TPS_Solicitation_Q As__1-23_(16_Aug_13).pdf

SOLICITATION: HTC711-13-R-R005

TRANSPORTATION PROTECTIVE SERVICES (TPS)

QUESTIONS AND RESPONSES

1) Reference: Answers to Questions 1 and 87 on Draft Solicitation released on 18 July 2013

Solicitation HTC711-13-R-R005 Page 27, Paragraph titled: Multiple Offers.

Question: Is your response that 52.203-2 is not a commercial term intended to mean that price collusion among offerors, specifically including among affiliated SCACs with common ownership and management control, is acceptable for this procurement so long as each SCAC has its own Commercial and Government Entity (CAGE) code?

Response: 1. The response to question number 1 pertains to the FAR 52 Matrix. 2. The response to question number 87 pertains to BIDS.

2) Reference: Solicitation HTC711-13-R-R005 Page 27, Paragraph titled: Multiple Offers.

Question: Is price collusion among offerors, specifically including among affiliated SCACs with common ownership and management control, acceptable for this procurement so long as each SCAC has its own Commercial and Government Entity (CAGE) code?

Response: The exclusion of FAR subpart 52.203-2, Certificate of Independent Price Determination, from solicitation HTC711-13-R-R005 does not signal permission from the government for any of the offerors to engage in antitrust violations. The government's receipt of not-to-exceed prices from TPS carriers with different SCACs which have common ownership and management control does not establish collusion, i.e., antitrust violations. For a list of practices or events that may evidence violations of antitrust, please review FAR subpart 3.303, Reporting Suspected Antitrust Violations.

3) Page 8 3.(b) The Contracting officer will check the appropriate clauses that comply. I don’t see any checks. Is all of the clauses in the solicitation what the carrier needs to comply to?

Response: Reference FAR 52.212-5 (b) and (c). The checklist items under (b) and (c) do not apply under FAR 52.212-5 if they are not checked. However, some items on the checklist may be identified as a requirement somewhere else in the RFP.

4) Page 25 of 45 1. Subcontracting of TPS shipments is prohibited. Therefore, this unrestricted solicitation will not contain a Small Business subcontracting requirement for offerors who are a Large Business.

But, looking at page 9 number 15(i) 52.219-9 Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4). Do we as a large business need to have a Small Business Subcontracting Plan?

Response: No. Subcontracting of TPS shipments is prohibited.

5) Reference: Performance Work Statement, Page 22, Para. 2.36

Question: Trucks transporting TPS shipments often must arrive at installations prior to or after normal work hours due to requirements of the protective service to move direct from origin to destination and route restrictions. This paragraph doesn’t account for these instances. In addition, Appendix N (TPS Wait Time Authorization Form) doesn’t account for such circumstances. How will carriers be compensated for this wait time? If these costs are not covered, carriers will still need to incorporate this risk into linehaul prices.

Response: Appendix N identifies the allowable wait time charges.

6) Reference: Performance Work Statement, Page 102, Appendix N

Question: The wait time charge should be the same as the Detention: vehicles with power units (DEP) charge. Use of the driver team, tractor and trailer is lost just as for detention with power unit. It should be noted that the SCA hourly rate doesn’t account for the fringe benefits such as health and welfare.

Response: Appendix N identifies the allowable wait time charges. Rate will be changed to: The hourly rate and the benefits for Health & Welfare, Vacation, and Holidays identified in the Department of Labor (DOL) Wage Determination (WD) for the shipment’s origin region.

7) Reference: Appendix G (Shipment Order and Notification), Page 79, Para. 1j

Question: This new paragraph states “Once the shipment is awarded any subsequent action by the contractor that results in nonperformance will be recorded as a Commitment Withdrawal in CPM.” Please clarify the meaning of “any subsequent action”.

Response: Any action by the contractor that results in the contractor not transporting the shipment.

8) Addendum to FAR 52.212-1 (b)(12) (b)(4) Information Assurance & Cyber Security. There are 2 versions of the SANS (SysAdmin, Audit, Network, Security) Institute's Twenty Critical Security Controls for Effective Cyber Defense: Consensus Audit Guidelines (http://www.sans.org/critical-security-controls). Which version should they use?

