W564KV23R0050 Attachment 3 - Questions and Answers.pdf

Question # RFP Section Title of Section Reference Question Answer

1 52.212-1 Multiple Awards. Only one award will be made and multiple awards will not be considered.

We take the opportunity to ask, as we have explicitly pointed out in the foregoing RFI that an overall award would make it impossible for us to participate, as we would only be applying for one lot (line item).

The requirement remains unchanged.

2 SF 1449

Will the Contracting Office please extend the proposal deadline so that bidders have at least three weeks to submit their proposals after all bidder questions are answered? Due date has been extended. See Solicitation Amendment

002.

3 SF 1449 CLINs Are the CLINs listed here required to be filled in and submitted with our Volume IV, Price Proposal?

The CLINs within SF 1449 are placeholders. Pricing is to be submitting through Attachment 1 - GWG Price Matrix. See

Addendum to FAR 52.212-1 Instructions to Offerors

4 SF 1449 Format

SF 1449: OFFEROR TO COMPLETE

BLOCKS 12, 17, 23, 24, AND 30 Proposal

Submission Instructions: "a. A representative of the firm authorized to commit the firm to contractual obligations must sign the offeror’s proposal. Blocks 12 (if applicable), 17a, 30a (signature), 30b, and 30c on page 1 of the SF 1449 must be filled in and signed by such a representative. In doing so, the contractor agrees to the contract terms and conditions as written in the Solicitation with attachments."

SF 1449 states that the Offeror must complete blocks 12, 17, 23, 24 and 30. However, the Proposal Submission Instructions on page 24 do not include block's 23 and 24 as being mandatory to fill out. In addition, Block 23 and 24 are the unit price and the amount which does not make sense to be filled out since we will have many unit prices and 1 block won't be enough space to fill all in the document.

How must SF 1449 be filled out?

Notwistanding the instructions on page 1 of the SF 1449 that "OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30," offerors do not need to complete blocks 23 and

24. See proposal instructions on page 24.

5 Proposal Submission Format

"A page, for purposes of this request for proposal, is defined as one side of standard 8 1/2" x 11" sheet of paper, font size (12), proportional spacing permissible, 1 inch margin on all sides, single spaced."

Would the Government accept one side of standard A4 sheet of paper?

No. The requirement to use an 8 1/2" x 11" sheet format remains unchanged.

6 Proposal Submission Content Requirements

"All pages of each volume shall be appropriately numbered and identified by solicitation number in the header and/or footer, do not include company identifying information."

Is the requirement not to include company identifying information only pertaining to the header / footer or does it mean the entire proposal?

The requirement to "not include company identifying information" only applies to the "header and/or footer." See Page 25 of the solicitation

Proposal Submission

Requirements This section states: “… do not include company identifying information.”

Does this prohibition only apply to the header/footers? Can we include company-identifying information on the cover page, for example?

The requirement to "not include company identifying information" only applies to the "header and/or footer." See

Page 25 of the solicitation

8 Proposal Submission Content Requirements

"The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked. Contractors should limit company identifying information to the cover of the submitted proposal of each section with the exception of SF 1449. "

We respectfully request that the Government clarify if this is a requirement or a request to limit company identifying information. The brief abstract is a requirement. Company identifying information should be limited but it is at the discretion of the offeror.

9 Proposal Submission Volume I - General Documents

"The volume shall include the following completed documents:

DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services DFARS 252.204-7017, Prohibition on the

Acquisition of Covered Defense Telecommunications"

VOLUME I – General Documents refers to the submission of completed FAR and DFARS documents. Documents DFARS 252.204-7016 and DFARS 252.204-7017 are not included in the solicitation documents.

We kindly request that the requested documents be provided. Clauses added as full text

10 FAR 52.207-3

Does Right of First Refusal (52.207-3) apply to this contract? Clause is not applicable.

Proposal Submission Instructions, Volume II: Technical Factor, Subfactor 1: Phase-in

Plan, Recruiting & Hiring:

a.Please confirm that resumes are not required to be submitted in Volume II for the Key Personnel.

b.If they are required, what information is required to be included?

c.If they are required, will the resumes be excluded from the page count limit?

Resumes for Key Personnel are not required.

Proposal Submission

Instructions Volume II: Technical Factor, Subfactor 1:

Phase-in Plan, Recruiting & Hiring a.Please confirm that Letters of Commitment/Intent (LOC/LOI) are not required to be submitted in Volume II for the Key Personnel.

b.If they are required, what information is required to be included?

c.If they are required, will the LOIs be excluded from the page count limit?

Letters of Commitment/Intent for Key Personnel are not required.

Proposal Submission

Requirements Volume II: Technical Factor, Subfactor 1:

Phase-in Plan, Permits & Licenses:

a.Are we required to include copies of currently held licenses in the proposal?

b.If yes, are English translations required?

c.Can we use the licenses of non-major subcontractors to meet the licensing requirements? 13.a. No

13.c. PWS 1.18 does not preclude the contractor from using subcontractor(s) licenses and permits to meet the PWS

1.18 requirements. However, it is the contractor's responsibility to ensure that it is complying with the HN laws during the performance of this contract.

