Inactive Total Small Business Set-Aside (FAR 19.5)

Amendment 0001 issued to answer KTR question. ****************************************************************************************************************************************************** A-E... Amendment 0001 issued to answer KTR question. ****************************************************************************************************************************************************** A-E SYNOPSIS-Request for SF 330s U.S. Coast Guard District 17 (D17) Architect-Engineer (A/E) Indefinite Delivery/Indefinite Quantity IDIQ Multiple Award Task Order Contract (MATOC) Solicitation Number: 70Z08724RJUNE0001 Agency: United States Coast Guard Office: CEU Juneau SILC Contracting Location: United States and its Territories General Information Document Type: Combined Synopsis/Solicitation (Public Announcement per FAR 36.601-1) Solicitation Number: 70Z08724RJUNE0001 Posted Date: April 8, 2024; REVISED April 9, 2024 Response Date: May 14, 2024, 4:00pm AKST Archiving Policy: Original Archiving Date: Manual Archive N/A Original Set-Aside: Set-Aside: Classification Code: None. Total Small Business C -- Architect and Engineering Services NAICS Code: 541-Professional, Scientific, and Technical Services/541330 -- Engineering Services THIS IS THE SYNOPSIS FOR SOLICITATION NUMBER 70Z08724RJUNE0001. ALL INFORMATION NEEDED FOR INTERESTED PARTIES TO SUBMIT A STANDARD FORM (SF) 330, ARCHITECT-ENGINEER QUALIFICATIONS, IS CONTAINED HEREIN. THERE IS NO SEPARATE REQUEST FOR PROPOSAL (RFP) PACKAGE TO DOWNLOAD. SET ASIDE: This opportunity is 100% set-aside for small business concerns. The NAICS Code is 541330. The small business size standard classification is $25,500,000. FAR 52.219-14, Limitations on Subcontracting (JULY 2023) (Deviation 22-02R1 July 2023) is applicable to this acquisition. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. If a firm is competing for this contract under a contractor team arrangement as defined in FAR Subpart 9.6, the firm must submit, along with their SF 330, a written agreement identifying the contractor team arrangements and fully disclosing the company relationships. In the event this written documentation is not complete at the time of the SF330 submission, the partnership or joint venture shall submit a notarized letter of intent documenting the intent to form the partnership or joint venture to act as a potential prime contractor for award of this contract and fully disclosing the company relationships. The partnership or joint venture may (but need not) be in the form of a separate legal entity. The partnership or joint venture need not be registered in SAM.gov at time of SF 330 submission, but each partner in the partnership or joint venture must be registered at the time of submission and the partnership or joint venture must be registered in SAM.gov prior to contract award. The documentation verifying the joint venture will not be considered part of the page limit for SF 330 submission. DESCRIPTION OF WORK: The U.S. Coast Guard has a requirement for a Multiple Award Task Order Contract (MATOC) Indefinite Delivery/Indefinite Quantity (IDIQ) contract to provide professional Architectural/Engineering (A/E) Services to support the Civil Engineering Program in the U.S. Coast Guard District 17 Area of Responsibility (AOR), within the State of Alaska. Facilities impacted by projects include operations buildings, hangars, boat houses, firing ranges, residential and light commercial buildings, mechanical and electrical systems, site utilities, waterfront facilities, electronic surveillance/security construction, dredging, structural inspections, navigational ranges, aids to navigation (ATON) structures, and airports/runways. Work shall include, but is not limited to, miscellaneous general construction engineering and architectural services including architecture, mechanical, structural, civil, sanitary, surveying, geotechnical, telecommunications, arctic, and coastal engineering. Services to be obtained may also include assessment of existing conditions, review of project designs, analysis of alternatives, development of final designs and construction contract documents, and forensic engineering studies with an emphasis on sustainable design recommendations for cost effective solutions. Most work will consist of, but is not limited to: 1. A/E services to prepare bridging documents, concept designs and technical specification for Design-Build and/or Design-Bid-Build request for proposal procurement utilizing The D17 Regional Multiple Award Construction Contractors (RMACC) and other construction contract vehicles or stand-alone construction contracts. Services may include selected engineering disciplines and drafting to supplement in-house design teams and/or a multi-discipline engineering and design team. 2. Studies and reports, including: a. Existing building system (architectural, structural, mechanical, electrical, etc.) evaluations. b. Existing civil site system (sanitary, drainage, water, etc.) evaluations. c. Existing waterfront facilities (above and below water) and load bearing structure evaluations. d. Environmental (lead, asbestos, sediment, soil, groundwater, etc.) surveys, sampling, and testing. e. Generating and evaluating alternatives for architectural, structural, civil, electrical, mechanical, or other systems. f. Performing site surveys and inspections and preparing drawings, calculations, cost estimates, economic analysis, and other work necessary to complete quality studies and reports, including Facility Inspections, Needs Assessments and Deficiency Studies. g. Geotechnical surveys. h. Forensic engineering studies. 