ContractQuestions.doc

Questions and Answers for Solicitation HSHQEC-12-R-000015

1. The post exhibit lists Supervisory posts for sites: MD1301, MD0766, MD0800, MD1821, MD0291, and MD0326.

Question: Are these actually supervisory posts? If so is this the acceptable level of supervision for these sites and should they be added on the Attachment 8 Field Level Supervision Exhibit?

Answer: An incorrect Post Exhibit was provided earlier. The correct post exhibit contains no supervisory posts. Contact the Contract Specialist (John DeSimone, john.desimone@dhs.gov or 215-521-3050) with a signed non-disclosure form for a copy of the Post Exhibit.

2. REF: Section E – Solicitation Provisions - Proposal Submission Requirements – Line Item 4, Page Limitation: This section states the technical proposal is limited to twenty (20) pages in at least 11 pt. font; however, headers, footers and tables are typically exempted from the 11 pt. font restriction.

Question: Are Headers, Footers, Graphics and Tables exempt?

Answer: In accordance with “Proposal Submission Request” set forth on page 61 of the RFP the page limitation is 15 pages, 11 pt font and Header, Footers, Tables, are not exempt from the 15 page limitation.

3. REF: Section D, Attachment 2, Exhibit 1 – Post Exhibit: Supervision.

Questions: Are the levels of Supervision required as depicted in the Post exhibit?

Is the Field Level Supervision Exhibit applicable to this procurement if the level of Supervision is as depicted in Section D, Attachment 2, Exhibit 1 – Post Exhibit?

Answer: See Answer from Question one (1)

4. REF: CBA 2008-2078, Revision 4 – The referenced CBA was not provided in the RFP.

Question: Will the government provide the CBA?

Answer: CBA 2008-2078, Rev-4 was provided in Amendment 000001 dated September 27, 2012

5. Contract Clauses, Subsection E-2, Proposal Submission Requirements, paragraph 4 Page Limitation provides in relevant part “Excluding the cover page and past performance forms and questionnaires, the technical proposal (covering all non-price factors) is limited to twenty (15) pages…” Question: Will the Government consider allowing a Cover Letter for the Technical Proposal that will be exempt from page limitation?

Answer: Refer to Section E-2 of the Solicitation/Contract for Commercial Items. The Past Performance Questionnaires should be sent to a cognizant representative of the customer organization that purchased the services from your company to provide feedback. The completed questionnaires should be forwarded directly by the customer organization to the government as instructed.

6. Contract Clauses, Subsection E-2, Proposal Submission Requirements, paragraph 4 Page Limitation provides in relevant part “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.

Question A: Will the Government consider a smaller font size for tables and graphics as long as it is legible?

Answer: No

Question B: Will the Government allow a smaller, legible font size for the essential information contained in document headers and footers?

Answer: No

Question C: Regarding Past Performance Questionnaires, please confirm that Past Performance Questionnaires are not required to be submitted as part of the proposal.

Answer: In accordance with instructions under “Relevant Past Performance” paragraph C (pages 62-63), the solicitation is clear on its face.

7. Statement of Work, Paragraph 5.4.2 Security Clearance Requirements, subparagraph 5.4.2.6 provides “Contractor is responsible for all costs associated with obtaining and renewing security clearances for each contract employee.”

Question A: Does this paragraph mean that contractors bear the administrative costs of requesting the clearance and the employee’s time spent completing the process online only and that the Government bears responsibility for the costs related to the clearance process? Generally this is our experience working under federal contracts.

Answer: The Government is responsible for the processing and review of clearance packages only. The contractor bears all other costs associated with obtaining and renewing the security clearances for employees under this contract. Under this effort, the offeror may be required to complete any agency required security forms (i.e. DHS Form 100025) for security clearances.

8. Statement of Work, Paragraph 11.3.2 provides in relevant part, “Under no circumstances shall Supervisors perform productive hours while working in supervisory capacity.”

Question: Are supervisors permitted to work in a capacity other than a supervisory capacity? If yes, are supervisors working in non-supervisory capacity permitted to provide relief and/or stand post?