Proposal Submission

Requirements

Volume II: Technical Factor, Subfactor 1:

Phase-in: Training a Full Workforce, PWS

Technical Exhibit 2

Exhibit 2 only shows EDD training. Is the only training required to be addressed in this part of the

Technical Proposal? If not, what other training should be described? The instructions have been updated.

Proposal Submission

Requirements Volume II: Technical Factor, Subfactor 2, Contract Organizational Structure

This section states “The offeror shall provide an organizational chart which includes key personnel as defined in the

PWS.”

Are names required to be provided in the Offeror’s organizational chart?

Yes

Proposal Submission

Requirements , Volume II: Technical Factor, Subfactor 2, Contract Organizational Structure:

This section states that the Offeror shall provide “An organizational and management structure demonstrating clear lines of authority and communication among all potential Access Control Points (ACPs).”

Will the Contracting Office please provide the list of ACPs?

The list of ACPs is included in the PWS Attachment 1 - Staffing Requirements.

Proposal Submission

Requirements Past Performance

Are we allowed to use the Past Performance of a non-major sub (less than 20% of the workshare)?

The use of non-major sub for past performance is not permissible IAW Addendum 52.212-1 Instructions to

Offerors, Volume III: Past Performance Factor.

18 Past Performance Major Subcontractor and Joint Venture

Teaming:

Are major subcontractors required to have a CAGE Code and DUNS number, or is it acceptable if only the Prime Offeror has these?

Yes, if applicable, IAW the updated Addendum 52.212-1

Instructions to Offerors Volume III

W564KV23R0050 Attachment 3 - Questions and Answers 31 October 2023

Proposal Submission

Requirements Volume III: Past Performance Factor

Proposal Submission Requirements, Volume III: Past Performance Factor, Page

29: This section has the following instructions:“(5)Past Performance

Questionnaire(s) (a)For each reference provided, the

Offeror shall complete and submit Part I of Attachment #3: Past Performance

Questionnaire.

For each reference provided, the Offeror shall email a blank copy of Attachment #3:

Past Performance Questionnaire (PPQ) to its customer or appropriate Government or Prime contractor representative, requesting they complete the PPQ in its entirety.

The POCs shall be instructed to electronically complete Part II of the questionnaire and e-mail the entire questionnaire to the Contracting Office no later than the proposal due date, to the same email addresses.”

These instructions are contradictory. Our assumption is that the Offeror should complete Part I and then send the PPQ (with the completed Part II) to its clients for them to complete Part II. Is this assumption correct?

The instructions have been updated to add clarity.

(iii) Volume III: Past Performance Factor.

(iii) Volume III: Past Performance Factor.

This section shall include the following information in the following format.

(b) Government contracting activity, and current address, Procuring Contracting Officer’s name, e-mail address, telephone and fax numbers.

(c) Government’s technical representative/Contracting Officer’s

Representative and current email address, telephone, and fax numbers.

(d) Government contract administration activity and the Administrative Contracting Officer’s name, and current e-mail address, telephone, and fax number.

(e) Government contract administration activity’s Pre-Award Monitor’s name, and current e-mail address, telephone, and fax numbers.

Will the Procurement Officer and the Technical Representative be sufficient?

It depends on the specific reference. See updated Addendum 52.212-1 Instructions to Offerors Volume III (1)

21 Past Performance

Will the Government accept an Offeror’s completed CPAR for any contracts referenced under Volume III -

Past Performance Factor instead of requesting PPQs be completed from the appropriate customers or Government or Prime Contractor representatives?

No. The requirement for PPQs remains unchanged.

22 Past Performance

Can the Government confirm that a new GmbH established specifically for this bid, may rely on the past performance of affiliated entities within common ownership structure, provided it demonstrates meaningful involvement of those affiliated entities in performance of this contract?

Yes, as long as the requirements are met. See updated Addendum to FAR 52.212-1 Instructions to Offerors, Volume I and III as well Addendum to FAR 52.212-2

Evaluations, Factor 2 Past Performance.

23 Past Performance

(5) Past Performance Questionnaire(s)

If we are aggregating multiple contracts that were performed for the same client in order to meet the €10 million size requirement, is a PPQ required to be submitted for each contract? Or is it acceptable to have our client submit one PPQ that covers all of the aggregated contracts?

IAW Addendum to FAR 52.212-1 Instructions to Offerors, PPQ are required for each reference provided.

24 Past Performance

The RFP states that “Relevant Magnitude means contracts with an estimated annual value equal to or greater than €10 Million.” We request that the €10 million annual value requirement be reduced to €3-

10 million/year. Given the nature of the security industry in Germany – where it is extremely uncommon for a security company to have large armed contracts that meet the criteria specified in the RFP – we believe that only one company in

Germany (the incumbent on this contract) can meet the current requirements.

The Government notes that the evaluation criteria allows for the aggregation of contracts to meet the relevant magnintude. See Addendum to FAR 52.212-2 Evaluations for the updates to the number of references allowed.

25 Past Performance Will smaller contracts providing only EDD be accepted?

Past performance must meet the relevant standard as described in Addendum to FAR 52.212-1 Instruction to

Offerors - "Relevant scope means contracts involving armed security guard services". For the purpose of past performance, the Government will not evaluate past performance in the area of EDDs.

