HSCEE3-09-R-00005_000002.pdf

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HSCEE3-09-R-00005

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

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

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Philadelphia PA 19106 Attn: <<Enter Contract Specialist>>

ICE/FPS/EAST CCG/R3

701 Market Street, Suite 4200 Ofc of Acquisition Management - FPS Immigration and Customs Enforcement ICE/FPS/East CCG/Region 3

Philadelphia PA 19106 701 Market Street, Suite 4200

ICE/FPS/EAST CCG/R3

Office of Acquisition Management Federal Protective Service Immigration and Customs Enforcement ICE/FPS/East CCG/Region 3

05/15/2009000002

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

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

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

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

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

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

PAGE OF PAGES

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

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/15/2009

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

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

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

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

ORDER NO. IN ITEM 10A.

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

Amendment 000002 is issued to provide answers to questions received in response to the RFP.

See the attached for a list of questions and responses.

The date and time of the RFP closing date is extended until June 23, 2009, 2:30 EST.

Period of Performance: 12/01/2009 to 11/30/2014

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

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

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

Annmarie Bartholomeo

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

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

The following changes are hereby made to the Request for Proposals as a result of questions received from industry:

1. Question - On page 36 of 151, under 11.2.1 Security Guards, B. it mentions "current FPS

Basic Firearms Training." This training is under what Exhibit or how many hours does this training require? How many hours is the government administered “written exam.?

Response:

Paragraph 11.2.1 (B), the following change is made:

Remove the verbiage: “current FPS Basic firearms training” Replace with: “contractors certification of basic weapons training”, Exhibit 5E.

For informational purposes only, also note paragraph 11.4, A thru J.

Government administered written exam - Refer to Exhibit 4A (Review and Examination) – 2 hours are allocated .

2. Question - Page 13 states that the contactor is not obligated to honor any order in excess of

20% of the ceiling hours as established per ordering period in Schedule B, whereas, Page 119 states: The ceiling price as set forth in each order (and modifications thereto) shall not exceed 125% of the estimated quantities contained in the associated Post Coverage Exhibits (excluding TAS and Emergency Guard Services). There seems to be a disparity of 5 % between the two sections. Could you please clarify?

Response: Page 13, Clause 52.216-19(b)(1) and (b)(2) is changed from 20% to 25%

3. Question - This reference limits the page count of the Technical Proposal to 12 pages. We believe this is an inadequate page limit for the quantity of material requested, which includes Past Performance AND a Management Approach that includes at a minimum: (1) Break and Relief plan; (2) Supervisory Strategy; (3) Quality Control Plan and; (4) Staffing Support Plan.

Suggest increasing the page count to at least 30 pages.

Response: Page 148, the Technical Proposal limit requirement is increased from 12 pages to 15 pages.

4. Question - Please be more specific as to the types of vehicles required in Exhibit 2B.

Response: One Pick up truck, Two sedans

5. Question – What is the correct size standard for NAICS 561612?

Response: The size standard is changed to correctly reflect $18.5 million, as opposed to the $17 million reflected on the basic RFP.

The following information is provided as a result of questions posed from industry:

6. Question - Reference: Page 135, Contract Clauses, Insurance Requirements, (4) HAZARDOUS MATERIALS – Catastrophic Insurance – Occurrence Type Insurance. This requirement seems to be included in the RFP by error, as we have found no requirement for removal, transport, or disposal of asbestos and/or PCB materials. Please clarify. Response:

There is no requirement for removal, transport, or disposal of asbestos and/or PCB materials.

7. Question - In Reference to Sect. 9 (Page 34 in the RFP). It specifies that only DOL category

Guard II security guards may be utilized in the contract and all guards must be firearms qualified. In addition, in Exhibit 7, Part 03.A (page 119 in the RFP), the RFP specifies Guard II for all employees under the contract. However, Exhibit 1 (Post Hours) indicates the use of both armed and unarmed guards and the CBA (Article XXXIX, page 22 of the CBA) reflects different pay scales for armed and unarmed guards. For the unarmed posts, are guards required to be DOL classified as Guard II? Do they need to be firearms qualified?

Response: All guards required on this contract shall be classified as Guard II. In addition, all guards shall be firearms qualified whether standing post as an armed or unarmed guard. It is the contractor’s responsibility to determine the appropriate pay scale for armed and unarmed guards in accordance with the applicable Collective Bargaining Agreement.

8. Question - Are resumes for the Key Personnel to be submitted with the proposal or at time of award? If required with the proposal, do the resumes go in Volume I-Technical or in Volume II- Pricing? If the resumes are part of Volume I-Technical, do they count against the page limitation?

Response: Key Personnel resumes are to be submitted within 15 days after contract award.

9. Question - According to RFP Section 2.2 Phase-Out of Contract and Continuity of Service, Item C. (page 20), “As part of the closeout process, the Contractor shall, within 30 days of the final day of performance, turn over all incumbent officer training, medical, suitability, and security records to the successor contractor …..” Does this requirement exist on the current contract? Will the existing firearm training and certification of current officers meet the requirements of the new contract?

Response: Yes, the requirement exists on the incumbent contract.

10. Question - According to the RFP, Section 10.2 Contract Effort Required – Supervisory Hours, Item B. (page 35). If the Government determines that the supervision provided by the contractor is insufficient to effectively manage the guards and require that the contractor assigns additional supervision to the contract, will the Government modify the contract to include this change and pay for the additional costs.

