HSHQEC-12-R-00006 AMEND 0002.pdf

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HSHQEC-12-R-00006

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2 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.

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Philadelphia PA 19106 Attn: Lauren Walding

OPO/FPS/EACCG/R11/C

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security NPPD/FPS/East CCG/Region 11/Group C

Philadelphia PA 19106 Attn: Lauren Walding

OPO/FPS/EACCG/R11/C

701 Market Street, Suite 4200 Ofc. of Procurement Operations - FP U.S. Dept. of Homeland Security NPPD/FPS/East CCG/Region 11/Group C

03/21/2012000002

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

02/23/2012

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.)

See page 2 of this amendment.

For any questions, regarding the subject RFP please contact Contract Specialist, Lauren

Walding via email at Lauren.Walding@dhs.gov or via telephone at 215-521-2279.

DO/DPAS Rating: NONE

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)

MICHELLE DUFFY

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.

Solicitation Questions and Answers:

1. Please confirm that the awarded contractor must be in the 8(a) program at the actual time of contract award and any 8(a) company whose credentials expire prior to that date are ineligible for award.

Answer: The procurement will be conducted in accordance with all applicable laws and regulations.

2. Can the government please declare the technical proposal page limit. Notice the discrepancy of 20 or 15 pages.

Answer: As indicated on pg 7 of the Notice to Offerors, “Proposal Page Limitation- Excluding the cover page and past performance forms and questionnaires, the technical proposal (covering all non price factors) is limited to 15 pages. Pages in excess of this limitation will not be evaluated.”

3. Can the government please provide the current contractor(s) and current contract cost including all deductions and modifications?

Answer: The current contractors are Jenkins Security Consultants and SecTek. Contract cost information is proprietary information and may not be released.

4. Please confirm that the use of projects performed by key personnel will not count against the total page limit or against the offeror’s (3) past performance form (ppf) limits. For clarification if I have a subcontractor I can provide (3) ppf for myself, (3) ppf for my subcontractor, and (3) for key personnel.

Answer: As stated on Page 63, Paragraph 3 “Page Limitation - Excluding the cover page and past performance forms and questionnaires, the technical proposal (covering all non-price factors) is limited to fifteen (15) pages in at least 11pt. font and 1” margins. Pages in excess of this limitation will not be evaluated.”

The Government allows offerors to submit up to 3 Past Performance Projects (PPP) for themselves and 3 PPP for subs; however, the Government doe not allow the offerors to provide an additional 3 PPP for key personnel. PPP submitted for key personnel count against the contractor or subcontractor depending on who the key personnel is working for.

5. Please confirm that the post exhibits are the most recent and reflect the total number of current PSOs at all ATF sites under this solicitation.

Answer: Yes, the post exhibits are the most recent.

6. The CBA in force for the USDA service center expired 03/31/2011. Can the government confirm this CBA has expired and all PSOs at the associated USDA service center are no longer bound by the previous labor agreements?

(Discontinuity of this information will effect an offeror’s pricing and the governments evaluation of best value based on said pricing)

All offerors must propose in accordance with the labor rates contained in the Wage Determination(s) incorporated into the solicitation. See page 7 of this Amendment.

7. Does the government anticipate use of a “best and final offer” for this solicitation?

Answer: As indicated on page 73 of the solicitation under Basis for Selection, “The Government will select the responsible Contractor whose proposal, in conforming to this RFP, provides the overall best value to meet the Government’s requirements, price and non-price factors considered. Only apparent successful contractors determined to be responsible pursuant to FAR 9.104-1 will be issued a contract.” Furthermore, page 63 under Section C: Solicitation Provisions: Proposal Submission Requirements, paragraph 4 of the solicitation indicates that, “Contractors are informed that it is the Government’s desire to make award on initial proposals when deemed possible by the Contracting Officer, however the Government reserves the right to communicate and/or negotiate with offerors if later determined necessary.”

8. The contract start date is December 1, 2012. Per the CBA between SecTek and International Union, Security, Police and Fire Professional of America (SPFPA), economics in the CBA expired on 6/30/2011. Is there an Addendum/LOU with current economics or are offerors to use the last economics listed for the effective date of 07/01/2010-6/30/2011?

