S-AQMMA-09-R0159 Ljubljana Solicitation -- 10-16-09.doc

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TABLE OF CONTENTS

6Section B - SUPPLIES OR SERVICES AND PRICES

6B.1 SERVICES

6B.2 TYPE OF CONTRACT

6B.3 OFFERS AND PAYMENT IN U.S. DOLLARS

6B.4 PAYMENT, CEILING, AND WITHHOLDING

7B.5 EMPLOYEE SALARY BENEFITS

7B.6 LABOR CATEGORIES

8B.7 BASE YEAR AND OPTION YEAR PRICING

13B.8 PRICE SCHEDULE

18DOSAR 652.216-71 - PRICE ADJUSTMENT (AUG 1999)

21SECTION C - PERFORMANCE WORK STATEMENT (PWS)

21C.1 PURPOSE AND OBJECTIVES

21C.2 BACKGROUND

21C.3 MISSION AND GOALS

22C.4 LOCAL GUARD SERVICES

23C.5 SPECIFIC TASKS

31C.6 TRANSITION PLAN

34C.7 DEFINITIONS

35SECTION D – packaging and marking

36SECTION E - INSPECTION AND ACCEPTANCE

36CLAUSES BY INCORPORATED BY REFERENCE

36ACCEPTABLE LEVELS OF PERFORMANCE

38SECTION F - DELIVERIES OR PERFORMANCE

38CLAUSES INCORPORATED BY REFERENCE

38F.1 PERIOD OF PERFORMANCE

38F.2 NOTICE-TO-PROCEED

39F.3 PHASED TAKEOVER

39F.4 DELIVERABLES

41SECTION G - CONTRACT ADMINISTRATION DATA

41G.1 DESIGNATION OF ADMINISTRATIVE CONTRACTING OFFICE

41G.2 INVOICING INSTRUCTIONS

43G.3 FINAL INVOICE

44SECTION H - SPECIAL CONTRACT REQUIREMENTS

44H.1 SECURITY

44H.2 APPROVAL AND ACCEPTANCE OF CONTRACTOR EMPLOYEES

45H.3 HEALTH

45H.4 LANGUAGE PROFICIENCY

46H.5 PERSONNEL REQUIREMENTS

48H.6 KEY PERSONNEL

49H.7 TRAINING REQUIREMENTS

52H.8 AUTHORITY AND JURISDICTION

52H.9 LICENSES, BONDS AND PERMITS

53H.10 VEHICLES

53H.11 WEAPONS - Reserved

53H.12 PERSONAL INJURY, PROPERTY LOSS OR DAMAGE (Liability)

54H.13 VARIATION IN QUANTITY

55H.14 GOVERNMENT FURNISHED PROPERTY

55H.15 POST AWARD CONFERENCE

56DOSAR 652.204-70 DEPARTMENT OF STATE IDENTIFICATION CARD PROCEDURES (AUG 07)

57SECTION I ‑ CONTRACT CLAUSES

57CLAUSES INCORPORATED BY REFERENCE

58I.1 TRAVEL AND SUBSISTENCE COSTS

59I.2 RIGHT OF FIRST REFUSAL OF EMPLOYMENT

59I.3 CONTRACT CHANGES

60FAR CLAUSES INCORPORATED IN FULL TEXT

61DEPARTMENT OF STATE ACQUISITION REGULATIONS

71SECTION J ‑ LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

71J.1 LIST OF EXHIBITS

71J.2 LIST OF ATTACHMENTS

72EXHIBIT A – GUARD POSTS AND SCHEDULE OF GUARD COVERAGE

75EXHIBIT B - GENERAL ORDERS AND POST ORDERS

75General Orders for Guard Force Program

86General Orders for Surveillance Detection Program

89Post Orders

90EXHIBIT C – QUALITY ASSURANCE AND SURVEILLANCE PLAN

94EXHIBIT D – CONTRACTOR-FURNISHED PROPERTY

98EXHIBIT E - GOVERNMENT-FURNISHED PROPERTY

101EXHIBIT F - HOLIDAYS

102EXHIBIT G – FIREARM QUALIFICATION STANDARDS

103EXHIBIT H - LANGUAGE SKILL LEVEL DESCRIPTIONS

108EXHIBIT I – MONTHLY INVOICE SAMPLE

109J.2 LIST OF ATTACHMENTS

110SECTION K ‑ REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

110K.1 AUTHORIZED CONTRACT ADMINISTRATOR

110K.2 FIRMS PROVIDING QUASI‑MILITARY ARMED FORCES FOR HIRE

110FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

113DOSAR 652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

114DOSAR 652.228-70 DEFENSE BASE ACT COVERED CONTRACTOR EMPLOYEES (JUN 2006)

