Part_II_Questions_and_Answers_SAQMMA-13-0485_8(a).pdf

Questions and Answers, SAQMMA-13-R0485 Page 1 of 3

Worldwide Forced-Entry/Ballistic-Resistant (FEBR)

Design-Build, Repair and Replacement IDIQ SAQMMA-13-R0485

8 (a) Set aside

Questions and Answers (Part 2)

1. Question concerning the clearance on this project. We were planning to form a JV to submit a proposal. Both the firms of the JV have the necessary clearance but the

JV does not have it. We have applied for the clearance for the JV. To bid this project does the JV need to have a clearance?

Answer: A Joint Venture in which both entities are already cleared (at the Secret or Top

Secret level) may be pre-qualified as an offeror, even if the Joint Venture itself does not possess a Facility Clearance (FCL). If the Joint Venture is selected for award, DoS

DS/IS/IND will sponsor the JV for an FCL. Contract award will not occur until and unless the JV obtains the FCL. If this JV sponsored itself for an FCL through Defense

Security Service specifically for this solicitation, the request should be cancelled immediately. It is not allowable under the National Industrial Security Program for a

Joint Venture (or any firm) to sponsor itself for a facility clearance. Please refer to page three (3) of the solicitation (4.B. Security Clearance Requirement) for further information

2. However neither of our firms have the required Defense Security Service, Final

Secret or Top Secret clearances. Are pre-approved security clearances required to propose on the Phase 1 portion of this solicitation?

Answer: Yes. In order to be eligible to participate in Phase II, firms must already possess a Defense Security Service (DSS) Final Secret, Interim top Secret or Final Top

Secret Facility Clearance. Firms that submit proposals on Phase 1 of the solicitation but fail to meet the clearance requirements will not be deemed pre-qualified to participate in phase II. Please refer to page three (3) of the solicitation (4.B. Security Clearance

Requirement) for further information.

3. Can we submit on the proposal and should we be selected be sponsored to obtain the clearance or do we have to have the security clearance prior to submitting? How can my company receive a clearance prior to submitting on a project if required?

Answer: For this solicitation, the Department of State will not sponsor any firms for facility clearances. In order to be eligible to participate in Phase II of this requirement firms must already possess a Defense Security Service (DSS) Final Secret, Interim top

Secret or Final Top Secret Facility Clearance. Firms that submit proposals on Phase 1 of the solicitation but fail to meet the clearance requirements will not be deemed pre-qualified to participate in phase II. Please refer to page three (3) of the solicitation for further information. Facilities clearances are granted by Defense Security Service (DSS) and must be sponsored either by a government contracting activity (GCA) or by another cleared company. Check the DSS website for more information in obtaining these:

http://www.dss.mil/isp/fac_clear/fac_clear_check.html http://www.dss.mil/isp/fac_clear/fac_clear_check.html

Questions and Answers, SAQMMA-13-R0485 Page 2 of 3

4. If you must have top secret clearance to bid a project, but cannot get top secret clearance until you have a project, (and are sponsored by the contracting agency) how do you ever manage to get secret clearance? Can we be sponsored by an agency without first having a project requiring clearance?”

Answer: The vast majority of solicitations supporting Overseas Building Operations, as well as the rest of the Department of State, do not require interested offerors to already possess facility clearances. Only in certain circumstances (approximately 5 percent of the total), usually driven by Top Secret performance requirements and time constraints, does DoS restrict qualification to firms who already possess FCLs. The Department cannot award any classified contract until the selected firm has obtained the requisite

FCL, therefore, if critical services are required to support the Department’s mission domestically or abroad, particularly in the physical security arena, we cannot wait for 8 –

12 months for an uncleared firm to obtain the FCL and be awarded a contract – or worse, to find that the selected offeror cannot obtain the FCL and we have to go to another offeror or resolicit the contract. Secret FCLs take significantly less time (3 – 6 months).

We highly recommend to all uncleared firms who are interested in competing for classified contracts to closely monitor the FBO website for announcements which specify pre-qualification and selection based on technical merits, and which also indicate that once selected for award, or pre-qualified for a classified contract, DoS will sponsor the firm for the requisite facility clearance. Please email the Contracting Officer listed in this solicitation if you wish to receive an attachment with more information on the sponsorship process.

5. We possess all the required Top Secret Facility and Personnel Clearances and would love an opportunity to compete. Would you consider an additional set-aside to be made for Woman Owned Small Business?

Answer: No. At this time, the Department has no intention to change the set aside designation for this requirement, which was established under the direction of the Small

Business Administration (SBA).

6. Are you going to allow SBA approved teaming arrangements? The prime contractor will carry on the past performance of all team members (not a Joint Venture).

Answer: We are open to any submissions including teaming arrangements. However, prior to properly evaluating a contractor’s submission we cannot guarantee a teaming arrangement would meet all qualifications to continue to Phase II of the solicitation.

Prospective offerors in need of guidance on how to submit proposals or what teaming agreements may be appropriate for this solicitation are encouraged to review applicable regulations (i.e., Public Law 99-399, 13 CFR 126.616, SBA’s ostensible contractor rule, etc) and seek their own legal counsel.

7. Will teaming partner’s qualifications be evaluated on an equal basis as if the same companies were a joint venture?

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Answer: Phase I submissions will be evaluated in accordance to Public Law 99-399. Per the Certifications Relevant to Public Law 99-399 pamphlet, “Organizations that wish to use the experience or financial resources of any other legally dependent organization or individual, including parent companies, subsidiaries, or other related firms, must do so by way of a joint venture”.

8. Can a Non-US Firm Participate in the Project - Worldwide Forced-Entry/Ballistic-

Resistant (FEBR) Design-Build, Repair and Replacement IDIQ?

Answer: In order to pre-qualify, firms must meet all requirements relevant to Public Law

99-399. Please refer to the “U.S. Person” requirements in the certification pamphlet attached to the announcement. Please be advised that non-US firms are ineligible for facility clearances.

END OF QUESTIONS AND ANSWERS