HSCEDM-14-R-00003_Questions_ _ICE_Responses.pdf

PIDC Solicitation HSCEDM-14-R-00003

Questions & ICE Responses

1.

Question:

I had a quick question regarding the Presolicitation Notice posted on FBO on January 8, 2014 for Detention Guard, Food and Local Transportation Services (HSCEDM-14-R- 00003). Is there an incumbent contractor associated with this work? If so, are you able to provide the name of the contractor and the contract #? Or, is this considered a brand new requirement?

ICE Response

Yes, there is an incumbent Contractor. Ahtna Technical Services, Inc. is the incumbent.

This is not a brand new requirement.

2.

Section/Subsection Number:

L.6.5 Volume II: Past Performance (Factor 6) – page 190

The first sentence of this RFP section states:

Offerors and prospective major Subcontractors providing an estimated total value of services under this effort in excess of $500,000.00 shall provide contact information for at least three (3) but not more than five (5) contracts for same or similar services which were held within the past five (5) years at a total value exceeding at least $10,000,000.

In our meetings, this statement was interpreted in different ways by different readers. Can you please clarify the following:

Does the $10,000,000 figure refer to:

• The total value of each of the contracts that is provided as a reference?

• The total value of all the Offeror’s contracts, and the total value of the major

Subcontractor’s contracts? (in other words, does each company need to show a total value of $10.0 million?)

• The combined total value of both the Offeror’s contracts and the Subcontractor’s contracts? (in other words, do the combined references of the companies need to show a total value of $10.0 million when added together?)

Does the reference to 3-5 contracts mean that:

• The Offeror and the Major subcontractor should each supply 3-5 contracts?

(resulting in a total of 6-10 total references)

• The Offeror and the major Subcontractors should supply 3-5 contracts in total? If so, is there some required split between the Offeror and a major subcontractor?

The $10,000,000.00 figure is the cumulative total for one contract.

Section L.6 of the solicitation states “Offerors and prospective major Subcontractors providing an estimated total value of services under this effort in excess of $500,000.00 shall provide contact information for at least three (3) but not more than five (5) contracts for same or similar services which were held within the past five (5) years at a total value exceeding at least $10,000,000.”

3.

C.6.1 Transition Period

Question: Will the Government consider extending the transition period longer than 30 days for purchasing vehicles and to provide ample time for hiring and training a substantial number of personnel? A thirty-day transition period significantly decreases the competitive opportunity for non-incumbent small 8(a) companies.

No.

4.

M.4.3 Factor 7: Price/Cost (Volume III)

Question: Vehicle purchases, employee hiring, and training costs add significantly to non-incumbent transition price; the incumbent won’t have these same costs. Will the Government consider not including the transition period in the total evaluated price to enable a more equitable comparison between incumbent and non-incumbent offerors?

5.

L.4 Proposal Submission Instructions, 1.) Volume I – Demonstrated Technical/Management Capabilities; 2.) Volume II

– Past Performance

Question: The RFP states the font size must be no smaller than 12 point font type. It’s difficult to provide meaningful labels in technical graphics using 12-point font type because of the amount of real estate taken up by the text. May we use 10-point font type in graphics and tables?

Tables and graphics may utilize 10-point font. This will be clarified in a forthcoming amendment.

6.

Demonstrated Technical/Management Capabilities; 2.) Volume II

– Past Performance

Question: The solicitation states fold outs are not permitted. To properly demonstrate our technical approach for this procurement, we would like to include large graphics that are best depicted on 11x17 fold outs. The use of graphics provides an easier method for evaluation of proposals vs. using exhaustive text to tell the same story. Will you re-consider allowing offerors to use 11x17 single-sided fold-outs that count as two pages in their proposals?

7.

Demonstrated Technical/Management Capabilities

Question: The RFP states Demonstrated Technical/Management Capabilities volume shall be limited to 200 pages. We would like to include a cross-reference matrix in the front of our proposal with our table of contents to assist the evaluators when reviewing our proposal for compliance. May we include this matrix outside of the 200 page limitation?

8.

Section/Subsection L.4 Proposal Submission Instructions, 1.) Volume I –

Demonstrated Technical/Management Capabilities; L.6 Proposal Preparation Instructions, 4) Volume I Demonstrated Technical/Management Capability Technical Proposal Content, Key Personnel and Contractor Staffing Plan (Factor 4); C.14 Key Personnel

Question: The RFP states “Include commitment letters and resumes (no longer than 3 pages) with position descriptions for all key personnel”; and also states, “The Offeror shall provide a minimum of one (1) resume for each key person identified in the solicitation”.

With a minimum of 10 resumes at 3 pages each (30 pages); plus at least 10 commitment letters (10 pages); plus 10 position descriptions (10 pages); this requirement will take at least 50 pages. Will the government consider removing key personnel resumes and commitment letters from the 200 page count limit?

ICE Response

Key Personnel resumes and commitment letters will not count against the page count.

This will be clarified in a forthcoming amendment.

9.

Demonstrated Technical/Management Capabilities; L.6 Proposal Preparation Instructions, 4) Volume I Demonstrated Technical/Management Capability Technical Proposal Content, Quality Control Plan (Factor w); C.6.4.8 Emergency Food Service Plan; C.20.1 Quality Control Plan

Question: A Quality Control Plan with sufficient detail for an effective evaluation and that addresses all requirements in the solicitation (including the Supervisory Plan, Communication Plan, and Emergency Food Service Plan) will be large. Will the Government consider removing the Quality Control Plan from the 200 page count limit?

