Q A.docx

Questions & Answers

1. Section B.7 of the solicitation states, “The Government shall have no responsibility or liability for payment of any wages or benefits to Contractor's employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits, which may subsequently arise.”

QUESTION: Local law allows the use of labor brokers. May “Guards”, “Senior Guards”, and “Supervisors” be manned with employees of a separate labor brokering entity?

ANSWER: No. Utilizing a separate labor brokers’ employees is considered subcontracting which is not authorized for Standard and A&E Services.

2. Section C.5.11.2 of the solicitation states, “The Contractor shall include the costs of providing relief personnel in the loaded labor rate of labor categories that require relief at the Section J, Exhibit A. All relief personnel must be COR-approved, fully-trained and qualified to allow for comfort, personal needs, stress, meals, or other required or requested absences from the assigned post. Relief personnel shall be at the same category of labor as specified on Section J, Exhibit A. Relief personnel are not required for the Guard Force Commander, Supervisors, and residential Posts.”

QUESTION: May “Guards” be utilized as relief personnel for “Senior Guards” if they have been fully trained in “Senior Guard” duties and such training has been recorded accordingly in their administration files and nomination packages?

ANSWER: No. C.5.11.2 requires relief at the same labor category.

3. Section C.5.11.1 of the solicitation states, “No Contractor personnel shall be on duty for more than 12 consecutive hours in a 24-hour period, except under conditions of emergency or as authorized by the Contracting Officer or COR. In addition, no Contractor personnel shall be required to work more than 48 hours per week.”

Section B.7.4 also states, “All applicable Central African Republic labor laws must be observed.”

QUESTION: May personnel offer to work more than 48 hours per week if they wish to earn additional income and be compensated accordingly I/A/W local law?

ANSWER: Not without violating the terms of this contract.

4. Section B.4 states, “Any firm which is not a U.S. firm is considered a foreign firm. Any firm that does not meet the above definition of U.S. firm shall submit its prices and receive payment in local currency.” Section B.7.4 further states, “All Exhibit A employees shall receive a Basic Compensation Requirement of no less than $.95/hr USD, or local currency equivalent.” Section B.7.4 then goes on to state, “The Contractor shall escalate the Basic Compensation Requirement at a minimum rate of $.03/hr USD (or local currency equivalent) per year.”

Foreign firms (which are required to submit prices and receive payments in local currency) may be exposed to foreign exchange risk in order to comply with the minimum Basic Compensation Requirements, as established in US Dollars, in Section B.7.4. The local currency is pegged to the Euro. Current events and speculation in the Eurozone present a challenge in making a five year forecast, in local currency equivalence, for the requirements mandated in Section B.7.4.

QUESTION: May the Government consider amending Section B.4 to allow all prospective firms to submit prices and receive payments in US Dollars?

ANSWER: No.

5. Section B, Paragraph B.7.4 Basic Compensation Requirement it states “The base hourly pay rate plus all additional allowances, whether required by law or otherwise and exclusive of any deductions (e.g. nation and/or local taxes, social security, medical insurance, pension and/or retirement contributions, etc.).”

Additionally it states: “The Contractor shall escalate the Basic Compensation Requirement at a minimum rate of $.03/hr USD (or local currency equivalent) per year as follows:

Base Year Basic Compensation Requirement: $.95/hour Option Year 1 Basic Compensation Requirement: $.98/hour Option Year 2 Basic Compensation Requirement: $1.01/hour Option Year 3 Basic Compensation Requirement: $1.04/hour Option Year 4 Basic Compensation Requirement: $1.07/hour

QUESTIONS:

a. Please provide the local currency equivalent in the event the Contractor makes an offer in local currency. Or provide instructions on calculating the appropriate exchange rate if the Contractor makes an offer in local currency.

b. Can a contractor provide other incentives in addition to the Basic Compensation Requirement?

ANSWERS:

a. If an offeror makes an offer in local currency, the offeror shall indicate the exchange rate used to comply with B.7.4.

b. Yes.

6. Section C, Paragraph C.5.11.1

QUESTION: Is it the Government’s intent that the guard being relieved be compensated during their period of relief?

ANSWER: The U.S. Government has no preference. The Contractor should comply with local labor law.

7. Section B.7 – Employee Salary Benefits: There are not applicable (N/A) Sections.

QUESTION: Will the Government utilize these N/A sections at a later time?

ANSWER: There is no current plan to utilize these sections.

8. Section C, Paragraph C.5.11.2 Relievers – Relief Guards

QUESTION: Will DOS consider a relief guard that has been trained in both labor categories, but holds the title of Guard Force Reliever to work as a relief guard for Guard and Senior Guard posts?

ANSWER: Yes. If a “Guard Force Reliever” is trained in both Guard and Senior Guard labor categories, he/she may relieve either a Guard or a Senior Guard. However, the Guard Force Reliever shall only relieve one (1) post at any given time.

9. Exhibit A

QUESTION: How many posts require female guards? Please identify.

ANSWER: None.

10. Section B, Paragraph B.9 – Base Year and Option Year Pricing states “The Contractor shall not permit any employee to work more than 12 continuous hours in a 24 hour period, except in emergency situations or as authorized by the Contracting Officer or Contracting Officer’s Representative (COR). Each Contractor guard shall have a minimum of 12 hours off duty between tours on this contract, except as authorized above.”

QUESTIONS:

a. What is the maximum number of hours the Embassy will permit a guard to work in any month?

b. Will the U.S. Embassy accept a maximum 72 hour work week?

b. Refer to C.5.11.1 for maximum hours in a week.

11. Section C, Paragraph C.5.14

QUESTION: How many reserve personnel should the contractor maintain in a trained and ready status to respond to additional and emergency services, increases in standard services, and provide for relief guards.

ANSWER: Sufficient numbers to ensure no lapse in coverage.

12. Section I, Paragraph I.2 Right of First Refusal of Employment

QUESTIONS:

a. What percentage of the incumbent supervisor and guard complement would be considered suitable for re-hiring under the right of first refusal?

b. Is there any requirement to have a minimum percentage of the incumbent guard force retained?

b. No, but the successful offeror must give those guards who are qualified the right of first refusal of offer for employment before new employees are hired.

13. Exhibit D, LGF Radio Network states that radios shall operate on the 162.425 MHz VHF frequency band, which is compatible with the existing Embassy radio system.

QUESTION: The issuance of radio frequencies is at the discretion of local authorities. What alternatives are there in the event the Contractor is not able to obtain a permit to operate on the same frequency?

ANSWER: See Solicitation Amendment #2 (A002).

14. Exhibit D, Page 2, Laundry Service states that this service can be subcontracted; however, in Section B.7.3 this service is not applicable.

QUESTION: Would you please clarify?

ANSWER: Exhibit D was updated to remove this language. See Solicitation Amendment #2 (A002)