Answer: Supervisory and PSO duties cannot be performed concurrently. Supervisors may work in a non-supervisory capacity, but not while they are performing in a supervisory capacity.

9. Contract clauses, Section 4.B.3, provides "For cost/price factors that are subject to variation, but are not subject to adjustment under the provisions above, contractors may factor in contingency allowances.

"Note: Increases to Supervisor wages and benefits are not subject to contract price adjustment in the subsequent ordering period periods under FAR 52.222-43(d), unless the Supervisory position is expressly covered under a Collective Bargaining Agreement or DOL Wage Determination. For Supervisor positions that are not subject to contract adjustment under FAR 52.222-43(d), the contractor is permitted to include a reasonable escalation in subsequent ordering periods (periods 1-4), based on the labor market in the geographical area that the effort will be performed."

Question: Is it permissible to price Supervisory and overhead in positions at a 5 year average instead of escalating wages each period?

Answer: Pricing strategy is at the discretion of the contractor.

10. Contract Clauses, Section E, Part II Addendum to FAR 52.212-1 Instructions to Offerors, Price Proposal, Section 4.A.(1) provides in relevant part, “Elements in the proposed unit prices that are associated with the level of supervision, staffing, quality control, transition, relief, COOP and other advantageous aspects proposed under the Management Approach factor.”

FAR 52.212-4, Section 04 Prices, C.4, Continuity of Operations Plan (COOP) Implementation provides in relevant part, “All other direct costs (ODCs) associated with implementation of the COOP, including but not limited to: overtime, travel and per diem, PPE replenishment, changes to IT/communication systems or devices, and training and certification of additional personnel etc. shall be reimbursed under the Optional COOP Implementation CLIN contained in the Schedule of Supplies/Services and Prices. Since COOP implementation costs cannot be pre-determined at this time, the Government has provided estimates and established Not-to-Exceed Amounts in the Schedule of Supplies/Services and Prices.”

The Addendum to FAR 52-212-1 Instructions to Offerors , Price Proposal, Section 6 provides in relevant part “The Government has estimated other direct costs in support of COOP implementation as follows:

Other Direct Costs in Support of COOP Implementation

Exhibit 8D: Contractor Provide Personal Protective Equipment provides, “Contractor shall maintain a stock of the following personal protective equipment items for each officer, post, and location covered by this contract in quantities sufficient to furnish all productive and supervisory security officers performing on Contract with equipment for a two-week period. Contractor shall maintain all equipment in a ready and usable condition and replenish stock as necessary to ensure a two-week supply is available at all times.”

Question: Please clarify whether the initial two week supply noted in Exhibit 8D PPE is included in unit hourly rates or if it will be reimbursed under the separate Not-to-Exceed CLIN.

Answer: The estimated other direct costs for COOP (a common evaluation factor) are set forth on page 69 of the RFP. The cost for equipment set forth in exhibit 8D (Protective Equipment Items for a two week period) should be included in the monthly fixed price for PSO services.

11. Please clarify which CBA covers MD0273 East West Hwy and hire dates?

Answer: Prevailing Wage Determination-WD-2005-2103-Rev 12 Covers MD0273 and hire dates are provided under Attachment 10 of the RFP.

12. Please clarify which CBA covers MD1821 America Blvd Answer: CBA 2009-2782-Rev-1-Collective Bargaining Agreement between Knight Protective Services and United Union of Security Guards (Covers MD1821)

13. CBA 2011-4675, Articles 17 and 23: Information pertaining to the identification of the amount of total/hours allowed per year for employees has been initially “blank” out. The information is needed in order to accurately identify non-available time for each job category?

Answer: The current CBA 2011-4675 is provided under Attachment 5. A revision or addendum has not been established.

14. The Post exhibit has several posts that are titled supervision, supervisor in one case “S” (instead of a post number at MD1821ZZ FEMA; are these the “only” supervisor posts required?

Answer: See answer from Question one (1).

15. At the bottom of the post exhibit, there appears a post S1/LT? What site is this post associated with?

Answer: See answer from Question one (1).