Response: Offerors should use version 4.1 on the sans.org web site.

9) Reference: Section Solicitation HTC711-13-R-R005, Page 17, Paragraph 252.243-7002

Reference: Section Solicitation HTC711-13-R-R005, Page 44, Paragraph 252.209-7999

Question: Upon review of SAM, these DFAR clauses could not be found in the Reps and Certs in SAM.

1. Should these DFARS be included in Volume I?

2. If yes, will these be included in the items that do not count towards the page limit?

Response: The DFARS Clauses should be included in volume 1. They are not included in the page limit.

10) Reference: Section Solicitation HTC711-13-R-R005, Page 20, Paragraph 2 under Paragraph

(b) (8)

Question: According to this Paragraph (b) of FAR 52.212-3 has to be completed electronically.

While 52.212-3 is part of the Reps & Certs in SAM, how do you electronically complete paragraph (b)? I’ve gone through SAM and completed the reps and certs but there nothing to select which electronically completes this paragraph.

Response: Paragraph (b) provides instructions. Offerors must comply with the instructions.

11) Reference: Section Solicitation HTC711-13-R-R005, Page 21 & 22, Paragraphs under Volume I and II

Question: Two CD-ROMs are to be provided.

1. Where should the CD ROMs be included for each volume? May they be included in the Originals of Volume I and II or is another “binder” required?

2. On Volume I do you only want the 30 pages of Sub-Factor I and Sub-Factor II or are electronic documents of everything submitted in Volume I required?

a. If everything to be submitted in Volume I is required on the CD ROM how do we submit things such as the SF 1449 as a Word document?

Response: Submit CD ROMs in the original volume. Submit an electronic version of all documents in the volume. The SF 1449 is a .pdf document.

12) Reference: Section Solicitation HTC711-13-R-R005, Page 22, Paragraph (7) Volume Page Limits. Question:

1. Is the SF 1449 included as a document that does not count towards the Volume I page limit?

2. Is the Organization Chart that is to be included with the Financial Information Questionnaire a document that does not count towards the Volume I page limit?

Response: Reference Addendum to FAR 52.212-1 (b)(12)a.7. Volume 1.

Reference: Section HTC711-13-R-R005 Attachment 4, Page 1, Paragraph 5

Question: Paragraph 5 of Attachment 4 requires a copy of the letter we send to our financial company to release information to the COR or representative. As a publicly traded company we are required to file detailed financial information with the SEC. As a result, we have a 10K or 10Q available quarterly. These reports filed with SEC will provide you more detailed financial information than you will receive from any financial institution. May we provide a 10K and/or 10Q instead of a letter we send to our financial institute to release information to the COR or representative?

Response: Publicly traded companies may submit the most current copy of the U.S. Securities and Exchange Commission Form 10-K instead of the information required by “a” and “b”.

13) Most of my contacts are not the actual Transportation Officer. Does it need to be the Transportation Officer?

Response: Send the survey to your point of contact at the shipper activity.

14) The instructions mention relevance of the reference. Would any TPS shipments be relevant?

Response: Yes, any TPS shipment.

15) You asked for 3 references. Would it be OK for us to send out 4 requests? Just in case someone doesn't get it done in time.

Response: The Government will accept only three references (surveys).

16) How is the completed paragraph (b) 2. of FAR 52-212-3 to be presented? Can we furnish a single sheet (hardcopy) with the statement? Or must in be accompanied with all the peripheral blank data?

Response: Paragraph (b) provides instructions. Offerors must comply with the instructions.

17) Reference; Solicitation HTC711-13-R-R005, Page 21, para. a. 4.

What is the requirement for submission, as an attachment or separately, for the advice letter of authorization of the obligating official and those authorized to negotiate on behalf thereof? Can multiple persons be named in the authorization letter for both negotiation and authorization?

Response: Place the letters in Volume I. You can identify primary and alternate(s).

18) Reference page 1 (A) General Information: of the Past Performance Survey Attachment 3.

