HSCEEC08R00003Amend03.doc

1. CONTRACT ID CODE

PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Federal Protective Service

701 Market Street, Suite 400

Philadelphia, PA 19106

Attn: J. Clemens, (215) 521-2255, josh.clemens@dhs.gov

8. NAME AND ADD

RESS OF CONTRACTOR (No., street, county, State, and ZIP Code)

HSCEEC-08-R-00003

9B. DATED (SEE ITEM 11)

January 25, 2008

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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 Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; of (c) By separate letter of 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.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

IN ITEM 10A.

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

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

See Page 2

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.

(Signature of person authorized to sign)

(Signature of Contracting Officer)

NSN 7540-01-152-8070

STANDARD FROM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE

Prescribed by GSA

FAR (48 DFR) 53.243

Note: To allow the Government time to answer all questions before the closing date, a cut-off date of Thursday, February 14, 2008 is hereby established for receipt of all offerors’ questions.

A. CLIN 0084, CLIN 0284, 0484, 0684, 0884 and Attachment III for Winneshiek County is hereby corrected to read the zip code “52101”

B. CLIN 0146. 0346, 0546, 0746 and 0946 and Winneshiek for Scottsbluff county is hereby corrected to read “69361”.

C. The requirement for nightvision goggles in Exhibit 2D is hereby deleted in its entirety.

D.

The following questions are hereby provided for informational purposes only:

1) Could we possibly have the State(s) where the counties are located? Some counties name are in two or more states, like, JacksonCounty, Douglas County, etc.

Answer: The zip code for each location is provided in the Attachments. If a zip code is in two or more states, please advise.

2) Line (CLIN) 84 has zip code of: 521001 This is one too many numbers, what is the correct Zip Code.

Answer: See paragraph A of this amendment.

3) Line 5, (CLIN) 0146 has zip code of 69631 - is this correct?

Answer: See paragraph B of this amendment.

4) Which CBA and wage determination goes with each location?

Answer: The zip code for each location is provided in the Attachments, offerors should be able to ascertain which CBA or wage determination goes with each location. If there is a specific location that you have a question about, please advise.

5) I have a clarification question to ask. The instructions to offerors state, “The offeror shall demonstrate relevant corporate experience. Relevant corporate experience is experience (within the past five years) that is of the same or similar scope (i.e. security guard services), of the same or similar magnitude (i.e. providing approximately 900,000 hours of armed guard services during a single year)…” The section goes on to state, “For magnitude only, the references may be evaluated in the aggregate per year (they must run simultaneously so that the firm demonstrates is has provided the approximate 900,000 hours during a single year) in order to allow offerors who may not have the entire magnitude of the requirement under one individual contract to still be considered having relevant corporate experience if corporate experience with the full magnitude of the requirement can be demonstrated within the allotted number of references as described above.”

My question is this, do references have to show 900,000 hours of armed only services, or can references that show management of 900,000 hours of a mix of armed and unarmed services be used?

Answer: Solicitation is clear on its face- “(i.e. providing approximately 900,000 hours of armed (emphasis added) guard services during a single year)”.

6) So we may properly cost our proposal, could we have the State where the Counties are located in all the Posts or could we know the applicable CBA or Wage Determination for each posts?

Answer: The zip code is provided in the Attachments, offerors should be able to ascertain which CBA or wage determination goes with each location. If there is a specific location that you have a question about, please advise.

7) In reviewing the CBAs and Wage Determinations, we have found the need for government clarification regarding the county names referenced in Attachments 1, 2, & 3. First, there are several counties with names that are found in more than one state, e.g. there is a Lincoln County in Nebraska, Kansas and Missouri. This redundancy makes it impossible to determine the proper wages. Second, there is a Gage county listed in Attachment 3, and no corresponding Wage Determination or CBA from which to obtain current rates.

