HSCEEC08R00009Amend01.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-00009

9B. DATED (SEE ITEM 11)

April 15, 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.)

A. 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

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

1. SOW. Page 17. 6.3-1 “Access/Egress Posts” Letter G. CCTV is mentioned. Please indicate what Locations will have CCTV.

Answer: Each location has CCTV.

2. SOW Page 17. 7.0 “Key Personnel”. When the submittals of the Key Personnel resumes are due?

Answer: After award, resumes for key personnel shall be provided by the successful offeror.

3. SOW. Page 17. “Supervisors”. Sub par 7.2.C stipulates that “The Contractor shall provide the level of supervision sufficient to meet the Contract requirements” The Schedule of prices limits the price of Supervision to 1500 hours. Exhibit I identifies only 3.5 hrs/day of supervision at only one location. But, there are three other sites remotely located from each other (judging from the addresses) with no stated Supervision requirement. It is evident that Supervisors will be needed at the other locations. Given the Supervisors’ qualifications in the 7.2.A, please clarify how is the Offeror expected to “provide the level of supervision sufficient to meet the Contract requirements” if the exhibit that establishes the requirement shows an obviously understated requirement, confirmed by the number of hours to be priced in the Schedule? Also consider Paragraph 10.2 in page 18.

Answer: If the Offeror believes more supervision is needed than what is reflected in the exhibit, it is the Offeror’s prerogative to factor that into their proposed hourly rate for these services.

4. SOW. Page 20. 11.4. What weapons are the incumbent Guards currently using? Are they being trained under the A-9 course of Fire or new ICE course of Fire?

Answer: .38 caliber revolvers are currently in use and guards are trained with this firearm. The new requirement will require guards to be armed with 9mm handguns.

5. SOW . Page 23 . 11.9 “Other Special Training”. The Contractor will be required to compensate all security guards for off-duty training at their regular hourly rate/salary. Will the Government reimburse the Contractor for this special training? Not knowing the specific requirement, it cannot be estimated for inclusion in the proposal however its labor cost is a legitimate item of expense.

Answer: The contractor will be reimbursed for any special training under this SOW paragraph.

6. SOW. Page 28 15.1.A “The contractor shall be provided and shall use… GFP deemed necessary by the Government in the performance of work”. There are four locations in the contract. Is there a list of equipments (items) that will be furnished at each location? I.e. desks, computers (w/printers), weapons locker room, Guard break room, etc…. We are certain that what the Govt. does not provide, must then be CFI, these becoming contractor cost items that must be considered in pricing the contract. Can the GFP be detailed or clarified?

Answer: At a minimum, the contractor will be provided a room for role call, weapons storage etc. Items such as desks and computers may be furnished by the tenant agency, but that is at the sole discretion of the agency.

7. SOW. Page 49. “Payments” Letter D. “the Government will pay for services actually rendered by the Contractor.” Please clarify Government policy for “closure of Facility due to Inclement Weather” and “additional holidays declared by the Government”. While Federal employees are granted liberal leave, the Contract employees are bound to lose several hour or days pay if the facility has a different schedule for holidays or restricted service during inclement weather.

Answer: This is an employer-employee issue. The Government will only pay for services actually rendered by the contractor.

8. SOW Page 41. Contract Clauses. There are several HSAR clauses incorporated by reference. Please indicate how do we access these clauses?

Answer: See link: http://www.dhs.gov/xlibrary/assets/opnbiz/cpo-acquisition-regulation-0606.pdf

9. SOW Page 49. HSAR 3052.204-70 Could the Contractor be given an idea of what services or technology resources (other than computers, if any) are present in the contract locations for which the Contractor must have physical or electronic access to sensitive information? The above is necessary to comply with the requirement of sub-par (b)(1),(2) etc… At this point we do not know if computers, either GFE or CFE, will be used.

Answer: The awardee will be provided the information.

10. CBA. It is intended to hire some of the incumbent’s employees if we are awarded the contract. Non vested accrued vacation carry-overs are the responsibility of the successor contractor and the monetary value of this liability has a significant impact on the cost of benefits (vacation) that a successor contractor may have to bear, especially if personnel involved have been on site for several years. Could the incumbent provide the number of personnel that have been on site (with predecessor contractors or with the incumbent) for: over 5 years, over 10 years, over 15 years? (Vacation entitlements per CBA). Your assistance in obtaining this information is requested, because iaw 29 CFR subtitle A Par.4.174 (d)(2), a “ Contractor is not relieved from any obligation to provide vacation benefits because of any difficulty in obtaining such data”.

Answer: See attached list.

11. CBA. Page 23 ESOP. If the Contractor Company does not have such a Plan, where does the contribution ($0.25/hr) goes to? Does it go to the 401K as in the case of a bona fide Health plan coverage elsewhere? How will it be distributed?

Answer: If a company does not have a ESOP, they would need to increase one of the other fringe benefits by the amount of the ESOP specified in the CBA or pay the cash equivalent of the benefit to the employee.

12. CBA. Page 23. Union 401K. Please clarify “Company shall forward… money in the amount of $.25 by the 15th…” Is this figure $0.25 per hr? If that is the case, is this amount capped at 40hrs/week

(2080 hr/Year)?

Answer: Yes, this figure is $0.25 per hour. Per the CBA, this amount is capped at 40 hours per week.

13. The Technical Volume has a 12 page limit. However, with the requirement for up to six reference write-ups and the contents of the Management Approach section, it will be difficult to provide the type of information FPS desires within 12 pages. Will FPS increase the page limit on the Technical Volume?

Answer: The RFP only indicates up to 3 references not up to 6 references. Further, there is no management approach evaluation factor/section in this RFP. Accordingly, the 12 pages are more than enough to describe corporate experience as per the RFP.

