HSCEEC08R00003Amend06.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. Paragraph A of Section 10.3 of the SOW is hereby deleted in its entirety and replaced with the following:

The Contractor shall be required to maintain, at all times, an on-call reserve force. The Contractor shall furnish all management, supervision, manpower, material, supplies, and equipment (except as otherwise provided by the Government), and shall plan, schedule, coordinate and ensure effective performance of all services described herein. The Contractor shall furnish manpower for emergency, surge and/or disaster related security guard services for the states of Iowa, Kansas, Nebraska and Missouri on an as needed basis. The contractor will provide resources to staff, supervise and properly equipped guards to respond to large and small-scale deployments, short and long-term emergency situations, i.e. manmade and natural disasters & FEMA projects. The Federal Protective Service (FPS) uses contracted armed guard services to safeguard federal employees, visitors, property and temporary facilities during disaster declarations and local facility emergencies.

The successful contractor(s) shall be responsible for providing emergency and disaster related security guard services as required by each task order. The requirements under the “emergency guard service” CLIN shall be ordered for anywhere in the four states covered under this contract with little, if any, advance notice. The hourly rate for this “emergency guard service” CLIN shall be inclusive of any and all costs (e.g. travel costs) directly related to or incidental to providing service at locations to be specified when ordered. There will be no “phase-in” period for these requirements. The requirements ordered under the “emergency guard service” CLIN will be limited to 120 days of service. Thereafter, provided notice is provided within 30 days before the expiration of the emergency guard service task order, any continuing long term requirements for those same post/locations shall be ordered at the regular hourly rates specified for fixed posts/facilities within the contract.

B. Paragraph E of Section 11.4 of the SOW is hereby deleted in its entirety and replaced with the following:

Each firearms qualification “session” consists of no more than two (2) attempts to qualify. If unsuccessful, the second attempt must be completed immediately after the first attempt. A qualifying score is 80% or better. See Exhibit 4E. If the contract employee fails to qualify during the first session, the employee must attempt to qualify within 30 days at a second qualification session. Before attempting to qualify in the second qualification session, the Contractor must provide a minimum of eight (8) hours of remedial training. The Contractor is responsible in determining what training the employee will need to complete in order to successfully qualify. After failing the second qualification session, the Contractor must provide a minimum of eight (8) hours of remedial training prior to each session (2 attempts) at qualification by the employee. The employee cannot commence working on contract until successfully achieving a qualifying score. The Contractor shall document the employee’s file with any and all remedial training given to enable the employee to pass the firearms course. The Government shall not be liable for compensating the Contractor for any additional expenses or costs incurred by the Contractor to enable Contract employees to annually re-qualify on the course.

C. 68508 is hereby corrected to read “Lancaster County” on Attachment I.

D. 66101 is hereby corrected to read “Wyandotte County” on Attachment II.

E. 64117 is hereby corrected to read “Clay County” on Attachment II.

F. 64153 is hereby corrected to read “Platte County” on Attachment II.

G. 66214 is hereby corrected to read “Johnson County” on Attachment II.

H. 68521 is hereby corrected to read “Lancaster County” on Attachment II.

I. 63801 is hereby corrected to read “Scott County” on Attachment III.

J. 63376 is hereby corrected to read “St. Charles County” on Attachment III.

K. 51106 is hereby corrected to read “Woodbury County” on Attachment III.

L. Exhibit 2E is hereby deleted in its entirety and replaced with the attached.

M.

The following questions and answers are hereby provided for informational purposes only. Please note that the Government believes it has answered all questions posed by offerors in response to this RFP. If an offeror feels that any of its previously submitted questions have not been answered, please e-mail josh.clemens@dhs.gov by noon (EST) on February 26, 2008 with the unanswered question (s).

2. Amendment 3 answer to question 21 states Yes, the contractor is responsible. Is it then your determination that the contractor is responsible for 32 hours of annual firearms training?

Answer: Yes

3. The Government’s answer to Question 29 in Amendment 3 states: “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.” Specific “15 minute paid relief breaks” are only indicated for Post 63132 (CBA), Post 63103 (CBA), Post 64131 (CBA), and Post 64106 (CBA) in Attachment 1. Paid lunch breaks for specific posts are not indicated on Attachments 1-3. In the NOTE sections on Page J-8 of Attachment 1, Page J-13 of Attachment 2, and Page J-23 of Attachment 3, it states: “All guards working a 6-hour shift shall be provided a paid 15-minute break and 30 minute paid lunch break” [emphasis added]. Should all offerors price in a paid 30-minute lunch break for each guard working either a 6-hour shift or an 8-hour shift? If paid lunch breaks are required (necessitating relief personnel for this extra 1/2 hour/shift), will the Government verify all offerors have included this substantial cost within their price detail backup required in the proposal submittal?

Answer: See Amendment 05, Paragraph D. The contractor shall provide breaks to its employees in accordance with DOL guidelines.

