Amendment 8 complete with attachments.pdf

(x)

HSHQC6-11-R-00001

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or 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.

x

Grand Prairie TX 75050-1412 Attn: Marcus Mason

OPO/FPS/CENTR CCG/R6

1901 North Highway 360, Ste. 500 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security NPPD/FPS/Central CCG/Region 6

Philadelphia PA 19106 Attn: Patricia Campbell

OPO/FPS/SPECIAL PROJ

701 Market Street, Suite 4200 Ofc. of Procurement Operations - FP U.S. Dept. of Homeland Security NPPD/FPS/Special Projects Team

04/06/2011000008

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

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

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/14/2011

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

ORDER NO. IN ITEM 10A.

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

A. This Amendment incorporates the attached questions and answers applicable to this solicitation. With the issuance of this amendment, the time period for submitting questions has ended.

B. This Amendment hereby provides for this solicitation the updated section 6.8 of the SOW, the updated, Post Exhibits, Exhibit 4, Exhibit 8F, and the first amendment to CBA between

MVM, Inc and SPFPA Locals 777 and 778, as attached.

C. The following paragraph provided in Amendment 000004 is deleted and replace with:

Continued ...

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

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Patricia R. Campbell

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

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.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 57

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSHQC6-11-R-00001/000008

Delete:

Offerors are officially notified that this information is solely certified by the incumbent.

The Government makes no claim to the validity or accuracy of the information provided. Offerors are reminded that the successful offeror shall be responsible for all requirements identified in the solicitation and no waivers will be granted.

Replace with:

Offerors are hereby notified that FPS has determined that approximately 70% of incumbent personnel may not have the appropriate documentation to certify the complete requirement in the solicitation for initial weapons training.

Per this solicitation SOW section 6.6.2.1, 40 hours of initial weapons training is required.

Of the 40 hours, eight (8) hours will be classroom training on firearms, eight (8) hours intermediate weapons training, and 24 hours will be actual training/shooting time on a firing range/firing line exclusive of any waiting or down time spent off of the fining line. The program office has determined that only the incumbent personnel with initial weapons training dates after March 1, 2009 (e.g approximately 30% of the total PSO roster), have current file documentation showing completion of 40 hours of initial weapons training as required by this solicitation. The remaining incumbent personnel file documentation shows completion of 16 hours of "transition" training (which was acceptable per the incumbent contract requirements) and 8 hours intermediate weapons training. As such, based on the terms of the current solicitation, the transition training documentation will not suffice to certify the total number of hours of weapons training required. Offerors should consider this information when determining the amount of training to propose in response to this RFP. FPS recommends offerors consider 32 hours of weapons training (eight (8) hours classroom training on firearms, and 24 hours actual training/shooting time on a firing range/firing line exclusive of any waiting or down time spent off of the fining line) for the affected incumbent personnel. However, if the successful Offeror can provide adequate proof a PSO completed the required 40 hours of initial weapons training (e.g., a valid, legible copy of Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 57

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSHQC6-11-R-00001/000008

a Training Certificate), then in accordance with SOW Section 6.1.1 The Government may honor those certifications.

D. All other terms and conditions of this solicitation remain unchanged.

DO/DPAS Rating: NONE Period of Performance: 10/01/2011 to 09/30/2016

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Questions and Answers

1. Question 155 asks, “Will the Government honor the one-time training as defined in section 6.5.3.2 for those incumbent PSOs that are transferred to the new contract?” The answer references SOW 6.1.1 which states, “The Government may honor certifications for contract PSOs and uniformed supervisors who worked under the predecessor contract and who maintain valid certification credentials that meet current contract requirements.” The weapon type will not change from the current contract to the new contract SOW. However, Para F on the Amendment 4 and the answer to question 199(b)state “For this RFP all PSOs and supervisory PSOs are required to undergo 40 hours of initial weapons training, regardless of whether the individual has previous certification of completing this training.” Please verify that it is FPS’ intent that incumbent PSOs initial firearms certifications are now invalid and that all Offerors, including the incumbent contractor, need to factor the time and cost to provide the 40 hour course to all incumbent PSOs into their Transition Plan and fully burdened labor rates.

Answer: See Amendment 000008

2. Question 83 asks if the Government will accept a college diploma from an accredited institution as proof of education. The answer states, “No, a High School diploma or GED is required.” However, question 99 asks, “Does the government accept higher education diploma in place of HS Diplomas or GEDs or must the PSO have a HS Diploma/GED on file.” The answer states, “The Government will accept a higher education diploma.” Will the government please clarify whether it will accept a college diploma as proof of education?

Answer: A college diploma will be accepted as proof of education

3. Is Attachment 6, Price Element Breakdown for price realism, a required document the contractor must submit with their response? May offerors submit a breakdown in their own format that responds to the RFP requirements?

Answer: The solicitation is clear on its face.

4. In post exhibit 1B-SWA, Clay County, Post ID 3, CLIN 25, Operating days are M-F excluding holidays. Though the total days listed is 362 days, which includes holidays. Can the Government please clarify if this post does include holidays?

