Amendment3.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 12

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

0003 June 25, 2008

6. ISSUED BY CODE GI000 7. ADMINISTERED BY (If other than Item 6) Gi000

ICE/FPS/EAST CCG/R11/A See Block 6

701 MARKET STREET, SUITE 4200

Philadelphia, PA 19106 Attn: Todd Wanner, (215) 521-2251, todd.m.wanner@dhs.gov

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and ZIP Code) (√ ) 9A. AMENDMENT OF SOLICITATION NO.

HSCEEC-08-R-00011

9B. DATED (SEE ITEM 11)

June 3, 2008

10A. MODIFICATION OF CONTRACT/ORDER NO.

X

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

x The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, x is not extended.

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.

(√) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

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 SF 30 CONTINUATION SHEET

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.

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

JOSH CLEMENS

Contracting Officer

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(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

HSCEEC-08-R-00011

Amendment 0003

RFP HSCEEC-08-R-00011 is hereby amended to provide the following information and responses to questions received by the Government after issuance of the RFP.

A. The following changes are hereby incorporated into the RFP:

1a. Remove Exhibit 2(B) Contractor Furnished Vehicle Requirements, issued in the basic RFQ.

1b. Replace with the attached Exhibit 2(B) Contractor Furnished Vehicle Requirements.

2. Section 7.2E of the Statement of Work is hereby removed.

B. The following responses are provided to questions received after issuance of the RFP and are for information purposes only.

1) Question: Will FPS allow contractor to use supervision as part of the relief plan?

Response: No, see post exhibit which states “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.”

2) Question: Do any of the sites in the Guard Post Exhibit 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?

Response: No

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

Response: Terms and Conditions are as stated.

4) Question: Please clarify if the incumbent work force satisfies all the requirements provided in this RFP.

Response: Unknown, the incumbent guard force is not working under an FPS guard services contract.

5) Question: RFP, Section 5.2 Government-Provided Quality Control, Item C (page 12):

Please define the price deductions for each post hour where services are not rendered according to the provisions of this contract.

Response: See FAR 52.212-4.

6) Question: RFP, Section 6.3 Typical Duties, Item D (page 13). Off-going guards shall provide a brief to on-coming guards of the events and occurrences encountered during the patrol tour. Please confirm if guard-mount time is already factored into the hours or is that additional coverage that needs to be included.

Response: The contractor is responsible for guard mount time and this should be built into the proposed hourly rate.

7) Question: RFP, Section 17.1 General- Item B, section 2 (page 32). Suitability clearance may take 1-3 months, however a preliminary suitability is usually determined within a week of the submission. Please confirm, if the guards pass the preliminary suitability are they able to work on the site until the final suitability clearance is issued?

Response: Yes

8) Question: RFP, Section 11 Training (page 19): Please clarify if FPS requires any on-the-job training in addition to the training provided in the RFP.

Response: No, however the agency customer may require some training.

9) Question: RFP, Section 11.8 CPR/AED/First Aid Training, Item B (page 23): Will FPS accept American Heart Association certification standards in addition to American Red Cross?

10) Question: RFP, Section 11.9 Other Special Training, Item A (page 23): 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?

11) Question: RFP, Section 17.2 Security Management, Item A (page 33): Please clarify if the position of “Corporate Security Officer” requires any special training, certification, etc. as part of the contract.

Response: No, but is the responsibility of the contractor to select the best qualified individual to interface with DHS security office through the COTR on all security matters.

12) Question: RFP, Contract Clauses (page 45): Please clarify the implications of this clause.

Are the hourly wages, sick leave, paid holidays, and vacation provided in this clause applicable or is contractor to follow those provided in the Union Agreement?

Response: The terms of the CBA are applicable.

13) Question: RFP, Contract Clauses, HSAR 3052.209-70 Prohibition on Contracts with

Corporate Expatriates, Item (f) Disclosure (page 52): Please clarify if Contractor is to submit this disclosure at part of the proposal.

Response: Yes, Contractor shall submit disclosure as part of the Technical Proposal.

14) Question: RFP, Contract Clauses, Submission of Proposals, Section III Proposal Content, FAR 52.212-3 Offeror Representations and Certifications (page 58): Please confirm if bidder is to include this section in the completed proposal. If so, please clarify if this section is to be included in the Technical or Price/Cost proposal.

Response: Per the submission of proposal instructions, offerors are required to go on-line to the Business Partner Network at http://orca.bpn.gov to complete their On-line Representations and Certifications Application (ORCA) prior to submittal of a proposal.

15) Question: Exhibits, Exhibit 6C (page 51), Please confirm that Top Secret or Secret clearances are not required.