16. Will FPS provide its standard excel-based “Schedule of Services” for this solicitation? If not, may the offeror provide this in lieu of typewritten or hand written entries on the SF1449?

Answer: The offeror shall complete the SF-1449 and provide all signed certifications and amendments, which are provided with the solicitation.

17. Post Listings: Do all M-F post exclude Federal Holidays?

Answer: Yes

18. CBA 2011-4675 contains a re-opener for wages and benefits that shall be negotiated in November 2012; if a wage and/or H&W increase is negotiated by the current contractor with an effective date of November 1, 2012, which is after the proposal due date, but before performance begins, will the CBA rate increase, if any, be recoverable by the contractor awarded the new contract?

Answer: Whether or not a new or changed CBA becomes effective under section 4(c) of the Service Contract Labor Standards Statue is governed by FAR 22-1012-2(b).

Question: Would such recovery fall under the “claims” provisions?

Answer: Whether or not a new or changed CBA becomes effective under section 4(c) of the Service Contract Labor Standards Statue is governed by FAR 22-1012-2(b).

19. CBA 2009-2768 contains a re-opener for wages and benefits that would be effective June 1, 2012; can the government confirm that no amendment exists for wages and benefits that establishes new rates for June 1, 2012 and beyond? Regardless, if such an amendment does exist and wages have changed, would such increase by recoverable by the contractor awarded a new contract?

Question: Would such recovery fall under the “claims” provisions?

Answer: Whether or not a new or changed CBA becomes effective under section 4(c) of the Service Contract Labor Standards Statue is governed by FAR 22-1012-2(b).

20. CBA 2011-4622 contains a reopener for wages and benefits that would be effective August 15, 2012; can the government confirm that no amendment exists for wages and benefits that establishes new rates for August 15, 2012 and beyond? Regardless, if such an amendment does exist and wages have changed, would such increase by recoverable by the contractor awarded a new contract?

Question: Would such recovery fall under the “claims” provisions?

Answer: Whether or not a new or changed CBA becomes effective under section 4(c) of the Service Contract Labor Standards Statue is governed by FAR 22-1012-2(b).

21. CBA 2009-2879 and 2008-2078 appear to be the same document; however, the actual document reads 2009-2876. Both documents say they apply to 10201 Good Luck Road (MD0800); the CBA’s state this location is in Glen Dale, MD, while the post exhibit states it is in Greenbelt? Please clarify and correct the exhibit title.

Answer: See correction set forth in Amendment 000001 dated September 27, 2012

22. Can you please confirm which buildings specifically correspond to the following CBA’s?

Question: CBA 2011-4675? (appears to be MD0219).

Answer: CBA 2011-4675-Collective Bargaining Agreement between Elite Protective Services and the United Union of Security Guards (Covers MD0219).

CBA 2009-2768? (appears to be MD0334, MD0792, MD0291).

Answer: CBA 2009-2768-Rev-3-Collective Bargaining Agreement between Paragon and the International Union Security Police Fire Professionals of America (Covers MD0334, MD0792, and MD0291).

CBA 2009-2782? (appears to be MD1821).

Answer: CBA 2009-2782-Rev-1-Collective Bargaining Agreement between Knight Protective Services and United Union of Security Guards (Covers MD1821).

CBA 2009-2879/2008-2078? (appears to be MD0800).

Answer: CBA 2009-2876-Rev-2-Collective Bargaining Agreement between Elite Protective Services and the United Security and Police Officers of America (Covers MD0800).

CBA 2011-4622? (appears to be MD0326).

Answer: CBA 2011-4622-Collective Bargaining Agreement between Master Company and the International Union, Security, Police and Fire Professionals (Covers MD0326).

23. Can you please confirm which buildings specifically correspond to the Wage Determination 2005-2103?

Answer: Prevailing WD 2005-2103-Rev12 covers MD0273

Question: CBA 2008-2078 appears to be MD1301, MD0766?