Answer: Total days is 262 not 362. The exhibit has been updated.

5. The exhibit only provides hours for the base year, which is a leap year (366 days). Does the government intend to provide hours for the option years, which are only 365 days?

Answer: The initial known Basic PSO Service hours are reflected in the post exhibits provided within this solicitation. Specific hours for the option year would be provided on individual task orders issued if and when the optional ordering period is exercised.

HSHQC6-11-R-00001

Amendment 000008 Page 1 of 54

6. There are a number of buildings that are serviced under the current contract and appeared on the Post Exhibits prior to Amendment 4, but that are not on the post exhibits now. Please verify that it is the Government’s intent that these buildings will not receive service under the new contract?

Post Exhibit 1A - Direct

St. Louis County, National Personal Records Center, Post, ID 2, CLIN 40 (3024 hrs) Post Exhibit 1D - IRS

Clay County, IRS, 3539 Southern Hills Drive, Sioux City, IA, Post ID 1, CLIN 160 (2268 hrs) Webster County, IRS, 205 South 6th Street, Ft. Dodge, IA, Post ID 1, CLIN 53 (477 hrs) Lincoln County, IRS, 300 E 3rd St, North Platte, NE, Post ID 1, CLIN 173 (2268 hrs) Scott Bluff County, IRS, 2001 Broadway, Scottsbluff, NE, Post ID 1, CLIN 174 (2268 hrs) Madison County, IRS, 208 N 5th Street, Norfolk, NE Post ID 1, CLIN 175 (2268 hrs) Jackson County, IRS, 5800 E. Bannister Road, Kansas City, MO, Post ID 1,CLIN 167 (2268 hrs)

Answer: The solicitation is clear on its face.

7. Ref: Amendment 000004 Question #334. Question: We acknowledge your response to the referenced question. Using an 11pt. font within tables and graphics makes it very difficult to convey information within the graphic or table.

Question a. Will the government reconsider the 11pt font requirement for tables and graphics and allow for a smaller font as long as the information presented remains legible and easily readable?

Answer: no

Question b. Further, it is our understanding that since headers and footers are outside the 1" margins that information contained in them is excluded from the 11pt. font requirement. Is this correct?

Answer: no

8. REF: Exhibit 8F: Contractor Provided Vehicles & Post Exhibit 1C.

Exhibit 8F requires a total of three (3) vehicles (two automobiles and one small sport utility type vehicle) for "all locations under this contract", while Post Exhibit 1C only references one (1) vehicle.

Question: How many vehicles are required on this contract and at what location(s) are they required?

Answer: Three vehicles – see updated Post exhibits

9. Can the Government provide the average duration of an Emergency call out services?

Answer: This is an Indefinite Delivery, Indefinite Quantity type requirement. Also, reference Solicitation pages 31 and 32 of 563 under Definitions for Emergency Security Services (ESS).

10. Can the Government provide the average duration of a Temporary Additional Service?

Amendment 000008 Page 2 of 54

Answer: This is an Indefinite Delivery, Indefinite Quantity type requirement. Also, reference Solicitation pages 30 and 31 of 563 under Definitions for Temporary Additional Services (TAS).

11. Can the Government provide the current number of vehicles employed by the incumbent contractor or an estimate of the vehicles required?

Although the Exhibit shows the daily mileage the actual vehicles required could vary widely based on location.

Answer: There are three vehicles utilized by the incumbent contractor and the same is indicated on the updated Post exhibits.

12. Can the Government please provide the current validation dates for all incumbent PIV cards?

Answer: Currently PIV is not a requirement under the incumbent contract

13. The response to Question 376; “If circumstances warrant it FPS personnel may be available if provided advanced notice and coordinated through the COTR. However, this would only apply during the transition” appears to be in direct conflict with Paragraph 2 Management Approach, Sub Para B Transition: “In no event shall any proposed plan for training be dependent upon availability of Government personnel after normal business hours (e.g. overseeing training during evenings and weekends)”. Could the Government please clarify the above?

Answer: The solicitation is clear on its face

14.

Reference Questions 153 and 216

Discussion These questions reference Exhibit 8F, which calls out an additional three vehicle types for contract‐specific use.

Question/Comment Based on Exhibit 1B, we know that one vehicle will be used at Building MO0502. In order to allocate costs appropriately, will the Government please clarify which buildings require each of the three vehicles listed in Exhibit 8F?

Answer: See updated Exhibit

15.

Reference Questions 92, 119, 136, and 181

Discussion Amendment 4 SOW revisions stated that the requirement for both first aid and CPR certifications will be annually regardless of the certifying body’s length of certification. Amendment 4 updated Exhibit 4 still shows first aid length of certification as 3 years.

Question/Comment Will Exhibit 4 be updated to reflect an annual certification for first aid?

Amendment 000008 Page 3 of 54

16.

Reference Questions 199, 221, 288, and 347

Discussion Initial Weapons Training

The answer to question 199 states “For this RFO all PSOs and supervisory PSOs are required to undergo 40 hours of initial weapons training, regardless of whether the individual has previous certification of completing this training.” The answer to this question contradicts SOW 6.6.1.1, which states 40 hours of initial firearms training is required in the event there is a weapons platform change.