3. Designs in a wide range of renovation, design, and government owned/leased facility projects: a. Light commercial, including building systems. b. Residential, including building systems. c. Site work, including utilities, grading, drainage, and paving. d. Special Construction, including waterfront facilities, dredging, airports/runways, transmitter buildings, surveillance/ security, and other specific construction. e. Energy conservation, waste reduction and the use of recovered materials. f. Controls systems including SCADA, DDC, PLC, MCC, etc. g. Other architect-engineer services consistent with FAR 36.601-4. 4. Field Services: Provide a full range of field work, including construction management, inspection, construction contract support services and field support services. The A/E firm shall provide all necessary personnel, facilities, equipment, materials, and subcontractor services to simultaneously execute multiple task orders issued under this scope of services. The A/E firm shall ensure that all activities performed by its personnel, subcontractors and suppliers are executed as required in compliance with all applicable environmental and safety laws and regulations and shall meet all relevant, appropriate, and applicable professional standards. Services will be detailed on each specific Task Order. SELECTION PROCESS: Federal Acquisition Regulations (FAR) Part 36.6 (“The Brooks Act”) selection procedures apply. Evaluation and selection will be based on the criteria stated herein and selection will be made according to the two-step process described below. The USCG is authorized to use a preselection board as outlined in FAR 36.602-2 and HSAM 3036.602.2. The term “preselection board” is synonymous with the term “slate” in a “Slate Selection Board.” The USCG will use one group of USCG employees comprised of technical experts in the field for the Slate Selection Board. The Contracting Officer will advise the Slate Selection Board. The “Slate Selection” process is a two-step process where step one (slate) consists of the Slate Selection Board reviewing the SF 330s submitted in response to the synopsis and developing a list of those firms that are considered “most highly qualified” with which to hold discussions in accordance with FAR 36.602-3(c). The number of firms that are considered most highly qualified will be sufficient such that the intended number of awards can be made. Step two (selection) consists of the Slate Selection Board conducting discussions with the most highly qualified firms and then using the information gathered from the discussions and the SF330s to establish a ranking of the most highly qualified firms. The highest ranked firms are then “selected” and sent a solicitation including a request for rate proposals. For the purposes of conducting debriefs, this is considered the “final selection” in FAR 36.607. Negotiations are then conducted with those selected firms until a mutually agreeable contract with negotiated labor rates is established. Should a mutually agreeable contract with negotiated rates not be established, the next highest ranked firm or firms would be contacted. Firms will be notified in writing after step one has been completed as to whether they are being invited for discussions. After the “final selection” has occurred, firms will be notified in writing as to which firms were selected for negotiations. Firms may then request a debrief which will be provided as soon as reasonably possible. In all cases, the USCG will make a best attempt to debrief firms as outlined in FAR 36.607. Note that the A-E debriefing requirements are based on a limited subset of the FAR 15.506 requirements, and it is the USCG’s interpretation that FAR 15.506(d)(2) through (d)(5) do not apply. Firms will be debriefed from the written records of the Slate Selection Board. Debriefs will be provided in writing. Firms will also have the option of requesting an optional follow-up telephone conference to discuss the written debrief materials. The telephone conference option must be elected within two business days of receiving the written debrief materials. Step One (Slate) The SF330 will be assigned a rating of Exceeds, Meets, or Does Not Meet for each of the evaluation criteria. Those SF330s that receive the greatest number of highest ratings for the evaluation criteria, considering the relative order of importance of the evaluation criteria, will be considered most highly qualified. A ranking of all offerors that submitted SF330s will not be developed. Exceeds, Meets and Does Not Meet criteria ratings are defined as follows: Exceeds Criteria (E) – The SF330 addresses all aspects of the criteria in detail. The SF330 provides clear and compelling evidence to support statements made addressing the criteria. The SF330 demonstrates fulfillment of the required qualifications, and it exceeds the qualifications in a manner that offers distinct advantages to the Government. Meets Criteria (M) – The SF330 