Answer: CBA 2008-2078-Rev 4-Collective Bargaining Agreement between Elite Protective Services and the United Union of Security Guards (Covers MD1301 and MD0766)

24. Are current contractor employees considered qualified in terms of training completion?

Answer: With regard to questions concerning the training of incumbent PSOs, while the incumbent PSOs meet the training requirements of the current contract, there are some additional and/or changed requirements under the instant solicitation. Some of these differences include, but are not limited to, the following:

●Current contracts do not require body armor or OC Spray

In addition, PSOs will have to qualify with their individually assigned weapon semi-annually. The current Contracts require annual qualification. All contract PSO personnel must meet the requirements of the solicitation before they can work under the new awarded contract. The current Contracts require the 9mm handgun.

25. Do current contractor employees require a new physical during transition to meet the physical requirements?

Answer: Yes

26. If a new physical is required, is a new drug test required during transition as well (per the RFP standards)?

Answer: Yes. See 5.2.4.1; PSOs must submit to urine drug screening as part of initial pre-employment process.

27. Are new respirator fit tests required during transition for previous contractor employees transitioning to the new contract?

Answer: Refer to Section 14.5.3. This section contains two distinct requirements. First, the Contractor shall “medically evaluate and clear contract PSOs for use of respirators, at least every three years IAW 29 CFR 1910.134.” The requirement at 5.2.2.3.5 (Chest and Respiratory System) addresses the required medical evaluation. The second requirement which is independent of the first requirement, is that the “Contractor is responsible for employee fit testing, at such time a public health authority declares use of respirators to be mandatory.

28. Is HSAR 3052.209-76 certification document required to be provided if it does NOT apply?

Answer: Yes, certification HSAR 3052-209-76 on page 44 of the RFP is to be completed by all offerors.

29. Can FPS provide a name-redacted seniority list to assist with computation of vacation entitlements?

Answer: An updated Seniority List is provided in this Amendment 000003.

30. CBA 2009-2768 says there will be an adjustment as of 6/1/12 yet there is no revision.

Answer: 2009-2768 Rev-3 provided under Attachment five (5) is the latest revision to this CBA.

31. SF-1449 CLINs for the 6 month extension period, the quantities are listed as 12 months and the TAS hours as 150 hrs, is this correct?

Answer: CLINs 5001 through 5010 are corrected to reflect 6 months from 12 months. CLINs 5011-5020 are corrected to reflect 75 hours from 150 hours. And CLIN 5021 has been changed to reflect the correct COOP amount of $12,500 for the 6 month extension. In Amendment three (000003).

32. On the Post Exhibit under “Performance Days” if it lists “7 days” but does not state “incl holidays” are these posts not staffed on holidays?

Answer: They include holidays.

33. The Post Exhibit has site MD0273 starting with Post 2. Is this correct or is there a post 1?

Answer: It should be post #1. Contact the Contract Specialist (John DeSimone, john.desimone@dhs.gov or 215-521-3050) with a signed non-disclosure form for a copy of the Post Exhibit.

34. Statement of Work, Paragraph 1.1.1 provides in relevant part, “Occupational Safety and Health Administration (OSHA) consider PSO positions as First Responders Awareness Level.

OSHA defines First Responders Awareness Level:

First responders at the awareness level are individuals who are likely to witness or discover a hazardous substance release and who have been trained to initiate an emergency response sequence by notifying the proper authorities of the release. They would take no further action beyond notifying the authorities of the release. First responders at the awareness level shall have sufficient training or have had sufficient experience to objectively demonstrate competency in the following areas:

An understanding of what hazardous substances are, and the risks associated with them in an incident.

An understanding of the potential outcomes associated with an emergency created when hazardous substances are present.

The ability to recognize the presence of hazardous substances in an emergency.

The ability to identify the hazardous substances, if possible.”

Question: Given that OSHA’s definition of first responders at the awareness level requires an intimate knowledge of hazardous material, is any additional training required for uniformed contract employees to qualify as first responders at the awareness level?

Answer: Section 12.2.1 states that the “Contractor is responsible for compliance with workplace regulations, including but not limited to OSHA regulations.”