26 Past Performance

This section states “The offeror shall e-mail to the Contracting Officer a list of all the

POCs who were sent a questionnaire…Questionnaires received after the proposal due date may not be considered.”

a.Is this list supposed to be submitted as part of Volume III, or as a separate document submitted to the Contracting Officer?

b.Is this POC list excluded from the page count for

Volume III?

26.a. List of Past Performance Questionnaire POCs are to be submitted as part of the proposal submissions;

Instructions have been updated to add this clarity.

26.b. the list of Past Performance Questionnaires POCs is excluded from page limitations IAW Addendum to FAR

52.212-1 Instruction to Offerors.

Supplier Performance Risk System (SPRS)

Risk Assessment

Do major subcontractors need to be acceptable regarding risk score, or does this only apply to the

Prime Offeror?

The SPRS risk assessment will only consider the offeror's risk. Subcontractor risk is not considered under the SPRS assessment.

Detailed Proposal

Instructions

(iv) Volume IV Price Factor (2)

"The Offeror shall complete Attachment #1 - Price Matrix for the phase-in and all out years by populating the highlighted orange cells. The Exhibit Line Item Number (ELIN) prices are separated by Unburdened Base Price and Burdened Price Excluding Base Price. Unburdened Base Price proposed shall be guard wages only. See FAR 52.212- 4(t) Addendum EPA Clause for the items not included in the unburdened base price.

Burdened Price Excluding Base Price proposed pricing shall include all other pricing that is not unburdened base price.

All orange highlighted cells in the attachment shall be populated for compliance purposes. For areas that the Offeror intends to propose at no cost, Offerors shall populate those cells with a zero (0). Proposals received without a completed Attachment #1 - Price Matrix will be considered non-compliant and may not be considered for contract award. Any documentation furnished to support the Price Matrix are to be provided in a format chosen by the offeror that is easily traceable to the Price Matrix Attachment #1."

Are we correct in assuming that, in addition to the base payment in accordance with German law and tariff regulations from each federal state, which includes Guard payment, Senior Guard payment, and Supervisory payment at U.S. Military Installations, payments such as voluntary allowances or differential bonuses for nighttime, Sunday time, and holiday time are also considered as components of Guard wages as mentioned in the paragraph?

No, unburdened base price shall be guard base price only IAW Addendum to FAR 52.212-1 Volume IV: Price

Factor…"Unburdened Base Price proposed shall be guard wages only." See FAR

52.212-4(t) Addendum EPA Clause for the items not included in the unburdened base price. "Burdened Price Excluding Base Price proposed pricing shall include all other pricing that is not unburdened base price."

Addendum to FAR 52.212-

4(t) Economic Price Adjustment

"The index rates to be used derive from the published Bundesverband Der

Sicherheitswirtschaft (BDSW) Military Installations (Bundeswehr) table (index category – Guard Level 1 Security Guards in Military Installations), per the applicable German State as described in the Pricing

Matrix."

The solicitation mentions the Price Adjustment Index with (BDSW) Military Installations (Bundeswehr).

We understand that this index relates solely to the possibility of price adjustments. However, since the legal basis for compensating our employees in Germany is the wages for U.S.-Military Installations , will the Government take consideration with price adjustments if the increase in wages for U.S. Military Installations exceeds that of the Bundeswehr? See FAR 52.212-4(t) Addendum EPA Clause. The chosen index is solely for the purpose of conducting the EPA percentage adjustments year to year. The index remains.

30 Economic Price Adjustment

While FAR 52.222-43 does not apply to this requirement, it does provide a model for performing price adjustments contemplated by the EPA clause.

Specifically, price adjustments made under FAR 52.222-43 include associated adjustments to fringe benefits, but exclude any adjustment to overhead, G&A, or profit. We request the Government consider expanding the application of the EPA mechanism to include fringe benefits in addition to direct labor wages, as many fringe benefit costs (vacation, holiday, etc.) are dictated by the direct labor rate.

Excluding fringe benefits from the EPA mechanism will force offerors to estimate annual escalation on these cost elements in years 4-7, and seems to undermine the intent of including an EPA clause to ensure appropriate escalation is included by offerors.

The EPA clause remains unchanged.

31 Economic Price Adjustment

This section states that the Index rates to be used are the Military Installations (Bundeswehr) Guard Level 1 from the published Bundesverband der

Sicherheitswirtschaft (BDSW). However, in Germany, we have different tariff regulations per state; in addition, there are separate tariff requirements in place for U.S. military installations.

We do not think that the Bundeswehr tariff index is the most relevant considering that there are separate tariff rates for U.S. facilities. Will the Contracting

Office please explain why the Military Bundeswehr Guard Level 1 will be used for price adjustments?

Recommend using the tariffs that are in effect for U.S. military base installations in Germany, where applicable, as these are usually higher than the BDSW Military Installations (Bundeswehr) rates.

The Government has determined it to be a better representation of the security guards industry and market conditions in Germany and more appriproate for the EPA adjustements as compared to other rates.

See FAR 52.212-4(t) Addendum EPA Clause. The chosen index is solely for the purpose of conducting the EPA percentage adjustments year to year. It is not intended to restrict pricing to these rates. Pricing is at the discretion of the offerors. The index remains.

