HSHQEC-13-R-00004_-_Amendment_000006.pdf

(x)

HSHQEC-13-R-00004

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.

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Philadelphia PA 19106 Attn: Tom Schrank

OPO/FPS/EACCG/R11/A

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

Philadelphia PA 19106 701 Market Street, Suite 3200

OPO/FPS/EACCG/R11/A

Office of Procurement Operations Federal Protective Service U.S. Dept. of Homeland Security NPPD/FPS/East CCG/Region 11/Group A

01/22/2013000006

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

12/18/2012

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.)

This requirement is for Protective Security Officer (PSO) services at the following described locations in Rockville and North Bethesda, MD:

11555 Rockville Pike Rockville, MD

11545 Rockville Pike Rockville, MD

11601 Landsdown St. North Bethesda, MD

4930 Boiling Brook Parkway, Rockville, MD

The purpose of this amendment is the following:

1. Provide answers to questions received from industry regarding this solicitation. Please

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)

Michael D. Byrne

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 20

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

HSHQEC-13-R-00004/000006

see the attached pages regarding the answers to the questions submitted for HSHQEC-13-R-00004.

2. Incorporate by full text FAR clause 52.222-17.

This clause can be found on the attached pages after the Q&A section.

With the release of this amendment the period for submitting questions for this solicitation has ended.

The closing date of the solicitation remains January 25, 2013 at 11:00 AM EST.

DO/DPAS Rating: NONE Period of Performance: 10/01/2013 to 03/31/2019

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

Sponsored by GSA

FAR (48 CFR) 53.110

1. Does this project require that the guards have a Top Secret Clearance; also are they required to carry guns?

Answer: All offerors must possess TOP SECRET facility clearance at time of solicitation close. There will be no exceptions to this requirement. PSO assigned to any posts on the exhibit that is designated as TOP SECRET must have this clearance in order to stand post. All other PSOs need to have SECRET clearance to stand post. All PSOs for the purpose of this contract must be armed when they stand post.

2. For clarification will incumbent PSOs be required to re-do basic training or simply the 40 hour refresher training?

Answer: For this solicitation, all incumbent PSOs who are hired under the new contract must be re-trained in accordance with FPS requirements

3. Are all incumbent guards to be provided with the initial 40 hour weapons training?

Answer: Yes

4. REFERENCE: Page 1, Notice, and Section B, Schedule both indicate that questions are due to the Contracting Officer no later than January 7, 2013 at 3:00 EST. However, page 69, in the section titled “Questions” it is indicated that any questions are due to the Contracting Officer by December 21, 2012.

QUESTION: Please confirm that the questions are due no later than December 21, 2012.

Answer: The period for questions will end at the release of this amendment.

5. REFERENCE: Page 31, FAR 52.216-18 ORDERING (OCT 1995) indicates that “Such orders may be issued from date of award through five years” but Section B, Contract Schedule, indicates a Base Year, Four one-year Options plus a 6 month extension. Also, the pricing instructions on page 65 indicate a potential ordering period that includes the 6 month extension.

QUESTION: Please clarify if the Ordering Period is 60 or 66 months.

Answer: This contract will contain a one (1) year base period and four (4) one-year optional ordering periods, for a total of 60 months. The government reserves the rights to execute FAR 52.217-8, which allows for an additional six (6) months of services if they are required while a follow-on contract is being put in place.

6. REFERENCE: Page 33, FAR 52.21.217-9 indicates that the total duration of this contract, including exercise of any options, shall not exceed five years. The period of performance as specified in Section B indicates a Base Year, four one-year Options plus a 6 month extension.

QUESTION: Please clarify.

Answer: This contract will contain a one (1) year base period and four (4) one-year optional ordering periods, for a total of 60 months. The government reserves the rights to execute FAR 52.217-8, which allows for an additional six (6) months of services if they are required while a follow-on contract is being put in place.

7. QUESTION: Please advise if there is a “Proposal Checklist” for Offerors applicable to this solicitation? If so, please provide.

Answer: No, a proposal checklist will not be provided for this solicitation.

8. Does a proposed subcontractor have to possess the requisite Top Secret Facility Clearance at the time of solicitation closing or just the prime contractor?

Answer: Pursuant to FAR Clause 52.204-2, “Security Requirements”, the prime contractor has an obligation to flow down security provisions to its subcontractor.

Moreover, pursuant to Paragraph 7-101(a)(1) of the NISPOM, the subcontractor must possess an appropriate FCL and safeguarding capability if possession of classified information will be required.