Response: Confirmed

16) Question: Section J, Exhibits, Exhibit 2A Contractor Furnished Communication Equipment

Requirements (page 4): Please clarify which sites require the provided communication equipment as the Facilities section is blank.

Response: All facilities

17) Question: 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.

Response: Offerors shall comply with all Department of Labor regulations and provisions of the Service Contract Act.

18) Question: Will FPS provide a seniority list on the provided Union Agreement?

Response: A seniority list will be provided in accordance with FAR 22.1020.

19) Question: Please specify the format and medium for proposal delivery.

Response: See blocks (7) and (9) of the SF-1449 for proposal delivery locations. Proposals shall not be sent via facsimilie or email.

20) Question: Ref. Attachment I (Post Hours) – The start time and end time for the Supervisors are missing, please provide.

Response: Supervisors are required to work the number of hours reflected; start/end times are flexible.

21) Question: There is no requirement to submit Key Personnel resumes in the proposal submission instructions. However section 7 identifies the requirement for Key Personnel and states that the Contractor shall submit resumes for the proposed Key Personnel. Is this a post award requirement? Will Key Personnel resumes be required as part of the proposal? If Key Personnel resumes are to be submitted as part of the proposal, in which volume? And will they count against the page limit?

Response: Key personnel resumes will be required post-award.

22) Question: Is the FPS “orientation” training (in section 11.2-1 B) the same as the “FPS-specific Training of section 11.6 and Exhibit 4C? If no, could you explain what the content of the “orientation” training is, provide the needed hours and state if it will be Government or Contractor provided?

Response: Yes, 8 hours of orientation provided by government.

23) Question: Will classrooms for Contractor and Government provided training be provided by the Government?

Response: Classrooms will be provided for government provided training.

24) Question: It is our understanding that the Annual Firearms Refresher Training will be the training necessary for the Annual Firearms Re-qualification. Please confirm.

Response: Affirmative

25) Question: It is unclear how many hours of annual firearms training (annual firearms refresher) are needed after the initial basic firearms qualification. Please clarify.

Response: Eight hours of annual firearms refresher training is required and should include either baton or OC spray training.

26) Question: Are all incumbent Contractor employees firearm qualified?

Response: The current guard force is not providing services under an FPS-issued contract.

27) Question: What handgun’s make and caliber are the incumbent contractor employees using?

Response: Smith and Wesson - .38 caliber

28) Question: Will DHS FPS provide the range facility for training/qualifying?

29) Question: Have all incumbent Contractor employees been certified to the RFP required basic training, FPS orientation and written exam?

30) Question: Are all incumbent Contractor employees CPR/AED/First Aid certified?

31) Question: Exhibit 2C, Contractor Furnished Uniform Items, has in grey the Body Armor and no quantity indicated. Please clarify if it is needed and if so the needed quantity per security guard.

Response: Not required

32) Question: Will OC Spray & training be required?

33) Question: Have the incumbent contractor’s employees been certified as meeting the suitability determination requirement?

34) Question: Is an FPS fingerprinting regional office available in the Washington, DC metro area? If so, will the Government provide access/use to its finger printing regional office?

35) Question: Can we obtain fingerprints in house?

36) Question: If only 60% of the incumbent’s contract guard force is US citizens, is this RFP’s requirement for US citizenship an addition to the current contract requirements?

Response: The current guard force is not providing services under an FPS-issued contract.

37) Question: Will COR approval in accordance with Section 4.1.B 1. “Lawful Permanent Residents who are currently members of the US armed services (Reserves or National Guards) or who possess an Honorable Discharge from a US military component” be allowed?

38) If yes, is the remaining 40% of the incumbent guard force eligible to meet the COR approval for “Lawful Permanent Residents who are currently members of the US armed services (Reserves or National Guards) or who possess an Honorable Discharge from a US military component”?

39) Question: Ref the CBA – The agreement does not list Alexandria, VA as one of the locations covered by the CBA. Is the current contract performed in Alexandria, VA as well, and therefore does it apply to the Alexandria locations as well?

Response: Yes, per the post exhibits the contract is performed in Alexandra, VA. The CBA applies to the Alexandria, VA faciliities as well.

40) Question: Reference Post Schedules - The total hours indicated on the sheet (217,318) do not foot to the actual total (237758) which figure is correct?

Response: 217,138 productive hours and 20,440 supervisory hours, for a total of 237,758.

41) Question: Reference Post Schedules - This total (237758) does not match the total indicated in the pricing schedules for productive guards and supervision which is (273000).

The pricing schedule states that Task orders will be issued on the hours indicated in the post schedules and offeror shall base there hourly rates on this information.

If this procurement is a Firm Fixed Price BPA and the offerors price all cost based on the 274,000 hours contained on the price sheets and the BPA’s are issued on the hours contained in the Post schedules (which is less) the offeror will not recoup the costs of operating the contract because the indirects and overhead cost are based on the . Is it the intent of the government that the offerors just accept this built in loss?