32 Economic Price Adjustment

In Germany, we have separate tariff agreements for each state and these usually have different periods of validity (for example, there could be a tariff adjustment in May for Bavaria and in August for

Rheinland-Pfalz). Considering this, is it possible to request price adjustments independently for each site, or is the price adjustment only possible once per Option Year and only for all sites together?

The adjustments will be state specific per Attachment 1, Price Matrix. The EPA adjustments are to be calculated as of 60 days prior to the start of the year (4 through 7) as specified in the pricing matrix IAW FAR 52.212-4(t)

Addendum EPA Clause.

33 Economic Price Adjustment

We recommend that the wage structure for the BENELUX garrison be broken out into two separate line items, since the U.S. military barracks (Dülmen and Bremerhaven) are located in two different German states (Nordrhein-Westfalen and Bremen, respectively) and each state has its own tariff agreement. Should any other garrison also encompass more than one German state that is subject to different collective bargaining agreements, we would also recommend that the wages for those states be broken out separately.

Price Attachment has been updated to add Bremen.

34 Economic Price Adjustment

Due to the massive increase in the cost of living and inflation in the last two years, we expect a significant increase in the next tariff adjustment in 2024. Based on current negotiations, we expect the tariffs to increase by 6-13% and to be valid for only one year.

Therefore, we would like to request that an EPA be allowed for contracts years 2 & 3.

EPA adjustments remain for years 4 through 7.

35 Economic Price Adjustment Will EPAs be granted based on a contract year or a calendar year? Contract EPA Years are Contract Years 4 through 7.

36 Economic Price Adjustment

Can the Contracting Office confirm that no EPA will be permitted if the cost of required social benefits or insurance increases in Germany? In Germany, there ae two types of tariff agreements. One tariff covers wages (Lohntarifvertrag) and the second one (Manteltarifvertrag) covers employment conditions

(e.g., vacation time, payment for sick leave, etc. Will an EPA be permitted if the costs associated with the second tariff (Manteltarifvertrag) increase? These are also mandatory labor costs that the contractor must absorb.

The Governmnet confirms that price adjustments will not be made for the benefits described in the question. See, for example, paragraph (3)(viii) of the EPA clause which explains that adjustments will not be made for the burdened components of the ELIN price such as "fringe benefits."

37 Economic Price Adjustment What contract start date should bidders assume in their pricing?

The anctipated ordering periods for each CLIN are described in the Delivery Information section of the

Solicitation.

38 Economic Price Adjustment

What will happen if the contract start is delayed? For example, if bidders assume a specific start date in their pricing and this start date is delayed, the pricing may no longer be accurate.

Phase in shall be completed within the first 6 months after contract award. The suppliers/offeror agrees to hold the prices in its proposal firm for 180 calendar days from the date specified for receipt of proposals/offers. This also refers to receipt of Final Proposal Revisions.

39 DFARS 252.229-7001, Tax Relief (Alt I)

Can the Government list all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States

Government and the German government?

No. It is the contractor's responsibilty to ensure it's proposal excludes such taxes.

Our legal counsel in Germany has confirmed that the take-over (“Takeover-Transaction”) of the Germany

Wide Guards (“GWG”) contract and of the incumbent employees from the incumbent contractor by a new contractor will be considered a transfer of business under the meaning of Section 613a of the German Civil Code (BGB). Created to protect employees affected when a business or part of a business changes ownership by means of a legal transaction, the first sentence of Section 613a reads: “If a business or part of a business is transferred to another owner by legal transaction, then the latter succeeds to the rights and duties under the employment relationships existing at the time of transfer.”Nevertheless, the European Court of Justice (EuGH) has ruled – and the German Federal Labor Court (BAG) have followed this ruling – that a function succession is qualified as a “transfer of business” in the meaning of Section 613a German Civil

Code (BGB) if the new contractor takes over a substantial part of the previous staff from the incumbent contractor. There are no clear specifications that set forth which percentage of employees have to be transferred to the new contractor in order to trigger Section 613a, but it is almost a certainty that any percentage higher than 50% will trigger 613a.

The Takeover-Transaction cannot be subsumed under the mere wording of Section 613a German Civil Code (BGB) as no legal transaction between the incumbent contractor and the new contractor is executed. The Takeover- Transaction is a function succession in the GWG contract without any direct legal transaction between the incumbent contractor and the new contractor.

Therefore, in order for bidders to accurately calculate the costs associated with assuming the “rights and duties under the employment relationships” as required by 613a, we request that the Government provide the following information for all incumbent personnel working on the GWG contract:

a.Anonymized list of employees and all relevant compensation/contractual/benefits details including:

i.Title/position ii.Condition of employment: permanent or temporary; when temporary, projected date of entitlement to permanent status iii.Details of the contractual terms, including (but not limited to) information on function, seniority, weekly working hours, salary, bonus payments, pension benefits, allowances, vacation bonus and Christmas bonus premiums and any other benefits that are paid by the incumbent iv.Any accrued/unused vacation time v.Tenure with the company or in a tariff group vi.Hourly pay rate (gross and end), vii.Effective projected start of solicited services viii.Handicapped status and degree of handicap of any employees ix.Employees on long term disability or sick leave x.Any other considerations provided by the current contractor to the employee xi.Number of employees in local Works Councils who are protected by employment law, including those freed from duty obligations xii.Information regarding positions which are not required by the solicitation, but occupied by the incumbent contractor in direct service to the contract xiii.Potential obligations from unresolved litigation between the incumbent and current or former employees xiv.Copies of the current collective agreements (Betriebsvereinbarungen) xv.List of current arbitration committee sessions b.We highly recommend that the Government create a secure platform to be used for uploading incumbent information. Due to Germany’s very strict data/privacy laws, personnel information cannot be shared via email or other routine methods, which hinders the information-sharing process with the incumbent.