Answer: All offerors must propose in accordance with the labor rates contained in the Wage Determination(s) incorporated into the solicitation. See page 7 of this Amendment.

9. The contract start date is December 1, 2012. Per the CBA between Jenkins Security Consultant and National Union of Protective Services Associations (NUPSA), economics in the CBA expires on 11/30/2012. Please confirm if offerors are to use the last economics listed for the effective date of 12/1/2011-11/30/2012.

Answer: The current economics are the ones set forth in the CBA and shall be used by the vendors in their price proposal.

10. Will TAS be billed at regular rate if FPS provides contractor at least 72 hours advance notice of TAS requirements?

Answer: TAS services will be funded at the TAS rate as described in the solicitation

11. Are there any additional agency suitability or clearance requirements?

Answer: As indicated on the Post Exhibit, the PSOs under this contract require DHS Suitability.

12. While attending the pre-proposal meeting via teleconference, offerors were informed that the government would accept a 1-page supplemental detailing the history of any teaming agreements proposed for this requirement within the past performance section. I just wanted to confirm that this exception will be addressed in a forthcoming amendment and will take precedence over RFP Section Proposal Submission Requirements – 3. Page Limitations.

Answer: On page 65 paragraph D states, “Where contractor teaming arrangements (as defined at FAR Subpart 9.6) are proposed, a narrative and/or the actual Teaming Agreement if one exists, shall be submitted as part of the proposal which clearly details the roles, responsibilities, and distribution of effort (by type and percentage) between the parties in performance of the Government’s requirement. This information should be provided by the managing partner of the joint venture or the prime contractor as a one (1) page supplement to its Past Project Forms (Attachment 3) and will not count against the 15-page size limitation on the proposal.”

13. In accordance with the input from the SOW above, does this opportunity requires a Maryland state licenses in security for this contract or because it’s a federal opportunity, a state license is not required? Which state required documents are needed?

Answer: Yes, Maryland laws apply.

14. It is the contractor’s understanding that the PTS system is not currently in use.

Will this system be in use upon start-up of this contract? If not, will the COR require weekly submissions of 3430’s with 139’s serving as support documentation to verify correct billing and labor hours worked?

Answer: Yes, the Contractor will submit DHS Form 139’s to the COTR. The system is still under development and is not likely to be operational at startup.

15. Does this contract and the incumbent PSOs currently meet all requirements of HSPD-12 and possess the necessary PIV credentials? If not does the government expect this process to completed during the new contract POP?

Answer:

Some incumbent PSO’s may require background checks to be updated. FPS changed the investigation requirements from an NACI to an MBI. Those officers with an NACI and those with expiring suitability will require a new investigation.

The incumbents do not have PIV cards issued by FPS. The process for issuing the cards is that the contractor must complete the PIV forms and submit them to the COTR. Once the completed packages are submitted to the PIV card section, appointments are scheduled in accordance with the PIV Card Section’s timetable. That is dependant upon the number of overall Federal employees and contractors that need to be processed by the PIV card center for all contracts.

16. Will this contract require any FCL? If so, will FPS sponsor the resultant awarded for clearance if it is not currently possessed?

Answer: No, only DHS Suitability as stated.

17. Can the government please provide what cities FPS inspectors will dispatch to, to provide training or contractor provided training oversight? Are there any limitations on where inspectors will go?

Answer: FPS Region 11 will only send inspectors to monitor training within their assigned Region. In this case Region 11 which is Washington DC and suburbs.

18. Can the government please provide the estimated walk time between posts at the ATF National Laboratory?

Answer: Depending on the pace, the estimated walk-time is 5-15 minutes.

19. Will the government provide office resources for a site-supervisor at any of the PSO locations?

Answer: FPS does not guarantee that any office space will be provided. The decision to provide space is up to the individual tenant agencies. They may provide such space but there is no guarantee that they will always continue to do so.