Question/Comment Since there is no weapons platform change, please verify the purpose of the weapons training stated in Question 199.

17.

Reference Question 305

Discussion The corrected Post Exhibit 1A, page 6 of 11 provided in Amendment 4 still shows Building MO0531‐MO0547 Post 4 Start and end times totaling 18 hours of coverage and yet the total hours listed in a total of 6 hours.

Question/Comment Will the exhibit be updated to reflect the appropriate start time, end time and hours per day for Post 4?

Answer: See updated Post Exhibit

18.

Reference Question 306

Discussion The corrected Post Exhibit 1A, page 8 of 11 provided in Amendment 4 still shows Building MO1861 Post 2 with a start and end time totaling 6 hours and yet the hours per day states 12 hrs.

Question/Comment Will the exhibit be updated to reflect the appropriate start time, end time and hours per day for Post 2?

Answer: See updated Post Exhibit

19.

Reference Question 307

Discussion The corrected Post Exhibit 1A, page 10 of 11 provided in Amendment 4 still shows NE1430 Post 1 with a start and end time totaling 9.5 hours and yet the hours per day state 8.5.

Question/Comment Will the exhibit be updated to reflect the appropriate start time, end time and hours per day for Post 1?

Answer: See updated Post Exhibit

20.

Amendment 000008 Page 4 of 54

20 Reference Question 308

Discussion The corrected Post Exhibit 1E, page 2 of 12 provided in Amendment 4 still shows IA1443 Post 1 with a start and end time totaling 7.75 hours and yet the hours per day state 8.

Question/Comment Will the exhibit be updated to reflect the appropriate start time, end time and hours per day for Post 1?

Answer: See updated Post Exhibit

21.

Reference Question 316

Discussion The updated Exhibit 8E lists the Contractor provided equipment for each post.

Question/Comment For buildings with more than one post, please clarify that a cell phone is required for all posts in the same building.

Answer: All posts require a cell phone

22.

Reference Question 215

Discussion Amendment 4 Exhibit 1E page 5 of 12 shows MO1988 in Marion County under WD 2005‐2311. Amendment 4 Exhibit 1A page 4 of 11 shows MO0121 in Marion County under CBA 20.

Question/Comment Since both buildings are located in the same county in Hannibal, MO, will the appropriate exhibit be corrected to reflect the accurate source for wages, i.e. WD 2005‐2311 or CBA 20?

Answer: The CBA 20 covers the cities Cape Girardeau, Sikeston, Poplar Bluff and Kennett MO

23.

Reference Question 276

Discussion The corrected Post Exhibit 1A, page 1 of 11 provided in Amendment 4 still shows IA0112 Post 4 with operating days of Sat‐Sun including holidays and yet the total days states 116.

Question/Comment Will government please clarify if the operating days should be Sat, Sun including holidays? If not, will the government please clarify if the total days should be 366 vice 116?

24.

Reference Exhibit 1A, Direct Page 7 of 11

Amendment 000008 Page 5 of 54

Discussion Building MO1867 Post 1 shows Sat‐Sun including holidays for a total of 366 days. Sat‐Sun is only 2 days a week not 7 days.

Question/Comment Will the post exhibit be updated to either reflect a total number of days as (104 for 2 days a week) or a change in the description of Operating days to Sun – Sat including holidays?

Answer: Post exhibit was updated to reflect: Sun-Sat including holidays

25.

Reference Exhibit 1B – SWA Page 4 of 6

Discussion Building MO1832 Post 3 is for Mon‐Friday excluding holidays. The Total Days worked is showing 262 instead of 252 as used throughout the document for all other buildings working this same period of performance.

Question/Comment Will the post exhibit be updated to reflect the correct total days of 252?

26. Medical Exams Requirement. We have had experiences over the past several years involving contracts with other federal agencies where they agency modified the physical requirements for working on the contract. These changes resulted in extensive litigation involving both our Company and the government agency as defendants. For example, the United States Marshals Service changed the physical examination requirements for Court Security Officer (“CSO”) position in several ways (e.g., requiring that a CSO pass certain hearing tests without the use of a hearing aid, even if the CSO wears an aid on a full-time basis). Many CSOs who had been working for years failed the examination, and we had no choice but to terminate their employment. They brought numerous disability and age discrimination lawsuits against our Company and, in some cases, also sued the government agency, claiming that the agency was a “joint employer” or “co-employer.”

The basic argument made by terminated employees is that the actual job they are performing has not changed and that they have been performing the job satisfactorily. The burden is on the contractor and the Government to demonstrate that the medical testing measures attributes that are bona fide occupational requirements.

On this contract, it seems certain that the Contractor will be required to defend in court that the various physical requirements in the RFP are bona fide occupational requirements. On a contract of this size, the Contractor will likely be forced to defend a large number of lawsuits. For this reason, it is important for bidders to have as full an understanding as possible about the process that FPS followed to arrive at this new medical requirement.