9. Do we need to specifically identify (by name) in our proposal any potential subcontractors or merely state a specific intent to utilize a subcontractor? In prior similar inquiries it has been indicated that identification of a subcontractor by name at the proposal stage is not necessary; however, we wanted to inquire to ensure awareness of what the expectation is for this particular proposal.

Answer: Please refer to paragraph G of the Past Performance Factor of the RFP:

“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.”

10. Page 66/67 of Solicitation the Government states that it has estimated the ODCs in support of the COOP Implementation and lists the amount as a NTE base - Option IV of $25,000 and Six month Extension as $12,500. In the Price Element Breakdown ODCs are listed out separately and a price is being asked for each line item. What does implementation account for with the NTE ODC prices?

Answer: Please refer to paragraph C(4), Continuity of Operations Plan (COOP) Implementation, under ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS —COMMERCIAL ITEMS.. The definition for COOP explains what type of costs are covered under the COOP Implementation CLINS. Please ensure all responses are consistent.

11. In section B it has a line item for COOP $25,000 - what is this amount covering?

Answer: Please refer to paragraph C(4), Continuity of Operations Plan (COOP) Implementation, under ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS —COMMERCIAL ITEMS.. The definition for COOP explains what type of costs are covered under the COOP Implementation CLINS. Please ensure all responses are consistent.

12. Does the Government want a NTE amount for the ODCs or does the Government want the Contractor to price out ODCs separately in the Price Breakdown Sheet?

Answer: ODCs, exclusive of COOP, are to be priced on the Pricing Breakdown Spreadsheet.

13. Where does the NTE ODC pricing get provided back to the Government as part of the evaluation?

Answer: Please refer to paragraph (b) under FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)(Tailored)

14. What type ODCs are covered under the $25,000 number?

Answer: Please refer to paragraph C (4), Continuity of Operations Plan (COOP) Implementation, under ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND

CONDITIONS —COMMERCIAL ITEMS.

15. Section B Pages 3-5 - Does the Government want these pages filled out and submitted with the price proposal submission?

Answer: Please refer to FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)(Tailored)

16. TAS - How and where would the TAS services of 18,000 hours be submitted with the price submission?

Answer: All TAS CLINs required a fixed Labor Hour price and should be priced on Section B of the SF1449 document.

17. What make and model of handgun are guards currently carrying?

Answer: The firearm the incumbents currently carry is the Beretta 92.

18. Article 21 of the CBA, last sentence states, “Officers are required to be qualified for and maintain a DOE “L” clearance.” Does this apply to this RFP?

Answer: “L” Clearance is equivalent to SECRET clearance. All PSOs must have at least SECRET clearance for this requirement; however, PSOs who are assigned to post designated as TOP SECRET must have TOP SECRET clearance.

19. Regarding Exhibit 8E, please confirm that no radios are required and that 64(?) cells phones are required.

Answer: Cell phone requirement are required and the 64 is the correct number. NRC is in the process of installing radios on site but a timeframe for completion is not known at this time.

20. The Post Exhibit describes Patrol and Response posts and a Mobile Patrol and Response Post. Exhibit 8F states N/A for vehicle requirements. Please confirm Contractor provided vehicles are not required.

Answer: Vehicles are not required for this solicitation.

21. The Post Exhibit shows 251 days for M-F posts. Please confirm that M-F posts do not work holidays. If they do not work holidays, shouldn’t this number be 250 to coincide with the CBA? (11 holidays + birthday)

Answer: The post exhibit holiday schedule is based on the Federal Holiday schedule (10 days), not the CBA holiday schedule.

22. Are the post staffing requirements greater in this solicitation than the current requirements?

Answer: The instant requirements for this solicitation differ in many ways from the current contract with regard to staffing, training, etc. It is the responsibility of the offeror to ensure that solicitation is reviewed and carefully and all requirements are met.

23. Regarding the Seniority List, there are unarmed guards and CAS operators listed. Are these incumbents trained as armed PSO’s? If not, please confirm that these positions have been eliminated in the new requirement.

Answer: All PSOs under the resultant contract are required to be armed.

24. Are PSO weapons to be taken home or stored on-site?

Answer: Weapons will be stored on site in a NRC provided safe.

25. Please confirm that shotguns are not required.

Answer: No, shotguns are not required for this contract.

