ICE_Responses_to_Final_RFP_Questions_A-3_ DC .pdf

ICE Responses to RFP Questions HSCEDM-15-R-00008

ICE Solicitation HSCEDM-15-R-00008

Amendment 3 - ICE Response to Final RFP Questions

Notes:

Questions have been addressed and arranged in the order for which they were received. Only questions received by the time specified in the solicitation at Section L.7

“Questions or Clarifications” shall be addressed. ICE Responses to Offeror questions appear in red font.

1.

Solicitation Section/Subsection Number: Attachment 3 – Pricing

Question: CLIN 0009 and 0010 were added in Amendment 0002 to provide for cost reimbursement to the metropolitan region and for approved local transportation. In addition to the cost of the actual tickets or fares, the contractor will incur cost to arrange and handle these tasks. Would you please confirm that the contractor may add G&A to the actual amount of the ticket/fare costs? If so, should bidders include a proposed G&A rate in its price proposal?

ICE Response (For ICE use only)

No G&A shall be added to the Transportation CLINs. Any G&A costs shall be allocated to the tiered enrollment CLINs.

2.

Question: The price table for the Extension period lists the unit and quantity as 6 months. However, the actual period of performance covers only five months (September 1, 2020 – February 1, 2021). It appears that the correct end date would be February 28, 2021. Would the government please clarify the correct dates of the extension period?

The periods of performance for CLINs 5001- 5010 in Section B and Attachment 3 shall be revised in a forthcoming amendment.

Solicitation Section/Subsection Number:

Section I – 52.2.16-19 Order Limitations

3.

Question: This section states that the Government is not obligated to purchase services in an amount of less than one Head of Household. This would appear to imply that if the Government elects to enroll no one in the program (zero Heads of Households), then it is not obligated to pay the contractor. This seems unreasonable, since the contractor will have incurred considerable cost to set up the program (office cost, hiring, and staffing).

If the CLIN for 0-40 Heads of Household is not in fact guaranteed, even in the event that the Government opts to enroll zero HOHs, then this would create a significant financial risk to the contractor. Can the Government please clarify the intent of this section?

Pursuant to FAR 16.504(a)(1), the Government must order a minimum quantity.

The minimum quantity is established in accordance with FAR 16.504(a). For clarification purposes, ICE shall revise the CLIN Descriptions for CLINs 0001, 1001, 2001, 3001, 4001 and 5001 from “0-40 Heads of Household (HoH)” to “1-40 Heads of Household (HoH)” in a forthcoming amendment. Section I (clause 52.216-19[a]) and Attachment 3 shall also be revised in a forthcoming amendment to clarify that the IDIQ minimum quantity or guarantee is equal to the 1-40 Heads of Household (HoH) CLIN for the respective contract year. This clarification shall supersede any information provided in the Amendment 1 ICE Response to RFP Questions related to minimum quantities or proposed minimum guarantees.

4.

Solicitation Section/Subsection Number: Section C.1

Question: This section states that the purpose of the program is to provide monitoring services for certain family units. Can the Government please further describe the typical composition of the family units participating in the program?

For instance, does the Government anticipate that the families it recommends for enrollment will typically consist of just a mother and her child(ren)? A father and his child(ren)? Entire families (mother, father and children)? A combination of these family configurations?

A family unit, for the purposes of this effort, is defined as one or more adult alien parent(s) and/or legal guardian(s) accompanied by their own minor child(ren).

5.

Question: Section C.6.7 indicates that the CLIN for Approved Local Transportation may be used, when approved by ICE, to pay for transportation required to “meet appearance and reporting obligations related to their immigration cases (e.g.

Immigration Court appearances and ICE check-in appointments).”

Section C.6.9 says that “Grounds for possible program termination include noncompliance with: immigration obligations (e.g., ERO appointments and immigration court hearings); Contractor in-person and telephonic check-ins; and Contractor arranged services (e.g., counseling sessions, medical appointments, etc.).”

Since indigent families may need travel assistance to be able to comply with Contractor arranged services such as medical appointments, will ICE allow the use of this CLIN for transportation of an indigent family unit for purposes related to Contractor-arranged services but not directly related to the family’s immigration case?

ICE Response

(For ICE use only)

This CLIN may not be used for reimbursement of transportation to participate in Contractor arranged services. It will be incumbent upon the Contractor to communicate to ICE that the lack of participation in Contractor arranged services is due to insufficient participant funds and not purposeful non-compliance.