Accordingly, we respectfully submit the following questions in connection with the change in physical requirements in order to assess the likelihood of success in defending termination actions against incumbent employees.

(a) What is the reason for the change? Was there an event that resulted in a re-examination of the job requirements?

Amendment 000008 Page 6 of 54

(b) Could you describe the studies that were done, if any, to validate the new requirements as being necessary for the PSO position? Who conducted any such studies? Will FPS make these studied available to bidders?

(c) If no studies were done, could you describe the analysis and the conclusions for why the new physical requirements were implemented?

Answer: (a) The changes are a result of an FPS Job Task Analysis (JTA)

(b) FPS contracted through the U.S. Office of Personnel Management (OPM) for the JTA. Any requests for a copy must be through the established FOIA process.

(c) Not applicable

27. Medical Questionnaire (Question #143). We are still unclear about the exact process that FPS intends for the Medical Questionnaire. Question #143 asks “Who ultimately determines whether a candidate is qualified?” and the answer to the question is “A licensed physician”. This implies that FPS will not play a role in assessing the results shown on the Medical Questionnaire. Please clarify how FPS will treat comments provided in Section 3 of the form in the Limiting Conditions section.

a. If the physician makes any notes of any sort in the “Limiting Conditions” section, does this mean that the individual will automatically be considered unqualified to work on the contract?

b. If the physician checks the box entitled “No limiting conditions noted” and makes no notes of limiting conditions, will FPS become involved in the process if it disagrees with the physician’s opinion?

c. If it is intended that an FPS reviewer will be involved in assessing the information provided by the physician in the Questionnaire, what medical training and background will this reviewer have?

Answer: (a) Yes, as stated on page 1 of Exhibit 7, in italics: “A physician’s determination of a limiting condition will result in a failure to meet required medical standards.”

(b) In that the Region has no medical expertise, the burden and associated liability of determining medical fitness rests with the physician. If a Region disagrees with a physician’s determination or has concerns an individual PSO medical and physical capabilities are limited and he/she cannot perform in accordance with the contract and can cite specific reasons for unsatisfactory performance, Region should consult CO and/or seek action under section 10.3 Government Directed Removal of Contract Employees.

(c) In that the Region has no medical expertise, the burden and associated liability of determining medical fitness rests with the physician. FPS personnel are responsible to review/validate that the contractor is meeting all contractual requirements for training and certification documentation.

28. Base Year Clarification. Question 93 asked about the length of the base year in the event that the contract award is delayed. While the answer addressed the total length of the contract, it did not specifically verify the length of the base year. This is critically important to bidders, because start-up costs are typically added to the Base Year rate. A shortened base year would mean that the contractor

Amendment 000008 Page 7 of 54 would not recover all of the very substantial start up costs on this contract. Could you please verify that the base year will run for twelve months, regardless of the actual start date of the contract.

Answer: This is an Indefinite Delivery, Indefinite Quantity (IDIQ) type of contract. The only guarantee is the minimum number of hours as stated in the solicitation. Also reference Solicitation pages 33 and 34 of 563 paragraph “Term of Contract” and page 82 of 563 paragraph “Period of Performance”.

29. Section 2.1.2 Phase-In. This section is clear about the limits on contact with incumbent employees while they are on duty. Is the new Contractor also expected to schedule any transition training activities so that they do not interfere with the established work schedule of the incumbent employee?

Answer: Yes.

30. Training Requirements. Question 17 started that the training requirements in this RFP are different from the incumbent contract. In order for all bidders to understand what training the incumbent force has had (and therefore accurately price the new training that is needed during the transition period), can you please describe the specific differences between the training requirement on the current contract and new contract.

Answer: See Amendment 000008. Also reference Amendment 000004 which provided the list of training completion dates from the incumbent contractor. The solicitation is clear on its face regarding the training requirements for solicitation and resultant contract. The successful Contractor is responsible to ensure all PSOs meet all legal and contractual training and certification requirements prior to the PSO standing on post. Reference RFP page 149 of 563, SOW Section 7.3.1.5 for information that must be contained in each PSO file under the resultant contract.

31. Section 6.6.2 Weapons Training. This section states that “24 hours will be actual training/shooting time on a firing range/firing line exclusive of any waiting or down time spent off the firing lines.” We understand that FPS wants to emphasize that time spent waiting off the line while another group is being trained does not count towards the 24 hours requirement.

A typical training arrangement uses a “shooter/coach” method where two candidates work together on one lane. The coach is actively involved, participating in all instruction and helping the shooter as needed. Would you please verify that this type of training methodology is consistent with the requirements of Section 6.6.2?

Answer: This training methodology is fine as long as it is understood the “coach” does not receive credit for the 24 hours if they are not actually firing the weapon. In order to receive credit for the 24 hours of actually shooting time, the individual must be firing the weapon on the range, and not coaching another person on the line.

32. Paragraph F, Amendment 4. This paragraph contains the requirement that all incumbent PSOs must undergo 40 hours of initial weapons training, even if they are currently certified with the weapon.