115DOSAR 652.237-73 STATEMENT OF QUALIFICATIONS FOR PREFERENCE AS A U.S. PERSON (APR 2004)

124SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

124PROVISIONS INCORPORATED BY REFERENCE

124L.1 SITE VISIT

125L.2 CONTRACT AWARD

125L.3 ALTERNATE OFFER INFORMATION

125L.4 SOLICITATION RESPONSE

125L.5 TIME, PLACE, AND SUBMISSION OF OFFER

126L.6 DISCUSSIONS WITH THE OFFEROR

126L.7 DISPOSITION OF OFFERS

126L.8 DEBRIEFINGS

126L.9 OFFEROR QUESTIONS/CLARIFICATIONS

126L.10 LIMITATION OF SUBCONTRACTING

127L.11 PROPOSAL INSTRUCTIONS

140L.12 OBTAINING LICENSES AND PERMITS

140FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

141FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006)

141FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

141FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

141DOSAR 652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 1999) (DEVIATION)

143SECTION M - EVALUATION FACTORS FOR AWARD

143PROVISIONS INCORPORATED BY REFERENCE

143M.1 GENERAL

144M.2 EVALUATION FACTORS FOR AWARD

Section B - SUPPLIES OR SERVICES AND PRICES The following terms and conditions are applicable to the Base Year and each Option Year as outlined by this contract.

B.1 SERVICES

The Contractor shall provide local guard services in accordance with Section C – Performance Work Statement, including all Exhibits and Attachments. The Contractor shall be required to provide two types of services; (1) Standard, and (2) Additional or Emergency.

The Government may require the Contractor to supply additional materials or equipment when ordering Additional or Emergency Services. The cost of the additional materials or equipment shall be reimbursed in accordance with the terms and conditions of this contract.

B.2 TYPE OF CONTRACT

This is a Time-and-Materials (T&M) Contract as defined in Federal Acquisition Regulation (FAR) 16.601. The contract also includes firm-fixed price and cost-reimbursement components.

B.3 OFFERS AND PAYMENT IN U.S. DOLLARS

A United States (U.S.) corporation desiring to be paid in U.S. dollars should submit their offer in U.S. dollars. A U.S. corporation should not to be confused with the definition of a U.S. person for the purpose of applying U.S. preference in the proposal evaluation. (See Section K for U.S. Person definition). Any firm that does not meet the definition of a U.S. corporation shall submit its prices and receive payment in local currency: European Dollar (€ or EURO).

B.4 PAYMENT, CEILING, AND WITHHOLDING

The Government will pay the Contractor for the number of hours worked, following the procedures in FAR clause 52.232-7 in Section I of this contract.

The Contractor shall not exceed the ceiling prices, shown in pricing tables in Section B, either in total or for any category, unless the Contracting Officer (CO) signs a written contract modification to increase the ceiling.

The Government will make no withholding/retainage pursuant to FAR 52.232-7, paragraph (a) (7), "Payments Under Time-and-Materials and Labor-Hour Contracts."

The Government shall impose a deduction from the amount of payment for each instance of unacceptable performance or non-performance in accordance with Exhibit C, Quality Assurance and Surveillance Plan (QASP).

B.5 EMPLOYEE SALARY BENEFITS

The Government shall have no responsibility or liability for payment of any wages or benefits to Contractor's employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits, which may subsequently arise. Where local law requires bonuses, specific minimum wage levels, and premium pay for holidays, payments for social security, pensions, severance, sick or health benefits, childcare or any other benefit, the Contractor is responsible for these payments. The Contractor shall submit evidence of compliance with this requirement upon request by the Government. The rates/prices in Section B shall include all such costs.