Answer: The zip code is provided in the Attachments. If a zip code is in two or more states, please advise. Gage county is listed in Wage Determination 05-2325 (Rev. 4) 8) Reference Attachments 1, 2 & 3. Please specify the corresponding Collective Bargaining Agreement (CBA) or SCA Wage Determination that corresponds to each county, as several county names are found in more than one state, and some of the CBAs are vague in regards to their coverage areas.

Answer: The zip code is provided in the Attachments, offerors should be able to ascertain which CBA or wage determination goes with each location. If there is a specific location that you have a question about, please advise.

9) Reference Schedule of Services and Prices and Attachments 1, 2 & 3. Please explain the difference between the Total Annual Hours found on the attachments and the Maximum Qty hours shown on the Schedule of Services.

Answer: This is an indefinite delivery, indefinite quantity type contract. The coverage in the attachments is the government’s requirements currently; however, the post coverage will undoubtedly change over the duration of the contract.

10) Reference Statement of Work (SOW) p.28 and the Schedule of Services and Prices. The SOW provides for a 60-day phase-in period prior to the initial start of performance, yet there are no CLINS in the Schedule of Services to express the cost associated with the period. Would the government consider adding additional CLIN(s) to the schedule, or provide instructions as to how to express this cost?

Answer: No additional CLINS will be added. The costs associated with the phase-in period shall be factored into the existing CLINS in the schedule and not separately priced.

11) Reference CBAs, is it possible to receive the number of employees that are covered under the bargaining agreement by years of seniority? This number impacts pricing benefits; for example, the amount of vacation time required.

Answer: Seniority lists will be provided in accordance with FAR 22.1020.

12) Refer to section III Proposal Content, item © Socio-Economic Plan, page 73 – The offeror shall provide targets, expressed as dollars and percentages of total contract value, for small business, small disadvantaged business, women-owned small business, historically black colleges or universities and minority institutions, veteran-owned small businesses, service-disabled veteran-owned small business, service-disabled veteran-owned small business and HUBZone small businesses in any of the North American Industry Classification System (NAICS) Major Groups as determined by the Department of Commerce.

Question: The Socio-Economic Plan as required in Volume I – Technical Proposal, and the Small Business Subcontracting Plan as required in Volume II – Price are very similar in content. Is it the government’s intent to require both?; and if so, please clarify the small business subcontracting plan and what is required.

Answer: Please refer to Amendment 02, Question 9.

13) After reading Amendment 2 again, question 18 specifically, I am shocked that you are refusing to identify which locations match to which CBA/wage determination. How is it a security problem to make a simple identification? Your CBA's do not have zip codes included. Please provide the information.

Answer: The answer to question 18 is hereby revised to read: The zip code is provided in the Attachments, offerors should be able to ascertain which CBA or wage determination goes with each location. If there is a specific location that you have a question about, please advise.

14) Please confirm that bidder is to submit the completed proposal via mail to the following address: 701 Market Street, Suite 4200, Philadelphia, PA 19106.

Answer: Correct. Also, note that electronic or fax submissions are not authorized.

15) Will FPS allow an opportunity to negotiate the Terms and Conditions provided in the RFP?

Answer: No. Per the RFP: “The completion and submission of the above items will constitute an offer (proposal) and will be considered the offeror’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits hereto. An objection to any of the terms and conditions of the solicitation will constitute a deficiency.”

16) Exhibits, Exhibit 2D Contractor Furnished Supplementary Equipment Requirements (page 8): Can FPS provide the number of buildings per site that will require Night Vision Portable Goggles?

Answer: See paragraph C of this amendment.

17) Please describe what FPS will require regarding payment of accrued benefits such as vacation, sick and personal time to incumbent personnel selected to continue duty but now employed with a new service provider.

Answer: Any contingencies must be factored into the offeror’s proposed fixed hourly rate.

18) In accordance with FAR 22.1020, will offerors be provided an opportunity for an equitable adjustment to factor vacation costs that were not visible to bidders during the solicitation and not included in proposed rates? This has tremendous risk to bidders who are unaware of the existing workforce’s accruals, and gives a financial advantage to the incumbent provider.

