor?

No overnight housing is in effect..

68. Will detainees be brought to the facility by various law enforcement agencies and then held in holding rooms awaiting further transport?

If so, who receives/processes these detainees prior to their being passed to the contractor for further transport?

ICE Immigration Enforcement Agents are assigned processing duties.

Will the contractor have to prepare any detainee documentation other than baggage forms?

YES and additional forms are necessary and instruction will be provided.

Will the contractor be responsible for any detainee funds or valuables?

YES at all times and shall safeguard while in their possession.

69. Is the contractor required to provide any food service?

NO it is handled by the agency.

If so, how would this be reimbursed to the contractor?

70. Are key personnel resumes required to be submitted with the proposal?

YES they are required to be submitted with the proposal.

71. Para 2.8. Will contractor personnel be required to have SIDA access; and will ICE provide the SIDA access cards?

NO, any locations requiring SIDA access are not assigned.

72. If transport officers remain with detainees inside an air terminal, do they secure their weapon in their vehicle prior to entering the building?

See above

73. Para 3.2 Health Requirements. Does the annual DOT physical satisfy the physical exam requirements of this solicitation; or is there a specific physical form such as the SF-88 required for pre-EOD in addition to the annual DOT physical?

DOT rules and regulations (physicals) are separate from hiring requirements.

74. Para 3.4. DOT allows drivers to work not more than 15 hours a day with no more than 10 spent driving, and no more than 70 in an 8-day period. Will the DOT limits be allowed for drivers, or is the “12 hour rule” applicable to drivers as well as the court officers?

DOT regulations will be adhered to fully and cannot be altered.

75. Para 3.7 Uniforms:

a. Are cloth name tags and badges allowable to reduce potential injury in the case of physical force application?

YES.

b. Are lockers available at the facility for contractor staff to store uniforms?

YES.

76. Para 3.9. Is the contractor required to pay the license fees for CDLs and Firearms for its employees?

YES - Commercial Driver License issued in the state of residence of employee. Firearms license in New York and New Jersey.

77. Para 3.16. Since the courts at Varick Street normally secure for lunch for approximately 1 hour; if half the officers take a lunch break for 30 minutes and the other half for 30 minutes, would any “relief officer” be necessary?

NO.

78. Presuming training is provided, would a transport officer or supervisor be able to relieve the armory officer during the armory officer’s lunch break?

YES.

79. Will former contractor employees who worked at the Varick facility prior to its closure that are hired for this contract be subject to the complete background investigation requirements in para 4.2 of the RFP if their last day at the facility was within the two years noted?

YES unless they have been working under an additional federal contract.

TRAINING QUESTIONS

80. Transport Training: PBNDS does not specifically require transport officers to receive training beyond that listed in the standards (as enumerated in above question); however, these officers normally receive additional training associated with their unique positions. (1) Can the 40 hours of OJT training be utilized as a “transport training” block for transport officers in lieu of “post OJT training” afforded to the court officers?

Transport training can occur during the 40 hours of On-the-Job Training (OJT) with no substitution.

Or would additional transport training be required in addition to the regular OJT?

Additional is not required.

81. If a contractor hires staff that formerly worked at Varick and is able to produce evidence of the required training being completed, will the contractor have to re-train these staff completely or can 40 hours of “refresher” training be administered?

Refresher training is appropriate – as long as documentation exists that staff completed required training.

82. Supervisors are required to complete all DO training and 40 hours additional including the 20 hours listed on page 21 of the RFP. Are there any required topics for the other 20 hours?

No - They are at the discretion of the contractor but require approval from COTR

83. Is AED training required (not listed in PBNDS Standards)?

Automated External Defibrillator Training is a plus for any employee … but not a requirement.

84. Since this is a “startup” contract, ostensibly all staff would be required to receive 40 hours of annual refresher training during the first month of the first option year. To avoid scheduling problems during that month, can the refresher training start during the 12th month of the base year and carry into the first and/or second months of Option year 1? (Otherwise you would have 1/4th of your staff off the schedule during each week of the anniversary month of training.)

YES.

FIREARMS QUESTIONS:

85. Are weapons/ammo containers/safes available in the facility armory for contractor use?

Safes and containers are the responsibility of the contractor.

86. If the armory is always locked, are containers required inside the armory for weapons/ammo?

YES. Firearms will be kept in locked safe.

87. Are clearing barrels available, or are they contractor provided?

Clearing barrels are available.