6.

Solicitation Section/Subsection Number: Attachment 3 – Pricing/SOW C.6.9

Question: If a family cannot afford transportation to comply with Contractor-arranged services and the CLIN for Approved Local Transportation cannot be used to assist indigent family units in complying with these services, it is likely that some families will be unable to maintain program compliance.

Can the Government please clarify whether a family that cannot comply with program requirements as a result of indigence should be recommended for termination for noncompliance?

See the ICE response to Question 5. Moreover, ICE will review all instances of program non-compliance by accounting for the totality of the circumstances, and indigence as an impediment to participation in Contractor arranged services would be a key consideration when ICE assesses participant compliance.

Solicitation Section/Subsection Number: L.6, 5) Past Performance (Factor 5)

7.

Question: In its proposal instructions, the Government states that “Offerors and prospective major Subcontractors…shall provide contact information for at least three (3) but not more than five (5) contracts for same or similar services.” Does this mean that both the Offeror and major Subcontractor(s) must individually provide at least three (3) but no more than (5) past performance contracts each?

ICE Response

Yes.

8.

Solicitation Section/Subsection Number: Government-issued Q&A

Question: In its response to Question 19 in the Q&A in Amendment 1, the Government indicated that it will provide the contractor with an enrollment form for participant families. Among other items, this form will include “Supervision levels and ICE check-in requirements.”

Varying supervision levels and ICE check-in requirements would have a great impact on the contractor’s planned staffing levels, as mandated check-ins can consume significant staff time. For example, if enrolled families are required to have a check-in an average of once weekly this would require a very different staffing level than if families are required, on average, to check in monthly or bi-monthly.

It would therefore be critical for any contractor to understand the supervision levels and ICE check-in requirements ICE anticipates requiring for families in this program in order to create a realistic and reasonable staffing plan. Given this, could the Government please clarify the supervision levels and ICE check-in requirements it anticipates will be prescribed by the Government for families in this program?

ICE Response (For ICE use only)

Supervision levels and the frequency of ERO check-in appointments will be the result of individualized assessments and tailored to the needs and background of each Head of Household and their family members.

9.

HSCEDM-15-R-00008

Attachment 2

Question: May Offerors submit Past Performance Questionnaires from grants or cooperative agreements in addition to or in place of contracts?

Past Performance Questionnaires (Attachment 2) are to be utilized “for recent previous projects of similar size and scope that the Offeror has performed as a prime Contractor.” The solicitation Section L.6.5 instructs Offerors to “…expand on any relevant past projects through a narrative included within the Volume II Past Performance proposal.” Testimonials regarding other instances of relevant past performance may be included in the Volume II narrative.

10.

HSCEDM-15-R-00008 [DC]

Attachment 3

Question: Will CLINs end on the last day of a fiscal year, even if they started midway through the fiscal year, or will they continue for 12 months and span fiscal years?

Please refer to Section B for the relevant CLIN periods of performance.

11.

HSCEDM-15-R-00008 [DC]

Attachment 3

Question: If CLINs end on the last day of the fiscal year, will CLINs for that number and lower be automatically reissued? For example, for CLIN 0002 which covers 41-80 Heads of Household, will ICE automatically release both CLIN 0001 and CLIN 0002 at the beginning of the following fiscal year?

Please see the ICE response to Question 10.

12.

HSCEDM-15-R-00008 [DC]

Section I, 52.216-18; 52.216-19;

52.216-22; Attachment 3

Question: Increases in task orders from 40 to 300 will require significantly higher staffing levels and associated office infrastructure. How quickly will new task orders be issued?

How much advance communication will ICE provide to the Contractor regarding increases in the number of Program Participants? Should Offerors prepare costs for abrupt changes in the number of Program Participants (upward or downward)?

Only one Task Order shall be issued for each year of service. Task Order modifications will be issued in a timely manner as required to authorize and fund enrollment levels at the higher tiered CLINs (i.e., above the guaranteed minimum).

With respect to ICE providing advance communication to the Contractor on increases in the number of program participants, the decision to enroll family participants is exclusively an ICE discretionary function but will be informed to the extent practicable by the screening information from the Contractor (see C.6.1 at bullet 1, sub-bullet 1). Therefore, prior to any enrollments, the Contractor will become aware of the family units under consideration when ICE reaches out to the Contractor to conduct initial screening (see C.6.1 at bullet 1). The pace of enrollments will be set by the operational needs of ICE.