Section 6.1.7.1 of the SOW states that any currently certified PSO attending training to maintain their certification status (including weapons transition training) should be paid in accordance with the applicable CBA or prevailing wage determination. We realize that the language seems very clear.

Amendment 000008 Page 8 of 54

Because of the cost impact of this, however, could you please verify for bidders that all incumbent employees must be paid at their current CBA or WD rate during weapons transition training.

Answer: This is correct

33. Solicitation Provisions Page 15, paragraph b(3) (RFP page 30 of 563) and Q&A # 12 address escalation of wages for non-CBA/non-Wage Determination personnel such as supervisors.

Question: Will the government allow offerors to provide a weighted average cost per year for non- CBA/non-Wage Determination personnel or is a year-over-year wage escalation strictly mandated?

Answer: The question appears to ask for guidance on pricing employee positions that are not covered under the Service Contract Act, as defined under FAR 52.222-41. For such employees not subject to the Service Contract Act, the FAR 52.222-43(b) language prohibiting the pricing of contingent increased wages and accompanying costs would not apply. Therefore, pricing for wages and related costs for non- Service Contract Act employee positions are permitted to be escalated in accordance with the company’s accounting practice and/or pricing strategy.

34. Amendment 000004, Question #122 relates to the Statement of Work.

Excerpt from Q&A:

122 Section: SOW – 9.6.3

This section states that “PSO’s will conduct and record performance test of security equipment as directed in the Post Orders.

Conduct of these performances test may be conducted daily, weekly, or monthly on security equipment such as walkthrough and hand-held metal detectors, x-ray machines, ionizers, air samples, under-carriage inspection systems, active traffic barriers, and other automated security services”.

Will all PSO’s receive additional training that will enable them to conduct such test on the security equipment located on their post?

How will that training be initially documented and the performance test periodically logged?

See #121 above

Question: Please identify those sites that require prior training for specific equipment and what the specific equipment is at each of these sites so offerors can accurately gauge the training effort required.

Answer: This information will be provided to successful offeror

35. The Government’s answer provided for Question # 121 states that incumbent PSOs will not be grandfathered if a new documentation process is used for specific training.

Excerpt from Q&A:

121 Section: SOW – 9.6.1

This section states that “No PSO shall work on any post containing security equipment without prior training on that specific

a. The contractor

b. At Contractor’s discretion

Amendment 000008 Page 9 of 54 equipment”.

a. Please clarify who will conduct the required training associated with the specific equipment that is on each post?

b. How will that training be documented?

c. Will previously qualified PSO’s be grandfathered if a new documentation process is used?

c. No

Question: Does the Incumbent Contractor currently document PSO training on specific equipment?

Answer: Xray/Magnetometer

36. Post Exhibit 1A

Post 4 at Building MO0531-MO0547 is listed with a daily schedule of 1100-0500 for a total of six (6) hours per day.

Question: Should the daily schedule read 0500-1700 or should the daily hours total be 18 hours?

Answer: See updated Post Exhibit

37. Post 2 at Building MO1861 is listed with a daily schedule of 0600-1200 for a total of twelve (12) hours per day.

Question a: Should the daily schedule read 0600-1800 or should the daily hours total be 6?

Post 1 at Building NE1430 is listed with a daily schedule of 0800-1730 for a total of eight and one-half (8.5) hours per day.

Question b: Should the daily schedule read 0800-1630 or should the daily hours total be 9.5? Is there a one hour unbilled meal-break?

Answer: See updated Post Exhibit

38. Post 2 at Building NE0531 is listed with Operating Days of “Wed-Thur including holidays.”

However, the Total Days column lists 252 days.

Question: Please clarify how many days per year/annual hours this post is required to be staffed.

Answer: See updated Post Exhibit

39. Post 3 at Building NE1477 is listed with Operating Days of “Wed-Thur including holidays.”

However, the Total Days column lists 252 days.

Question: Please clarify how many days per year/annual hours this post is required to be staffed.

Amendment 000008 Page 10 of 54

Answer: See updated Post Exhibit

40. Post Exhibit 1B - Post 3 at Building NE1428 is listed with Operating Days of “Mon-Fri including holidays.” However, the Total Days column lists 252 days.

Question: Please clarify how many days per year/annual hours this post is required to be staffed.

41. Post Exhibit 1E - Post 1 at Building is listed with a daily schedule of 0845-1630 for a total of eight

(8) hours per day.

Question: Should the daily schedule read 0845-1645 or should the daily hours total be 7.75?

Answer: See updated Post Exhibit

42. Amendment No. 000004 to the solicitation provided offerors with new Post Exhibits 1A-1E per site government site changes and offeror guidance through the Q&A process; however, the hours provided on Standard Form 1449 and “Attachment - Schedule of Supplies Services and Prices-final” spreadsheet have not changed per these updates.

Question: Please update the hours on Standard Form 1449 and the “Attachment - Schedule of Supplies Services and Prices-final” spreadsheet to reflect the newest Post Exhibit hours totals for the Base Year and each subsequent Option Period so offerors can accurately price this solicitation.