88. Is the Armory officer allowed to clean weapons in the Armory space?

YES.

89. Can a prospective transport officer (armed position) work a court post (unarmed) while waiting for his NYC gun permit to be approved?

YES.

90. Are pistol safes available in all transport vehicles provided by the government?

NO. Safes are the responsibility of the contractor.

91. Are combination locks on gun safes required or is a padlock system acceptable?

Dial combination.

SUBSECTION 6

92. Para 6.0 states we perform detainee counts, control contraband, etc, all in accordance with PBNDS. Are facility counts conducted? If so, would our part be to report any detainees in the courts and otherwise under transport at the time of the count, or is “counts” not applicable?

All counts are applicable.

93. As for contraband, is the contractor required to store any contraband confiscated? If so, are storage containers available in the facility for contractor use?

Contraband will be safeguarded and turned over to an ICE Officer at the earliest opportunity.

SUBSECTION 7

94. This subsection seems to address what would be the routine if the contractor were operating the facility on Varick Street. While it would be appropriate that the contractor’s staff respond to an emergency situation within the facility, would we be responsible for such situations throughout the facility or just in the areas under our cognizance, such as courts and hold rooms; transport loading/unloading areas?

The Contractor is required to respond to emergency under their cognizance.

95. In the event of an emergency, would transport runs be suspended and all available staff not on a fixed post respond? Or do additional responders have to be available each day/shift to respond to emergencies?

Emergencies will be handled by ICE Officers … and if warranted the Special Response Team (SRT) will be activated and respond.

SUBSECTION 8

96. Who provides first aid kits (and replenishment thereof) within the facility (para 7.3.2)?

ICE provides and maintains.

97. Is the contractor responsible for any safety and security items such as fire extinguishers (in the vehicles or the facility)?

NO.

98. Would contractor staff ever be tasked with hazardous waste disposal or cleanup (such as blood)?

YES.

99. Are emergency medical evacuations conducted in ICE vehicles or are ambulances summoned?

911 called for local EMT response

100. Are gas masks and riot gear required to be provided?

NO.

101. Are ICE radios provided by the government for each government provided transport vehicle?

NO.

a. If not, what model radio is required to be compatible with ICE radios; and who will encrypt these radios? (ICE has previously not be inclined to provide an encryption key and contractor radios would not be able to be encrypted without the key.)

Walkie-Talkies or another suitable method of communication to ensure that personnel can contact their management team or emergency services in the event of an incident / emergency.

102. Will the contractor be required to provide cell phones to its driver’s while transporting detainees in ICE vehicles?

Walkie-Talkies or another suitable method of communication to ensure that personnel can contact their management team or emergency services in the event of an incident /emergency.

103. Are all previously installed data lines and phone lines still operational within the facility or were they removed when the facility was closed in 2010?

The Contractor is responsible for telephone and any IT services.

104. Are all desks/chairs/file cabinets still available for contractor use at the Varick facility (4th floor Admin area) for the contractors management staff, or have these been removed?

What is presently in place is available for use. Upkeep and additions are the responsibility of the contractor.

SECTION H

105. Para H1 states that the contract shall be responsible for any damage…to vehicles…as a result of any act or omission on the part of the contractor. If damage is incurred due to brake failure or some other maintenance issue, would the contractor be liable for such damage?

The Government is responsible for the maintenance of the vehicles. Contractor will maintain PM schedule AS PROVIDED BY ICE UPON AWARD to assigned vehicles and will notify ICE of any safety issues with vehicles.

106. The warranty disclaimer seems to relieve ICE of any responsibility for damage to vehicles; however, it also states there is no guarantee as to the availability of ICE vehicles. In the event that the transport mission exceeds available vehicles, will the contractor be in any way penalized for the lack of available vehicles?

NO.

107. Para L-2 requires submission of cost/price data in the format provided in FAR 15.408 Table 15-2. Although the SF-33 states this is a “negotiated” contract, the CLIN structure is Firm, Fixed Price. Since this is not a time and materials contract, why would such extensive pricing data be required? Would not a spreadsheet with estimated labor, direct cost itemization, indirect cost (Itemization or % rate of markup) and profit be sufficient if such data is required?

The requirements in Paragraph L.2 - FAR 52.215-20 –are NOT applicable at this time. However, the Government reserves right to request additional information and apply FAR 52.215-20 if necessary.