HSCEEC08R00003Amend05.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

A. References to supervisory guards in the schedule and Attachments I through III are hereby changed to “Lead Productive Guard.”

B. The zip code for Riley County is hereby corrected to read “66502”.

C. The zip code for Cerro Gordo county is hereby corrected to read “50401”.

D. All references to breaks in Attachments I through III are hereby deleted in their entirety. The contractor shall provide breaks to its employees in accordance with DOL guidelines.

E. The following questions and answers are hereby provided for informational purposes only:

1) Relief Break Requirements. Attachment 1-3 specifically call for relief breaks at many of the large sites. However, there are also many large sites where relief breaks are not specified (i.e. 50309, 63120, 64114, 64133, 64106, 64105, 66101 and so on).

It is common industry practice to provide 15 minute breaks for each four hours of work at large, busy sites with fixed posts. By not specifying relief breaks at these sites, is the Government indicating that it does not require the contractor to provide relief breaks at sites where relief is not specifically called for?

Answer: See paragraph D of this amendment.

2) Actual requirement for Site Supervisors. Attachments 1-3 contain a number of large sites where a supervisor is specifically required and itemized in the post hour schedule (for example 64133, 64106, 64015, etc.). However, there are many other large sites with many posts where a supervisor is not specified.

Given the size of the guard force at these sites, it seems unusual that a supervisor would not be required. Our understanding is that most of these large sites do have supervisory coverage under the current contract. It is also our understanding that the tenant agencies will be very upset once they discover that the new contractor does not intend to provide on-site supervision at their building because their proposed price did not include supervision at these sites.

If FPS believes that supervision must in fact be provided at certain sites (and will insist that the contractor provide this supervision), this is in reality a requirement. Will FPS consider providing a fuller explanation of essential site supervisory coverage in order to avoid a conflict with the contractor after award?

Answer: The sites indicating Supervisor are Productive Lead Guards requested by the tenant agency. See Paragraph A of this amendment. The contractor is responsible for providing sufficient supervisory coverage. See Section 10.2 of the Statement of Work.

3) In Exhibit 2B, section 4, Contractor furnished vehicle states rotating vehicle 1 day each for maintenance. What is the bases for the rotation with the limited amount of miles placed on the vehicle? (Estimated 336 per week, per contract requirement).

Answer: A vehicle must replace the vehicle when out for maintenance.

4) Will the Body Armor requirement remain in the contract?

Answer: Yes 5) Please clarify the statement officers shall be issued 40 rounds of ammunition. Does this mean that officers must be issued 4 10 round magazines, (3) 13 round magazines and one round in the chamber?

Answer: See prior amendment changing type of weapon 6) Exhibit 3A states the government will provide 171 radios will the government also secure all required FCC licenses needed for operation?

Answer: The radios will be Government issued equipment

7) Please advise how the number of 171 radios was arrived at. Is this one radio per post or one per location?

Answer :The number of radios is based on number of radios for security officers and where radio transmission works.

8) Exhibit 2C, section 3, Can ball caps substitute the frame style caps?

Answer: No

9) In attachment III, under “CERRO GORDO COUNTY”, location/county description says “68502 (CBA). The zip code 68502 is wrong since 68502 is a NE zip. Would the government verify that?

Answer: See Paragraph C of this amendment.

10) Would the government please define the metropolitan areas for all 4 states?

Answer: There are metropolitan areas in all 4 states.

11) In attachment II, under “SEDGWICK COUNTY”, 67226, it appears as though the Total Hours should be 2,142 instead of 1,453.5. Would the government please verify that?

Answer: 2,142 is correct

12) In attachment II, under “JACKSON COUNTY”, 64063 (CBA), it appears as though post # 7, “Days per Week” should be “Mon - Fri (1)” instead of “Mon - Fri (2)”. Would the government please verify that?

Answer: Mon-Fri (2) is correct

13) In attachment II, under “JACKSON COUNTY”, 64117 (CBA), it appears as though post # 3, “Days per Week” should be “Mon - Fri (1)” instead of “Mon - Fri (2)”. Would the government please verify that?