Answer: There is no update necessary. The solicitation includes estimated hours for Basic PSO Services that may be ordered by the Government, which exceed the initial known basic PSO Service hours reflected in the post exhibits. Similarly the solicitation includes estimated hours that the Government may order for TAS and ESS. Reference RFP page 28 of 563 under the Minimum and Maximum Quantities clause paragraph b, which states in pertinent part: “The current, known service requirements are set forth in the attached Post Coverage Exhibits and are provided for informational purposes only. The Government reserves the right to order up to the maximum quantities set forth in the Schedule regardless of the contents of the Post Coverage Exhibits attached to this contract to address unforeseen requirements such as the addition of new posts/buildings/location and/or expansion of duty hours at existing posts”.

43. The “Price Element Breakdown” spreadsheet only provide for four (4) option periods yet the Standard Form 1449 and the “Attachment - Schedule of Supplies Services and Prices-final” spreadsheet obligate offerors to provide unit hourly rates and cost totals for the 6 month extension period.

Question: How does the government intend for offerors to provide unit hourly breakdowns for the 6 month extension period on the “Price Element Breakdown” spreadsheet? Can offerors modify the Price Element Breakdown worksheet to include this 6 month extension period?

Answer: Offerors can modify the Price Element Breakdown worksheet to include this 6 month extension period.

Amendment 000008 Page 11 of 54

44. Exhibit 8F identifies three (3) vehicles that offerors must provide for use under this contract;

however, Post Exhibits 1A through 1E only identify one location that requires the use of a vehicle.

Question: Please identify where each of the three required vehicles are stationed.

Answer: Post exhibits were updated indicating locations

45. Amendment No. 000004, Question and Answer #27 Excerpt from Q&A:

27 SOW Para 12.1.2 Breaks (RFP page 163 of 563)

If no state requirement or CBA article requires breaks to be provided, does the FPS mandate any specific breaks for rest periods or lunch? (For example two 15-minute breaks per hours worked, with 30 minute lunch period)

FPS does not mandate specific breaks, rest periods, or lunch.

Refer to the applicable CBA and/or Wage Determination and Department of Labor for guidance

Question: In situations where there are no federal-, state-, local- or CBA-specified break and meal break requirements, does the Government consider it realistic for offerors to assume no relief periods when posts must be manned continuously?

Answer: Each Offerors relief plan provided within its proposed management approach and as identified in the detailed breakdown of its proposed prices will be evaluated in accordance with the evaluation criterion as established for this solicitation. The Government may use the detailed breakdown to conduct a price realism evaluation for the purpose of measuring the Contractor’s understanding of the solicitation requirements and for assessing the performance risk inherent in the Contractor’s price.

46. Reference Amendment No. 000004, Question and Answer #59 Excerpt from Q&A:

59 RFP Page 73 of

States “The Government defines a Lead PSO as a single point of communications at a facility, identified by post orders, for the purpose of communicating operation and facility specific info to the security force at a facility.” Do the current Post Orders designate any posts as Lead PSOs?

a. If so, which ones? (If not, shall Offerors assume that all Supervision proposed must be in addition to the current productive post hours required in Exhibit 1?

b. Or can Offerors propose that certain posts be designated as Lead PSOs as part of their supervision plan?

Yes, some current post orders designate some posts as Lead PSO.

a. Below are the locations whose post order designate a lead

PSO:

MO1867 – USDA,

6501 Beacon Drive, Kansas City, MO

MO1861 – FAA, 901

Locust, Kansas City, MO

MO1937 – IRS, 333

Amendment 000008 Page 12 of 54

W. Pershing Road, Kansas City, MO

KS1540 – EPA, 901

North 5th, Kansas City, KS

NE1380 – USCIS, 850

S Street, Lincoln, NE

NE1428 - USCIS,

1301 West Highland Boulevard, Lincoln, NE

b. Reference RFP page 72 and 73 and 162

Question: What are the specific post coverage requirements for the Lead Officers identified in this Q&A?

For example, is it merely 40 hours per week, even though a post is 24/7, or is a Lead Officer on duty 24/7?

Answer: MO1867 – Monday-Friday excluding holidays – 8 hrs per day

MO1861 – Monday-Friday excluding holidays – 12 hrs per day MO1937 – 24/7 including holidays KS1540 – Monday-Friday excluding holidays – 12 hrs per day NE1380 – Wednesday & Thursday including holidays (if the holiday falls on Wed or Thur) – 8 hrs per day NE1428 – Monday, Tuesday, Friday including holidays (if the holiday falls on Mon, Tues or Fri) – 8 hrs per day

47. Amendment No. 000004, Question and Answer #177

Post Exhibit 1A – 1E

Can the Government please identify fixed and roving (vehicle or foot) posts on the post schedules? This data is necessary to establish vehicle needs and to determine availability of rovers to provide relief to fixed posts.

