Amendment_07_HSCEDM-17-R-00002_Government_Responses.pdf

Amendment 0006 HSCEDM-17-R-00002 - Government Responses

Government Question Number Question Category Question Response

1 Contract

Question 130/131: Will the government authorize a base year adjustment for vacation hours since it has chosen not to provide a name-redacted seniority list to enable contractors to accurately compute employee seniority for CBA authorized vacation hours? (The FAR clause does not prohibit an earlier release of a name redacted seniority list, it only states (to paraphrase) that a list of employees eligible for carry over shall be provided to the new contractor upon contract award.) In the 2015 RFP process a list was provided.

No, the Government will not authorize a contract price adjustment. A current version of the Employee Seniority list is unavailable, as the incumbent contractor is not yet required to provide the list to the Government in accordance with Executive Order 13495, “Nondisplacement of Qualified Workers Under Service Contracts” and FAR 22.1020.

2 Contract One other note, the page limit for the subcontracting plan was listed as 5 pages; the “template” itself is a little over 4 pages without the data filled in. Can this page limit either be removed or at least expanded to 10 pages? The page limit for the Subcontracting Plan will not be expanded.

3 K 82 Contract FAR 52.212-3 -- Offeror Representations and Certifications. The paragraph states that only paragraph (b) has to be completed in this part of Section K. Is this correct? Yes this is acceptable.

4 K 82 Contract

The RFP did not indicate in which volume to insert Section. Can ICE provide this information? The interested vendor shall provide the Section K submittal in Volume 6.

5 L 106 Contract The RFP did not indicate in which volume to insert the cover letter; can ICE provide this information? The interested vendor shall provide the Section K submittal in Volume 6.

The Section B Supplement and the Contract Value Tab both call for totals to be given for Base and Option Years (Section B Supp) and the entire contract (value tab).

I note that in providing the totals, that both the value of contractor vehicle miles and government vehicle miles are added together, thus inflating the actual price and value.

Could I suggest offerors be told by amendment to add another “total” line in Section B Supplement under each period of performance and retitle one total “Contractor Vehicles” and other Total Line “government vehicles”? And on the Contract Value tab do two charts, one for contractor vehicles and the other for government vehicles?

The Government has provided all interested parties all relevant information that it currently has at its disposal. The June 2015 Sampling, provided in Solicitation Attachments 0002 and 0003, represents the Government’s best estimate of the solicited requirement. The Sampling was compiled by an Independent Study Group, with the assistance of several representatives of the San Antonio Area of Responsibility, over a period of several months. More detailed historical information is not available for the current contract, as each San Antonio field office submits Government Transportation Service Requests in a different format, making it nearly impossible to compile in a usable format.

8 Contract

Attachment 2’s second entry lists a trip from PIDC to Brownsville AP a distance of 28 miles one way (google) that takes 42 minutes (google). It lists 71 monthly trips and 551 hours and 4,246 miles. 71 x 2.66 hours (including 2 hours wait time) x 2 for 2 drivers) = 378 hours and 71 x 28 miles = 1,988 miles. Can the government explain the difference in the hours and miles computation above and the data listed on Attachment 2 for this trip?

The current historical data provided in this attachment includes trip time and mileage from the destination back to hub facility where it stands now.

However, please note that the PWS has been updated from the awarded contract. Please see RFP PWS Section 1.6.2 page 6. To reiterate the Question 79 Government Response, the requirements have changed from the historical data provided. Specifically, the current solicitation, HSCEDM-17-R-00002, includes a revised Performance Work Statement, (PWS), which states that, “Billable mileage begins at the detainee pick-up location and ends at the detainee drop-off point. Mileage to and from vendor’s depot will not be invoiced.” This is a change from the prior PWS.