26. Exhibit 8A specifies Contractor provided 2-D cell flashlight for each guard. Exhibit 8B one flashlight per post. Which exhibit applies? If both, would mini-mags be acceptable for 8A with regular flashlights provided to each post?

Answer: Both exhibits apply; one flashlight per PSO and one flashlight assigned permanently on each post. PSOs are permitted to carry mini-mags if there regular flashlights provided at each post.

27. Amendment 1 replaced pages 61-63 of the Management Approach. The revised Management Approach no longer contains the Socio Economic Factor; however, during the pre-proposal conference the Socio Economic Factor was mentioned as still being required. Please confirm, did Amendment 1 eliminate the requirement for the Social Economic Factor as part of our proposal response?

Answer: The socio economic factor is a separate factor and not part of Management Approach. Offerors are required to address the Socio Economic Factor.

28. Exhibit 8A, Contractor Provided Uniform Items, indicates that a flashlight w/holder is required for each PSO. Also, Exhibit 8B, Supplementary Equipment, indicates that a flashlight and holder is required for each post. Is it the Government's intent that each post be equipped with a flashlight and holder in addition to the flashlight and holder issued to each officer? Please confirm/clarify.

Answer: Yes

29. What is the actual count for seniority list, per Attachment 9, identifies 85; however, number listed is 84. Which is the correct number?

Answer: The count on the seniority list of 85 is correct.

30. (Reference: Page 1 – Notice to Offerors #7) The Notice of Offerors states that the PSOs under the previous contract are not to be considered incumbent PSOs. Is it the Government’s intent that the new contractor replaces the entire current guard force or just retrain the incumbent officers? If the Contractor is to retrain the entire incumbent force, are the guards to be considered as having no training at all, including both Contractor- Provided Basic Training and Government-Provided Orientation Training?

Answer: For this solicitation, all incumbent PSOs who are hired under the new contract must be re-trained in accordance with FPS requirements

31. (Reference SOW 6.9.3.1) The SOW indicates that the NRC Ancillary Training will be provided at no cost to the Contractor. Does this include the employee’s wages & benefits related to time spent in this training? Will the Contractor bill the Government at an hourly rate for officers’ time spent attending this training?

Answer: No, the training will be given while the PSO is currently on duty.

32. (Reference SOW Exhibit 4D) Is there a minimum time requirement for annual baton and annual OC Spray refresher trainings?

Answer: Refresher training should be given before expiration; requirements for annual baton and OC spray refresher training are stated in the SOW under Exhibit section 4D.

33. (Reference Post Exhibit) The latest Amendment of Solicitation indicates that this requirement is for PSO services at 6 addresses in Rockville and North Bethesda, MD.

The Post Orders only provides details for 4 locations, 11555 Rockville Pike, 11545 Rockville Pike (not listed in Amendment 3), 11601 Landsdown Street, and 4930 Boiling Brook Parkway. Are there specific Post Orders for 6003 Executive Boulevard, 12300 Twinbrook Parkway, and 21 Church Street?

Answer: The solicitation is for the four (4) locations listed on the post exhibit provided under Amendment 00002.

34. Will shotguns be required at any of the locations of this contract?

Answer: No.

35. Will the government provide a seniority listing of the current PSOs?

Answer: A seniority list will be provided once a signed NDA has been submitted.

36. What types of firearms do the incumbent officers carry?

Answer: The firearm the incumbents currently carry is the Beretta 92.

37. Will there need to be a weapons conversion for the new requirement of 9mm semi-automatic handgun?

Answer: Yes

38. Attachment 5 – CBA between G4S & UUSG does not clearly delineate the specific address locations of the buildings. The CBA says, “The Company recognizes the United Union of Security Guards as the exclusive collective bargaining representative for all full time and part time security officers employed by the Company at the U.S. Nuclear Regulatory Commission located in Rockville, MD”.

QUESTION: Does the CBA cover all address locations listed in the solicitation?

1555 Rockville Pike 11545 Rockville Pike 11601 Landsdown Street 4930 Boiling Brook Parkway

Answer: Yes.

39. Amendment #00003, SF30 still lists the following locations, yet they are not listed on the revised Post Exhibit, please clarify.

6003 Executive Boulevard Rockville, MD 12300 Twinbrook Parkway, Rockville, MD 21 Church Street, Rockville, MD

Answer: These locations are no longer part of this solicitation. The four (4) sites listed on the post exhibit under Amendment 00002 are the only sites for this solicitation.