10.

C.6.3 Transportation Services

Question: Transportation routes for detainee transportation services are needed to estimate and price transportation requirements. Please provide the transportation routes and the average daily frequency for each route.

ICE Response

The average frequency of local transportation runs per day is seven (7) within the surrounding community health and/or court facilities. The average number of detainees transported on a daily basis is also seven (7) within the surrounding community health and/or court facilities.

11.

Question: The RFP states, “With the exception of the Coastal Bend Detention Center, local transportation shall be limited to a 50 mile radius of PIDC, not to exceed a total of 10,000 miles per month.” What is the current average number of total transportation miles per month?

ICE Response

ICE no longer requires runs to the Coastal Bend Detention Center in Robstown, TX.

The reference to this run to Robstown, TX will be removed from the solicitation in a forthcoming amendment. Transportation is not to exceed 10,000 miles per month.

12.

Question: How many vehicles are currently being used to provide the same transportation services in this solicitation?

References to the current contract are not relevant to this solicitation. Offerors must propose a solution to the Government’s requirements as specified in solicitation HSCEDM-14-R-00003. Please refer to Section C.6.3 of the solicitation and the ICE Response to Question 11.

13.

C.6.2 Detention Management

Question: What is the average weekday (Monday through Friday) daily detainee population at the Port Isabel Detention Center (PIDC)? What is the average weekend (Saturday and Sunday) and holiday daily detainee population at the PIDC?

The Average Daily Population is 1,150.

14.

C.6.4 Food Services

Question: Please specifically list the equipment and tools provided by the government for food services.

ICE Response

Stoves, ovens, grills, fryers, automatic dishwashers, garbage disposals, trash compactor, Ice machines, steam kettles are Government Furnished Equipment.

15.

C.9.1 Staffing Plan and Facility Posts

Question: What is the average daily number of admissions? What is the average daily number of releases?

Average Daily Admissions : 150

Average Daily Releases: 310

16.

C.13.1 Facility Post Table

Question: According to the solicitation, the facility post table reflects the minimum posts required for daily operations at PIDC. What is the detainee population that is supported by the posts in the Facility Post Table?

Please see Section 3.1 of the solicitation.

17.

C.16.1 Training

Question: Please describe any government provided training facilities, shooting ranges, and training materials and equipment. Will the contractor be required to provide off-site space for officer training?

The training room and training materials for annual ACA refresher training are provided by the Government. The training room for contractor staff training and training materials are provided by the contractor. The Government office space provided to the contractor has a training room area. There is no Government provided shooting range.

18.

L.4. Proposal Submission Instructions

Question: This paragraph requires no less than 12-point font for text. Can we use a smaller font for graphics as long as readability is maintained (i.e. 9-point font)?

Please refer to the ICE response for Question 5.

19.

L.4.1.) Volume I- Demonstrated Technical/Management Capabilities

Question: This paragraph states that a single cover page and dividers are the only items excluded from the 200-page limit. Would you consider exempting all or some of the following items from the page count as well:

• Table of Contents

• List of Tables & Figures

• Acronyms

• Legal Offer: Identification and Cover Letter

• Section K

• Key Personnel Resumes and Commitment Letters (Max 3 pages per each key personnel)

The Government will exempt these items from the 200 page limit for Volume I Technical proposals. This will be clarified in a forthcoming amendment.

20.

Question: Will there be government-provided vehicles available for use during the transition period?

21.

C.6.3.1 Contractor Provided Vehicles

Question: This paragraph states the Contractor shall furnish vans including a minimum of one (1) van that meets ADA guidelines however it does not provide the specific number of vans or other passenger vehicles that the contractor will be responsible to provide for this contract.

How many and what specific type of contractor-provided vehicles will be required for this contract?

1. Please refer to the ICE Response to Question 12.

2. Please refer to Section C.6.3.1 of the solicitation.

22.

C.6.4 Food Services

Question: This paragraph states the Contractor shall provide items and services necessary to perform full food service however, who will be responsible for the purchase of food supplies, both edible and non-edible items?

All food supplies shall be purchased by the Contractor.

23.

C.6.2.5 Mobile Communication Plan for Detention Officers

Question: What type of radio is currently being used by the incumbent?

References to the current contract are not relevant to this solicitation. However, pertaining to solicitation HSCEDM-14-R-00003, Contractor radios shall be compatible to the ICE radios. Contractor radios meeting the specifications of a Motorola Radius CP200 are compatible to ICE radios.

24. Received:

Section/Subsection C.6.2.5 Mobile Communication Plan for Detention Officers

Question: Who is responsible for the encryption of the radios?

The Contractor is responsible.

25.

C.13 Staffing Plan and Facility Posts

Question: Will a seniority list (personal information redacted) be released?

In order to calculate the appropriate number of productive hours without the use of a seniority list, will the Government consider providing a rough percentage of current PIDC employees’ years of service using the CBA-defined service level categories listed below?

Completion of one (1) year of service

Completion of five (5) years of service

Completion of ten (10) years of service

Completion of fifteen (15) years of service

The Government is not a party to the Human Resources records of the Contractor or Union Seniority Lists.

26.

C.17 FIREARMS

Is there an armory at PIDC that is available to the contractor?

ICE Response

No “armory” is available for the storage of Contractor firearms. However, gun lockers for temporary securing of weapons when entering the secure perimeter of the facility are available. These are located at the PIDC main gate trailer.