B.6 LABOR CATEGORIES

Section C, Performance Work Statement, contains the specific tasks, Section H contains personnel requirements that the Contractor shall be required to provide and/or adhere to in the performance of this contract. All personnel requirements pertain to the labor categories contained under both Standard and Additional or Emergency Services. The following Exhibits provide additional information the Contractor shall use in generating prices:

Provides the specific posts by number, location, and function as well as the hours and days per week of required Contractor coverage for the Standard Services.

The General and Post Orders provide the specific labor category and duties at each post.

Provides specific performance standards, maximum allowable deviations from the standard, the negative incentives, and the surveillance methodologies.

Contractor Furnished Property required in performance of this contract and shall be provided at no expense to the Government unless otherwise provisioned for in pricing tables in Section B.

Government Furnished Property and Services provides a list of the equipment that is provided at each post at no expense to the Contractor.

Contains the Language Skill Level Descriptions. Reference Exhibit A for English Level requirements by labor category position.

B.7 BASE YEAR AND OPTION YEAR PRICING

The Contractor shall not permit any employee to work more than twelve (12) continuous hours in a twenty-four (24) hour period, except in emergency situations or as authorized by the Contracting Officer or Contracting Officer’s Representative (COR). Each Contractor guard shall have a minimum of twelve (12) hours off duty between tours on this contract, except as authorized above. The Contractor shall provide a fifteen (15) minute break once every four (4) hours during an employee’s tour of duty to allow for comfort, personal needs, stress, or other required or requested absences from the Exhibit A assigned post. The Contractor shall provide a minimum thirty (30) minute meal break at an appropriate time once during every tour of duty lasting eight (8) or more hours. Breaks shall not run consecutively.

The Contractor shall obtain the prior written approval of the COR if any employee of the Contractor performing under this contract intends to work for another firm or organization in addition to the Contractor. The Contractor shall obtain the prior written approval of the COR before assigning any guard performing under this contract to work with another client of the Contractor. The Contractor shall not bill for employee hours that exceed the twelve (12) hour tour length.

In consideration of satisfactory performance, the Government will pay the Contractor each month for the Standard and/or the Additional or Emergency services rendered. Additional or Emergency Services shall be requested by the Government as stated under Section B.8.2. The Government may or may not need the maximum number of hours as stated in Section B. The Government reserves the right to revise the requirements stated under this section as it deems necessary.

B.7.1 Standard Services Exhibit A delineates the current work locations; functions; hours of coverage; days per week and hours per day for the Standard Services required herein. The Contractor shall not subcontract or lease Standard Services.

The fixed hourly rates for Standard Services are fully burdened rates and shall include all wages (local labor law compliance if applicable and any premiums relating to overtime, holidays, or night shifts), overhead, fringe benefits, severance costs, general and administrative expenses and profit for each category of labor. Overhead costs may include administrative personnel, transition costs, materials and supplies, training, or housing for example. Labor categories for Standard Services are outlined below:

· CLIN 0001, 1001, 2001, 3001 and 4001– Guard Force Commander: Burdened rates for the services provided by a Guard Force Commander for accomplishing tasks associated with services listed in Section H.5.2.

· CLIN 0002, 1002, 2002, 3002 and 4002 – Shift Supervisor: Burdened rates for the services provided by a Supervisor for accomplishing tasks associated with services listed in Section H.5.3.

· CLIN 0003, 1003, 2003, 3003 and 4003 – Guard: Burdened rates for the services provided by a Guard for accomplishing tasks associated with services listed in Section H.5.5.

· CLIN 0004, 1004, 2004, 3004 and 4004 – Surveillance Detection Supervisor: Burdened rates for the services provided by a Surveillance Detection Supervisor for accomplishing tasks associated with services listed in Section H.5.7.

· CLIN 0005, 1005, 2005, 3005 and 4005 – Surveillance Detection Specialist: Burdened rates for the services provided by a Surveillance Detection Specialist for accomplishing tasks associated with services listed in Section H.5.8.

B.7.2 Additional or Emergency Services The Additional or Emergency (A&E) Services contained in this contract are for contingency purposes only. The Contractor shall only provide A&E hours if requested by the COR.