addresses all aspects of the criteria. The SF330 provides evidence to support statements made addressing the criteria. The SF330 demonstrates appropriate fulfillment of the required qualifications. Does Not Meet Criteria (NM) – The SF330 does not address all aspects of the criteria. The SF330 does not provide sufficient evidence to support statements made addressing the criteria. The SF330 does not demonstrate appropriate fulfillment of the required qualifications. Neutral (N) (Past Performance only) - SF330, Part I Section F projects do not have a performance record identifiable upon which to base a meaningful performance rating. A search was unable to identify any relevant past performance for the offeror. This is neither a negative nor positive assessment. The board will then create a ranking in descending order of the firms that are considered most highly qualified. The highest ranked firms will then be invited to discussions. It is intended that the number of firms invited for discussions will be sufficient such that up to four small business IDIQ contracts may be awarded. Step Two (Selection) The most highly qualified firms will then be invited to discussions. A firm will not be invited to a discussion if it cannot be determined most highly qualified by the evaluation board. Upon completion of discussions, the Slate Selection Board will determine a final ranking of the most highly qualified firms. The Slate Selection Board will first establish a numerical ranking accompanied by a narrative justification for each evaluation criterion. Both the information gathered from the discussions and the SF330s will be used in the ranking process. The highest ranked firm in a criterion will be given a ranking of one. The second highest ranked firm in a criterion will be given a ranking of two and so on for all those firms that were considered most highly qualified and invited for discussions. In the case of a tie, all firms that the Slate Selection Board has determined tied for a ranking in a certain criterion will be given the same ranking. Once all firms are ranked for individual criterion, the Slate Selection Board will evaluate these rankings to determine an overall ranking of all firms. The Slate Selection Board will consider the numerical rankings for each criterion, the relative order of importance of the evaluation criteria, and underlying facts that resulted in rankings. Firms cannot tie in the overall ranking. The highest ranked firms will be selected for negotiation of a mutually agreeable contract award. On-Ramping The Government reserves the right to on-ramp additional active pool awardees at any time during the term of the contract. The on-ramped Contractor’s contract will share the same remaining ordering period options as those options exercised by all other respective pool active AK AE MATOC IDIQ Contractors. The converted Contractor’s contract must expire on the same date as all other active pool Contractors. The on-ramp pool Contractor is subject to a responsibility determination IAW FAR Part 9.104, a past performance validation, and must remain in compliance with the original AK AE MATOC IDIQ solicitation requirements before the Government can determine to issue the Notice of Intent to on-ramp a Contractor. Off-Ramping The Government reserves the right to off-ramp active pool AK AE MATOC IDIQ Contractors when it is determined to be in the best interest of the Government. The Government may off-ramp a Contractor by permitting a Contractor’s contract to expire instead of exercising an option, change the ordering period end date to an earlier date, implement a termination for convenience, implement a termination for default, or take any other action permitted by the contract terms and conditions. The Government’s sole and complete liability to an off-ramped Contractor is the $5,000.00 minimum guarantee. SELECTION CRITERIA: Each firm and its proposed team must demonstrate its qualifications with respect to the selection criteria listed below in descending order of importance: Review of the SF330 will begin with the Professional Qualifications Selection Criteria. A SF330 submission that does not meet the Professional Qualifications Selection Criteria will not be reviewed any further. SF330s that meet or exceed criteria for the Professional Qualifications will then be carefully and completely evaluated by the Slate Selection Board using the remaining evaluation criteria. 4.1 Professional Qualifications (a) Provide evidence that the firm is permitted by law to practice the professions of architecture or engineering, for projects in the State of Alaska. i.e., business license or other documentation. (b) Provide affirmative statement that the firm has either in-house or through sub-consultants, the disciplines listed below, with registration required where applicable. At least three of the Key Personnel listed below, including Principal/Program Manager and Project Manager, must be provided by the prime. (c) Submit one (1) resume for each of the positions and disciplines identified below, within Section E of the SF 330 (including sub-consultants). Submit no more than nine (9) resumes, each no greater than two (2) pages in length. In PART I, Section E, Block 13, under ROLE IN THIS CONTRACT, the same discipline nomenclature as listed below must be used. If