Answer: Mon-Fri (2) is correct

14) How many employees are working currently on the contract (broken down by city) and how many vacancies are there in each city?

Answer: The Government requires that the post coverage be provided as per Attachments I through III, how many guards a company uses or is using is at the discretion of the offeror.

15) One of the CBAs (UGSOA Local 20) provides that the H&W payment is paid to employees in cash (UGSOA Local 20 CBA). The other three CBAs refer to the H&W amount being contributed to a company established benefit plan. For the latter 3 CBAs, are any or all portions of the H&W payment actually being paid to employees in cash (and if only a portion is paid in cash, please define what portion)?

Answer: This is an employer-union issue.

16) Could you please clarify your response to Question #1 in Amendment 1, please confirm that the cell phone requirement would be met by the contractor as long as each employee had a contractor provided cell phone while they were on duty.

Answer: The contractor is responsible for providing a cell phone for each security officer while on duty

17) Concerning the government’s response to Question #7 in Amendment 1, Will a FPS observer be available/required for the transition training that will be required to phase in the new weapon on this contract prior to the official start-up of the contract? New contract calls for 40 caliber semi automatic weapon.

Answer: See Amendment 04 which changed the firearm required under this effort.

18) Concerning the government’s response to Question #17 in Amendment 1, will the officers assigned to remote locations with one post be required to take their weapons home? What is the determining factor in this decision; will it be driven by state law or the individual clients?

Answer: It is driven by state law and whether weapons safe is available on site.

19) Concerning the government’s response to Question #17 in Amendment 1, please provide a list of those locations that will require the officers to take their weapons home and those that will require the weapons be stored on site.

Answer: This information will be provided at contract award.

20) Concerning the government’s response to Question #17 in Amendment 1, at those locations where the weapons must be stored will the government supply the storage containers or is it the contractor’s responsibility to provide?

Answer: No, the contractor is responsible.

21) Concerning the government’s response to Question #6(a) in Amendment 2, are we to assume that all incumbent officers that may be retained by the new contractor will be required to submit to complete medical testing?

Answer: Yes

22) Concerning the government’s response to Question #7 in Amendment 2, are we to assume that all incumbent officers that may be retained by the new contractor will be required to be submitted for new suitability adjudication?

Answer: Yes.

23) If that is the case will these officers be permitted to work on the contract based on their prior suitability adjudication until a new one is completed provided all paperwork has been provided to the government?

Answer: No, the new paperwork has to be submitted and security officer’s have to receive a new preliminary prior to the new contract starting 10/1/08.

24) Concerning the government’s response to Question #14 in Amendment 2, please clarify the specifications for the weapon required on this contract several of the government recommended weapons do not meet the specifications of having an external decocking lever. Is there a specific make and model that the government is looking for?

Answer: See Amendment 04 which changed the firearm required under this effort.

25) In Attachment I, under St. Luis County, (63132 CBA, 63103 CBA, 8am-4pm, Mon-Fri) and Jackson County ( 64131 CBA, 64106 CBA, 6am-6pm Mon-Fri), it says “15 minute paid relief break”.

While at the bottom of this attachment, it says:

“NOTE: Where indicated, relief periods (lunch, breaks, etc.) are authorized by Contract. The Contractor must provide a replacement guard for each employee on an authorized break. Unless otherwise specified, patrol (rover) guards and supervisors must not be used for replacement.

All full time productive guards working a minimum 8-hour shift shall be provided a paid 15-minute break for each 4 hours of work. This break should normally be scheduled in the middle of each 4-hour period. A 30-minute lunch break shall also be provided to those individuals. All guards working a 6-hour shift shall be provided a paid 15-minute break and 30 minute paid lunch break. Part-time productive guards working a minimum of 4 hours shall be provided a paid 15 minute break every 4 consecutive hours worked, The cost to cover relief for the productive hours indicated herein must be included in your offer.”

Questions:

a. Is it correct that breaks are authorized and required to use replacement guards only at St. Luis County, (63132 CBA, 63103 CBA, 8am-4pm, Mon-Fri) and Jackson County ( 64131 CBA, 64106 CBA, 6am-6pm Mon-Fri) during the time indicated?