Additional or Emergency Services are within the scope of this contract but not specified in Exhibit A. The performance of duties listed in Exhibit A does not constitute A&E Services. The Contractor shall not subcontract or lease for the Additional or Emergency Services. Materials shall be reimbursed at cost in accordance with FAR 16.601 (except as provided for in FAR 31.205-26 (e) and (f)).

The COR may request Additional or Emergency Services to meet increased workload or temporary needs for services arising from visitors to post or special events. The Contractor shall obtain the COR’s written approval for reimbursement of any non‑expendable equipment or expendable supplies to be supplied by the Contractor related to the Additional or Emergency Services.

The COR shall confirm any oral request for Additional or Emergency Services in writing within forty-eight (48) hours of the oral request, reference Section G.2.1, Required Invoice Information.

The Contractor shall include in its next regular invoice details of the Additional or Emergency Services and any materials provided. The Contractor shall also include a copy of the COR's written confirmation to provide such services and the written approval for the reimbursement of materials billed.

The fixed hourly rates for Additional or Emergency Services are fully burdened rates and shall include all wages (local labor law compliance if applicable and any premiums relating to overtime, holidays, or night shifts), overhead, fringe benefits, severance, general and administrative expenses and profit for each category of labor. Materials shall be reimbursed at cost in accordance with FAR 16.601 (except as provided for in FAR 31.205-26 (e) and (f)). Labor categories for Additional or Emergency Services are outlined below:

· CLIN 0006, 1006, 2006, 3006 and 4006 – Guard Force Commander: Burdened rates for the services provided by a Guard Force Commander for accomplishing tasks associated with services listed in Section H.5.2.

· CLIN 0007, 1007, 2007, 3007 and 4007 – Shift Supervisor: Burdened rates for the services provided by a Supervisor for accomplishing tasks associated with services listed in Section H.5.3.

· CLIN 0008, 1008, 2008, 3008 and 4008 – Guard: Burdened rates for the services provided by a Guard for accomplishing tasks associated with services listed in Section H.5.4.

· CLIN 0009, 1009, 2009, 3009 and 4009 – Surveillance Detection Supervisor: Burdened rates for the services provided by a Surveillance Detection Supervisor for accomplishing tasks associated with services listed in Section H.5.5.

· CLIN 0010, 1010, 2010, 3010 and 4010 – Surveillance Detection Specialist: Burdened rates for the services provided by a Surveillance Detection Specialist for accomplishing tasks associated with services listed in Section H.5.6.

B.7.3 Other Direct Costs

These are items for which the Contractor shall be reimbursed at cost for all non-expendable equipment and expendable supplies, related to performance of the contract.

B.7.3.1 Vehicles

· CLIN 0011, 1011, 2011, 3011 and 4011 – Vehicles: The Contractor may request reimbursement for costs associated with providing vehicles as specified in the contract. The monthly rate shall include all operating costs including, but not limited to fuel, lubricants, oil, routine and special maintenance, care and cleaning, and insurance. The Contractor shall take into account the residual value and only charge the Government for the prorated cost applicable to this contract. Vehicles under this line item shall be used only for Surveillance Detection purposes. The costs related to vehicles used for other purposes in the performance of this contract should be included in the Contractor’s overhead. The title to all vehicles supplied by the Contractor will remain with the Contractor. No import restrictions exist and local dealerships are available in Ljubljana, Slovenia. The Contractor shall be responsible for managing the vehicle pool in a manner that restricts the need to provide replacement vehicles during the life of this contract. In the event a replacement is required the COR shall approve any vehicles that differ from the existing models. Replacement vehicles shall be at no additional cost to the Government.

B.7.3.2 Local Guard Force Radio Network

· CLIN 0012, 1012, 2012, 3012, 4012 – Radio Network: The monthly rate shall include all costs associated with radio/communications equipment (see Section C.5.12), including maintenance costs.

B.7.3.3 Reimbursable Materials

These are items for which the Contractor shall be reimbursed for all non-expendable equipment and expendable supplies, related to the performance of Additional or Emergency services. Reimbursable materials and equipment shall not exceed €712.40/US $1,000 per contract year. Contractor shall receive COR written approval before procuring any reimbursable materials.