14. As part of the Pricing Volume reference is made to requiring Audited Financial Statements. If none are available at this time, would a letter of good standing with the financial institution being utilized be sufficient?

Answer: Please provide tax returns, letters from financial institutions and any other information to indicate that you are a financially responsible contractor in accordance with FAR 9.104-1.

15. Please provide the hours of weekly service per location and the current deployment schedule (i.e. Post Orders).

Answer: The schedule notes, on page 4 of the RFP, indicates how to request the post exhibit for this RFP.

16. How long does it typically take for FPS to issue a temporary Entry on Duty (EOD) decision?

Answer: If all required paperwork is provided to the COTR, he/she will immediately forward it to Contract Security Adjudication (CSA), which should be able to provide an EOD within 3-5 days.

17. Please list the positions/posts for which government security clearances are required.

Answer: This is detailed in the post exhibit.

18. Can we please obtain a seniority list of all current employees, to include start dates and current vacation balances?

Answer: Vacation balances are not available. See attached list.

19. Please provide a list of all training for current staff in order to correctly calculate annual training dates accordingly.

Answer: This list is not available. All training is specified in the RFP.

20. (Reference 7.1) Must the Contract Manager be a position solely dedicated to this contract? Does he need to work onsite at a particular location?

Answer: No to both questions.

21. (Reference 7.1) Will the Government provide office space for the Contract Manager?

Answer: No, it is recommended that the office manager not be located on-site.

22. (Reference Sec. 4, 11 & 12.2) Can it be assumed that the incumbent workforce meets the criteria set forth in section 4 and that all guards are properly trained and licensed and meet the medical standards, as set forth in sections 11 and 12.2?

Answer: No. Offerors will have to replace guards currently working under the task order with SecTek that are not U.S. citizens etc.

23. (Reference Section 11.6) Can the Government provide the number of hours required by the “FPS-Specific Training”?

Answer: Training and the number of hours for this training is spelled out in the exhibits.

24. (Reference Section 11.7) Is the Government-Provided training considered billable?

Answer: No, this would need to be factored into your hourly rate.

25. (Reference Section 15.2-3 and Exhibit 2C) Exhibit 2C identifies Body Armor as a uniform requirement, but has no quantity indicated. Does this mean to imply that there is no requirement to have body armor?

Answer: There is no requirement for body armor under this requirement.

26. (Reference Insurance Requirements) Automobile Liability insurance is listed as an insurance requirement, however, Section J, Exhibit 2B, indicates that no vehicles are required under this contract. In any event, does the requirement to obtain Automobile Liability insurance still apply?

Answer: No

27. (Reference FAR 52.222-42) Is the Statement of Equivalent Rates for Federal Hires indicate minimum salary requirements, or is it for informational purposes only?

Answer: Informational purposes only.

28. Would the Government please provide a list of Post Orders that relate to this RFP?

Answer: The schedule notes, on page 4 of the RFP, indicates how to request the post exhibit for this RFP.

29. Due to the fact that the Post Orders have not been distributed to prospective offorors, and offerors must have ample time to calculate billing rates based on the Post Orders, would the Government consider extending the RFP response deadline?

Answer: The post exhibit has been available from issuance of the RFP per the instructions on page 4 of the RFP and therefore no extension will be granted at this time.

30. Does the Government require or authorize guard mount time for armed guard?

Answer: No. The contractor is responsible for guard mount time and this should be built into the proposed hourly rate.

31. The RFP lists the four locations to be serviced under this contract and includes "7th and Constitution NW, Washington DC". The CBA between SecTek, Inc. and National Union of Protective Services Associations does not indicate this location is covered by the CBA.

Instead, it lists the other three locations from the RFP and 601 Pennsylvania Avenue, NW, Washington DC. Is 601 Pennsylvania Avenue the correct street address for "7th and Constitution" or is it a separate location? If it is a separate location, should we assume that this CBA does not apply and Wage Determination applies? Please clarify.

Answer: They are the same location. The street address is the official mailing address and the 7th & Constitution address is the GSA and FPS identifier.

32.

Upon reviewing the Post Exhibit, the actual post orders appear to contradict with the first page of the RFP, where the maximum quantity of hours, per CLIN items is listed. Based on the Post Exhibit, there will be 31,250 Guard II - Armed hours in the Base Year, which is 3,250 hours more than the maximum indicated in the RFP. Can you please verify and clarify this.

Answer: This is an indefinite delivery, indefinite quantity type contract. All of the hours identified in the schedule may not be ordered. The post exhibit reflects the coverage required currently, but post coverage may change over the course of the contract.

33. Will the Government provide an appropriate location for weapons storage at each of the four sites covered by this RFP?

Answer: See answer to question #6.

34. Will the Government provide a weapons safe to store the firearms at each of the four locations covered by this RFP?

Answer: No, the Statement of Work clearly indicates in Section 15.2-2 that the contractor provides the weapons safe.

35. Are the three corporate experience sheets required for the above mentioned RFP counted against the total 12 page count for the technical response? I did see that listed in the proposal preparation directions but I wanted to confirm. Normally they are NOT counted against the technical total page count.

Answer: Please follow the instructions in the solicitation.

Start Date on Contract w/ SecTek

1/1/2004

1/1/2004

9/19/2005

1/1/2004

1/16/2005

1/1/2004

3/4/2005

1/1/2004

1/1/2004

1/16/2008

2/1/2006

1/1/2004

1/1/2004

1/31/2008

7/27/2004

1/4/2008

7/20/2005

1/1/2004

1/1/2004

1/1/2004

11/16/2006

1/1/2004

5/7/2004

1/1/2004

6/16/2006

10/17/2006

1/4/2008

1/1/2004

1/1/2007

1/1/2007

1/1/2004

6/25/2007