4. One last question regarding the RFP. Is this RFP solicited under the Federal Supply Schedule? Our we required to remit the Industrial Funding Fee to GSA?

Answer: This acquisition is not being conducted in accordance with FAR 8.4.

4.

a. Attachment 1

Zip Code 68508 on page J-7 is shown under Douglas County Nebraska, yet is actually located in Lancaster County Nebraska.

Answer: See paragraph C of this amendment.

b. Attachment 2 Zip Code 66101 is shown under Jackson County Missouri, yet is actually located in Wyandotte County Kansas.

Answer: See paragraph D of this amendment.

Zip Code 64117 is shown under Jackson County Missouri, yet is actually located in Clay County Missouri.

Answer: See paragraph E of this amendment.

Zip Code 64153 is shown under Jackson County Missouri, yet is actually located in Platte County Missouri.

Answer: See paragraph F of this amendment.

Zip Code 66214 is shown under Jackson County Missouri, yet is actually located in Johnson County Kansas.

Answer: See paragraph G of this amendment.

Zip Code 68521 is shown under Douglas County Nebraska, yet is actually located in Lancaster County Nebraska.

Answer: See paragraph H of this amendment.

c. Attachment 3 Zip Code 68502 is shown under Cerro Gordo County Nebraska, yet is actually located in Lancaster County Iowa.

Answer: See Amendment 05

Zip Code 63801 is shown under Mississippi County Missouri, yet is actually located in Scott County Missouri.

Answer: See paragraph I of this amendment.

Zip Code 63376 is shown under St. Louis County Missouri, yet is actually located in St. Charles County Missouri.

Answer: See paragraph J of this amendment.

Zip Code 51106 is shown under Wapello County Iowa, yet is actually located in Woodbury County Iowa.

Answer: See paragraph K of this amendment.

5. Who is/are the incumbent(s)?

Answer: Ree’s Contract Services

6. Are services currently being provided by one company, or more than one company?

Answer: One Company

7. Can we bid for services in one state, or must we bid for all or none?

Answer: Only a single award will be made as a result of the RFP. Accordingly, an offeror must propose on all four states covered by this solicitation or else it will be considered non-responsive.

8. With regard to the incumbent’s personnel, could the Government confirm that there is not in place a non-compete agreement that would otherwise prohibit these personnel from working with the successful bidder?

Answer: The Government is not aware of any non-compete agreement.

9. On the Attachment 1, 2 and 3 you have TAS Metropolitan and Premium; which wage determination or CBA should we use for each attachment, similarly for Emergency Guard Services?

Answer: It is not the Government’s intent to inform offerors how to propose. Since TAS and Emergency Guard Services can be ordered for any location within the four states covered by this RFP, the offeror will need to consider this in its proposal.

10. In Amendment 2 paragraph b; does this mean that you want a total single price to be inclusive of all costs on the Schedule and Service Price Sheets or that you want to see an itemized breakdown of direct, indirect costs, profit etc.

Answer: The Government wishes to see a detailed breakdown of an offeror’s proposed hourly rates and how that proposed hourly rate is build up.

11. RFP, Guard Services Requirements, Section 5.2 Government-Provided Quality Control, Item C (page 32): Please define the price deductions for each post hour where services are not rendered according to the provisions of this contract.

Answer: The price deduction would be based on the hourly rates at the location service is not rendered.

12. RFP, Guard Services Requirements, Section 11 Training (page 39): Please clarify if FPS requires any on-the-job training in addition to the training provided in the RFQ.

Answer: The guard is required to be familiar with the post and post orders. On-site training before the guard resumes the post is required.

13. RFP, Guard Services Requirements, Section 11.8 CPR/AED/First Aid Training, Item B (page 42): Will FPS accept American Heart Association certification standards in addition to American Red Cross?

Answer: Yes

14. RFP, Guard Services Requirements, Section 11.9 Other Special Training, Item B (page 43): Please clarify if contractor can bill FPS for the “special training?” Can costs associated for replacement of personnel for personnel who are in the “special training” and any associated overtime, be billed to FPS?

Answer: When the requirement arises, the contractor will be compensated at the regular hourly rate.

15. RFP, Guard Services Requirements, Section 17.2 Security Management, Item A (page 52): Please clarify if the position of “Corporate Security Officer” requires any special training, certification, etc. as part of the contract.

Answer: No

16. RFP, Guard Services Requirements, Payments, Item B (page 65): Please define the monetary deductions for nonperformance of work under this order.

Answer: The Government will only pay for services actually rendered by the Contractor. The monetary deduction would be based on the hourly rate in effect at the location service is not rendered. See FAR 52.212-4.

17. RFP, Guard Services Requirements, HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates, Item (f) Disclosure (page 69): Please clarify if bidder is to submit this disclosure at part of the proposal.