With no guaranteed miles, a contractor has to compute their costs based on the government data provided, “as if” the contractor would actually do 3.5M miles per year; and then use 3.5M miles as the divisor for expenses to derive the per mile rate. This will result in a higher price to the government, as the trip charts for 2015 indicate only 2.9M miles were done. If a contractor has a total cost of 29M a year and he divides by 2.9M miles, the cost per mile is $10.00. If the contractor has a total cost $29M per year and divides by 3.5M, the cost per mile is only $8.28 per mile—HOWEVER the contractor will NOT recover his total cost of $29M unless miles is at least 3.5M. If the contractor then uses the 2.9M mile price of $10.00 a mile and multiplies this by the government estimate per year of 3.5M miles, the cost to the government would be $35M instead of $29M.To avoid this, and due to the history of this contract, and the data presented by the government, will the government consider guaranteeing at least 2 Million miles which would enable the contractor to recover all costs in the first 2M miles and then charge a lesser rate for anything over 2M miles?

The Contractor is to propose in accordance with the instructions in the RFP. It is the Government’s intention to award a single award Indefinite Delivery Requirements type contract. To provide additional Government Clarification to this response, guaranteeing at least 2 million miles poses two problems: 1) It may not accurately reflect the Government’s minimum annual requirements, and 2) may create unbalanced pricing, which, in accordance with, FAR 15.404-1(g)(1), may increase performance risk and could result in payment of unreasonably high prices. The possibility of the Government paying a significantly higher amount for the first 2 million miles as the miles ordered after the minimum guarantee of 2 million miles is not in the Government’s best interest. In order to be eligible for award, per FAR 15.404-1(a)(1), the Contracting Officer is responsible for ensuring reasonableness of the offered price, and the Contracting Officer has concluded that this approach would not provide the Government with a fair and reasonable awarded price. This was an adequate strategy decision.

10 Contract

For the CLINs for “Using Contractor and Government Furnished Vehicles” do we assume that all of the vehicles provided on Attachment #13 -- Government Furnished Vehicles are to be utilized for the Transportation Services for this contract and the remaining vehicles needed to provide services would be contractor owned vehicles. Yes that is correct.

11 Contract If not, what percentage of Government Furnished Vehicles do we assume will be utilized for a pricing estimate, 50%, 75% etc. Please see response to Question #11.

12 Contract Since a Seniority List is not being provided until contract award, does ICE expect that we base our pricing on all positions being considered as new hires and that the progression of sick time and vacation time will be calculated as a new hire. The manner in which offerors price their respective offers is a business decision.

The RFP states: “Each Offeror shall submit a complete Staffing Plan, to include resumes of Key Personnel, and the Contractor proposed policies and procedures manual for all positions included in the Staffing Plan.”

The Government answer to Question 75 stated, “The Contractor shall propose its Transportation Post Orders.”

a). Please clarify the requirement to provide “policies and procedures” in Subfactor 1, Staffing Plan and the answer to Question 75. Is the Government asking for “Post Orders” for all proposed positions to be included in the Staffing Plan?

14 Contract b). Detailed policies and procedures (or Post Orders) will require a large portion of the 40 pages allocated for all of Factor 2. Will the Government allow offerors to submit this document as an attachment that is excluded from the page count? Post Orders shall be included in Volume 2. The Page Limit for Volume 2 remains at 40 pages.

15 Contract Have the answers been provided? If so, where can I go to see them?

Official Government responses to all Vendor Questions during the Question and Answer portion of the solicitation can be found in the Amendment 0003 attachments.

16 Contract Would you perhaps know of a company that is capable of providing services compliant with the software telematics component of the RFP? If so, could you possibly provide their company details? The Government will not provide the Offerors with any company details of different telematic components.

The Solicitation does not disclose the Agency’s best evidence of its minimum requirements so that all offerors can compete on an intelligent and relatively equal basis.

The Government understands that all of the Offeror's prices will be inflated from the actual price of what will be a possible five year period of performance. It is the Government's intent to provide an apples to apples comparison of all of the interested vendors' overall price. For the purposes of this solicitation, the Government will not compare and evaluate the Offeror's Price using the individual prices of the Transportation Services Using Contractor Owned Vehicles CLINs and the Transportation Services Using Contractor and Government Owned Vehicles CLINs. The Government is evaluating the Offeror's proposal based off of the langauge found in RFP Section M. All Offerors are reminded of the relative order of importance of factors found in the RFP Section M.2.7.

Yes the Government is asking for the Contractor's proposed Standards Operation and Procedures for all positions included in the proposed Staffing Plan.

RFP Reference / Section / Page Number

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