The Government does not possess the data requested in the question and the Government takes no position with regards to the applicability of BGB 613a (German Civil

Code) to this requirement or any part thereof. It is the sole responsibility of each offeror to determine the applicability of the BGB 613a as it relates to this requirement or any part thereof. The Government is not responsible for the validity of any information or data provided in the solicitation in regards to BGB 613a. Offerors’ attention is directed to the terms of DFARS clause 252.222-7002, Compliance with

Local Laws (Overseas).

In response to inquiries from offerors regarding BGB 613a, the Government contacted the incumbent contractor to request it to furnish information. The incumbent contractor only provided the Government with the below information, which is hereby furnished to offerors. The Government is unable to provide any further information concerning application of BGB 613a, and the Government is not responsible for the validity of any information or data provided by the Incumbent contractor.

Incumbent Contractor Response: 40.a.

40.a.

This means that the buyer assumes the rights and obligations arising from the employment relationship existing at the time of the transfer and the employment relationship with the seller expires. This results in a change of the contractual partner on the side of the employer, which leaves the employment relationship existing between the employee and the seller unchanged, but from now on this employment relationship exists between the buyer and the employee.

Will the Government confirm that German Civil Code Section 613a applies to this contract?

Please refer to the Government response on question 40.

42 SAM

Are major subcontractors required to have a Unique Entity Number and to be registered in SAM registration, or is it acceptable if only the Prime Offeror has these? Only the prime needs to be registered.

43 SAM

If these are required for major subcontractors, will the Contracting Office please extend the proposal deadline by at least one month, as trying to get foreign companies registered in SAM has been taking several months in our experience.

See Government answer to question 42.

Question # PWS Section Title of Section Reference Question Answer

44 1.6.1 Quality Control Plan

(QCP)

"An analysis of quality control and timeliness reports shall be sent to the COR within 30 calendar days after the end of each Task Order."

Quality Control and Timeliness reports are mentioned 3 times in the PWS. Twice in §1.6.1, and once in Technical Exhibit 3. The requirement is for an analysis of these reports, but the reports themselves are not described. Can the Government be more specific as to what is required in these quality control reports and the analysis? PWS 1.6.1 and Deliverables Schedule have been updated.

45 1.5 Period of Performance

Can the government confirm the calendar start date, so that bidding entities can accurately account for Leap Years during the Period of

Performance?

The anctipated ordering periods for each CLIN are described in the

Delivery Information section of the Solicitation.

46 1.5.1 Phase In / Phase Out

Period:

To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the six (6) month phase in / phase out period. During this period the new contractor shall gradually assume the responsibilities of the incumbent contractor, in an orderly manner.

The new contractor may assume responsibilities either by installation or by garrison in a phased manner. The transition period is not designed for the new contractor to “shadow” or follow the incumbent contractor to observe how the incumbent contractor executes the work, and then create a plan to accomplish the mission based on observing the incumbent contractor. The transition period will be to ensure an orderly transition between contractors, and ensure a constant level of security at all installations. The two contractors shall cooperate to the extent necessary to maintain security, and to ensure the safety of all guards providing security services.

A transfer of business is typical for a venture of this size and will normally be invoked if offerors other than the incumbent were to be awarded this contract. In order to address the potential ramifications of such a transfer in accordance with 613a BGB, we request the following information be made available for each employee on the current contract:

a. List of employees by location (can be anonymous – not including name, address, or date of birth)

b. Status (temporary or permanent) - For each temporary employee the date they are to become permanent

c. Service longevity – total number of years and months recognized by the employment contract with the company – technical assignment date

d. Hourly pay rate effective 1 November 2013, job title as well as any special pay supplements or employee benefits (vehicle usage including type, home office, business telephone, etc.)

e. Any employees that are handicapped

f. Any employees that are on long term disability or sick leave

g. Number of employees under work council protection as well as the size of work councils in each location

h. Details regarding any occupied positions that are not obligated by the solicitation, to include wage information Please refer to the Government response on question 40.

47 1.6.3 Recognized Holidays

Can the Government specify any Posts that are NOT operational during Recognized Holidays?

Which set of Recognized Holidays effects Posts operational status (i.e., U.S., German, or both)?

There are no recognized holidays. The posts will need to be open during holidays.

48 1.6.4 Recognized Holidays Can the Government confirm if “Reformation Day” will be added to the German list of recognized holidays under PWS 1.6.3? See response above

49 1.6.6 Place of Performance

The PWS is not clear if the contractor is required to provide a shuttle service for contract security guards to and from guard post.

