RDC-6_Questions-_Responses_2__28_Jun_13.docx

Question and Answer Matrix

AQ Position/Comment

Attachment 1 is the Hazardous Cargo List so this will be changed in the PWS. Attachment 4 Invoicing and Payment actually applies to this situation for PWS Section 3.D.2.

In the first place, please consider that it is not practical to distinguish employees who are “working on this contract” from those who are not working on the contract. All of the carriers involved in the current contract and which might submit proposals for RDC-6 are common carriers by vessel and/or motor highway modes. As such, the service provided to government shipments under the contract will be performed by all of the same people who work on non-government shipments. This runs the gamut of employee functions and encompasses everything from the security guard at the marine terminal entry gate to the billing clerk processing and copying documents. It most especially has to be envisioned to include every staff member involved in receiving, staging, handling, stowing, and securing of all container or break-bulk cargo, and it is certainly not possible to develop a staff that is separate and distinct to handle only cargo moving under the contract. From the line-handlers at the pier side to the vessel crews and individual truck drivers, this requirement and the government’s response that “Any and all employees performing any action on the RDC-6 contract will require clearance,” could clearly be seen as potentially affecting hundreds of employees for each carrier.

We would also like to address some strictly practical matters. My company has been involved in the process initiated by the Defense Security Service of obtaining a facility security clearance and Personnel Security Clearances for four Key Management Personnel, including the President and CEO of our company. This initiative was undertaken at the request of USTRANSCOM because of our participation in the Voluntary Intermodal Sealift Agreement. This came to pass despite the fact that there were never any such requirements identified beforehand in the VISA agreements or the implementing regulations for the VISA program. As of this writing, we have been trying to obtain these interim clearances under the guidance of the local DSS Specialist for a period of 5 months, and have still not achieved the objective. We are further given to understand that this length of time for the process is not atypical. PWS Sections 9.2 and 9.3 (page 64) both mandate that interim clearances are obtained by the Contractor prior to contract start date. Under the circumstances—and given the sheer scale of the requirement for hundreds of PCLs—this does not appear to be achievable between the likely dates of contract award and the start date of the contract under any conceivable circumstances.

In short, we are requesting that this security clearance matter is reconsidered and removed from the final RFP, simply because it imposes a requirement that may be impossible to meet. In any case, it would seem that if it is not removed, or significantly altered, then it would render my company unable to meet the technical requirements to compete for this contract, despite the fact that we have been successfully performing the same services under RDC-5 and RDC-5S for the past two-and-a-half years. We expect that in the next month or two, our company will have its facility clearance from DSS, and we expect that four Key Management Personnel will have the required Secret PCLs. We respectfully request consideration of the idea that this might be adequate to meet the contract technical qualification requirement under the circumstances.

Reference the RDC-6 security requirements in the contract, we accept your concerns as legitimate issues and will review the draft security language.

Reference your actions pertaining to obtaining a Facility Clearance (FCL), a FCL is required for participation in the VISA program. However, the NISPOM clearly states in paragraph 2-100 that "Contract award may be made prior to the issuance of a FCL. In those cases, the contractor will be processed for an FCL at the appropriate level...the contractor will not be afforded access to classified information until the FCL has been granted." Therefore, we will review the security language pertaining to the specific requirement for an FCL with release of the RFP.