an individual will serve in more than one discipline, then those disciplines shall be clearly indicated in PART I, Section E, Block 13. In PART I, Section E, Block 19, under RELEVANT PROJECTS, include only projects having the design or project deliverable 100% complete within the past ten (10) years of the posting date of this synopsis. **One resume may cover more than one discipline. In instances where one individual’s resume is used to cover more than one discipline, two (2) pages may be allotted for each of the disciplines. Key Personnel Disciplines required are as follows: *Alaska Professional Engineering license required. Provide Alaska registration number in résumé or type of certification as applicable. Include applicable Alaska-specific experience in résumé. ** Qualifications per Statement Of Work Section II, B, A-E’s Project Management, Coordination, and Quality Control (1) Program Manager** (2) Project/Task Order Manager** (3) Civil Engineer*; (4) Architect*; (5) Mechanical Engineer*; (6) Electrical Engineer*; (7) Structural Engineer*; (8) Fire Protection Engineer* (four years’ experience with all current nationally recognized codes such as National Fire Protection Agency (NFPA), with special emphasis on NFPA 101 Life Safety with at least two years’ experience in the design of sprinkler fire protection systems); (9) Geotechnical Engineer* (Alaska Civil Engineer P.E. with foundation/geotechnical experience).; Evaluation Methodology: Evaluation of each discipline will consider education, registration, relevant experience, and continuity with the firm. Evaluation will be based on a subjective assessment by the Slate Selection Board of the firm’s ability to effectively address the professional qualifications as described above. A firm that provides resumes for key personnel with greater levels of education, relevant experience, and longevity with the firm will be considered more highly qualified than one that provides less qualified personnel, with less education, less relevant experience, and a shorter duration with the firm. A firm with more in-house disciplines/capabilities is more highly desirable than one that relies on sub-consultants. The Slate Selection Board will determine whether the firm and its proposed team exceeds, meets, or does not meet the criterion based on how effectively the criterion is addressed. NOTE: If a firm’s submission for criterion 4.1 does not receive “Meets Criteria (M)”, the remainder of the SF 330s will not be evaluated. 4.2 Specialized Experience and Technical Competence: In PART I, Section F, of the SF330, provide example projects that include the items 1-14 below (representation of all 14 is not required). One project may address multiple items or multiple projects may address a single item. Submit no more than six (6) projects with the design or project deliverable 100% completed within the last 10 years of the date of this synopsis. One (1) of the six projects may be from subconsultants. In the instance of JVs, at least one (1) project must be submitted from each partner. An IDIQ contract is not considered a project. All projects MUST be Alaska based. Provide at least 2 projects for developing contract ready documentation for Design-Bid-Build contracts. Provide at least 1 project for developing contract ready bridging documentation for Design-Build contracts. Provide at least 2 projects for Engineering Support Services. Project: A project is defined as one contract or one task order for which one Contractor Performance Assessment Reporting System (CPARS) evaluation or Past Performance Questionnaire (non-Government work) would be assigned. Multiple task orders or contracts for either a public or private entity shall not be combined under one Past Performance Questionnaire (PPQ). An IDIQ contract is not considered one project. If one contract has multiple option years and has only one CPARS evaluation, it will be considered one project. Multiple task orders for the same site are not considered one project. Multiple contracts for the same site are not considered one project. Include supplemental information in narrative form in Section H describing the firm's experience in the following: (1) Design-build bridging documents for government or commercial facilities; (2) Design of vertical government or commercial facilities (3) Design of horizontal government or commercial facilities (4) 100% construction plans and specifications; (5) Design of industrial facilities; (6) Design of waterfront facilities; (7) Preparation of cost estimates and/or value engineering studies; (8) Design of high performance and sustainable buildings and/or building features; (9) Preparation of permit applications relating to construction projects; (10) Topographical surveys; (11) Geotechnical and/or subsurface investigations; (12) Hazardous materials surveys and/or abatement/remediation planning; (13) Facility condition assessments. (14) Coordination with Alaska State Environmental Regulatory agencies. Evaluation Methodology: Evaluation will be based on a subjective assessment by the board of the firm’s ability to effectively address the specialized experience and technical competencies as described above. A firm that more effectively addresses the required specialized experience and technical competencies will be considered more highly qualified