13.

Solicitation Section/Subsection Number: C.4

Question: In the response to the first set of questions, the Chicago place of performance was defined and is different from the Chicago Field Office Area of Responsibility. Please define the place of performance for Washington, DC.

ICE Response (For ICE use only)

This question was addressed in the ICE Responses to RFP Questions posted in Amendment 1 to this solicitation. ICE has further reviewed Section C.4 of the solicitation and the first round of RFP Questions. ICE is unable to identify any errors in the solicitation Section C.4 Place of Performance, or the ICE Responses to RFP Questions posted in Amendment 1. Please see the ICE Responses to RFP Questions posted in Amendment 1 to this solicitation.

14.

Solicitation Section/Subsection Number: C.6, Item 1

Question: Is it the agency’s intention to require all family members to telephonically report to the contractor, or will only the Head of Household perform telephonic check-ins?

ICE Response

This requirement will be for Heads of Households only.

15.

Question: May offerors include automated, biometric telephonic reporting to supplement in-person contacts with participant families?

No. The Contractor is required to conduct in-person visits; non-biometric telephonic reporting may be utilized as needed to supplement in-person reporting.

16.

Question: Are office visits required, or may in-person interviews/check-ins occur in the field?

ICE Response

In-person interviews/check-ins may occur in the field.

17.

Solicitation Section/Subsection Number: C.6, Item 2

Question: Please confirm that contractors may use contract funds to support “Know Your Rights” requirements.

Contract funds may be used to inform program participants of their legal rights, responsibilities, and obligations, which can be accomplished, in part, by proactively seeking partnerships with local legal organizations to arrange “Know Your Rights” presentations and other basic forms of legal information exchanges. However, no contract funds shall be used to pay for direct legal representation.

18.

Solicitation Section/Subsection Number: C.6, Item 6

Question: If participants are allowed into multipurpose facilities, are there any restrictions relative to the services and types of populations also using these facilities?

As stated in C.6, Item 6, housing options must comply with all local, state, and federal housing regulations and offer secure, separate spaces for family units.

When housing options being contemplated involve multipurpose facilities that place program participants in close proximity to non-program residents or non-program activities (e.g., commercial spaces), the Contractor is expected to be especially cognizant of the “secure, separate spaces” requirement. No contract funds shall be used to pay for housing.

19.

Solicitation Section/Subsection Number: C.6, Item 13

Question: Please confirm that contractors may utilize bilingual staff and/or a contracted translator service in lieu of dedicated translators.

ICE Response (For ICE use only)

The SOO requires access to professional translators or bilingual staff. There is no requirement they be dedicated translators.

20.

Solicitation Section/Subsection Number: F.5

Question: Contract extensions/non-extensions may require extensions or terminations of property leases. Our experience has been that landlords are not amenable to short notice periods. Will the Government consider changing this provision so that written notice occurs 30 days before the contract expires and preliminary written notice occurs 60 days before the contract expires?

No. The notice periods stated in Clause 52.217-9 are consistent with other ICE contracts.

21.

Solicitation Section/Subsection Number: H.5

Question: May evidence of a continuing Authority to Operate (ATO) received by a contractor from ICE for [another unrelated] Program be submitted in response to this requirement in lieu of the items outlined?

No.

22.

Solicitation Section/Subsection Number: H.6

Question: How long after the contract ends must the Contractor retain documents?

The retention period is seven (7) years. The retention period shall begin at the end of the calendar year for which the services officially terminate (i.e., the end of the contract period of performance) and shall continue for seven (7) years thereafter.

23.

Solicitation Section/Subsection Number: L.4, Item 2

Question: We understand offerors will provide past performance questionnaires within Volume II. Does the agency also require offerors to provide originally signed questionnaires via hard copy?

ICE Response

Signed .pdf soft copies are required. Hard copies are not required.

24.

Solicitation Section/Subsection Number: L.6, Item 4

Question: Within Volume I, are offerors required to list all enclosures included within all three Volumes of proposal submission or only enclosures in Volume I?

Offerors are required to identify all enclosures within Volume I as per Section L.6.4.

Offerors are encouraged to identify enclosures in Volumes II and III.

Solicitation Section/Subsection Number: L.6, Item 4

25.

Question: Is there a minimum amount of time required in the key personnel Letters of Commitment?

ICE Response (For ICE use only)

Commitment letters shall remain valid in accordance with the proposal validity period stated at Section L.6.4.