· CLIN 0013, 1013, 2013, 3013 and 4013 – Reimbursable Materials: In the event the Government requests the Contractor to purchase Reimbursable Materials, the Contractor shall provide a minimum of two (2) vendor quotes for all purchases exceeding €356.20/$500.00 USD in support of the purchase, as well as a written justification if the Contractor selects other than the lowest priced quote. The quotes shall serve as a determination of fair and reasonable pricing by the Contracting Officer.

B.7.3.4 Dosimeters The Government shall reimburse the Contractor at cost for materials, equipment and services used to measure radiation levels in accordance with Article 29 of the local Ionizing Radiation Protection and Nuclear safety Act.

· CLIN 0014, 1014, 2014, 3014 and 4014 – Dosimeters: In the event the Government requests the Contractor to purchase Dosimeters, the Contractor shall provide a minimum of two (2) competitive vendor quotes for all purchases exceeding €4,100 EURO/$5,755.74 USD in support of the purchase, as well as a written justification if the Contractor selects other than the lowest priced quote. The quotes shall serve as a determination of fair and reasonable pricing by the Contracting Officer.

B.7.3.5 Surveillance Detection Reimbursable Equipment The items for which the Contractor shall be reimbursed are for the life cycle replacement of the cellular phones and the digital cameras as they are related to the performance of Surveillance Detection services. The Contractor shall replace twenty percent (20%) for the inventory of these two equipment items at the beginning of each option period. Reimbursable equipment shall not exceed €701.90/US$1,500 per option year period. Contractor shall receive COR written approval before procuring any reimbursable equipment.

· CLIN 0015, 1015, 2015, 3015 and 4015 – Reimbursable Equipment: At the beginning of each option period, the Government requests the Contractor to purchase Reimbursable Equipment. The make, model, and capabilities for replacement for the cellular phones and digital camera equipment are subject to approval and/or recommendations by the COR.

If the Contractor requests equipment other than previously approved or recommended by the COR, the Contractor shall submit a written justification to the COR for review and approval before the purchase of equipment will be authorized.

The Contractor shall provide a minimum of two (2) vendor quotes, in support of the equipment purchases. If the Contractor requests other than the low cost quote, the Contractor shall obtain authorization from the Contracting Officer prior to purchase.

B.7.3.6 Defense Base Act Insurance - Reimbursable The hourly rates and prices in the contract shall not include Defense Base Act (DBA) Insurance. The Government will reimburse the Contractor directly for DBA Insurance that is required and obtained in accordance with Section I, DOSAR 652.228-71, "Worker's Compensation Insurance (Defense Base Act) – Services (DEVIATION)" incorporated by full text and FAR 52.228-3, "Worker's Compensation Insurance (Defense Base Act)" incorporated by reference.

When the contract is awarded, the Contractor shall contact the Contracting Officer and request the name of the insurance broker under contract to the Department of State. After paying the DBA insurance premium, the Contractor shall include copies of the invoice from, and proof of payment to, the insurance carrier as supporting documentation with any invoice submitted to the Government requesting reimbursement for DBA insurance under this contract (Section G.2.1). The Contractor shall submit the certification to the CO before the Notice-to-Proceed (see Section F.2 about Notice-to-Proceed).

· CLIN 0016, 1016, 2016, 3016 and 4016 – DBA Insurance: The cost of DBA insurance is paid on an annual basis. The period of performance of this contract may be extended beyond one year. If so, the Contractor shall contact the Contracting Officer, request the new rates, and be reimbursed by the Government for the actual, documented DBA insurance costs.

B.7.3.7 Value Added Tax (VAT)

· CLIN 0017, 1017, 2017, 3017 and 4017 – Value Added Tax (VAT): Value Added Tax is not included in the rates for Standard Services, Additional or Emergency Services, Vehicles, communications equipment, or the estimated amount for materials, or DBA Insurance. Rather, the Contractor shall include VAT as a separate charge in the monthly invoice (see sample invoice in Exhibit I). Offerors are responsible for compliance and obligation of payment to the Republic of Slovenia for VAT (ZDDV-1) hereinafter referred to as “Sixth Council Directive 77/388/EEC.” The amount of VAT to be charged is twenty percent (20%).

Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion reflected for each performance period. All portions of the solicitation are subject to VAT except DBA.