40. The solicitation indicates that all posts are armed. The Seniority List indicates that approx 11 individuals are unarmed. Please clarify, are all positions armed?

Answer: All posts under this solicitation are required to be Armed.

41. Does the Seniority List cover all building locations or only the NRC buildings on Rockville Pike?

Answer: The seniority list covers all locations for NRC.

42. REF: Exhibit 8C, Contractor-Provided Firearms and Ammunition: The RFP requires additional training hours if there is a weapons platform change or a weapons transition.

What is the current weapon being used on the contract? Is this considered a weapons platform or transition from the previous contract?

Answer: The firearm the incumbents currently carry is the Beretta 92, and, yes, it is a weapon platform change. However, a 9mm is not considered a change if the overall size does not exceed 7.5” long, 5.5” high, and 1.5” wide and weighs no more than 30 oz., excluding the magazine”

43. REF: Attachment 9, Seniority List: Since it can take from six months to one year to obtain a Top Secret clearance and all necessary clearances must be in place at the end of the 90-day transition period, do the incumbent guards currently possess the DoD Top Secret and Secret clearances required on the new FPS contract?

Answer: Some of them do. An exact count is not known at present.

44. REF: Exhibit 8E, Contractor-Provided Communication Equipment: There are 32 posts listed on the post exhibit and 64 cellular telephones required per Exhibit 8E. Will the government please verify that 2 cellular telephones are required per post?

Answer: Correct, two cell phones required per post.

45. According to the proposal submission requirements, "Offerors shall possess a Secret facility clearance prior to the date and time established for submission of offers". Based on the post exhibit, however, there are posts which are cleared to the Top Secret level. Do offerors instead require a Top Secret facility clearance?

Answer: Please see Amendment 00004.

46. RFP Section 5.2.4.3 provides: "Random testing will be conducted…at a frequency of at least one time per year and no more than three times a year, in addition to a pre-assignment (applicant) drug test." How long is the process for pre-assignment test from the point of submission? How is the pre-assignment test coordinated? Do applicants have to report to an NRC facility? How long does this process take if conducted at an NRC facility? Is the periodic testing of current employees conducted while on-duty? Is the Contractor to conduct drug testing to a certain standard prior to submission as an applicant for consideration since they will be subjected to NRC coordinated drug testing?

Answer: A pre-assignment test can be scheduled within 5 working days from the date of a request for a test. If the contractor can report to NRC’s Two White Flint Drug Testing Facility, the test can be conducted within one or two days of the request. The NRC Drug Program Manager will schedule drug testing for all PSOs. The Drug Program Manager will coordinate scheduling with the COR and Contract Manager to ensure continuity of PSO operations. Drug tests will be scheduled at the closest NRC facility or drug testing contractor’s facility to where the PSO lives or works. The COR and Contractor can also work with the NRC to schedule a drug test at NRC HQS or at an NRC regional office. If a test is conducted at an NRC facility, the specimen will be sent to NRC’s contract laboratory via Fed Ex and if the test result is negative, drug testing staff usually receives the result within 5 working days of the test. The quickest a drug test can be scheduled at NRC HQS is one working day and results within three working days. Random testing will be conducted at a target annual testing rate of 50 percent of ALL NRC contractors (to include those PSOs working under this contract) at a frequency of at least one time per year and no more than three times a year. Random drug testing may be conducted while a PSO is on duty or off duty. Contractors should still test their employees in accordance with their drug testing requirements, noting that NRC will still conduct their own drug testing of each PSO before they can be assigned to the contract.

47. Will the cellular telephones be used in lieu of radios or does the NRC provide radios for use throughout the contract?

Answer: Cell phone requirement are required and the 64 is the correct number. NRC is in the process of installing radios on site but a timeframe for completion is not known at this time.

48. Does the NRC provide vehicles for use by the contractor in any way to support this contract and if so, how many and what makes/models?

Answer: Answer: Vehicles are not required for this solicitation.

49. According to the post exhibit, there is a "Mobile Patrol and Response" unit assigned to the warehouse. Does NRC provide a vehicle for their use? If so, is the Contractor required to pay for fuel, insurance, etc.?

Answer: Answer: Vehicles are not required for this solicitation.

50. Does the current provider use any vehicles to support this contract, i.e. for the CM or Supervisors and if so, how many and what is the average miles incurred per year?

Answer: No.

51. According to Amendment 2, the post exhibit has eliminated the following addresses:

6003 Executive Blvd.; 12300 Twinbrook Pkwy; & 21 Church St. Are services being discontinued at these sites or will Contractor still be responsible for providing mobile responses to these locations?