Answer: Yes

18. RFP, Guard Services Requirements, Submission of Proposal, Section I. General, Volume I Technical Proposal (page 71): Please clarify the requirement to include the following legend “Source Selection Information – See FAR 2.101 and 3.104” in each page of each copy. Is this legend to be input as a footer note on each page?

Answer: As per the RFP: “Each page of each copy should include the following legend:

Source Selection Information - See FAR 2.101 and 3.104”

19. Do any of the sites provided in Attachments I, II and III have posts that have been or could be designated as “relief posts” where guards can rotate to take their lunch but still maintain the post? If so, can FPS identify these posts?

Answer: The locations identified on Attachment 1 indicate “relief posts.” The note at the bottom of the attachment indicates the contractor is to provide replacement guard for each employee and unless otherwise specified, patrol (rover) guards and supervisors must not be used for replacement. Since the guard at other locations are considered to be on duty, there is no relief post indicated and would be self relief.

20.

Amendment Number 3, Q&A Number 25. The response to the question is unclear.

What is meant by the phrase “but not a non-roving productive guard or roving productive guard?

Answer: The Government’s answer is clear. A non-roving productive or roving productive guard will not be used for replacement for breaks and/or lunch breaks.

21.

Since the contemplated effective date is October 1, 2008 and Offerors only are bound by the economic terms of the CBA for a year, is the Government anticipating prices for all years based on the wage and benefit scale in effect for 10/1/08 with option year pricing modified in accordance with FAR 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustments (Multiple Year and Option Contracts). Other recent procurements from the same contracting group have included language that provided “Offerors must NOT include contingency allowances to cover increased costs for which adjustments are provided under FAR 52.222-43”.

Answer: Please review FAR 22. It is not the Government’s intent to inform offerors how to propose in response to this RFP.

22.

Local20CBA.PDF provides at Paragraph 23.6 “Lieutenants will receive a one-dollar ($1.00) ‘Lead Officer’ differential over and above the base wage for officers as provided for in each year of the Agreement. Sergeants will receive a fifty-five cent ($0.55) ‘Lead Officer’ differential over and above the base wage for officers as provided for in each year of the Agreement.” However each CLIN identifies simply “Guard II Productive” Labor Category.

Please indicate by CLIN or by Attachment I, II, and III where Lieutenants and Sergeants are required of the Government is asking for that level of service. If the Government is merely asking for Guard II level of service, what is the Government’s plan to deal with the loss of pay by Lieutenants and Sergeants?

Please note that other CBAs contain similar language related to Lieutenants and Sergeants.

Answer: The Government’s minimum requirement is a Guard II at each location. It is not the Government’s intent to inform offerors how to propose in response to the RFP. This is an employer-union issue.

23.

Would you please re-clarify the answers to questions 31(a) 52801 (CBA) Scott County and 31(b) 21301 (CBA) Clay County. Shouldn't these Counties be in CBA Local 214 Area B and Area C respectively. (We original put these counties under Local 214 Area B & C). Scott County is Northeast of Des Moines County and is enumerated in the CBA local 214 to be in Area B together with Des Moines County and Sikeston, Mo is way South of Missouri.

51301 (CBA) Clay County - This county is North of Buena Vista County and CBA Local 214 Area C covers the Counties of Buena Vista, Clay and Woodburry.

Answer: The answers to questions 31(a) and (b) in Amendment 05 are hereby deleted. The locations referenced by the offeror are the correct CBA’s. Please refer to paragraphs C through K of this amendment for changes to Attachments I through III.

N. All other terms and conditions remain unchanged.

EXHIBIT 2E

CONTRACTOR FURNISHED FIREARMS AND AMMUNITION

The contractor will provide all security guards, including part-time and reserve guards with one (1) pistol each meeting the following requirements:

A double action .38 Special Caliber, six (6) shot police service type revolver with a heavy duty 4” barrel, fixed front sight and a fixed or adjustable rear sight. The caliber authorized is .38 S&W and not any larger.

The pistol must be capable of being fired without the manipulation of an external safety or cocking lever. Passively operated grip or trigger safeties are acceptable. The normal function of the pistol shall be double action only. The pistol must be operable by a right or left-handed user. There is not a requirement for an all-metal firearm.

The pistol has to have been assembled in the United States.

Ammunition type authorized:

110 +P jacketed hollow point.

Recommended Brands

Federal

Speer

Winchester

Remington

All firearms and ammunition, when not issued for duty, shall be secured by the contractor in a manner consistent with state and local laws, codes, and regulations, and approved by the COTR.

The contractor will have on-hand a sufficient quantity of appropriate and compatible ammunition to provide to all security guards, including part-time and reserve guards with 18 rounds. Six rounds shall be loaded into the revolver and the remaining 12 rounds shall be contained in two (2) six (6) rounds each cartridge cases. In addition, the Contractor shall have on-hand or immediately obtainable an adequate quantity to meet the ammunition requirements for training and qualification.