35. Can you provide the assessment threat levels for each site under this solicitation?

Answer:

MD0273- Security level III

MD1301- Security level IV

MD0291- Security level IV

MD0326- Security level II

MD0800- Security level II

MD0219- Security level II

MD0766-Security level IV

MD1821-Security level IV

MD0792-Security level II

MD0334-Security level IV

36. Can FPS provide the Master PSO Certification File for this contract?

Answer: There is no Master PSO Certification File. The current contractors are contractually obligated to provide the successor contractor with all necessary personnel documentation and certification records of incumbent personnel in sufficient time for successful contract transition.

37. REF: Section D, Attachment 2, Exhibit 1 – Post Exhibit: Several of the Start Time/End Time columns and the Hours per Day are noted in the following table.

Question: Can the Government confirm the correct Start Time/End Time or Hours per Day for the following posts?

Answer: The stakeholder wanted the flexibility for supervision to be performed 16hrs within 24hrs per day and likewise on the weekend. No, the government cannot specify the set hours.

Name

38. REF: Section 4C, page 41. Several sections refer to shotguns, mostly in training & qualification.

Question: Is shotgun qualification necessary & are shotguns required at any post?

Answer: No

39. Site 0291 Post “S” states hours are 0600-1800 which is 12 hours; the hours column states 8 hours.

Answer:The stakeholder wanted the flexibility for 8hrs supervision to be performed within 0600-1800hrs per day. No, the government cannot specify the set hours.

40. Site 0273 lists post #2, is there a post number 1?

Answer: It should be post#1. Contact the Contract Specialist (John DeSimone, john.desimone@dhs.gov or 215-521-3050) with a signed non-disclosure form for a copy of the Post Exhibit.

41. Site 0326 lists post S-1/LT from 0800-1600 M-F, but only lists 1 hour for post duration

Answer: The stakeholder wanted the flexibility for 1hr supervision to be performed within 0800-1600hrs per day to be sure the PSO is in the correct uniform and in compliance with the contract. No, the government cannot specify the set hours.

42. Statement of Work, Paragraph 5.2.4 Initial and Recurring Screening for Illegal Drugs, subparagraph 5.2.4.1 provides: “PSOs must submit to urine drug screening as part of initial pre-employment process and during recurring medical examination, every three years.” Subparagraph 5.2.4.2 provides: Drug screenings shall conform to current U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration’s (SAMHSA) “Mandatory Guidelines for Federal Workplace Drug Testing Programs.”

Section 3.4 of the SAMHSA “Mandatory Guidelines for Federal Workplace Drug Testing Programs” provides:

Opiate metabolites

Amphetamines 3

It has been our experience that on other FPS solicitations of similar scope, the drug standard limits have been the following:

Our questions below presume that the government has determined the specific needs so that it can properly evaluate Offerors management approach and price.

Question A: Are the drug screening standards in this RFP different from the drug screening standards currently applied to incumbent personnel?

Answer: Yes

Question B: Will incumbent PSOs with drug screening records that meet the requirements of the current contract be required to undergo drug screening during transition because the drug testing standards have changed?

Answer:Yes

43. Statement of Work, Paragraph 5.3.1 Suitability Requirements, subparagraph 5.3.1.15 provides “Contractor is responsible for all costs associated with obtaining and renewing suitability clearances for employee associated with this contract.”

Question: Does this paragraph mean that contractors bear the administrative costs of requesting the suitability and the employee’s time spent completing the process online only and that the Government bears responsibility for the costs related to the suitability review? Generally this is our experience working under federal contracts.

Answer: The Government bears the costs related to its suitability review and the contractor bears all other costs associated with obtaining and renewing suitability clearances.

44. Statement of Work, Paragraph 5.3.2 Suitability Determination, subparagraph 5.3.2.2 provides “Any investigation conducted by or for another federal agency on an individual that is of same or higher type and scope as one required for position is sufficient to meet investigation requirements if investigation occurred within past five years.”

We are trying to determine the extent of clearance efforts needed during transition.

Question A: Was the investigation conducted on incumbent personnel the same or higher type and scope as the one required for PSO positions under this RFP?