Should we put our name as the contractor/offeror or would we insert the name of the Company to whom were sending the survey to.

Response: Section A must be completed by the offeror and should contain the offeror's information. The offeror must also provide a brief but detailed description of the work completed for the respondent. Identify the company or organization in the description.

19) The narrow restrictions listed in the solicitation (excerpted with comments and recommendations below) mean in actuality that a valid claim for a “Waiting Time event” as requested by the carriers, would rarely, if ever, occur. The carriers’ need for Wait Time is to have the ability to recover driver compensation costs that are mandatory for payment by the carrier to drivers under the terms of clause 52.222-41 Service Contract Act Of 1965 (SCA) when the wait (and SCA-mandated pay requirement) results through no fault to the driver and beyond the control of the contractor (carrier). Here are some examples where Wait Time payment will be required by the carrier to the drivers, but is not recoverable based on the current terms in the Solicitation for Wait Time.

a. Drivers unable to get a delivery appointment at the end of the prescribed transit time.

Wait Time is compensable, but does not fall under description below. As an example, McAlester only loads on Monday through Wednesday. Due to its central US location, this means that approximately 90% of TPS shipments could be made in two days or less. Assuming four-day delivery restrictions at destination, we calculate that over 50% of McAlester’s Wednesday shipments would generate SCA/DOL driver compensation requirements for which no means of recovery exist for the carrier, based on the below Wait Time restrictions.

b. Drivers, in the interest of safety, divert out of route or delay en route due to weather.

In so doing, the drivers may arrive at destination after base has closed for the weekend. This situation could result in 2-3 days compensable Wait Time, but these costs would not recoverable by the carrier based on the below restrictions.

c. Drivers, for whatever reason, need to place a shipment in secure holding. If secure holding is not reasonably available, drivers must continually attend the shipment, accruing compensable hours in so doing. These hours must be paid by the carrier, but under the restrictive Wait Time rules listed below, would not qualify for reimbursement by DOD.

We strongly believe that when compensable driver on-duty hours are generated, carriers should have a means of recovering direct costs associated with the event. It is worth noting that base transportation personnel have a role to play to reduce the likelihood that carriers would be placed in a situation where carriers must pay compensable hours. In some cases, events which will generate Wait Time issues for the carrier are avoidable. For example, if McAlester has a shipment to Seal Beach, CA, that shipment should be offered for shipment on a Monday or a Tuesday, but not on Wednesday, as the Wednesday shipment will almost certainly result in the shipment arriving at destination on Friday, after the base has closed for deliveries for the week.

Additionally, the contractor or drivers cannot obtain a delivery appointment until after the shipment has been picked up. If no appointments are available when the shipment arrives because all appointments for that day have been given out, Wait Time costs accrue to the carrier until the truck is in position to be unloaded at the destination facility. Local TOs are very attuned to the plight of the over-the-road teams that deliver their freight and often make extraordinary efforts to get the team off-loaded and back on the road, but sometimes this is not possible.

The ability for carriers to recoup the additional wage and benefit costs that must be paid under the terms of clause 52.222-41 Service Contract Act Of 1965 is important. The restrictive language in the current Wait Time accessorial does not allow for carriers to recover waiting time costs, which carriers have no option but to pay. We respectfully request the current language contained in the Wait Time accessorial be broadened to permit carriers the ability to recover mandatory costs associated with compliance of clause 52.222-41 Service Contract Act Of 1965 for those instances that are beyond the carriers’ control.

Consequently, we request amendment of the Solicitation as identified in our comments and recommendations shown below.

APPLICABLE SECTIONS FROM SOLICITATION HTC711-13-R-005 CONCERNING WAIT

TIME AND COMMENT/RECOMMENDATION:

APPENDIX K – DEFINITIONS (Page 99 of 103)

WAIT TIME – When a contractor arrives at destination facility and is turned away or denied delivery due to circumstances in paragraph 2.36.1.1 of the PWS.