Response: Additional costs incurred by the vendor to remedy insufficient supervision will not be paid for by the Government.

11. Question - Section 11.4 Weapons Training and Qualification – 9MM Cal Semi-automatic, Item

B. (page 38), states “The Contract employee must carry the same weapon, identified by its serial number, with which they qualify on the firing range.” Does this mean that the Government requires each armed guard to be assigned his/her own individual weapon?

Response: The working guard must carry the same weapon based on the serial number that he/she qualified with.

12. Question - Exhibit 2B Contractor Furnished Vehicle Requirements, Item 3. Vehicle

Requirements (page 72) describes the Day Per Week and Estimated Miles Pre Day each vehicle will be driven. Are these continuous driving miles or are they conducted randomly/scheduled (every half hour, every hour, every 2 hours, etc.)? If these are randomly/scheduled miles, will the Government provide the schedule for each vehicle?

Response: Vehicle usage will be delineated in the guards post orders.

13. Question - Is Exhibit 4 to be completed and submitted with our proposal?

Response: Not required as part of the proposal, specific exhibits under Exhibit 4 will be required after contract award and during contract performance.

14. Question - Page 148 of 151, (4) Page Limitations, under Volume I states "The cover sheet, table of contents (not to exceed one page per volume)...." Do you want the cover sheet and table of contents on one (1) page?

Response: Not required to be on the same page. Table of Contents should be no longer than one page.

15. Question - Page 153 of 151 under "Offeror Representations And Certifications-Commercial

Items (Feb 2009)" states, "An offeror shall complete only paragraph (1) of this provision if the offeror has completed the annual representations and certifications electronically........." Where is paragraph (1)?

Response: What is referred to in the question as “paragraph (1)” is actually “paragraph (l)”, found on page 161 of the RFP.

16. Question - I have one additional question regarding the Guard Services RFP (sol# HSCEE3-

09-R-00005). Are security guards self-relieving?

Response: Refer to Paragraph 8 of the Statement of Work – there are no self-relieving posts on this contract.

17. Question - How many hours of weapons transition training is adequate to transition from a 40

Cal semi automatic to a 9MM semi automatic?

Response: See paragraph 11.4 (G), “Contractor is responsible for providing adequate weapon transition training.

18. Question - Are the incumbent employees required to receive a psychological screening and reliability testing?

Response: Yes.

19. Question - Is the entire incumbent guard force firearm qualified?

Response: Yes, however, they are qualified on 40 caliber weapons, not 9 mm.

20. Question - Will Past Performance Information Forms be counted against the page count in the technical volume?

Response: No.

21. Question - The Management approach states that at a minimum among other things, a Quality Control Plan is required. A detailed quality Control Plan is lengthy. Will the government consider excluding the quality control plan from the technical volume page count limit?

Response: In accordance with Paragraph 5.1(A), a detailed Quality Control Plan is required after award. The technical volume page limit, for which a Quality Control Plan is required, is increased to 15 pages.

22. Question - Can font smaller than 12 pt. be used in graphics that are inserted to show processes or operation organization, so long as the font is legible and an imbedded part of the graphic?

Response: Yes, a minimum of 8 pt font may be used in graphics.

23. Question - Please clarify, are the 50,122 annual miles for the vehicles a cumulative amount for the fleet, or is this a per vehicle annual amount?

Response: Cumulative.

24. Question - Please confirm which Reps & Certs paragraph needs to be submitted. Is it the one that begins:“(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision…”?

Response: If not using completing representations and certifications electronically, the instructions under FAR 52.212-3 apply (Page 153 of the RFP).

25. Question - Will there be a CLIN worksheet provided, or will offerors provide prices on pages 2- 11 of the SF 1449?

Response: Provide prices on the 1449 (as per page 148 of the RFP).

26. Question - The CBA expires (Nov., 30, 2009) prior to the planned start date (Dec., 1, 2009) of the contract. Because of this, should offers use the existing rates as the basis for their price proposals, or will an amendment to the CBA be issued for inclusion in the bid/RFP, or will the government direct offerors to the appropriate Wage Determination?

Response: The wages and fringe benefits in Department of Labor CBA wage determination #CBA-2009-2713, Collective Bargaining Agreement between BSA/LB&B and the United Union of Security Guards, are to be used as the basis for pricing for the base and all option periods.

27. Question - The CBA expires (Nov., 30, 2009) prior to the planned start date (Dec., 1, 2009) of the contract. Because of this, if the existing CBA is used as the basis for the bid, will a contract modification be issued to support the new (succeeding) CBA, as well as an equitable price adjustment – preferably prior to the performance date? The rates in the current CBA/WD are applicable until such time as a revised wage determination into the contract. If a revised wage determination is incorporated into the new contract, the contractor would be entitled to a price adjustment in accordance 29 CFR Part 4 Labor Standards for Federal Service Contracts

Response; The wages and fringe benefits in Department of Labor CBA wage determination # CBA-2009-2713, Collective Bargaining Agreement between BSA/LB&B and the United Union of Security Guards are applicable until such time as a revised wage determination is incorporated into the contract. In accordance with FAR clause 52.222-43, Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts) the contractor may be entitled to a price adjustment when a new wage determination is incorporated into the contract. See 29 CFR Part 4 for details.

END OF AMENDMENT 000002