See Amendment 000004

The Government did not provide an answer to both questions posed in Question #177: “Can the Government please identify fixed and roving (vehicle or foot) posts on the post schedules? This data is necessary to establish vehicle needs and to determine availability of rovers to provide relief to fixed posts.”

Question: Please identify on Post Exhibits 1A, 1B, 1C, 1D & 1E which posts are roving posts and whether or not a vehicle is required.

Amendment 000008 Page 13 of 54

Answer: Post exhibits were updated to indicate vehicle locations. Roving post locations will be provided to the successful offeror

48. Please clarify whether or not rovers are able to provide relief to fixed posts.

Answer: No. If a rover is providing relief for a fixed post, then that rover post is considered to be an open post.

49. Amendment No. 000004, Question and Answer #183 and 332

183 Proposal Submission Requirements – Section 2

This section states the SF1449 is required to be signed and used as a cover page for the proposal. For the technical proposal submission, does the Government prefer the cost data to be redacted from the SF1449?

Yes

332 The Addendum to

FAR 52.212-1,

Instructions to Offerors, Proposal Submission Requirements, Subpart 2 on page

The Addendum to FAR 52.212-1, Instructions to Offerors, Proposal Submission Requirements, Subpart 2 on page 68 of 563 provides in relevant part, “Standard Form 1449, Solicitation/Contract/Order for Commercial Items – When responding to this RFP the Contractor must use the Standard Form 1449 as a cover page to the proposal.”

Question: Is the Standard Form 1449 the cover page for only the price proposal or is it also required as the cover page for the technical proposal?

Question: Does the government require that offerors fill in boxes 23 and 24, unit prices and amount, of Standard Form 1449, or do offerors just have to submit “Attachment – Schedule of Supplies Services and Prices- Final.xls?”

Offerors shall complete the SF 1449 along with the continuation sheets and must include this with the price proposal.

In addition Offerors are requested to complete and submit a soft copy on a CD of the Schedule of Prices in MS Excel format.

See Amendment 000004 for additional clarifications on proposal submissions

Question: The Government’s “Yes” response to Question #183 relates to the question “For the technical proposal submission, does the Government prefer the cost date to be redacted from the SF 1449?”

However, in response to Question #332 the Government indicates that the SF 1449 is only included in the price proposal. Please clarify if a redacted SF1449 copy must also be included in the technical proposal.

Answer: See Amendment 000004 for the revised Proposal Submission Requirements. You do not need to include the 1449 with the technical proposal. The complete 1449 with the continuation pages and all signed amendments shall be included with the price proposal.

Amendment 000008 Page 14 of 54

50. The SF30 and the answer to Question 199 indicate that all PSO and Supervisors must complete the 40 hour initial weapons training, even if they have completed previously. Page 55 of 114 of Amendment 4 in Exhibit 5 states that Contractor Basic Training is a “one time” course. Page 29 of 114 of Amendment 4 in Exhibit 4 states that Initial Weapons Training is a “one time only” course. If this is a onetime only course and all incumbent PSO’s have completed this course and subsequent annual weapons re-qualifications, then what has occurred that this training is required again?

Answer: See Amendment 000008

51. Exhibit 8F has been amend to include 3 required vehicles. In the Post Exhibits only 1 reference can be found requiring a vehicle and that is for the GSA Hardesty Building in Kansas City.

Where are the other two vehicles required and why the requirement for a SUV type vehicle?

Answer: See updated Post exhibits

52. Reference Amendment 4 Q&A #38. This Q&A addresses personnel who have been hired and are working on DHS/FPS contracts where DD214’s have been accepted as proof of High School/GED and who may have been hired and are working with only college experience. The answer to this question indicates that there will be “no grandfathering” on these issues of personnel currently working on the contract.

Will the government provide a list of personnel that will need to be removed from the contract as a result of this determination as replacing these officers will factor into pricing?

How does the decision to “not grandfather” officers who previously met the requirements and were hired correlate with the provisions of Presidential Executive Order 13495 regarding the Non Displacement of Workers Under Service Contracts?

Answer: Under the incumbent contract all PSO files currently have an acceptable proof of education in accordance with the requirements of this solicitation.

53. Reference Amendment 4 Q&A #42. Is it the intent of the Government to have Contractor employees travel to these few designated government designated training locations or will the government send training personnel to mutually agreed upon training locations other than these?

Answer: PSO will be required to travel.

54. Reference Amendment 4 Q&A #44. Please confirm that these are the only locations for final PIV processing for new hires and incumbents when renewals are issued?

Answer: Presently these are the anticipated PIV locations, subject to change.

55. Reference Amendment 4 Q&A #51, 52. 53. 54. and 85. These answers references updated Post Exhibits as presented in Amendment 3. Is this information correct?

Answer: The response should have said see Amendment 4

Amendment 000008 Page 15 of 54

56. Reference Amendment 4 Q&A #73. This answer indicates that all other company officers that visit the work sites must receive formal suitability adjudication by FPS. Most of these buildings are Public Buildings that do not require the general public to have a clearance to enter. Is it the intent of this answer to require non-uniformed company personnel to have a FPS adjudication to enter the building?