Response: Per the notation on Page 4 of the RFP, it is an indefinite delivery, indefinite quantity type contract, not a Blanket Purchase Agreement. The 273,000 hours provided in the Pricing schedule (250,000 productive and 23,000 supervisory) provides a ceiling amount of hours. As referred to in paragraph (b) of the “Indefinite Quantities” clause of this contract, the total contract minimum quantity is a total of $350,000.00 worth or orders at the contract unit price(s). The contract maximum is the total ceiling amount of the contract inclusive of all options.

42) Question: Do all current contract security officers possess DCJS and DHS firearms permits/certifications?

43) Question: Reference: Para 4C Prior to working under the contract, every supervisor and guard must be eligible to possess a valid FPS certification card.

Please clarify what is meant by “eligible to possess” and may they start the contract in the status of “eligible to possess”

Response: Must meet all training requirements and have a favorable adjudication.

44) Question: Do the current security officers and supervisors possess current DHS certifications?

Response: Unknown, the current guard force is not providing services under an FPS-issued

45) Question: Please clarify whether the offeror is required to have an on-site quality control monitor assigned to this contract?

Response: On-site quality control is not required.

46) Question: Reference: Para 7. A. – Under this contract, the Contract Manager and supervisors are designated as “key personnel”. The contractor shall submit a Key Personnel Resume clearly detailing the individuals qualifications and demonstrating ….. How soon after award notice must the offeror provide the CM and Supervisor resumes?

Response: At the post -award meeting.

47) Question: Reference: Para 17.1- Security Officer Certification/Security Requirements and Para 17.4 Suitability Adjudication. Are these two separate and distinct processes?

Response: Yes. Suitability occurs first, and if adjudication is favorable, certification follows.

48) Question: Is the COTR accepting responsibility of processing and following up with FPS on the issuance of the DHS certification cards?

Response: The COTR will coordinate the effort.

49) Question: Is the COTR providing the blank FPS Contract Guard Certification cards to the contractor?

Response: No. The FPS NCR Certification Unit provides the cards.

50) Question: Is the COTR going to process the Contract Guard Certification card transfer action for Offeror employees that will transfer to this contract?

Response: The COTR will coordinate the effort.

51) Question: Do security officers working unarmed posts need to be firearms qualified?

Response: Yes.

52) Questions: What are the Government’s standards for storage of weapons and ammunition?

Response: Government does not provide standards. Awardee submits what they intend to use to store their weapons based on specific locations that require armed guards.

Government will evaluate that plan for final approval.

53) Questions: Are colors other than the uniform color listed in the exhibit acceptable? For instance light blue shirt and dark blue pants.

54) Question: Amendment 1, Question and Answer B.1 (Page 2 of 2): Will the Government confirm that approximately 40% of the current guard force are not U.S. citizens and will be ineligible to work under the new contract?

Response: As stated

55) Question: Amendment 1, Collective Bargaining Agreement (CBA): Are there any pending union grievances or arbitrations that are currently active and may be applicable to the successor contractor?

Response: Unknown.

56) Question: Will a current seniority list be provided to all bidders to accurately determine vacation time, etc.?

Response: No.

57) Question: Exhibit 1, Guard Post Requirements: Exhibit 1 shows a post listed at 8020

Towers Cresent Dr, Tysons, VA 22182. The zip code listed for this location is actually for Vienna, VA. Please clarify the location/address for this building.

Response: The building is located in Vienna, VA.

58) Question: Section 10.2, Contract Effort Required - Supervisory Hours (Page 18) and Exhibit

1: Section 10.2 states that the “minimum supervisory hours required by the Government will be specified on each task order.” Exhibit 1, Post S3 states that “Non-Boston Blvd Locations, may be dispatched to all other sites” from 0600-1400, but the total hours are only 2,920.

This would be insufficient to provide a Lieutenant at all other buildings. Please clarify if the supervisors listed in Exhibit 1 are the only supervisors required under the contract.

Response: The 8-hour shift, as shown in the post exhibit, provides sufficient time to address each non-Boston Blvd location.

59) Question: Section 11, Training: Section 11.2-1(B) (Page 20) states: ““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.

However, additional training may be required on Magnetometer/x-ray if or when the equipment or technology is changed. The training certifications, excluding FPS orientation, are transferable to other FPS Security Officer service contracts, provided that the Contractor can furnish evidence (e.g., a valid, signed certification) that the training was successfully completed during the predecessor Contract.”Do the incumbent security officers and supervisors currently meet the training requirements specified in this RFP?

60) Question: Does the Government have evidence that incumbent security guards and supervisors have successfully completed the aforementioned training?