Answer: These locations are no longer part of this solicitation. The four (4) sites listed on the post exhibit under Amendment 00002 are the only sites for this solicitation.

52. Does the current contractor, G4S, provide security services to all (4) locations presently which are identified in the provided post exhibit?

Answer: Yes

53. Do the current personnel have all required training? Is it current? Will the training be grandfathered?

Answer: For this solicitation, all incumbent PSOs who are hired under the new contract must be re-trained in accordance with FPS requirements

54. Referencing RFP Section 6.4.1.2 requires one of the training elements to consist of:

"Government-Provided Orientation Training". Is this training conducted while on-duty?

If not, is this training billable?

Answer: This training is not billable to the government because it is provided before a PSO can stand post on the contract. It is the responsibility of the offeror to ensure all training costs are considered in their proposal.

55. Are current Supervisors comprised of more than one rank? If so, what rank(s) are they?

Answer: Offerors should consult the provisions of the CBA.

56. What is the structure (frequency and length) of the current rest and meal breaks taken by officers? The provided CBA is unclear.

Answer: Relief is set forth in the post exhibit of this requirement. Please follow state and CBA requirements regarding relief. Contractors are on notice that various components of pricing, including relief, will examined for price realism purposes.

57. Based on the provided post exhibit, the majority of posts require a security clearance to the level of Secret. Please confirm that all persons being submitted for consideration do not require a finalized Top Secret clearance. If not, what percentage of the guard force is required to maintain the Top Secret clearance?

Answer: The solicitation is clear on its face.

58. 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?

Answer: The solicitation is clear on its face.

59. Does the Government require two (2) copies and one (1) original or one (1) copy and one (1) original of the pricing submission? Similarly, does the Government require five

(5) copies and one (1) original or four (4) copies and (1) original of the technical submission? Does the Government require an electronic copy (CD) of the technical and/or the pricing volumes?

Answer: Please see Amendment 00004.

60. Will a smaller font size be allowed for graphics and tables?

Please confirm whether the Offeror can include headers and/or footers with essential information, such as RFP Section Name, RFP Solicitation Number, page number, and disclosure statement, within the margin limitations as long as the 11 pt. font size is adhered to? Will the inclusion of a Table of Contents count against the 20-page limit?

Answer: For graphics and tables only, as long as the font is legible it can be smaller. The page count for this solicitation is 15 pages, not 20 pages.

61. Please confirm that Small Business Subcontracting Plan is to be included in the Price Proposal and is therefore excluded from the 20-page limit?

Answer: Yes. To confirm, the page limit is 15 pages.

62. Please confirm that Offeror Representations and Certifications is to be included in the Price Proposal and is therefore excluded from the 20-page limit?

Answer: Yes. To confirm, the page limit is 15 pages.

63. Please confirm that Certification Regarding Responsibility Matters is to be included in the Price Proposal and is therefore excluded from the 20-page limit?

Answer: Yes. To confirm, the page limit is 15 pages.

64. Does this mean that current PSOs will have to undergo ALL transition training courses identified in the RFP even if they have already completed certain training requirements?

Answer: For this solicitation, all incumbent PSOs who are hired under the new contract must be re-trained in accordance with FPS requirements

65. Please confirm which address(es) listed in the RFP correspond to the Nuclear Regulatory Commission

Answer: The solicitation is clear on its face.

66. Please identify the appropriate CBA/Wage Determination for each address identified in the RFP/Post Exhibit.

Answer: The solicitation is clear on its face.

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

Answer: Pricing is to be compliant with the applicable CBA. Pricing is at the discretion of the contractor.

68. Does the Government require any guard mount time for the PSO’s who are “Armed.”

Answer: The provisions of the CBA govern.

69. If answer to Question A (immediately above) is Yes, how long does the Government require before and after each shift for guard mount time?

Answer: See the response to question #68.

70. 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: The contractor must comply with all required OSHA training requirements.

71. Are the physical/medical examination standards in this RFP different from the physical/medical examination standards currently applied to incumbent personnel?

Answer: Yes

72. Will incumbent PSOs with physical/medical examination records that meet the requirements of the current contract be required to undergo physical/medical examination during transition because the physical/medical examination standards have changed?

Answer: Yes

73. Are the drug screening standards in this RFP different from the drug screening standards currently applied to incumbent personnel?