Answer: FAR 22.1020 does not provide an opportunity for an equitable adjustment based on the scenario presented above.

19) Refer to Region6RFP.doc - Schedule of Services and Prices, pages 3 through 22, and Attachments 1 though 3 – Productive Requirements including Post Hours and Location.

Question: The maximum quantity hours for each CLIN on the Schedule of Services and Prices do not match the total annual hours listed by corresponding zip code on Attachments 1 through 3; are these two amounts intended to be different?

Answer: See answer to question #9 of this amendment.

20) Refer to Attachments 1 through 3 - Productive Requirements including Post Hours and Location.

Question: The total annual hours appear to be factored on Fiscal Year 2008 (366 days in the year/252 Weekdays) instead of Fiscal Year 2009 (365 days in the year/251 Weekdays) in accordance with the effective dates of October 1, 2008 through September 30, 2009; is this the government’s intent?

Answer: This does not matter as the maximum quantities in the schedule take fluctuations into consideration.

21) Exhibit 4F, Contractor-Provided Annual Weapons Refresher Training and Qualifications, Page 50: “The Contractor must present and certify eight (8) hours of annual baton and/or OC Spray (as appropriate) refresher training” and “but under no circumstances shall the instructor provide less than 40 hours of training.” Is the Contractor responsible for eight (8) hours of baton/OC Spray training and thirty-two (32) hours of annual firearms training and qualification? If so, is there a requirement for the number of rounds that are to be fired, per guard for this firearms refresher training as there is for initial firearms training (Exhibit 4E, Page 37)?

Answer: Yes, the contractor is responsible. OC Spray is removed from the training requirements. No, there is no specific number of rounds to be fired per guard for firearms refresher training.

22) Exhibit 3A indicates that the government will provide 171 handy-talkie unites with their chargers, base stations, batteries and carrying cases. Exhibit 2D indicates that the contractor must provide 1 cell phone per officer. Is it the government’s intent that each post have a handy-talkie (government furnished) and that each officer have a cell phone (contractor furnished)?

Answer: Some locations a government phone is available for the post. FPS will provide 171 radios, but the radios are not operational in certain areas. FPS has two cell phones available for official use only for two locations. The contractor will be responsible for a cell phone for each guard as per Exhibit 2D

23) Exhibit 2D indicated that the contractor must provide 2 night vision instruments per building. Is it safe to assume that each zip code listing in Attachments 1,2&3 represents one building? In which case there are 125 buildings, requiring 250 night vision instruments? Is it the government’s intent that we provide 250 night vision instruments. Follow-on questions, why would the government require the contractor to provide night vision instruments at buildings that are closed after dark?

Answer: Night vision instruments – portable goggles is being removed from the requirement. See paragraph C of this amendment.

24) Exhibit 2B lists only 1 automobile to be provided by the contractor in the table in Paragraph 2, however is Paragraph 4, sub paragraph 2 there is a description for a small sport utility type vehicle. Please clarify whether the government requires the contractor to provide 1 automobile and 1 sport utility vehicle or whether there is a requirement for one single vehicle.

Answer: There are two locations that require vehicles, one location requires an automobile as per Exhibit 2B item #3, and the other location requires the SUV or sedan per Exhibit 2B item #4

25) Reference Attachments 1, 2 & 3 and the Statement of Work (SOW). The footnotes of Attachments 1, 2 & 3 reference relief periods, 'where indicated'. Please clarify if all county sites are subject to relief, i.e. another non-roving guard must cover the relief period, or just the sites that explicitly indicated (63132, 63103, 64131 & 64106).

Answer: The locations indicated require the contractor to provide relief for the multiple guards at those locations, but not a non-roving productive guard or roving productive guard. At locations where it is a single post, would be self relief.