B.8 PRICE SCHEDULE

B.8.1 Base Year

The Contractor shall provide the guard services shown below for the Base Year of the contract, starting on the date stated in the Notice to Proceed and continuing for a period of 12 months. The fixed hourly rate, estimated number of hours, and ceiling for each category are:

The Contractor shall notify the Contracting Officer in writing 60 days before the Contractor expects the total cost incurred to exceed 75% of any ceiling price not to exceed the amount listed above.

B.8.2 Option Year 1

The Government may extend the term of this contract by written notice to the Contractor in accordance with FAR 52.217-9 Option to Extend the Term of the Contract. If exercised, Option Year 1 shall continue for a period of 12 months. The fixed hourly rates, estimated number of hours, and ceiling for each category are:

The Contractor shall notify the Contracting Officer in writing 60 days before the Contractor expects the total cost incurred to exceed 75% of any ceiling price not to exceed the amount listed above.

B.8.3 Option Year 2

The Government may extend the term of this contract by written notice to the Contractor in accordance with FAR 52.217-9 Option to Extend the Term of the Contract. If exercised, Option Year 2 shall continue for a period of 12 months. The fixed hourly rates, estimated number of hours, and ceiling for each category are:

The Contractor shall notify the Contracting Officer in writing 60 days before the Contractor expects the total cost incurred to exceed 75% of any ceiling price not to exceed the amount listed above.

B.8.4 Option Year 3

The Government may extend the term of this contract by written notice to the Contractor in accordance with FAR 52.217-9 Option to Extend the Term of the Contract. If exercised, Option Year 3 shall continue for a period of 12 months. The fixed hourly rates, estimated number of hours, and ceiling for each category are:

The Contractor shall notify the Contracting Officer in writing 60 days before the Contractor expects the total cost incurred to exceed 75% of any ceiling price not to exceed the amount listed above.

B.8.5 Option Year 4

The Government may extend the term of this contract by written notice to the Contractor in accordance with FAR 52.217-9 Option to Extend the Term of the Contract. If exercised, Option Year 4 shall continue for a period of 12 months. The fixed hourly rates, estimated number of hours, and ceiling for each category are:

The Contractor shall notify the Contracting Officer in writing 60 days before the Contractor expects the total cost incurred to exceed 75% of any ceiling price not to exceed the amount listed above.

B.8.6 Grand Total Price

The total ceiling price for the base period and all option years is as follows:

DOSAR 652.216-71 - PRICE ADJUSTMENT (AUG 1999)

(a) The contract price may be increased or decreased in actual costs of direct service labor. The changes result from laws enacted and effective during the term of this contract by the Government of Slovenia. Direct service labor costs include only the costs of wages and direct benefits (such as social security, health insurance, unemployment compensation insurance) paid to or incurred for the direct benefit of personnel performing services under one of the categories listed in Section B of this contract. Price adjustments will include only changes in direct service labor costs incurred in order to comply with the requirements of law. No adjustment will be made under this clause with respect to labor costs of personnel not performing direct service labor under the categories of Section B, or for overhead, profit, general and administrative (G&A) costs, taxes or any other costs whatsoever.

(b) For the contracting officer to consider any request for adjustment, the Contractor shall demonstrate in writing:

(1) That the change in the law occurred during the term of this contract and subsequent to the award date of this contract; and

(2) That the change in the law could not have been reasonably anticipated prior to contract award; and,

(3) How the change in the law directly affects the Contractor's costs under this contract.

(c) The Contractor shall present data that clearly supports any request for adjustment. This data shall be submitted no later than 30 calendar days after the changes in the law have been made public. This data shall include, but not be limited to, the following:

(1) The calculation of the amount of adjustment requested; and,

(2) Documentation that identifies and provides the appropriate portions of the text of the particular law from which the request is derived.

(d) In order to establish the change between the requested adjusted rate and the original rate, the Contractor shall support the appropriate data and composition of the original rate and the requested adjusted rate. This shall include details regarding specific hourly rates paid to individual employees. For contracts paid in U.S. dollars, the Contractor's request for price adjustment shall present data reflecting:

(1) The exchange rate in effect on the date of the Contractor's proposal that was accepted for the basic contract; and

(2) The current exchange rate and its effect on payment of workers in local currency. The allowable adjustment shall be limited to the extent to which increases in direct service labor costs due to host country law changes are not offset by exchange rate gains.