2.36 Wait Time Charges. (Page 22 of 103)

2.36.1 Contractors may submit a linked e-bill for Wait Time charges when the following occurs:

2.36.1.1 Contractor arrives at the destination facility during valid hours of operation per the TFG, and:

2.36.1.1.1 (Scenario “a”) Is turned away at the facility entry point due to facility closure, change in hours of operation, or commodity restriction not properly annotated on the facility’s TFG page; or

2.36.1.1.2 (Scenario “b”) Enters the facility but cannot complete delivery due to change in hours of operation or unavailability of Government personnel.

2.36.2 To receive compensation for authorized wait time, contractors shall complete the Wait Time Authorization Form (Appendix N) and attach it to the linked e-bill in the Third Party Payment System (TPPS).

COMMENT/RECOMMENDATION:

1) Add 2.36.1.1.3 (Scenario “c”) Notwithstanding hours of operations per the TFG, when the contractor arrives at the destination facility in accordance with the transit times found in

APPENDIX E, DOD STANDARD TRANSIT TIME GUIDE – SINGLE AND DUAL –

DRIVER SHIPMENTS AND CATEGORIZED AA&E SHIPMENTS and the delivery facility cannot accept delivery for any of the following event(s), and the destination facility does not have a Safe Haven holding location where the trailer containing the shipment may be dropped prior to delivery and left unattended by the contractor.

2.36.1.1.3.1 AD - Customer Wouldn’t Accept Delivery until After Mandatory Delivery Date (MDD)/Required Delivery Date (RDD)/Desired Delivery Date (DDD)

2.36.1.1.3.2 AN – Weekend and/or Holiday – Installation Closed

2.36.1.1.3.3 AO - Weather Conditions Prevented Delivery

2.36.1.1.3.4 AU - Local Emergency/Act of God

2.36.1.1.3.5 B1 – Consignee closed.

2.36.1.1.3.6 HB - Appointment Required at Delivery Site

2.36.1.1.3.7 AD - Customer Requested Future Delivery

Response: Appendix N identifies the allowable wait time charges.

5.0 DELIVERABLES (Page 29 of 103)

5.1.2 Monthly reports shall identify all shipments awarded to the contractor during the reporting period. Information provided in the report will be used in determining contractor performance.

5.1.3 Monthly reports shall contain the following data elements:

5.1.3.1 SCAC and Contract Number

5.1.3.2 Bill of Lading Number

5.1.3.3 Scheduled Pick-up Date

5.1.3.4 Actual Pick-up Date

5.1.3.5 DoD Standard Transit Times or RDD/DDD, whichever is earlier

5.1.3.6 Actual Delivery Date

5.1.3.7 Delivery Exception Code (paragraph 2.25.10), when applicable

5.1.3.8 Identify any shipments which incurred wait time charges

APPENDIX N – TRANSPORTATION PROTECTIVE SERVICES (TPS) WAIT TIME

AUTHORIZATION FORM

B. Wait Time Charges will be applied as follows:

Rate: The hourly rate identified in the Department of Labor (DOL) Wage Determination (WD) for the shipment’s origin region. Contractors shall use the WD in effect at the time of shipment pickup.

Unit of Measure: Per hour or fraction thereof per driver.

COMMENT/RECOMMENDATION:

Change to read:

B. Wait Time Charges will be applied as follows:

Rate: The hourly rate and the benefits for Health & Welfare, Vacation, and Holidays identified in the Department of Labor (DOL) Wage Determination (WD) for the shipment’s origin region.

Unit of Measure: Per hour or fraction thereof per driver

Response: Rate changed to: The hourly rate and the benefits for Health & Welfare, Vacation, and Holidays identified in the Department of Labor (DOL) Wage Determination (WD) for the shipment’s origin region.