26) Reference Attachment IV-List of Exhibits. Would the government consider providing respondents with an estimated number of vehicles required in performance of the contract? This quantity is necessary to properly express contract costs. Otherwise, a CLIN for vehicles would be obligatory if the quantity cannot be made available.

Answer: There are two locations that require vehicles, one location requires an automobile as per Exhibit 2B item #3, and the other location requires the SUV or sedan per Exhibit 2B item #4

27) Reference Attachment IV-Exhibit 2C. Several of the Uniform Components show an asterisk(*) next to the Description/Color listing, but there is no indication as to what the asterisk represents. Please provide information on the meaning of the asterisk.

Answer: The asterisk indicates the color of the item should be the same color as where the asterisk is indicated on the trousers.

28) Reference SOW Section 18.1 – Background Investigations. Paragraph G indicates that the contractor is responsible for all costs associated with obtaining and renewing security clearances for its employees, yet there is no explicit listing of the number or level of clearances required. Section 18.2, paragraph B directs respondents to Section J, Exhibit 6C, which is understood to be Attachment IV. Attachment IV, Exhibit 6C provides no detail on clearance requirements other than referring to Exhibit 1, which was not provided. Please provide detail on the number and level of clearances required for contract performance.

Reference Para. 10.3, A., p. 38, “The Contractor shall be required to maintain, at all times, an on-call reserve force.” What is the required time frame for the response of the on-call reserve force?

Answer: All guards are required to have a DHS background investigation as indicated in paragraph F., the cost would be for the drug testing and medical examination requirement as indicated in Paragraph F. Exhibit 1A indicates the forms required for the background investigation. The required time frame for response is unpredictable.

29) Refer to Attachments 1, 2, and 3 – Productive Requirements including Post Hours and Location – On the last page of each attachment under Notes, the notes refer to contractor requirements for relief periods.

Question: Please confirm all full-time productive guards working a minimum 8-hour shift and productive guards working a minimum 6-hour shift are entitled to a 30-minute paid lunch break.

Answer: Paid lunch breaks are indicated on Attachments 1, 2 & 3. Since the guard at other locations are considered to be on duty, there is no lunch break indicated paid or not paid.

30) 11.2-1 Security Guards B. “One-time only” courses are defined as courses that, if the employee successfully completes, do not have to be taken again during the Contract term. One-time only courses are (1) basic training; (2) FPS “orientation” training; (3) current FPS Basic Firearms Training; and, (4) the written exam.

11.4 Weapons Training and Qualification A. The Contractor is responsible for providing forty (40) hours of weapons training prior to sending the Contract employees to a firing range for the initial range qualification test session. Of the forty hours, twenty-four (24) hours will be actual training/shooting time on a firing range.

F. Any Contract employee who has successfully completed a 40 hour firearms course under a predecessor FPS Contract may be exempted from the 40 hours of firearms training, provided the Contractor can furnish adequate proof.

11.4-1 Annual Firearms Re-Qualification A. The Contractor shall ensure that all Contract employees receive the training or range time necessary to successfully re-qualify on the practical firearms course annually.

Question:

Exhibit 4F (Annual Weapons Refresher Training/Qualifications) states the contractor shall provide training and qualifications as per the firearms course in Exhibit 4E, but also states that "....under no circumstances shall the Instructor provide less than 40 hours of training." Exhibit 4E states contractor shall provide 8 hours of classroom training and 32 hours of live fire training and familiarization to all security guards. This is inconsistent with 11.4, as mentioned above which calls for 24 hours.

As per 11.4-1, what is the "range time necessary" for annual firearms qualification if the security guard has already qualified with the FPS basic firearms training per 11.2-1 and is exempt from the 40-hour course per 11.4 F?

Answer: If the weapon is not the same as under the incumbent contract, the guard would not be exempt from the 40 hour course. The security guards would be required to qualify with the new weapon and the time frame would be as indicated in 11.4-1.