Answer: Only the locations indicated require a replacement guard

b. For other posts including many single-person posts, can the contract use self relief to handle relief and meal breaks?

Answer: For single posts, self relief and meal breaks are allowed. The security officer would still be considered on duty. Please see paragraph D of this amendment.

c. According to the notes, officers working on a 6-hour shift will get 1 paid 15-minute break and 1 PAID 30-minute lunch break, while officers working on a 8-hour shift will get 2 paid 15-minute breaks and 1 UNPAID 30-minute lunch break. Shouldn’t the 6-hour shift lunch break also be UNPAID?

Answer: See paragraph D of this amendment.

26) Section 11.4 A says: “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.”

Exhibit 4E states that baton training is included in the weapons training, It also states: “The Contractor must present 8 hours of basic baton training and certification, 8 hours of firearms classroom training, and 32 hours of live fire training and familiarization to all security guards.”

Is the requirement for 24 hours of live fire training or 32 hours? If 32 hours of live fire training is required, is it correct that the total number of initial weapons training, including baton training, is 48 hours?

Answer: Yes, 40 hours firearms training – (8 hours classroom and 32 hours live fire), 8 hours baton training

27) Attachments I, II and III: There are several zip codes indicated as having Collective Bargaining Agreements (CBAs) attached to them; however the exact cities and counties that these zip codes reside in are not located in the provided CBA's. Are we to assume that if the CBA indicated zip code resides in a city and county that are not located in the provided CBAs, that these zip codes are part of the CBAs in the nearest metropolitan area? These include the following:

66049 (CBA): Lawrence City, Douglas County, Kansas - Are we to assume this is associated with local 249 City of Topeka, Kansas? Yes 66219 (CBA): Lenexa City, Johnson County, Kansas - Are we to assume this is associated with local 249 Kansas City, Missouri? Yes 66101 (CBA): Kansas City, Wyandotte County, Kansas - Are we to assume this is associated with local 249 Kansas City, MO? Yes 66214 (CBA): Ovarland Park, Wyandotte County, Kansas - Are we to assume this is associated with local 249 Kansas City, MO? Yes 63084 (CBA): Union, Franklin County, Missouri - Are we to assume this is associated with local 20 for St. Louis, MO? Yes 63010 (CBA): Arnold, Jefferson County, Missouri - Are we to assume this is associated with local 20 for St. Louis, MO? Yes 65401 (CBA): Rolla, Phelps County, Missouri - Are we to assume this is associated with local 20 for St. Louis, MO? Yes 28) Exhibit 2E requires the contractor to provide .40 caliber semiautomatic firearms. However, the Metropolitan Police Department of St. Louis, Missouri, which regulates private security services within the city, expressly forbids security officers to carry any firearm other than a .38 caliber revolver. Title 17, Division 20, of the Missouri Code of State Regulations (CSR) governs security services within the City of St. Louis. According to 17 CSR 20-2.105(4)(B): "Private security officers must carry double action .38 Special caliber revolvers. The carrying of any other caliber weapon, including automatics, derringers, .357 magnums and shotguns is prohibited." Will the Government amend the solicitation to permit contractors to issue .38 caliber revolvers?

Answer: See Amendment 04 which changed firearm requirements.

29) Attachment 3: Riley County on Attachment 3 is shown as being in zip code 66604; however, our research indicates that this zip code is in Shawnee County. Please clarify which County is correct.

Answer: Riley County is accurate. See paragraph B of this amendment.

30) Attachment 3: Cerro Gordo County, in Attachment 3, is listed as being in zip code 68502. However, that particular zip code is for Lancaster County, Nebraska. Are there any posts in Cerro Gordo County, Iowa?

Answer: See Paragraph C of this amendment.

31) Collective Bargaining Agreements and Attachments 1-3: Several of the posts have counties that are relevant to more than one CBA. As the addresses or even cities are not provided, determining which CBA rate applicable is impossible. The locations are, as follows:

Answer: No counties listed below are relevant to more than one CBA. Each zip code is specific to only one location and one CBA.