Will the Government state if the contractor is required to provide a shuttle service for contract security guards? If so, at what facilities or performance locations?

Means of transportation of security guards is at the discretion of the offeror.

50 1.6.7 Place of Performance

Minor changes are considered temporary increases of manning at one or more Sites (as identified in Par 1.11.C below) for special events.”

Par 1.11.C references Key Personnel, Site

Manager.

Can the Government confirm this is the correct reference to describe temporary manning increases? PWS Reference has been updated to reflect correct paragraph.

1.7 Security Requirements

Will the Government please include a requirement that the Contractor have a Facility Security

Clearance?

Facility Clearance is not required for performance of the GWG services.

52 1.7.2 Security Requirements

"The Contractor shall not employ/use any Active Duty service member under the provisions of this contract"

What about employees on "reserve status"?

Reserve duty members could change their status to active.

Employees on active duty status shall not be employed/used for the duration of their active duty status.

53 1.7.3

Will incumbent employees’ access to USG installations continue and be renewed during the

Phase-in or do all incumbent employees need to re-apply and obtain new documents, ID cards, permits, etc.?

Renewal is necessary for all employees as installation access is contract dependent.

54 1.7.4 Security Requirements

This section states “the employee shall have been resident in

Germany for 12 consecutive months as the date of application.”

a.Please confirm this only applies to Local Nationals living in Germany.

b.Is an individual required to have had a physical presence in Germany for those 12 consecutive months or just to have residency?

54.a. The employee shall have been resident in Germany for 12 consecutive months as of the date of application IAW PWS 1.7.4.b.

See definition and applicability of local national in AE Regulation 604-1 Local National Screening Program in Germany.

54.b. The individual is required to have residency in Germany for the 12 consecutive months, IAW AE Regulation 604-1 Local National

Screening Program in Germany.

Is the “police good conduct certificate” referenced in this section different from the “European good conduct certificate” shown in (d) of PWS 1.7.4?

Refer to AE Regulation 604-1, Local National Screening Program in Germany (LNSP) and AER

190-16 Installation Access Control for specific regulations.

Is the European Police Good Conduct Certificate required only for non-German European citizens of the EU or for all EU citizens/residents?

The European Police Good Conduct Certificate applies to all non- German citizens. Refer to AE Regulation

604-1, Local National Screening Program in Germany (LNSP) and AER 190-16 Installation Access Control for specific regulations.

1.7.4.b Security Checks

Can the Government clarify whether packets are submitted to the single COR, or to the relevant installation ACOR? On average, how long does it take to process an individual package?

Packets are to be submitted to the relevant ACOR. Processing time is is not known as it is dependent on each individual.

1.7.5 Physical Security /

4.3 Equipment

Will the Government provide space or a facility at each location for the contractor to store equipment, materials, weapons, and ammunition? Yes, IAW PWS 3.2.b.

59 1.7.5 Physical Security /

4.3 Equipment

Will the Government provide a facility or space for the contractor to store weapons and ammunition for off-duty guards? Yes, IAW PWS 3.2.b.

1.7.5 Physical Security /

4.3 Equipment

Will the Government provide an area for contractor mobile patrol vehicles to be parked? Parking is available at or around each ACP.

61 1.11 Key Personnel

"b. Area Manager. The Contractor shall provide persons to serve as Area Managers for this contract.

Area Managers shall be responsible for contractor performance at one or more Garrisons and their associated installations. This Area Manager shall be the point of contact for

ACORs. Area Managers shall have the necessary security or law enforcement administration experience in the armed forces, civilian police, or commercial security agencies to successfully perform this requirement. The Area

Managers are responsible for effectively managing the security operations described within this

PWS."

PWS §1.11 (a.) states "[t]he Project Manager or alternate shall be available between 0800 – 1700, Monday thru Friday except Federal holidays or host nation holidays." When must the Area

Manager be available? Same hours as the Project Manager?

61.a. The Area Manager shall be available for the same hours as the Project Manager. 61.b. Yes. PWS 1.11.a. has been updated.

62 1.11 Key Personnel Please confirm that resumes and Letters of

Intent/Commitment are not required to be included in the proposal. Letters of Commitment/Intent for Key Personnel are not required.

63 1.11 Key Personnel Are the Key Personnel expected or required to be armed? Key Personnel are not required to be armed.

64 1.11 Key Personnel What level of fluency are personnel required to have in German and English? (Example: CEFR

Level C1, ILR Level 4, etc.) See PWS 1.12.a. for English proficiency required.

65 1.11 Key Personnel

Does the USG intend for the new Contractor to replace all current Key Personnel or will the current

Key Personnel have first right to transfer to the new contract? The Government does not dictate the staffing hiring process.

66 1.11 Key Personnel

Is the PM required to live in a certain location or to have a specific response time to a certain location

(for example, is he required to live within a specified distance of Kaiserslautern or a different location)? Physical presence of the PM is not dictated.

67 1.11 Key Personnel Can the Government clarify whether there is a minimum number of Area Managers? The number of Area Managers is at the discretion of the offeror.

68 1.11 Key Personnel Can the Government clarify whether Area Manager and Site Manager can be the same person? No, they cannot be the same person.