61) Question: If so, will the training records of the incumbent security officers and supervisors be provided by FPS to the successful offeror after contract award?

Response: Unknown

62) Question: Are the incumbent guards all currently trained on baton and x-ray training?

63) Question: Section 11.4, Weapons Training and Qualification (beginning on Page 20): Is the current weapon being carried on the contract a revolver or a semi-automatic?

Response: Revolver

64) Question: Section 11.4(G), Weapons Training and Qualification (Page 21): It states: “If the weapon platform required under this Contract is different from the guard’s previous qualification, the Contractor is responsible for providing adequate weapon transition training.” Please confirm that 32 hours of transition training is required, as outlined in Paragraph F of this section.

Response: Affirmative

65) Question: Do the incumbent security officers and supervisors currently meet the medical standards specified in this RFP?

66) If yes, will the Standard Form 78s be provided to the successful offeror after contract award?

Response: Unknown

67) Question: Section 15.2-2(C)(4) (Page 30): It states: “For those contracts storing weapons on site, additional ammunition provided shall be stored, and secured on-site by the Contractor.” Is office space currently being provided at no charge to the incumbent contractor for the Contract Manager and supervisors?

68) Will office space be provided onsite at each site by the Government for the storage of weapons and ammunition?

69) If so, how much total time should bidders factor for guard mount?

Response: Approximately fifteen minutes beginning of shift and 15 minutes after a shift for a total of no more than thirty minutes.

70) Question: Section 17.4, Suitability Adjudications (Page 33): Will previously-granted adjudications under the current contract retain their original expiration dates under the new contract?

71) Question: The uniform components list specifies: Boots (1 pair) and Shoes (1 pair). Please clarify if BOTH shoes and boots are required or is it a choice of one or the other?

Response: One or the other.

72) Question: The uniform components list specifies the contractor is to provide body armor to each officer but contains no QTY in the appropriate column. Due to the expensive nature of this item, please clarify if body armor is a requirement under the contract.

Response: Not required.

73) Question: Are the incumbent officers currently certified by FPS? If not, will they be grandfather, or required to be certified prior to contract start, i.e. basic training (64 hrs, FPS orientation, etc.)?

Response: No to both questions above.

74) Question: Regarding Section 11, Training 11.1 General, D, the following is stated: “By contrast, pre-certification training provided by the contractor shall be governed by the payment requirements of the Fair Labor Standards (FSLA)”. Does this statement require payment be made to incumbent employees and persons in training (non-incumbents) to be paid for the training, or no payment if they are not already certified?

Response: Incumbent guards hired by the successor contractor shall be paid at the contract hourly rate. New hires are governmed by the payment requirements of the Fair Labor Standards Act.

75) Question: Paragraph A4 of the amendment states that "Small Business Subcontracting Plan" shall be added under the header sentence that reads " In addition offers consist of and shall include the following items as part of Volume II.

Is this plan in addition to the Socio-Economic Plan required as part of Volume I (Ref Solicitation paragraph III, 1(c) on pages 57 & 58 ?

Response: Yes, the socio-economic plan which measures small disadvantaged business participation as an evaluation factor (see FAR 15.304(c)(4)) is distinct from the FAR requirement in the RFP (see FAR 52.219-9 checked under FAR 52.212-5) for the small business subcontracting plan.

C. All other terms and conditions remain the same.

EXHIBIT 2B

CONTRACTOR FURNISHED VEHICLE REQUIREMENTS

1. Facility:

2. Equipment: Contractor Furnished Vehicle(s)

The Contractor shall furnish a vehicle or vehicles, as indicated below, which shall be used for patrol at the facility and to transport supervisors in the course of supervision duties and emergency response, as may be necessary. The vehicle(s) shall carry distinctive markings of the company, and shall be equipped with a rotation emergency roof light in compliance with applicable state and local laws. The vehicle(s) shall be available at all times during the life of the contract, and must be replaced immediately by a replacement vehicle if removed from operation for any reason(s). It is the Contractor's responsibility to register, insure, and provide proper maintenance for the vehicle(s). The vehicle(s) shall be equipped with a 10 – 15 lb. portable dry chemical, ABC extinguisher, installed and maintained in accordance with NFPA 10, Portable Fire Extinguishers. The vehicles shall be equipped with a conventional, universal first aid kit with Airway pack, Cling bandages, and a minimum of two bite sticks.

3. Vehicle Requirements:

Vehicle Type Estimated Daily Hours

Days Per Week

Estimated Miles Per Day

2 Vehicles (econo-size), no sirens required

24 7 Contract facility coverage per Guard Post Exhibit

4. Other vehicles, including MOPEDS, THREE-WHEELERS, MOTOR SCOOTERS, BICYCLES, etc., described as follows: