Q A 2 - 01202011.docx

Questions & Answers #2 US Embassy Banjul Local Guard Services Solicitation

S-AQMMA-11-R0002

January 20, 2011

1. Regarding Variation in Quantity, in the event that the hours of service are reduced by more than 25% is the contractor entitled to an adjustment in the rates for all hours of service or only on number of hours in excess of a 25% reduction in hours?

Answer: Variation in Quantity is addressed in H.13 and speaks to increases or decreases in number of hours per labor category. It is also accumulative and not necessary with only one request. It is a milestone marker which allows the contractor to approach the Government for equitable adjustment if the contractor chooses to do so.

2. What is the time frame for award? Offerors are only given 60 days to respond, how long does government have to determine an award?

Answer: It depends. Not all solicitations are the same. Two key variables include quantity of proposals received and quality of the proposals to review. If proposals are evaluated “technically acceptable,” then it’s a matter of selecting the lowest priced proposal without discussions. However, if there are weaknesses and deficiencies in the proposals, the government will define a competitive range in order to open discussions and clarify the weak and deficient areas. That may become an iterative process. Once a proposal has been deemed the likely successful candidate, government will seek to determine the company’s Responsibility. The goal is to complete a full evaluation and make an award in 60 to 90 days after receipt of the proposals; however, some simply take longer than others.

3. Can the 10% discount for US Person be lowered to 5%?

Answer: No. DOSAR 652.237-73 Statement of Qualifications for Preference as a U.S. Person (Apr 2004) is predicated by 22 United States Code 4864 (22 U.S.C. 4864) which encourages U.S. firms to compete abroad for U.S. government solicited business. In doing so, under Section 136 of the Code, our Congress defines eligibility for “U.S. Person” status and gives “preference” of ten percent (10%) to those companies that meet the criteria. The 10% value is set by law.

4. How will the USG validate if past performance is being biased by a corrupt former client that may provide negative feedback?

Answer: The Contract Specialist (CS) will call one of the clients provided from the “Past Performance Questionnaire” to validate response, and at least two other clients from the list of all contracts provided under “Experience.” The CS is seeking to trend positive or negative reviews.

5. Can a minimum living wage be made a condition of this contract?

Answer: We are considering possible terms and conditions for a supplemental wage allowance. We will advise through an amendment if it is determined in the best interest of the government.

6. Three ring binders are not the standard in Banjul. Can we use two or four ring binders?

Answer: Yes

7. Ratio – Relivers to cover mean and comfort breaks.

a. In recent debrief DOS advised that it considered the proposal to provide one (1) reliever for meal and comfort breaks every six (6) posts “unrealistic.” Will post specify the ratio of relievers for comfort and meal breaks to posts in the interest of ensuring that all bidders cost the required minimum ratio into their staffing equations?

Answer: At a minimum, an Offeror should plan for at least one (1) reliever for every five (5) posts. However, the staffing plan an Offeror proposes is at their own discretion and design. This is an evaluation criterion.

b. Will post advise if relievers for comfort and meal breaks are required for residential posts?

Answer: No

c. In the event that Post does require relievers for residential posts, will it allow the use of patrol vehicles to deploy such relievers?

Answer: See answer 7.b. In the event relief guards are provided to residential posts, the use of the mobile patrol vehicles are prohibited for said relief.

8. Project Manager Availability

a. The solicitation states that the Project Manager must be available at all times to receive and implement orders. Will Post advise if the Project Manager must be physically present in Country at all times?

Answer: Under C.5.9 Supervision, The Project Manager position is a key position. The Project Manager “shall manage the Contractor's workforce and be the Contractor's liaison with the American Embassy (Section H). The Project Manager shall be available at all times to receive and implement orders or special instructions from the Contracting Officer or Contracting Officer's Representative (COR).”

An amendment shall be forthcoming to further address this issue.

b. Will Post accept that an acceptable deputy that meets the requirements for a Project Manager can deputize in the event of absence due to leave, illness, training, etc?

Answer: Yes, with COR approval.

9. Radio Network. Will the Embassy provide a suitable repeater site and if so will there be any charge to the contractor. Is the Post providing a Control Room for the housing of the CCTV and Radio Base Station if so is this position nominated in Schedule A?

Answer: No, the embassy will not provide a suitable repeater site, this is the responsibility of the contractor.

Answer: Yes, the CCTV and radio base station are currently located at a designated posts and are the responsibility of the contractor to monitor.

10. First Aid. To what level of competency is this required?

Answer: Yes, the International Federation of Red Cross and Red Crescent Societies guideline for first aid and HIV/AIDS training is sufficient.

11. Guard Duty Hours. The solicitation states that the maximum number of duty hours in any 24 hour period must not exceed 12. Will Post advise the maximum number of hours personnel may work in a any week or month?

Answer: Per C.5.7.1 Duty Hour Limits, “No Contractor personnel shall be on duty for more than twelve (12) consecutive hours in a twenty-four (24) hour period, except under conditions of emergency or as authorized by the Contracting Officer or COR.”

An amendment shall be forthcoming to further address this issue.

12. Duty Muster. Given the geographical spread and the conditions of the road/traffic will Post accept a Muster at the Chancellery for all shifts but waive this for the outlying posts?

Answer: No, muster will not be waived for the outlying posts. However, the mobile patrol supervisor will be authorized to conduct muster at the outlying posts.

13. Payment Terms. Will Post advise the maximum number of days that may elapse between receipt of an undisputed invoice and payment being made to the contractor?

Answer: Per FAR 52.232-25 Prompt Payment clause addresses payment and Subpart 32.9 prescribes payment by the 30th day after the later of 1) receipt of a proper invoice by the designated billing office OR 2) government acceptance of the services.

14. Approval of Employees. The solicitation states that employee vetting must include proof of successful employment during the past three years. Will Post advise if this means 36 months of continuous employment or an unspecified period of successful employment during the preceding 36 months?

Answer: Refer to H.5 Personnel Requirements for experience required per labor category.

15. Language Proficiency. Will Post clarify which languages guard personnel must be proficient in?

Answer: English

16. Uniforms. The solicitation sates that the contractor shall bear the cost of purchasing, cleaning, pressing uniform

a. Will Post advise if any deduction for uniform provided to guards from guard pay is permissible?

Answer: No

b. Will Post advise if an allowance can be paid to guards in lieu of the Contractor taking responsibility for cleaning and pressing uniform?

Answer: Yes, as long as it is mutually agreeable between the COR and the contractor and validated upon review of a guard’s pay stub.

c. Will Post advise if 2 x shoes or 2 x boots can be provided in place of 1 x shoes and 1 x boots?

Answer: Yes, 2 boots shall be provided.

An amendment shall be forthcoming to further address this issue.

17. Access to Potable Water, Toilet Facilities and Power Supply. Will Post advise if each guard post has access to potable water, toilet facility and power supply? If Post provides water and or power, will there be any charge to the contractor?

Answer: The contractor is responsible for access to potable water. The USG will provide access to toilet facilities and power supply at the various posts.

18. Force Majeure. In the event of civil unrest and curfews and other restrictions movement are imposed, will the contractor be penalized if it is unable to comply with contractual conditions such as patrolling as a result of such restrictions of movement.

Answer: Yes. Per C.5.13 Contingency Plan, the contractor is required to have plans in place to address various situations that restrict movement. This is an evaluation criterion and becomes a condition of the awarded contract to be enforced.

19. Mobile Patrol. We understand that mobile patrols travel in excess of 6000 KM per month per vehicle, will Post confirm the average KM necessary for the vehicle mobile patrol per month.

Answer: Yes, mobile patrols may travel more than 6000 kilometer per month. It would not be uncommon to drive 140km to 160km per day between Brufut, Bakau and the Embassy.