1.6 DETENTION: VEHICLES WITH POWER UNITS (DEP) (Page 43-44 of 103)

1.6.2 Free Time will commence once the contractor has notified the consignor or consignee that the trailer is positioned for loading or unloading. A trailer is considered positioned for loading or unloading when placed in a location with doors open so it can be immediately accessed for loading or unloading within the consignor’s/consignee’s normal operating hours or acceptance hours as annotated on the BL. If the shipping/receiving facility requires pickup and/or delivery appointments, wait time spent due to early or late arrivals will not count towards free time. If a contractor is prepared to position its trailer for loading or unloading, but due solely to government fault is prevented from doing so, free time will commence at that time. However, free time will never commence unless, and until, the contractor has notified the consignor or consignee that its trailer is at the shipping/receiving facility but is unable to position its trailer for loading or unloading due to a government-caused delay. All requests for additional detention payments based on government-caused delays must be submitted to the party incurring the cost and must include sufficient information to establish entitlement to these additional fees.

Contractors and shippers are required to keep separate record-keeping functions for detention purposes. In the event of a dispute between the contractor and shipper records, the shipper’s records will prevail. Minimum data fields will include: date/time contractor arrived; date/time contractor available for load/discharge; date/time load/discharge complete; date/time contractor departed.

COMMENT/RECOMMENDATION:

Add: Contractor may not charge for both Detention and Wait Time for the same period of time.

Response: The allowable wait time charges at Appendix N are not similar to detention.

1.7 DETENTION: VEHICLES WITHOUT POWER UNITS (DET) (Page 44 of 103)

1.7.2.1 Free Time will commence once the contractor has notified the consignor or consignee that the trailer is positioned for loading or unloading. A trailer is considered positioned for loading or unloading when placed in a location with doors open so it can be immediately accessed for loading or unloading within the consignor’s/consignee’s normal operating hours or acceptance hours as annotated on the BL. If the shipping/receiving facility requires pickup and/or delivery appointments, wait time spent due to early or late arrivals will not count towards free time. If a contractor is prepared to position its trailer for loading or unloading, but due solely to government fault is prevented from doing so, free time will commence at that time. However, free time will never commence unless, and until, the contractor has notified the consignor or consignee that its trailer is at the shipping/receiving facility but is unable to position its trailer for loading or unloading due to a government-caused delay. All requests for additional detention payments based on government-caused delays must be submitted to the party incurring the cost and must include sufficient information to establish entitlement to these additional fees.

Contractors and shippers are required to keep separate record-keeping functions for detention purposes. In the event of a dispute between the contractor and shipper records, the shipper’s records will prevail. Minimum data fields will include: date/time contractor arrived; date/time contractor available for load/discharge; date/time load/discharge complete; date/time contractor departed.

COMMENT/RECOMMENDATION:

Add: Contractor may not charge for both Detention and Wait Time for the same period of time.

Response: The allowable wait time charges at Appendix N are not similar to detention.

20) Letter to Financial Institution. Are we supposed to send the original letter to you that you will send to the bank? The checklist says "copy".

Response: Reference Paragraph (b)(14)b of the solicitation. Offerors must send a letter to their financial institution authorizing the financial institution to release the offeror’s financial information to the Contracting Officer or designated representative. Offerors must submit a copy of the letter with their proposal.

21) Is 31364 the class in DOL to use for our tractor trailer drivers?

Response: Offerors must select the applicable Occupation Code.

22) Addendum to FAR 52.212-1 (b)(16). U.S. Bank has informed me that I need a contract number before they would be able to give me that option. If this is accurate, there could be a delay in me putting a contract number on my invoices to Syncada. U.S. Bank has said that once I have a number, it will take 48 hours to allow for the number.

Response: The contract number will be assigned at contract award. The requirement to place the contract number on the invoice is effective at the start of performance. We anticipate approximately thirty days between contract award and performance start.

23) Reference: Section Performance Work Statement, Page 64 of 103, Paragraph 1.26.8.4

Question: If the one year HAZMAT is for safety, I believe it is counter productive and actually leads to less safety.

1. No other HAZMAT prepares drivers for Table 1 HAZMAT. This requires specific training.

We provide approximately 16 hours of HAZMAT training in orientation and annual review along with testing and additional requirements before leaving the base with HAZMAT. All office personnel receive HAZMAT compatibility training. This paragraph requires one year experience.

Response: The requirement at PWS paragraph 1.26.8.4 is consistent with current DoD requirements.