27.

C.10.8 Laundry Facility

Is the Contractor responsible for the laundry operation?

Yes, in accordance with laundry schedules provided by ICE.

28.

C.20.8 Funds Management

Is there a commissary? What entity is responsible for its operation?

Please refer to Section C.6.2.7 of the solicitation.

29.

C.20.8 Funds Management

Are detainees allowed to carry money? If so, how is it controlled?

ICE Response

Yes, detainees are allowed to have in their possession $100.00 at any time. Any funds that exceed the established approved amount must be deposited and detainees receive a G-589 receipt to claim funds deposited.

30.

C.4 OVERVIEW

Are there any existing physical plant/policy issues which will preclude the Contractor from meeting optimum PBNDS?

31.

C.5.5 Religious Practices

Who is responsible for coordinating special detainee activities such as religious services, recreation, etc.

The ICE Recreation Specialist and the facility Chaplains coordinate all detainee activities. The contractor provides a safe, secure, and orderly operated detainee activity.

32.

C.5.7 Visitation

What are the visitation days and hours for families?

ICE Response

Monday – Friday

0800hrs – 1600hrs A through Z

Saturday

0800hrs – 1200hrs A through F

1200hrs – 1600hrs G through L

Sunday

0800hrs – 1200hrs M through R

1200hrs – 1600hrs S through Z

Holiday Visitation

0800hrs – 1200hrs A through Z

33.

C.6.3.1 Contractor Provided Vehicles

Is it mandatory that the Contractor supply vehicles or will the Contractor be able to use the government vehicles?

Government owned vehicles are not provided.

34.

C.2.2 Custody Classification System

What is the percentage of criminals (level 1, 2, 3 breakdown)?

The breakdown is as follows: 10% Criminal (9% Medium Risk, 1% High Risk)

35.

L.Key Personal and Contractor Staffing Plan (Factor 4)

How many direct supervision posts are staffed at each housing unit?

There are four (4) direct supervision posts (1 per pod/detainee dorm).

36.

Section/Subsection C.12.13 Uniform Requirements

Who provides badges?

The Contractor provides badges.

37.

C.6.2.1.4 Management of Detainee Property and Supplies

Please clarify detainee’s property? Max allowed cubic feet per detainee, number of items, how are the detainees property packaged? Bag, box, weatherproof container?

Detainee personal property is maintained in a bag. Detainee personal property should not exceed 40lbs.

38.

C.6.2.4 Disturbance Control Teams (DCTs)

Who provides annual security awareness training to contract staff and is the training time billable?

The contractor. Yes it is billable.

39.

C.9.16 Control of Sensitive Data

Who provides annual security awareness training to contract staff and is the training time billable?

Please refer to the ICE Response to Question 38.

40.

C.9.16 Control of Sensitive Data

If not, how many hours/year is this training and which DOs require it?

Please refer to the ICE Response to Question 38.

41.

Are there specific requirements regarding weapon caliber and magazine capacity?

ICE Response

Firearms must be provided in accordance with the ICE Firearms Policy document (solicitation Attachment 14). ICE PIDC currently utilizes SIG Sauer P229 .40 caliber handguns which are listed on Page 40, Paragraph A, Item #7 of the ICE Firearms Policy document (solicitation Attachment 14).

42.

C. Appendix 1, #12

Is the special nonviolent crisis intervention training to be provided by ICE personnel, the Mental Health Staff or the contractor?

The contractor provides this training.

43.

C.5.4 Recreation

What are the qualifications for a Recreation Specialist?

The Recreation Specialist is a Federal Employee held position at PIDC.

44.

C.6.2.1.4 Management of Detainee Property and Supplies

Please advise what the Qualifications are for a Property Officer/Clerk?

Please see section 6.2.1.3 of the solicitation.

45.

Is the ICE range at PIDC going to be available for contractor training and qualification use?

46.

Can firearms and ammunition be stored and issued on site at the PIDC?

Please refer to the ICE Response to Question 26.

47.

Are intermediate weapons such as a collapsible baton and OC spray required items for transport officers?

Yes, both are required.

48.

C.7 POST ORDERS

The mandatory “muster” time costs approx. $1 million per year as if an employee works a 40 hour week, the employee would earn 1.25 hours a week in overtime at time-and-a-half (as the CBA requires payment of the lunch break). Would ICE consider deleting this requirement?

No, the muster time is included and part of their eight hour shift.

49.

C.13 STAFFING PLAN AND FACILITY POSTS

Would ICE agree to working with the contractor to incorporate technology such as additional cameras, video monitors, DVRs and control board in the facility that can be linked to ICE current configuration to reduce man hours?

50.

Will the contractor be able to modify the facility to replace staff requirements, such as installation of control center operated gates for interior gates, additional cameras, and equipment in the facility and control center?

51.

C.16 TRAINING

Is training office, storage and class room space provided at PIDC for contractor use throughout the period of the contract?

The contractor has a training office, storage, and classroom provided to them as part of the government office space provided.

52.

Will ICE reimburse the contractor for Decontamination of equipment following call up and utilization of equipment? (For example, a cell extraction with bio-contamination).

53.

C.23 APPLICABLE REGULATIONS, DIRECTIVES AND

STANDARDS

Question:

Has the PIDC been granted any “standing” waivers regarding either PBNDS or ACA compliance?

54.

Will ICE provide a redacted seniority list of the current contractor in order to enable accurate calculation of CBA vacation entitlements and to predict the number of new hires required for PNBDS 2011 compliance?