Answer: No

74. 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: No, because the drug testing standards have not changed. However, if the standards do change, then incumbent PSOs would need to undergo new testing.

75. 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.” 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: Generally the contractor bears all administrative costs associated with obtaining and renewing security clearances for each contract employee.

76. Is the current weapons platform different from the weapon platform required under this contract? Is the 9mm considered a change from the current platform?

Answer: The firearm the incumbents currently carry is the Beretta 92, and, yes, it is a weapon platform change. However, a 9mm is not considered a change if the overall size does not exceed 7.5” long, 5.5” high, and 1.5” wide and weighs no more than 30 oz., excluding the magazine.

77. Please identify which specific requirements of Exhibit 4C are applicable for incumbent PSOs:

• 3 hours of Transitional Weapon training (revolver to revolver; semi-automatic to semi-automatic)

• 8 hours of Weapons Platform Change training (revolver to semi-automatic pistol)

Answer: Both are applicable

78. Does this contract require every PSO to qualify with a shotgun?

Answer: No.

79. Does this contract require that shotguns be made available to PSOs? If so, where are they stored (please provide the facility address and method of storage)?

Answer: No shotgun requirement.

80. 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: The solicitation is clear on its face.

81. 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

82. 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: Yes

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

Answer: This cost should in be included in the monthly pricing.

84. Are offerors to use a weighted average wage rate for pricing purposes?

Answer: Pricing is at the discretion of the contractor.

85. When will the location for the processing of PIVs be provided?

Answer: At the time of PIV processing, the government will inform the contractor of the location.

86. Could you please confirm the address of the site located at 11601 Landsdown St., North Bethesda, MD?

Answer: The address is correct; however, it is not shown on Google Earth or Bing Maps. This site, 3 White Flint (WFN), is the building across from the NRC main campus and it is between the White Flint Metro Station and the large parking garage. Landsdown Street is the small unfinished street to the right of 3 WFN, and is between 3 WFN and the large parking garage.

52.222-17 Nondisplacement of Qualified Workers (Jan 2013)

(a) Service employee, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term ``service employee'' includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

(b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified.

(1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work.

(2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation.

(i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days.

(ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495.

(iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract.

(iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment).

(c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee's past performance, has failed to perform suitably on the job (see 29 CFR 9.12(c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions.

(2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements.

(3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive Order 13495.

All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause.

(d)(1) The Contractor shall, not less than 30 days before completion of the Contractor's performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(3) The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR chapter 9) to service employees of their possible right to an offer of employment with the successor contractor. Where a significant portion of the predecessor Contractor's workforce is not fluent in English, the notice shall be provided in English and the language(s) with which service employees are more familiar. The written notice shall be--

(i) Posted in a conspicuous place at the worksite; or

(ii) Delivered to the service employees individually. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice.

(e)(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compliance with this clause for not less than a period of three years from the date the records were created.

(1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made.

(2) A copy of any record that forms the basis for any exemption claimed under this part.

(3) A copy of the service employee list provided to or received from the contracting agency.

(4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee, the period covered by such payment, and the date of payment, and a copy of any receipt form provided by or authorized by the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employee, with the Administrator or an authorized representative within 10 days after payment is made.

(g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause (52.233-1) of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9.

Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S. Department of Labor, and the service employees under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes to file a complaint, or ask questions concerning this contract clause, to the: Branch of Government Contracts Enforcement, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Contact email:

displaced@dol.gov.

(h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s) available for inspection, copying, or transcription upon request.

(i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

(j) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the Contractor may request that the United States, through the Secretary, enter into such litigation to protect the interests of the United States.

(k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other Government contract with the same prime Contractor, such sums as an authorized official of the Department of Labor requests, upon a determination by the Administrator, the Administrative Law Judge, or the Administrative Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate. If the Contracting Officer or the Administrator, upon final order of the Secretary, finds that the Contractor has failed to provide a list of the names of service employees working under the contract, the Contracting Officer may, in his or her discretion, or upon request by the Administrator, take such action as may be necessary to cause the suspension of the payment of contract funds until such time as the list is provided to the Contracting Officer.

(l) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract, the Contractor shall include a provision that ensures--

(1) That each subcontractor will honor the requirements of paragraphs (b) through (c) of this clause with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor Contractor and its subcontractors;

(2) That the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs (d) and (e) of this clause; and

(3) The recordkeeping requirements of paragraph (f) of this clause.

(End of clause)