Answer: See SOW Section 5.3.1.1

57. Reference Amendment 4 Q&A #121. This answer indicates that the contractor will provide training on post specific security equipment. Who will provide the training to the contractor in order that the training can be provided to PSO’s?

Answer: The vendor that installed the equipment

58. Reference Amendment 4 Q&A #150. This answer indicates that there are relatively long term TAS projects currently in progress. Will the government provide a list of the locations of these projects and who the government client agency is?

Answer: No, not as part of this solicitation. Locations may be provided to the successful offeror.

59. Please advise if all Protection officers require weapons training/qualification upon contract start-up regardless of if the officer is an incubment officer with valid/current training certifications (for weapons).

The SOW suggests (at multiple places) that all officers require this training during start up. Please clarify if this includes incumbent officers with a current/valid guard/gun card.

60. It would appear that the existing contract still has option periods. Please advise if the requirements have changed for the incumbent contractor and if this change is the basis of the new procurement. If the requirements have not changed or if the change in requirements are not the basis of the re-compete (while option periods remain), please advise as to the basis of the decision to recomplete the contract (the reason why this question is being asked is that, for pricing purposes, the ability to amortize costs through the life of the contract determins annual costs and a root assumption of how long the contract will be sustanined -assuming acceptable performance - factors into the amoritzation of costs.)

Answer: See Amendment 000004 Q&A #195

61. Can incumbent contractor provide a list (or provide the number) of individuals working on the current contract that don't have at least 3 years of guard/military experience or a law enforcement academy certificate?

Answer: No, not as part of this solicitation

62. The response to question #176 indicates the medical standards for the incumbent contract were different than the standards for this contract. Can a copy of the previous medical standards be obtained?

Amendment 000008 Page 16 of 54

Answer: Requests for the incumbent contract requirements can be made in accordance with the Freedom of Information Act (FOIA).

63. The response to question #195 indicates the requirements for this solicitation are different from the incumbent contract and that is why the current contract is being re-compted. When this contract is awarded if the requirements change would the contractor be given an opportunity to meet the new requirements prior to - or would the contract also be re-compted?

Answer: Such a determination would be made in accordance with the applicable Federal Acquisition Regulations (FAR) depending on the circumstances. (Reference FAR part 43 contract modifications, FAR 52.212-4 Contract Terms and Conditions - Commercial Items and FAR 17.207 Exercise of Options)

64. Reference Exhibit 7 (attachment 2 - During the Test (For Bench, Stepmill, Treadmill) Physican instructions). Instructions indicate to note time of day so time in between tests may be determined. If a candidate fails the test, does the government have a requirement for when retesting can occur? Is there a minimum time period they would have to wait to be re-tested?

Answer: There is no “hard” requirement for a wait period before retesting. However, Attachment 2:

Physical Abilities Testing Manual; Candidate Requirements: provides three recommendations prior to testing. One of those recommendations —“Candidates should avoid heavy physical exertion at least three hours prior to test”.

65. Reference Amendment 4 SOW section 6.8 revision. SOW revision replaced 6.8 in its entirety. The original SOW included detailed subsections for 6.8.1 and 6.8.2 spelling out requirements. Are these requirements no longer applicable? If this is correct, are the details for compliance to 6.81. and 6.8.2 now left to the contractor to interpret and apply?

Answer: See Amendment 000008 for updated SOW Section 6.8

66. Revised Exhibit 8e, paragraph 4 reads:"cellular telephones will have the capacity for two-way communications…" Does this mean that cell phones are required to have "push to talk" capability?

Answer: All cell phones must have capacity for two-way radio. Push to talk or similar type services will be at the offeror’s discretion.

67. Revised Exhibit 8f indicates estimated mileage per day but does not include indicate the number of vehicles required other than to say that the "Vehicle Requirements (section 3) apply to "All locations under this contract" Section 1). Please clarify.

Answer: See updated Post exhibits

68. Reference Amendment 4 Q&A #61. The original question was asked as an "either or" regarding the number of past Performance references for a JV. The answer was "yes" but "yes" to which option?

Amendment 000008 Page 17 of 54

Answer: “Yes” was in response to the following question: If two companies form a joint venture and also use a small business subcontractor, will they be allowed to submit nine past performances – three for each partner in the JV and three for the subcontractor.

69. Reference Amendment 4 Q&A #79. If CBT is not active, then please confirm that Exhibit 4h is not applicable to this RFP even though it is included in the documents (exhibit) and is implied as required in the answer to question 42.

Answer: The response provided in Amendment 000004 Q&A #79 states: “Computer-Based Training (CBT) is not active. This section is not applicable at this time”.

70. Exhibit 8F. The quantity of vehicles is still missing. Please clarify.

71. SF3, #14. Description of Amendment/Modification, Item F. “All PSOs and supervisory PSOs are required to undergo 40 hours of initial weapons training, regardless of whether the individual has previous certification of completing this training. Q&A #17 states all incumbent PSOs are considered current.

However, Amendment 4, Exhibit 4, one-time only also FSP has normally accepted previously received…