Please refer to the ICE response to Question 25.

55.

Or, will adjustments to actual vacation hours at the full hourly wage rates be allowed in Option year annual CBA Requests for Equitable Adjustments?

ICE Response

There is no provision for “Option year annual CBA Requests for Equitable Adjustments”, other than those adjustments made in accordance with FAR 52.222-43 on the Contractor’s actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of the Department of Labor wage determination applicable at the beginning of the renewal option period.

56.

Is a space for the contractor’s gun safe(s) available at the facility?

Please refer to the ICE Response to Question 26.

57.

Will the contractor be provided with all current active Post Orders for review and revision or will the contractor be expected to develop these independently of existing Post Orders?

All Post Orders are created, reviewed, and revised by ICE.

58.

How many offices/spaces are provided to the contractor on site?

Six (6) offices are provided with space for three work stations in each office.

59.

Are juvenile detainees or families held at the PIDC?

60.

Are juvenile detainees or families supervised by the contractor at any off site location?

Yes.

61.

If so, would these posts be charged to stationary guards CLIN?

ICE Response

The “Overtime (Transportation/Stationary Guards)” is for overtime incurred by Transportation/Stationary Guards which has been authorized by the COR. A contract detention officer from PIDC would be redirected to the off-site post and not additionally charged under a separate CLIN except for those instances where overtime has been authorized by the COR.

62.

What is the facility’s current plan to comply with PBNDS 2011 optimal standard for recreation?

ICE Response

PIDC is currently in compliance with regard to recreation under the PBNDS 2011 optimal standard.

63.

Are there any specific or additional physical fitness requirements for assignment to the

DCT?

Please refer to Section 6.2.4 of the solicitation.

64.

Are existing additional data lines/phone lines installed by previous contractors available for use?

65.

C. 6.4.12 Keys, Knife and Tool Control

Does ICE provide a key accountability/control system?

66.

Is the contractor required to pay for individual guard licenses and/or firearms permits?

Costs related to licensing and permits are the responsibility of the Contractor.

67.

The Key Personnel section still states a minimum number for certain management positions. For example, it states that the minimum number of Assistant Manager positions is two. Please clarify if these minimums are required.

Minimums are required.

68.

Are policies and procedures (e.g., post orders) developed by the contractor as required by the contract considered property of the Government or the contractor? If such materials are considered property of the Government, will the Government provide such documents to the successful contractor upon request subsequent to contract award?

ICE Response

All policies and procedures are developed by ICE therefore they are property of the Government. All policies and procedures are provided to the successful awardee.

69.

For staffing and other operational requirements of this contract, will federal holidays be treated as weekends?

70.

C.16 TRAINING

With all of the increased compliance requirements, it stands to reason that many new hires may be necessary during the transition. If staffing is to be at 100% on day 1 of the new contract, how will the 80 hours of OJT be handled for these new officers. Since OJT takes place on site, will the onsite OJT be held the first two weeks of performance, or will access to the site be granted for OJT purposes during the final 2 weeks of transition?

ICE Response

It is the responsibility of the Offeror to provide its approach within the proposal on the fulfillment of OJT.

71.

How many offices/spaces/square footage will be provided to the contractor on site?

Please refer to the ICE Response to Question 58.

72.

C. 6.1 Detainee Handbook

Is the contractor responsible for production/provision of the Detainee Handbook?

ICE is responsible for production/provision of the Detainee Handbook.

73.

How soon after contract award will the awardee have access to the facility and staff?

ICE Response

The Awardee will have limited access on day one of award. It is the Offeror’s responsibility to propose a transition plan in response to the solicitation.

74.

If the contract awardee is not the existing contractor, what process is in place to facilitate the winning contractor meeting with, interviewing, and receiving information from, the incumbent contractor's current employees.

The Government does not facilitate any meetings with the incumbent’s employees. It is the responsibility of the Offeror to determine its own transition approaches.

75.

Will ICE be able to provide a more detailed architectural schematic of the facility which identifies building measurements, functions, rated/total capacities, general security details, contractor occupied space, relevant equipment (e.g., food service)?

76.

With the well documented shortages and backlogs of weapons and ammunition nationwide, what concessions, allowances or assistance will ICE provide or put in place regarding the acquisition of required weapons and ammunition during the initial phases of the contract?

None.

77.

Section/Subsection C.7 POST ORDERS

Will the contractor be provided with all current active Post Orders for review and revision or will the contractor be expected to develop these independently of existing Post Orders?

Please refer to the ICE Response to Question 57.

78.

What, if any, detainee activities take place during the graveyard shift, i.e. medical appointments/physicals, etc.?

ICE Response

No detainee activities are conducted during the graveyard shift. Detainee movement is minimal during the graveyard shift. Only movement is for food service detainee workers, detainees with early medical appointments and new arrival detainees escorted to their housing assignments.

79.

Number:

A - CLINS

Question: CLIN xxx1 series lists 1200 maximum beds per day and 100 minimum.

Since the maximum number is a moving target, are contractors to pin their costs to the minimum guarantee of 100 beds per day?

There is no minimum guarantee. The reference to minimum-maximum numbers in Section B of the solicitation will be removed in a forthcoming amendment.

80.

Number:

A - CLINS

Question: If a contractor does pin their costs to the guaranteed 100 beds per day, that results in about 12 times the actual cost due to the governments evaluation method;

Would the government consider monthly aggregate pricing for CLIN xxx1 to resolve the above problems?

No. Please refer to the ICE Response to Question 79.

81.

Number:

A - CLINS

Question: In the event of a hurricane or other factor causing a facility evacuation, would the contract receive payments for the duration of the evacuation equal to 100 beds / day?

ICE Response

In the event of emergency contingencies, guard, food, and transportation services may still be required. There is no minimum guarantee for these services and that amount would be negotiated at that time.

82.

A - CLINS

Question: If the government determines to use a bed day rate instead of an aggregate monthly rate, can the government at least increase the guarantee to 500 beds, (or some higher number) and can 500 beds x 365 days (182,500) be the evaluated price scheme? (This method would at least provide the contractor with enough of a guarantee to recover fixed costs that do not involve labor.)

Please see the ICE response to Question 79.

83.

Number:

A – CLINS

Question: The government is aware that a contractor must plan staffing and equipage to handle up to 1200 detainees per day at PIDC and, that a contractor has certain fixed costs that exist at any level of population. As an alternative to the above question and price scheme, would the government consider using the same CLIN scheme now in use in the current contract; which is price for 1 to 500 beds and price for 500-1200 beds (or 1 – 600 and 601-1200)?

84.

Number:

A - CLINS

Question: Food Service CLINS are subdivided based on Average Daily Population; are the 2nd and 3rd CLINS in this series “add on costs” or do they express the costs of the preceding levels of population in aggregation; that is, if the price for CLIN xxx2A is $1000 for 1 to 400 detainees per day; and the “added on” cost xxx2B for 401-800 is $750. Would the CLIN xxx2B cost be $750 (to cover only the costs for 401-800), or $1,750 (to include all costs from 1 to 800)? And if CLIN xxx2C added another $1,000 to the overall costs, would that CLIN then be priced at $1,000 or $2,750

Please refer to the Attachment 11 Notes.

85.

Number:

A – CLINS/SF 1449 Form

Question: Would the government consider changing the Transition CLIN to 1 “LOT” rather than a daily rate? A “LOT” price seems appropriate, as there is no incentive to finish the transition early as contractors would divide their total (LOT) costs by 30 days.

86.

Number:

C - 6.2

Question: Post 116, Facility Rover: Is this post vehicle mounted patrol that takes place continuously 24/7 outside the perimeter of the facility?

Yes, on a contractor provided vehicle.

87.

Number:

C - 6.2

Question: Post 116, Facility Rover: Is a 4-wheel drive vehicle required for the vehicle mounted roving patrol?

Question: Is an ATV suitable for this patrol?

Question: Since the patrol is a continuous patrol throughout each shift, what is the circuit distance in miles for the patrol route?

Question: How much time does one “route” take to drive?

1. Yes.

2. No.

3. The distance is approximately three (3) miles.

4. On average, the time is one (1) hour.

88.

Number:

C - 6.2

Question: Due to the distance between contractor office and ICE main building, does ICE provide golf carts for contractor staff use?

Question: If not, are such required by ICE as contractor equipment?

1. No, ICE does not provide golf carts to the contractor.

2. It is the Offeror’s responsibility to propose the necessary equipment to meet the specifications of this requirement.

89.

C - 6.2.1.2 “maintain safety video library”

Question: Who pays for the safety videos; contractor or ICE?

The Contractor pays for the safety videos.

90.

Number:

C – 6.2.1.2 through 6.2.1.4

SOW paragraphs C.6.2.1.2 through C.6.2.1.4 prohibit the QC Standards Compliance Staff, Control Center Operators and Property/Supply officer’s positions from being performed by “detention officers” (who are current Union staff and paid wages per the Local 850 CBA).

The Wage Determination for Cameron County does not include job titles that include these duties under any Code Series other than 27040 “Detention Officer.”

However, if this title is correct, then the CBA would prevail as it “is” the Wage Determination for this locality/facility.

In view of the above:

Question: Would ICE concur that the UGSOA Local 850 CBA is the correct Wage Determination to use to “price” these positions, even though they are no longer to be performed by “union” detention officers?

Question: If so, would these positions be covered for adjustment purposes in the option years at the same rates provided in the CBA for wages and benefits if such increases?

Question: If not, and an NLRB/USDOL charge is later filed by the Union, would the contractor be reimbursed for its legal expenses involved in defending an ICE decision to use some other Wage Determination and Title such as the Cameron County Wage Determination 05-2519 and Code 27040 “Detention Officer” job title?

ICE Response

The Government no longer requires the aforementioned staff and related services provided by the staff to be that of a “Detention Officer “. The Government considers this an administrative position. It is the responsibility of the Offeror to propose the suitable administrative labor category to meet all the requirements of specifications in accordance with all applicable local, state and Federal labor laws.

91.

Number:

C – 6.2.1.2 through 6.2.1.4

Question: Will the government consider making “non-rotation of staff” for the QC Standards Compliance Staff, Control Center Operators and Property/Supply officers positions a “contract requirement” for these positions instead of prohibiting them from being performed by Union Detention Officers?

(If ICE specifies in the contract that they are “permanent assignment posts not subject to rotation,” the “service contract” between the Contractor and Government takes precedence over the CBA per CBA Article 33 “Contract Supremacy.” Additionally if ICE states in the contract that ICE has final approval authority over assignment to these positions, that as well would supersede any language in the CBA regarding any Union involvement in the selection process.)

The above action would provide a defense against an NLRB/USDOL action, as the positions would remain “union positions” but with further qualifications and requirements than other positions.

92.

Number:

C – 6.2.1.2 through 6.2.1.4

Question: If the government will not add contract language as referred to in the above question, will the government entertain and endorse Wage Conformance for QC Standards Compliance Staff, Control Center Operators, and Property/Supply officers and specify that Wage Conformance to the UGSOA Local 860 Detention Officer CBA is a requirement and to be submitted with the price proposal?

ICE Response

The Government has provided the applicable Area-Wide Wage Determination and Collective Bargaining Agreements (CBAs) relevant to the requirement. It is the responsibility of the Offeror to propose the suitable labor category to meet all the requirements of the solicitation in accordance with all applicable local, state and Federal labor laws.

93.

Number:

C – 6.2.1.2 through 6.2.1.4

Question: Presuming the QC Standards Compliance Staff would be self-relieving for lunch how is the contractor to relieve the control center and property staff?

Question: Since the Union will NOT work non-union positions, would it be acceptable to “stagger” lunch breaks in the control center on all shifts and property room on days and swings with no “physical relief” required?

Question: On graves, since there is only one property room person on duty, will that person be allowed to “lunch on post”?

Question: If staggering lunches is not feasible in the control center and property room, may these individuals take their break “in” the control center (but away from electronics) and in the property area?

1. It is at the Offeor’s discretion on how lunch and breaks are provided for its staff.

2. Grave yard shift Property Room Person may arrange for a lunch break during shift, preferably during a low or down time period throughout the grave yard shift.

94.

Number:

C - 6.2.2 “maintain first aid kits”

Question: Who pays for the first aid kit contents, contractor or ICE?

ICE provides first aid kits.

95.

Number:

C - 6.2.4 DCT

Question: Is the DCT composed of 15 officers per shift 7 days a week, or just 15 DCT trained staff among the entire cadre of officers?

Question: Who will be responsible for conducting all cell extractions?

1. The DCT shall consist of no less than 15 staff members among the entire cadre of officers.

2. The number of officers is relevant to the Contractor’s DCT team. Government staff is not to be used for augmenting of the requirement.

96.

Number:

C - 6.2.4 DCT

Question: Is only one supervisor required or one per shift?

One supervisor is required to manage a DCT team of no less than 15 staff members.

97.

Number:

C - 6.2.4 DCT Gear

Question: 15 sets of DCT gear are required for the team; the RFP states an additional number of sets are required for “all additional facility detention officers”; is the 30% additional pertaining to 30% of the remaining day shift (largest shift) or the entire DO staff?

ICE Response

1. No less than 15 sets shall be assigned to the certified, all volunteer DCT team members and one (1) set for the supervisor assigned to manage the DCT team.

2. The contractor is required to provide 30% additional equipment for the entire detention officer staff.

98.

Number:

C - 6.2.4 DCT training

Question: Do designated DCT staff members attend the regular annual 40 hour ART in addition to their 40 hour annual DCT training, or do they attend only the DCT annual training.

ICE Response

The contractors DCT team shall receive initial training, participate in forty (40) hours training one month each year and eight (8) hours of training each of the remaining months commensurate with this responsibilities.

The above training is required for the DCT. DO’s designated as DCT staff members are still responsible for attending the regular annual 40 hours of training.

99.

Number:

C - 6.2.4 DCT cell phones

Question: Are DCT members who are on duty permitted to carry cell phones within the facility, or is this for recall purposes when they are not on duty?

ICE Response

DCT team members must at all times be equipped with cellular phones while at the facility and for recall purposes when they are not on duty.

100.

Number:

C - 6.2.5 “radios”

Question: How many radios are required for ICE staff per shift?

Five (5) radios, five (5) extra batteries, and five (5) chargers.

101.

Number:

C - 6.2.5 “radios”

Question: Is the contractor required to provide its own frequencies?

Question: Is an FCC license required?

1. Yes, the contractor must provide their own frequencies.

2. Yes, an FCC license is required.

102.

Number:

C - 6.2.5 “radios”

Question: Is a “man down” system required/desired for officer safety?

103.

Number:

C - 6.2.7 “Commissary”

Question: RFP states that 15% of the commissary “revenue” will be deducted from the next month’s Food Service CLIN. Is this 15% of “gross” revenue or 15% of net profit?

Question: Can commissary revenue be used to offset wages paid to commissary workers and deducted from revenue prior to calculation of 15% deduction?

1. This is 15% of “gross profits” received in the Commissary.

2. The Commissary shall return 15% of gross profits by deduction from the following month’s Food Services CLIN.

104.

C - 6.3 Transportation

Question: Is the daily run to Robstown 7 days per week?

Please refer to the ICE Response to Question 11.

105.

Number:

C - 6.3 Transportation

Question: On what shift or at what time does the Robstown run start?

Please refer to the ICE Response to Question 11.

106.

Number:

C - 6.3 Transportation

Question: If 24 hour supervision is required for hospitals, is this billable against the “stationary guards” CLIN?

No, Detention Officers from PIDC are re-directed to hospitals.

107.

Number:

C - 6.3 Vehicles

Question: Who provides the “radio” for the transport vehicles?

Question: Is only one radio required?

Question: Are officers to carry separate “radios” or other handheld communications devices to communicate with each other?

1. The contractor provides the base radio for the transport vehicles.

2. One base radio is required per vehicle.

3. Transportation Officers shall have separate radios to communicate with each other. The Offeror shall propose, in addition to the radios, an alternate communication device (e.g. Cellular phone) to communicate with the facility when radios are not operable or within range of PIDC.

108.

Number:

C - 6.3 Vehicles

Question: Is the radio required to be encrypted?

Question: If required to be encrypted, who provides the encryption service?

Question: If the contractor is required to encrypt radios, will ICE provide its encryption key to the radio vendor?

Questions: If contractor provides vehicle radios, are they installed or hand held?

1. Radios shall be encrypted.

2. The Contractor provides the encryption service.

3. ICE will not provide its Encryption key to the radio vendor.

4. It is at the discretion of the Contractor to propose radios that are installed or hand held.

109.

Number:

C - 6.3 Vehicles

Question: Can the contractor use ICE’s vehicle wash station at the facility?

If not utilized by ICE, the wash station may be utilized.

110.

Number:

C - 6.3 Vehicles

Question: If contractor is permitted to wash vehicles at the facility, may transport staff wash vehicles during their shift when not on a run?

111.

Number:

C - 6.3 Vehicles

Question: How many vans are required for the daily runs in addition to the 1 wheel-chair capable van?

Please refer to the ICE Response to Question 21.

112.

Number:

C - 6.4.11 Food Service

Question: Who pays for the actual food purchased the contractor or ICE?

Please refer to the ICE Response to Question 22.

113.

Number:

C - 6.4.2 Positions in Food Service

Question: Does the Government require staff for staff dining and if so what is the approximate number of staff dining in the facility per meal per week?

ICE Response

Yes, staff are required to serve employees consuming a meal in the staff dining room.

Estimated staff meals served per week avg. from 550 to 625 meals.

114.

Number:

C - 6.4.5 Satellite Meal Service

Question: Bullet two calls for all hot food to be delivered in enclosed, insulated hot cabinets and maintained at 140° Fahrenheit. Is the temperature required for plating or serving?

ICE Response

Yes, food items after cooking shall be maintained at or above 140 degrees Fahrenheit.

Hot foods must be placed in a heated serving line during tray assembly. Satellite trays meals must be delivered and served within two hours of food being plated.

115.

Section/Subsection C - 6.4.9 Sanitation

Question: In regards to sanitation, doe the Government provide the equipment to maintain the air curtains and pest control?

ICE Response

1. Air curtains are Government furnished and will be repaired and/or replaced as needed.

2. The Contractor shall establish and execute a pest control program. The Contractor shall be responsible for pest control in the food service department.

The Contractor shall have any outside exterminator approved by the COR or designated ICE official before any services are rendered.

116.

Number:

C - 6.4.10 Ordering

Question: Bullet 2 States that the contractor shall only purchase items needed for detainee use. Does this mean the contractor will be responsible for food costs?

or only responsible for the management of ordering the food?

ICE Response

The Contractor shall be responsible for the ordering and purchasing of food. Please refer to the ICE Response to Question 22.

117.

Number:

C - 6.4.14 Employee Meal Purchase Program

Question: The employee meal purchase program states that employee meals will be provided for breakfast, lunch and dinner…. Is additional staffing authorized to meet the needs of the employee meal purchase program?

ICE Response

The Contractor shall be responsible for the operation and administration of the PIDC Meal Ticket Program.

118.

Number:

C - 6.4.11 Food Service

Question: Who pays for consumable supplies such as trays, sporks?

Please refer to the ICE Response to Question 22.

119.

Number:

C - 6.4.14 Staff meals

Question: The RFP states that staff meals include breakfast, lunch and dinner;

are breakfast meals going to be required in the new contract?

Yes, Breakfast, Lunch and Dinner.

120.

Number:

C - 9.10 Use of Force

Question: Are unarmed detention officers in the facility allowed to carry batons and OC spray while on duty, or are these items limited to the DCT?

ICE Response

Contractor Unarmed Detention Officers are not allowed to carry batons or OC while on duty.

121.

C - 9.10 Use of Force

Question: Are armed detention officers allowed to carry batons and OC spray while on duty within the facility, or are these items secured, along with the firearm if an armed officer enters the containment area?

ICE Response

Contractor Armed Officers will secure firearms, ammo magazines, OC Spray, and Batons prior to entering the secure area of the facility.

122.

C - 12.3 Physicals

Question: Are incumbent guard staff required to have a physical during the transition period, since the current contract did not require annual physicals or tri-annual physicals?

Question: Are incumbent guard staff required to have a drug screen during transition?

123.

C - 12.3.3 Random Drug Screening

Question: USDOT requires annual drug screens of 50% of staff; what percentage of the unarmed detention staff must be random drug screened annually?

20% of staff must be screened annually.

124.

C - 12.6 Reassignment

Question: To which facility posts may an individual who has been arrested or who is suspected of misconduct be reassigned?

ICE Response

These individuals can only be assigned to outside posts where the officer has no contact with detainees.

125.

C - 12.6 Reassignment

Question: Are traffic violations, not involving DUI, considered a re-assignable offense?

126.

C - 12.9 Tour of Duty

Question: If the contractor “plans” 10 hour shifts for transport officers, will blanket approval to exceed 8 hours be granted by COR?

The Contractor is expected to maintain adequate staffing to avoid Overtime.

127.

C - 12.9 Tour of Duty

Question: USDOT/FMCSA standards for commercial drivers operating passenger carrying vehicles allow a 15 hour “duty day” with no more than 10 hours spent “driving”. Is this standard applicable to this contract?

ICE Response

ICE does not consider this scenario applicable to the local transportation requirements as specified in the solicitation. The Contractor must comply with all applicable local, state and Federal transportation laws and regulations.

128.

Number:

C - 12.13 Uniforms & CBA

Question: This article states that uniforms shall be the same style and color; are BDU style trousers approved for use by Transport Officers, armed officers and armed Supervisors?

129.

Section/Subsection C - 12.13 Uniforms

Question: Is “outer” worn body armor (as opposed to concealed) approved for use by armed officers?

130.

C - 12.13 Uniforms

Question: Research indicates that Texas only allows a Security Company to have only one shoulder patch design. If a subcontractor is used for certain services, the subcontractor would have to use its own shoulder patch on its uniforms. Is the state requirement acceptable with contract requirements for uniform appearance?

131.

Question: The various CBAs specify quantities and items for uniforms; are the CBA requirements considered to be the “contract” requirements in terms of quantity and items to be provided?

The Government is not a party to Collective Bargaining Agreements. Therefore CBA requirements are separate from requirements under the contract.

132.

Question: Is collapsible baton preferred equipment for transport officers?

If so, what is the minimum and maximum length?

Question: Is straight baton preferred equipment for detention officers?

If so, what is the minimum and maximum length?

Question: Is the contractor required to have enough batons on hand to equip entire

Staff or only the staff on duty on the largest shift (days)?

ICE Response

1. Collapsible Baton and OC spray are the preferred equipment for transport officers.

2. Minimum 22”, Maximum 26”

3. Detention officer do not carry batons (straight or collapsible).

4. The Contractor is required to equip their armed officers with a collapsible baton and OC spray. Detention officer will only be issued a baton (straight baton) if participating in a disturbance control situation. The batons for this function should already be accounted for as part of the 30% additional DCT equipment.

133.

Section/Subsection C - 12.14 Credentials

Question: Does the contractor bear any cost for ICE credentials?

The Contractor is not issued ICE credentials. They are issued a PIV ID at no cost to the Contractor.

134.

Number:

C - 12.14.1 Business Permits and Licenses

Question: Federal Motor Carrier Safety Administration Regulations require an operator of passenger vehicles to possess an interstate operating authority if they are not domiciled in Texas? Does this requirement apply to this contract?

135.

C - 12.14.1 Business Permits and Licenses

Question: Is the contractor required to possess a “Satisfactory” Motor Carrier Safety Rating through FMCSA prior to performance of the contract and to maintain such throughout performance?

136.

C - 12.14.1 Business Permits and Licenses

Question: TxDOT requires a passenger motor carrier be licensed in the State and possess a TxDOT number. Is the contractor required to possess such under this contract prior to performance and throughout performance?

137.

C - 12.14.2 Licenses

Question: If PIDC is considered a Federal Enclave, Texas does not require security guards who do not leave federal property to possess the Texas State Guard Card; is PIDC considered a Federal Enclave?

ICE Response

Detention Officer may be redirected to perform duties outside of PIDC (ex. Hospitals, hotels, other ICE facilities) therefore they will need to possess a Texas State Guard Card.

138.

C - 13.1 Facility Post Table

Question: The RFP states that proposals must include a contractor staffing plan which identifies “each post” stated in the post table. If a contractor proposes an innovation that would eliminate the need for a post, can the contractor “list the post eliminated” and explain why it was eliminated, or are ALL of the posts listed required?

139.

Question: Paragraph C-13.1 indicates that the QC/Compliance, property, and control center posts are no longer to be staffed by union detention officers; since there is no Federal Wage Determination Code directly applicable to these positions, is the contractor free to price these positions at the current Detention Officer CBA rate with escalations for option years (to aid in recruiting for these positions and avoid disruption of services due to resignations or failure to accept the new overhead position due to perceived loss of benefits for vacation/sick leave seniority and union protections)?

ICE Response

It is the Offeror’s responsibility to determine its proposed labor rates in compliance with all applicable local, state and Federal labor laws.

140.

Question: Since there is no appropriate Federal Wage Determination Code for QC/Compliance Staff, Property or Control Center staff, is the contractor to submit a wage conformance action with the proposal to support proposed wages for these positions?

Or, will the government endorse the contractor’s wage conformance action post award if so proposed?

Please refer to the ICE Response to Question 92.

141.

Question: The Warehouse Operator post # 23 is listed as 7 day post? Is this correct?

142.

6 Part Question:

Question: There are no posts listed for Relief Officers; In the current contract, authorized breaks were either “self relieving” for all mobile/escort/transport posts, and physically relieved for all fixed/stationary posts.

Question: Is the above “relief” process still acceptable for the new contract?

Question: Is a one-half hour unpaid break per 8 hour shift the norm?

Question: How many and which posts require “physical relief”?

Question: Are overhead posts such as property, control center, and QC Compliance required to be physically relieved for lunch breaks?

Question: Or, can property, control center, QC Compliance staff practice self relief by staggering their breaks?

ICE Response

It is the responsibility of the Offeror to propose an adequate staffing plan, including relief to ensure all posts will be maintained according to the specifications of the solicitation and in accordance with all local, state and Federal labor laws.

143.

C - 13.1 Facility Post Table/C-16 Training

4 Part Question:

The RFP does not stipulate training required for “overhead” positions; the Facility Post Table section stipulates that the QC/Compliance, property and control center posts can no longer be filled by Detention Officers.

PBNDS 2011 does not quantify in terms of hours, the training required for clerical/support staff who only have minimal contact with detainees or support staff who…