than one that is not able to. 4.3 Quality Management and Capacity: In Section H, describe the firm's quality management plan, including quality assurance process, coordination of the in-house work with sub-consultants including the process for virtual teaming with other offices, and prior experience of the prime firm with any significant sub-consultant(s). Describe the firm’s capacity to accomplish multiple simultaneous task orders across multiple simultaneous task order in various architectural-engineering phases at disparate locations. Demonstrate how the firm will provide the most highly qualified team for each task order. Evaluation Methodology: Evaluation will be based on a subjective assessment by the board of the firm’s ability to effectively address the Quality Management and Capacity as described above. A firm that more effectively addresses Quality Management and Capacity will be considered more highly qualified than one that is not able to. A firm that can effectively address all the aspects of this criteria will be considered more highly qualified than one that does not. A firm with a longer relationship with key sub-consultants may be considered more highly qualified than one with a shorter relationship with key sub-consultants. 4.4 Past Performance: A performance record must be submitted for each project included in the SF 330 submission Part I Section F. DO NOT submit past performance for projects not included in Section F (ACASS/CPARS or past performance questionnaires). Evaluation Methodology: Past performance will be evaluated in terms of 1) Technical/Quality of Product or Service 2) Cost Control 3) Schedule/Timeliness 4) Management or Business Relations 5) Small Business Subcontracting 6) Regulatory Compliance 7) Other. Evaluation will be based on a subjective assessment by the board of the relevance and ratings of the past performance evaluations submitted. Evaluating past performance may also include information provided by the firm, customer inquiries, Government databases, and publicly available sources. An offeror without a record of relevant past performance or for whom information on past performance is not available; the offeror may not be evaluated favorably or unfavorably on past performance. Failure to provide requested data, accessible points of contact, or valid phone numbers may result in a firm being considered less qualified. 4.5 Locality Expertise and Knowledge: In Part I, Section H, of the SF 330, demonstrate experience conducting multiple different types of architect-engineering projects throughout coastal Alaska including remote areas like Kodiak, Sitka, Ketchikan, and Valdez. Demonstrate knowledge of and expertise in different challenges throughout remote coastal Alaskan locations, including but not limited to consideration for high wind, seismic, tidal variation, precipitation, and local cost factors. Evaluation Methodology: Based on the projects submitted, the Slate-Selection Board will assess the firm’s and its proposed team’s ability to effectively address the knowledge of locality as described above. A firm and its proposed team that more effectively addresses knowledge of locality will be considered more highly qualified than one that does not. The Slate-Selection Board will determine whether the firm and its proposed team exceeds, meets, or does not meet the criterion based on how effectively the criterion is addressed. CONTRACT STRUCTURE The Government intends to award to up to four A-E firms, on a Firm-Fixed-Price, Indefinite-Delivery Indefinite-Quantity, Multiple Award contract. The work will be required on an as-needed basis during the life of the contract. Federal Acquisition Regulations (FAR) Part 36.6 (Brooks A-E Act) selection procedures apply. Firms must have a 3rd party audit of overhead rates prepared prior to submission of rate proposals (Defense Contract Audit Agency or other 3rd party). The contract will include a base ordering period, with nine subsequent annual ordering periods for a total duration of 10 years. Labor and overhead rates will be negotiated prior to award of the contract. Labor escalation rates for the annual ordering periods after the base will be negotiated prior to award of each contract. The profit, Overhead and Subconsultant Fee will be negotiated prior to award of each contract. There will be no total per contract limit or annual contract limit, but when all IDIQ contracts are combined, the total aggregate value will not exceed $45,000,000 (Forty-five Million) over the life of the contract. The Government will determine the contract task order amount using the negotiated contract rates for each ordering period and negotiate the effort to perform the specific project. The appropriate NAICS for this contract is 541330. The small business size standard classification for this contract is $25,500,000. Estimated date of contract award is May 2025. Award of Task Orders under these IDIQ contracts are anticipated to vary from a minimum of $3,000.00 to a maximum of $3M per task. This maximum order range may be exceeded with approval from the administrative contracting officer for the MATOC. A minimum guarantee of $5,000.00 for the contract will be funded at award. Should the A-E firm be awarded a task order, the minimum guarantee will be de-obligated. Each task order will have a project