Answer: Some PSOs may be required to be upgraded to NBI but currently have a NACI. You will need to submit a new package to upgrade to NBI before they can go to work.

Question B: How many of the incumbent personnel meet the five year investigation requirement?

Answer: 100%

45. Statement of Work, Paragraph 6.6.4 Transitional Weapon/Weapon Platform Change, subparagraph 6.6.4.1 states “Contractor shall complete Transitional Weapon and Weapon Platform Change training in accordance with Exhibit 4C.”

Also, Exhibit 8C Contractor Provided Firearms and Ammunition provides in relevant part “The contractor will provide all security officers, including part-time and reserve officers, with their own pistol. Select the firearm that will be used: 38 Special, 9mm, .40 S/W, .357 SIG.” The Exhibit specifies the 9mm as the type of firearm required for performance on this RFP.

Our questions below presume that the government has determined the specific needs so that it can properly evaluate offerors management approach and price.

Questions: Please confirm that the 40 hour course identified in Exhibit 4C (4 hours Use of OC Spray, 4 hours use of Baton 8 hours firearms maintenance, safety and handling, and 24 hours initial firearms familiarization fire) is required for both incumbent and new employees.

Answer: Yes, all incumbent and new employees must complete this training.

46. Statement of Work Paragraph 14.5 Personal Protective Equipment (PPE), subparagraph 14.5.3 provides, “Contractor shall follow OSHA standards for respiratory protection including Appendix D to 29 C.F.R. § 1910.134. FPS will require Contractor to medically evaluate and clear contract PSOs for the use of respirators, at least every three years, in accordance with 29 CFR 1910.134. Contractor is responsible for employee fit testing at such time a public health authority declares the use of respirators to be mandatory.”

Question A: Is the requirement for employee respirator fit testing in this RFP different from the employee respirator fit testing requirement in the current contract?

Answer: Yes.

Question B: Are incumbent PSOs with current respiratory protection clearances required to take a respiratory protection examination during transition because the respiratory protection standards have changed or are new?

Answer: No

47. Statement of Work Paragraph 13.5 addresses Personal Identity Verification (PIV) Cards.

Question A: Do incumbent personnel have active PIV Cards?

Answer: No

Question B: Do incumbent personnel need to repeat the process if a new Contractor is selected?

Answer: Yes

Question C: Please confirm that the amount of time required per PSO to complete the issuance process for a PIV card is 20 minutes as indicated in section C.5 of Exhibit 9E, Government-Provided Property HSPD-12 Personal Identity Verification (PIV) Card Employee Application Process.

Answer: If all paper work is done correctly, then 20 minutes is correct.

Question D: Please identify the enrollment station for this contract and provide the physical address. Also, will the Government provide reimbursement for any travel required?

Answer: The enrollment station is 6315 Bren Mar Drive, Alexandria VA22312. No. It is the contractor’s responsibility to price all elements associated with PIV card issuance.

48. Which level of training is required for the RFP-required firearm?

Answer: 8 hours platform change

49. Are any office spaces or furnishings provided by the government at any locations for a Project Manager and/or supervisors?

Answer: Yes, at location MD1301 & MD0291.

50. Are clearing barrels authorized on-site at any locations?

Answer: Yes, at all location.

51. Are clearing barrels provided by the government at any locations?

Answer: No

52. Are fresh contractor-provided background checks required for previous contractor employees transitioned to this contract?

Answer: A new package to reflect your company’s name will be required for submission for each PSO during contract transition to have a new suitability letter issued under your company’s name.

53. MD0800 and MD0219 list “un-armed” posts; are these un-armed?

Answer: It should be armed under the new requirement. Contact the Contract Specialist (John DeSimone, john.desimone@dhs.gov or 215-521-3050) with a signed non-disclosure form for a copy of the Post Exhibit.

54. Are there any specific training courses (other than firearms training) required during transition that all previous contractor PSO’s would need to attend?

Answer: Yes, Some of the PSOs under the previous contract may be required to take the FPS orientation class if they could not provide the certificate because it was an old contract.