20. Are all incumbent PSOs trained, certified and qualified in accordance with the requirements in the new SOW? If not, please advise what training is needed for the incumbents. Or are all incumbents’ needs to be re-trained?

Answer:

All incumbent PSOs may not necessarily be trained, certified and qualified in accordance with the SOW. Some officer working on newer FPS contracts may meet the standards.

FPS changed some of the requirements from what was stated in the older contracts. The firearms qualification requirements are different in that the standard was changed from an annual qualification standard to a semi-annual standard. Officers may be required to qualify with the weapon that they carry. X-ray/mag training requirements is being extended from 8-hrs to 16-hrs. There were also changes in the drug testing and medical requirements required for certification. FPS changed the background check requirements for Suitability. FPS requires an MBI some officer may have a NACI, which is no longer used by FPS. Anyone with a NACI will require an updated investigation.

21. What model 9mm semi-automatic weapon do incumbent officers carry at each location?

Answer: The model of the 9mm semi-automatic weapon is up to the contractors for the sites as long as they meet FPS requirements. The model types may vary from site to site.

22. Do all incumbents meet the medical and physical agility standards of the new SOW and contract?

Answer: No, FPS changed the requirements. The new requirements are different from past SOWs.

23. Have incumbents been trained on use of the N-95 respirator and have in their possession?

Answer: Older contracts did not require N-95 masks although it was an OSHA requirement. Some officers may not meet all N-95 requirements.

24. What is the travel time from weapon storage area to the post?

Answer: Depending on the pace, the estimated walk-time is 5-15 minutes.

25. The SecTek CBA allots 30 minutes for combined gear up and gear down. The Jenkins CBA does not allot any time for guard mount. Will FPS allow vendors to price the same 30 minute gear up and gear down at all locations? Will this be price adjustable in the future?

Answer: Any costs associated with this contract should be factored into the contractors’ price proposal. Any adjustments will be made only in accordance with applicable laws and regulations.

26. Will FPS sponsor or assist contractor in obtaining PIV cards?

Answer: FPS will issue FPS PIV cards.

27. The onsite supervisory post exhibit list start and stop times for each post. As supervisors are not productive PSOs their start and stop times will vary. Is the start and stop times a required field, or can the approach be written in the notes?

Answer:

The start and stop fields shall be filled out. The purpose of the exhibits is to identify the amount of time the supervisor would be physically onsite checking the officers. The time field does not have to identify the exact time but can be a time frame during which a supervisor would visit the site during the shift. For example the supervisor may visit the site and spend two hours onsite at the facility between the hours of 0600 and 1400. The actual times onsite could be varied each day during those time frames or adjusted as needed and that should be explained in notes.

Corrections to the Solicitation:

1. Page 63, Paragraph 3 is hereby corrected to the following, “Page Limitation - Excluding the cover page and past performance forms and questionnaires, the technical proposal (covering all non-price factors) is limited to fifteen (15) pages in at least 11pt.

font and 1” margins. Pages in excess of this limitation will not be evaluated.”

2. As referenced on pages 4 and 62, all references to the close date are hereby changed to March 29, 2012 at 1:00 p.m. EST.

Incorporate the Addendum to CBA:

Formally incorporate addendum to CBA 2009-3023 (posted to FBO on March 22, 2012)

Incorporation of Contract Clause:

The follow clause is hereby incorporated in full text under Contract Clauses:

HSAM 3052.209-70 Prohibition on contracts with corporate expatriates.

As prescribed at (HSAR) 48 CFR 3009.104–75, insert the following clause:

Prohibition on Contracts With Corporate Expatriates (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such

Code), except that section 1504 of such Code shall be applied by substituting

‘more than 50 percent’ for ‘at least 80 percent’ each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs

(1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal

Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) Warrants;

(ii) Options;

(iii) Contracts to acquire stock;

(iv) Convertible debt instruments;

(v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

_it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104–70 through 3009.104–73;

_it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104–70 through

3009.104–73, but it has submitted a request for waiver pursuant to 3009.104–74, which has not been denied; or

_it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104–70 through

3009.104–73, but it plans to submit a request for waiver pursuant to 3009.104–74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of provision)