69 1.12 Medical Requirements Can Government annotate Attachment 1 to indicate whether the position is performing “access control, roving patrol or IDS monitoring duties”? PWS Attachment 1 - Staffing Requirements lists the required positions.

1.12

Special Qualifications What level of fluency are personnel required to have in German and English? (Example: CEFR

Level C1, ILR Level 4, etc.) See PWS 1.12.a. for English proficiency required.

1.12

Special Qualifications Is a particular type of test (e.g., TOEFL, Cambridge, etc.) required to verify language proficiency? Test is not required. See PWS 1.12.a. for English proficiency required.

1.12

Special Qualifications Is an online test or an interview with the contractor’s staff acceptable to verify language proficiency? See PWS 1.12.a. for English proficiency required.

1.12 Medical Requirements

Can we use a company physician to conduct the required Physical Ability Test (PAT) and to provide the required “Doctor’s Statement”?

Company physician cannot conduct the required PAT, however, can provide the doctor's statement.

1.12 Armed Guards

Can Government annotate Attachment 1 to indicate which positions are armed (for example, ELIN 004AAQ Miesau Security Desk Clerk, unclear whether this position is considered a security guard and armed)?

No, as the PWS specifies the armed and unarmed positions. Security guards performing guard services need to be armed.

1.12 IHK

a.Are personnel required to have their IHK certificates at time of proposal submission award or prior to working on the contract?

b.Please confirm that the Key Personnel are not required to have this certification.

75.a. Prior to performing their duties.

75.b. PWS 1.12.d. lists the duties that require the certificate. Key

Personnel are not listed.

1.12 a.Are personnel required to have completed their German Waffenamt training requirements at the time of proposal submission award or prior to working on the contract?

b.Is it acceptable if proposed candidates complete this training requirement during the

Phase-In period?

c.Please confirm that the Key Personnel are not required to have this certification.

76.a. Personnel are required to have completed their German Waffenamt training prior to performing their duties.

76.b. It can occur during phase-in as long as it is prior to them performing their duties.

76.c. Key Personnel are not required to have this certification. See PWS 1.12.e.

77 1.13 b Identification of Contractor

Employees

"The badge shall contain a personal picture, name of employee, and Contractor's name.

Badges shall be worn in a uniform manner on the outer garment in full view.

According to §18 German Guarding Ordinance, every guard is obliged to carry the identification card during the guarding service, but must show it only upon request to the representatives of enforcement authorities, in particular public order offices, police or customs authorities. An obligation to carry personal data in the open (full view) for each customer could violate European and national data protection regulations. For example, the German police only display an identification number on their uniform.

We suggest that our employees also display only their personnel number on their uniform. With this number we can immediately identify our employees upon request. Will government reconsider this?

No, the requirement remains unchanged.

78 1.15.1

Anti-Terrorism (AT) Level I

Training:

"a.Within 60 calendar days after contract start date or 60 calendar days after employment of new personnel the Contractor’s employees, and all subcontractor employees, shall complete AT Level I Awareness Training, whichever applies."

AR 525-13 (3 December 2019) Standard 25 states, "Level I AT Awareness training will be provided annually to all DA personnel" Will the Government consider incumbent employees who have already completed this requirement in the past year to have already fulfilled the 60 days after contract start requirement?

Yes. As long as it is still current by the end of 60 calendar days after contract award.

79 1.15.2 OPSEC Training

"In accordance with AR 530-1, OPSEC, contractor employees including subcontractors, shall complete Level I OPSEC training, training within 60 calendar days of employment under this contract."

Will the Government consider incumbent employees who have already completed this requirement in the past year to have already fulfilled the 60 days requirement? Yes. As long as it is still current by the end of 60 calendar days after contract award.

80 1.15.3 iWATCH Training

"This training shall be completed within 60 calendar days after the contract is awarded or within 60 calendar days after new employees commence contract performance, with the results reported to the ACOR within 30 calendar days after the training is completed."

Will the Government consider incumbent employees who have already completed this requirement in the past year to have already fulfilled the 60 days requirement?

Yes. As long as it is still current by the end of 60 calendar days after contract award.

81 1.15.3 iWATCH Training

"Training slides can be found on the Army OneSource web site:

http://www.myarmyonesource.com/ familyprogramsandservices/iwatch program/default.aspx"

Multiple checks of the link provided (http://www.myarmyonesource.com/familyprograms andservices/iwatchprogram/default.aspx) resulted in the following message:

"Adrress Not Found Check the address for typing errors such as ww.example.com instead of www.example.com."

Would you please check the address to ensure that it is correct? Link has been updated

82 1.15.4 Information Assurance

(IA) Training:

"Contractor employees, including subcontractors, requiring access to Government information systems shall complete the DOD IA Cyber Awareness Information Assurance Training, within thirty (30) calendar days of employment. Training is available at https://cs.signal.army.mil."

As the incumbent to this contract, we are authorized to utilize a Power Point presentation provided to us by the HQ USAREUR-AF G34 OPM USAREUR-AF Installation Access Control

Program Manager instead of the provided link. Will this presentation be sufficient for the new contract?

The requirement in PWS 1.15.4 remains unchanged. The Government will assist in accessing the training post award.

