Amendment 01 Questions and Answer FCL.pdf

PWS paragraph, Proposal Instructions, Solicitation document, etc.

Question Recommended Change if applicable Answer

PWS C.1.7.1 Currently states "All prime contractors shall have a final Top Secret facility clearance at time of Indefinite Delivery Indefinite Quantity (IDIQ) contract award." However, 13 CFR 121.103(h)(4) states . . . (4) Facility security clearances. A joint venture may be awarded a contract requiring a facility security clearance where either the joint venture itself or the individual partner(s) to the joint venture that will perform the necessary security work has (have) a facility security clearance. (ii) Where the security portion of the contract requiring a facility security clearance is ancillary to the principal purpose of the procurement, the partner to the joint venture that will perform that work must possess the required facility security clearance.

All prime contractors, or in the case of a joint venture one of the partners , shall have a final Top Secret facility clearance at time of Indefinite Delivery Indefinite Quantity (IDIQ) contract award.

The Government has updated the security information within Sections L and M of the Solicitation for clarification. This procurement is following 32 CFR Part 2004 and DoD implementation guidance, to the extent it differs from the SBA regulations at 13 CFR 121.103 referenced in this question.

Solicitation page Page 95 of

e. DOD Security Clearance. - Each Offeror shall provide, as part of their proposal, a copy of the document received from Defense Security Corporation Agency (DSCA) that grants their facility and security clearance levels . . . . A Joint Venture MUST have a clearance in the name in which it was formed and in the Cage Code in which it is registered. However, 13 CFR 121.103(h)(4) states . . . (4) Facility security clearances. A joint venture may be awarded a contract requiring a facility security clearance where either the joint venture itself or the individual partner(s) to the joint venture that will perform the necessary security work has (have) a facility security clearance. (ii) Where the security portion of the contract requiring a facility security clearance is ancillary to the principal purpose of the procurement, the partner to the joint venture that will perform that work must possess the required facility security clearance.

e. DOD Security Clearance. - Each Offeror shall provide, as part of their proposal, a copy of the document received from Defense Security Corporation Agency (DSCA) that grants their facility and security clearance levels . . . . A Joint Venture MUST have a clearance in the name in which it was formed and in the Cage Code in which it is registered, or in the name and Cage Code of one of the joint venture partners that will perform that work.

The Government has updated the security information within Sections L and M of the Solicitation for clarification. This procurement is following 32 CFR Part 2004 and DoD implementation guidance, to the extent it differs from the SBA regulations at 13 CFR 121.103 referenced in this question.

Section L, D.2.e "DOD Security Clearance"

Section L, D.2.e states "A Joint Venture MUST have a clearance in the name in which it was formed and in the Cage Code in which it is registered." This requirement is in direct contradiction to SBA Final Rule RIN 3245-AG94, effective November 16, 2020. The final rule modified the 13 CFR 121.103(h)(4) to read "A joint venture may be awarded a contract requiring a facility security clearance where either the joint venture itself or the individual partner(s) to the joint venture that will perform the necessary security work has (have) a facility security clearance."

Please update Section L to align with the new SBA rule, allowing JVs to submit the security clearances of all individual JV partners.

The Government has updated the security information within Sections L and M of the Solicitation for clarification. This procurement is following 32 CFR Part 2004 and DoD implementation guidance, to the extent it differs from the SBA regulations at 13 CFR 121.103 referenced in this question.

Questions regarding the Information Management Communications Services IV (IMCS IV) Solicitation

W91RUS-21-R-0001

Questions Due Date and Time: XX January 2021, 1200pm (Arizona Time)

All Questoins must be submitted to Charles Friend, Contract Specialist, charles.l.friend.civ@mail.mil, and Jessica Fields, Contracting Officer, jessica.l.fields.civ@mail.mil by the deadline.