specific period of performance. The task orders issued under the awarded contracts will be competed under Fair Opportunity, FAR 16.505 (b), which will be awarded based upon the qualifications of the firm as required to best meet the requirements of the task order. The Government will determine the contract task order amount using the negotiated contract rates for each ordering period and negotiate the effort to perform the specific project/task order. REQUIRED REGISTRATIONS All A-E firms are advised that registration in the System for Award Management is required prior to contract award. For more information, check the website at SAM.gov | Entity Registrations SUBMISSION REQUIREMENTS Architect-Engineer Firms which meet the requirements described in this announcement are invited to submit a completed SF 330. Exceptions to page count (must not contain information related to selection criteria): Cover Page (Limited to 1 page) Part II – General Qualifications Joint Venture paperwork Front cover Back cover Divider pages/tabs Pages defining acronyms Past performance submissions (this is limited to evaluation printout from ACASS or CPARS or the Past Performance Questionnaire attached) Responses shall not exceed 40 pages (8-1/2 x 11 inch), single-sided print or 20 pages (8-1/2 x 11 inch) double-sided print. Include page numbers on pages that will be counted toward the page limitation. Pages not counted toward the page limitation need not have page numbers, but additional pages that are determined to be not applicable will be removed from the submission by the Contracting Officer and will not be evaluated. For submittal purposes, a task order on an IDIQ contract is considered a project as is a standalone contract award. Do not list an IDIQ contract as an example of a completed project. Responses will be presented using standard page size (8.5-in. by 11-in.), standard page margins (not less than included on the SF 330), and standard font size (11 pt. for all content added by the firm. Default font size as included in the SF 330 forms available from GSA is acceptable.) other than headers, footers, tables, spreadsheets, figures, and graphics which can be provided at not less than 8 pt font. Up to three (3) pages of the total page count may be presented on 11-in. by 17-in. page size but is strictly limited to the presentation of tables, spreadsheets, figures, or graphics. All pages submitted will be considered as part of the page count except for cover letter (limited to 1 page), Part II – General Qualifications, joint venture paperwork, front cover, back cover, and divider pages/tabs (must not contain information related to selection criteria), pages defining acronyms, and past performance submissions. If no ACASS/CPARS past performance is available, submit the attached past performance questionnaire filled out by the client. As an alternative to the prescribed PPQ form, information previously completed by a client may be submitted if the information contained is substantially the same information in the attached PPQ form. Past performance submissions shall be submitted under a separate tab labeled “Past Performance”. Supplemental past performance information may be submitted in Section H but will be included in the page count. Resumes submitted under Part 1 Section E are limited to those positions listed in the evaluation criteria above. Resumes will be considered as part of the page limitation. Resumes are limited to 2 pages per discipline/key personnel. Resumes for other positions will not be considered and should not be submitted. Should a firm be selected for contract award, additional positions, labor categories and their associated rates will be subject to negotiation. Substitutions of Key Personnel shall be approved by the Contracting Officer. Any Key Personnel substituted after award of this contract shall be equal to or better than the Key Personnel included in the SF 330 submission. SF330, Section D: Organization Chart: In addition to the Instructions provided for the SF 330, identify the overall relationship and lines of authority of the proposed team, including key subconsultants. (Note: All individuals listed on the organization chart are not required to have a resume in Section E, such as administrative or lower-level engineering positions.) Organization Chart is part of page limitation. Part II – General Qualifications Special Instructions: In Block 9, firms are to use the positions listed above in the evaluation criteria for disciplines and include any other relevant Function Codes included in the SF330. Please include a separate Part II for each branch office and each sub-consultant as applicable to this announcement that the offeror intends to use for this contract. A $5,000 minimum guarantee will be included in the award of the base contracts as a concurrent task order and later deducted when the first order is obligated that is commensurate with the minimum guarantee. After selection, the firms will be asked to provide a rate proposal in response to a Request for Proposal (RFP)/Solicitation will begin with the firms recommended for final selection with the goal of establishing rates for the contract that are fair and reasonable. If rates are not successfully negotiated, then the Coast Guard will negotiate with those firms that are next in line ...