83 1.15.4 Information Assurance

(IA) Training:

"Contractor employees, including subcontractors, requiring access to Government information systems shall complete the DOD IA Cyber Awareness Information Assurance Training, within thirty (30) calendar days of employment. Training is available at https://cs.signal.army.mil."

A visit to the provided link shows that "CAC login [is] required" to access the requisite training. Will the Government allow alternate training methods such as presentation slides?

See Government response to question 82.

84 1.15.5 Physical Ability Test

"The contractor shall administer an initial, and an annual physical ability test (PAT) IAW AR 190-56 to all persons performing access control, roving patrol, IDS monitoring and EDD handler security functions under this contract."

Will the Government exempt personnel performing these activities over age 50 from performing the

PAT?

No

85 1.15.5 Physical Ability Test

"The contractor shall administer an initial, and an annual physical ability test (PAT) IAW AR 190-56 to all persons performing access control, roving patrol, IDS monitoring and EDD handler security functions under this contract."

Are the following personnel required to take the PAT as well:

RAM Personnel Walking Patrol

Escort Personnel Miesau pass office

Visitor Center Personnel Yes, IAW PWS 1.15.5.

86 1.15.5.1 (b.)

[Physical Ability Test]

Procedures

"Generally a site will conduct the PAT within a given quarter, as the contractor designated to the USG.

Given the nature of operations at any site/garrison, the contractor shall coordinate with the USG to schedule the actual date and time for these events."

Is it mandatory for the Contractor to await the receipt of a confirmed appointment from the ACOR

(so he/she can be present to observe eac h individual PAT), in order for the Contractor to conduct the PAT? Would it be sufficient if the ACOR or DES Representative be informed in advance (i.e. 5 working days) of a planned PAT? Coordination with the USG is mandatory to schedule the actual date and time for these events.

87 1.15.5.1 (c.) (2.)

[Physical Ability Test]

Procedures

"No individual shall be precluded from working under the provisions of this contract during these two attempts. If the individual fails to pass the third test, the contractor shall remove the individual from the contract. If the individual fails to complete the PAT within the allotted time, the contractor shall remove the individual from the contract."

Based on German law requirements, will the U.S.

Government provide a letter stating that the individual is to be removed from performing duties under this contract?

No. It is the contractor's responsibility to ensure contractor employees performing duties under the contract meet contract requirements to include the requirements of PWS 1.15.5.

88 1.16.2 Removal of Contractor

Employees

"All contractor employees, who have been removed from working on any other U.S. Government contract, shall not be considered for employment on this contract, or be allowed to be employed in any position on this contract."

German law only requires that personnel files are kept for 10 years after the end of an individuals employment and a company may not know of cases over this time period. A change in company or management could allow an applicant to slip through without being flagged. Due to this, will the government consider allowing removed employees to work in follow-up contracts or perhaps after a period of 10 years?

Reconsideration may be allowed on an individual basis provided contractor provides 5Ws (Who, What, Where, When, and Why) of the original removal to the Government and the corrective action taken.

PWS 1.16.2 has been updated accordingly.

89 1.18 Required Permits and

Licenses Is it required to provide the CAL

(Firmenwaffenschein) IAW §28 WaffG with the proposal or will it be accepted to provide the CFL before starting the contract?

Permits and licenses are not required to be submitted with the proposal.

90 1.19 Drug Abuse Testing Please confirm that Key Personnel are not required to be drug tested. Key Personnel are not required to be drug tested.

91 1.19.2 (a.) Drug Abuse Testing

"For initial testing, urine test samples are required within fourteen (14) days of contract award date."

Our employees are providing samples IAW the current contract. Will current employees in the

USAREUR guard contract be exempt from the 14 day of contract award date requirement? (This will also place a heavy burden on USAG DTC personnel as the awardee is turning in approximately 1,500 contract guard samples.) Incumbent employees are not exempt

92 1.19.2 (a.) Drug Abuse Testing

"For initial testing, urine test samples are required within fourteen (14) days of contract award date."

Please specify if the 14 days is only to collect samples from the employee, or is it also 14 days to turn in the samples to the Garrison DTC?

PWS 1.19.2.a. has been updated.

93 1.19.2 (b.) Drug Abuse Testing

"b. After initial pre-employment screening of each employee, unannounced and random testing of 10 percent of the work force will be conducted monthly. The contractor shall identify personnel on random selection criteria to ensure unbiased testing is performed. Personnel selected for random testing shall provide a urine test sample within four (4) hours of notification."

If the testing is truly random it is likely that some employees will be selected for drug screening several times in a year while others are not tested at all. Is it also the Government's intention for all employees to be drug tested at least once a year?

Intention is not for all employees to be tested at least once a year.

1.19 Drug Abuse Testing

Can the Government provide the number or percentage of the existing incumbent guard force that were removed from the contract during the prior 12 months following a failed drug test? No, information is not available.

1.19.2b Can the Government clarify whether random monthly drug testing required during Phase-In?

Random monthly drug testing will commence during full performance.

PWS 1.19.2.b. has been updated to reflect full performance.

1.19.2 a

Pre-employment screening. For initial testing, urine test samples are required within fourteen (14) days of contract award date.

Requiring an…