(a) 52801 (CBA) Scott County: Scott County could be in either CBA Local 214 Area B or CBA Local 20 Area B (Sikeston). Which is the correct CBA for this post?

Answer: CBA Local 20

(b) 51301 (CBA) Clay County: Clay County could be in either CBA Local 214 Area C or Local 249 Area A (Kansas City Metro includes Clay County). Which is the correct CBA for this post?

Answer: CBA Local 249

(c) 64118 (CBA) Clay County: Clay County could be in either CBA Local 214 Area C or Local 249 Area A (Kansas City Metro includes Clay County). Which is the correct CBA for this post?

Answer: CBA Local 249

(d) 52240 (CBA) Johnson County: Johnson County could be either Local 214 Area A or Local 249 Area A (Kansas City Metro includes Johnson County). Which is the correct CBA for this post?

Answer: CBA Local 214

(e) 66219 (CBA) Johnson County: Johnson County could be either Local 214 Area A or Local 249 Area A (Kansas City Metro includes Johnson County). Which is the correct CBA for this post?

Answer: CBA Local 249 32) Section 11.9, Other Special Training, Paragraph B, Page 43: Regarding special training that will be given by the tenant agency or FPS, “The Contractor will be required to schedule the training, to compensate all security guards for off-duty training at their regular hourly rate/salary”. Will the Government compensate the Contractor the productive hourly rate associated with that post for the special training if and when the training is provided? As this has the potential for significant monetary value if the Contractor is not compensated, is there a cap or a limit to the amount of agency or FPS training that will be required?

Answer: Yes, the Government will compensate for the special training. A modification to the existing order will be issued if and when this occurs.

33) Section 17.4, Suitability Adjudication, Paragraph C, Page 54: Will the Contractor be permitted to use Contractor owned equipment that appears on the “Products Certified For Compliance With the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) Image Quality Specifications (IQS)” to fingerprint guards instead of requiring fingerprinting at FBI, Local Police Departments, or FPS Regional Offices?

Answer: No, law enforcement personnel are required to fingerprint security officers.

34) Section 16, Regulations, Handbooks, and Other Applicable Documents, Paragraph F, Page 51: Security Guard Information Manual (SGIM) is referenced throughout, to include this Section. Does the SGIM replace the Contract Guard Information Manual (CGIM)? If so, where would the Contractor locate this document or other materials to ensure compliance with the SGIM requirements?

Answer: Yes, the SGIM replaces the CGIM. This document will be provided at time of award.

35) Section 15.2-2, Equipment, Paragraph C, Subparagraph 4, Page 50: As the Contractor is responsible for providing “accessories such as clearing barrels” will agencies provide space inside/outside of their facilities for the placement and use of these barrels? Will guards assigned to other than normal duties, e.g. OHA Hearings and FEMA Sites be required to use portable clearing barrels?

Answer: Clearing barrels will be removed from the requirements. See Amendment 04 for the change to the firearm requirement.

36) Exhibit 2C, Contractor Furnished Uniform Items, Page 6: “Frame style cap” is listed as a uniform requirement. Will these caps be required to be worn by guards while on duty at all times, or will it be left to the discretion of the guards?

Answer: Yes, as long as the guard is outside, but if the guard is assigned inside, no, the cap would not be worn.

37) Attachments 1, 2, and 3: NOTES at the bottom of the pages list requirements for lunch breaks. For these requirements are lunch breaks to be paid or unpaid?:

Answer: See paragraph D of this amendment.

38) Exhibit 2E, Contractor Furnished Firearms and Ammunition, Pages 9 and 10: Based on the firearms requirements as set forth in the narrative of this exhibit, none of the recommended firearms meet all of the requirements. Are all recommended firearms allowable for use on this Contract?

Answer: See Amendment 04 for the change to the firearm requirement.

39) Exhibit 2E, Contractor Furnished Firearms and Ammunition, Pages 9 and 10: Current city statutes in one of the major municipalities of this region strictly prohibit security guards from carrying any firearm other than .38 caliber revolvers. Will the Government make accommodations under the Patriot Act, or will statute-mandated .38 caliber revolvers be allowed?

Answer: See Amendment 04 for the change to the firearm requirement.