SAQMMA10R0005AQ4 06 03 10.docx

SAQMMA10R0005AQ4 – 06.03.10

Restatement of Questions 1 and 20 from the responses provided on May 27, 2010 and of Question 288 from the responses provided on May 29, 2010.

CLARIFICATION 1: In the document posted May 27, 2010, the Department provided conflicting responses to Questions 1 and 20. The response to Question 1 stated that the page limitation for Volume 3, Past Performance, would be eliminated. The response to Question 20 stated that the page limitation for Volume 3 would be increased to 80 pages and Experience would be incorporated into that volume of the proposal. The response to Question 20 is the correct response.

CLARIFICATION 2: Upon review, the Department has concluded that the response to Question 288 in the third round of questions released was not complete. We are restating the question here and provided a more thorough response to replace the original answer provided.

QUESTION 288

It was stated in the Government’s answers [posted on 5/11/2010] that the Prime is responsible for obtaining the applicable licenses/permits in the country of performance. It was also stated that the State Department will evaluate a Joint Venture’s structure to determine if a JV can rely and perform under a teaming partner’s license.

1. Joint Ventures can take many forms to include a Prime/Sub relationship, but conveyed as a “joint venture” under this effort. Will a proposed Joint Venture ultimately be required to apply for licenses under the Joint Venture name in the countries of performance?

1. Additionally, will the Government require a Joint Venture to obtain a facility clearance to perform on this contract?

1. What Cage code is required to be submitted under a joint venture? If only one team member’s cage code is submitted, would that indicate a prime/sub relationship of teaming members performing under the one cage code?

1. Must all entities of the joint venture meet the same requirements of what a prime must possess?

1. Will the Government require a Joint Venture to be registered as a separate entity with its own cage code, DUNS number, and business license to perform under this contract? If not, that would imply a prime/sub relationship, where a Prime would rely on the sub (or “JV” teaming partner’s licensing and FCL status) is this acceptable?

ANSWER:

(a) DoS may accept the license to operate of one member of a joint-venture if consistent with laws and regulations in the places of performance. The prime Contractor shall obtain all licenses, permits, and other approvals / documentation necessary to operate as an armed private security contractor in the place of performance. Additionally the contractor shall comply with all applicable Chief of Mission / RSO directives regarding the conduct of armed personal (use of force, etc.). The offeror shall describe the nature of its joint venture in its proposal. DoS will review the joint venture arrangement in order to determine its suitability with regard to licensing and other elements related to contract performance. DoS does not consider a subcontractor’s license to operate as sufficient for this program. The Department may require that a joint venture apply for the additional licenses/permits as part of their contingency plan in order to minimize performance risks.

(b) Any standalone company or Joint Venture must meet the requirements as stipulated in the National Industrial Security Program Operating Manual (NISPOM) DOD 5220.22-M, Chapter 2, Section 1 (Facility Clearances (FCLs)). Non-US firms are not eligible for FCLs on their own or as part of a Joint Venture. A non-U.S. firm can, instead, be a subcontractor providing personnel in uncleared positions.

(c) If a Joint Venture (JV) is making a proposal as the prime contractor of if a prime contractor is proposing a JV as a subcontractor for this contract effort, the JV must possess a cage code specifically for the JV.

(d) The joint venture will be the prime contractor and must fulfill the solicitation requirements. It is not necessary that each and every member of the joint venture have all of the capabilities required to fulfill the requirement.

(e) The contract would be between the JV and DOS. Each member of the JV is liable for performance of the contract. All members of the JV must register in the CCR and complete the online representations and certification in ORCA. The JV itself does not need to register in the CCR unless it is separately incorporated or payment will be made to the joint venture (as opposed to one of the joint venture members).