(e) Only direct cost changes mandated by enacted laws shall be considered for adjustment under this contract. Changes for purposes of maintaining parity of pay between employees at the minimum mandated levels and employees already paid at levels above the newly mandated minimums shall not be considered. Therefore, if the Contractor elects to increase payments to employees who are already being paid at or above the mandated amounts, such increased costs shall be borne solely by the Contractor and shall not be justification for an increase in the hourly and monthly rates under this contract.

(f) Any request for adjustment shall be presented by signature of an officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs.

(g) No adjustment shall be made to the contract price that relates to any indirect, overhead, or fixed costs, profit or fee. Only the changes in direct service labor wages (and any benefits based directly on wages) shall be considered by the U.S. Government as basis for contract price changes.

(h) No request by the Contractor for an adjustment under this clause shall be allowed if asserted after final payment has been made under this contract.

(i) This clause shall only apply to laws enacted by the Government of Slovenia meeting the criterion set forth above in paragraph (b). No adjustments shall be made due to currency fluctuations in exchange rates.

SECTION C - PERFORMANCE WORK STATEMENT (PWS)

C.1 PURPOSE AND OBJECTIVES

The United States Department of State (DOS) has a requirement for a qualified Contractor to provide local guard services at the American Embassy Ljubljana. The Embassy requires a secure environment to conduct its mission. The Contractor shall provide the organizational structure, management, and qualified staff at levels adequate to meet or exceed the requirement contained in this PWS.

C.2 BACKGROUND

The DOS, Bureau of Diplomatic Security (DS) plays an essential role in ensuring that foreign policy missions are accomplished in a safe and secure environment. DS accomplishes this objective by making the protection of people, information, and property its top priority. DS develops and implements effective security programs to safeguard Foreign Service personnel as they implement foreign policy and promote U.S. interests around the world. The protection of life is the most critical element of the DS mission, and is an absolute requirement for the global conduct of foreign affairs.

DS Special Agents that are assigned to U.S. diplomatic missions overseas serve as the Regional Security Officers (RSO). The RSO provides the first line of defense for DOS personnel, their families, U.S. diplomatic missions, and national security information. The RSO develops and implement the programs that shield U.S. missions and residences from physical and technical attack. The RSO receives valuable assistance in this effort from other Diplomatic Security personnel, Marine Security Guards (MSG), local investigators, and security engineering officers, and host government officials. The RSO serves as the primary liaison with foreign police and security services overseas in an effort to obtain support for U.S. law enforcement initiatives and investigations. The RSO also serves to monitor the performance of the local guard services as the Contracting Officer’s Representative (COR).

C.3 MISSION AND GOALS

The primary mission of the Local Guard Force (LGF) is to protect U.S. Government personnel, facilities, and information against all threats, manmade and/or natural. The LGF is one component of the Mission’s security apparatus and complements other physical, technical, and procedural security systems. The LGF shall carry out specific actions as described in these General and Post Orders (See Exhibit B). The local guard services shall prevent unauthorized access; protect life; maintain order; deter criminal attacks against employees; dependents and property and terrorist acts against all U.S. assets, and prevent damage to Government property.

C.4 LOCAL GUARD SERVICES

The Contractor shall be required to provide Standard and Additional or Emergency local guard services. The Contractor shall maintain a sufficient number of trained and qualified personnel in order to meet the required hours of operation for each post. The Standard Services are set forth in Section J, Exhibit A. The Contractor local guard services shall act as an early warning signal to the Embassy and RSO. The Contractor shall ensure that the local guard service personnel comply fully with the General and Post Orders contained in Section J, Exhibit B.

The requirement for Additional or Emergency Services may stem from such things as a VIP (Very Important Person) visitor to the Embassy, information indicating a possible terrorist attack, or change in threat environment. These changes form the basis for on-going analysis and review of the structure and location of posts as well as the level of security in effect.

The Contractor shall provide both basic and re-certification training at no additional cost to the Government (see Section H.7 on Training Requirements). Contractor personnel are prohibited from providing guard services if they have not successfully completed basic and/or re-certification training. Re-certification training shall include any new material bearing on the performance of the local guards that is deemed necessary by the COR. The Contractor is required to subject its personnel to the U. S. Government's approval prior to their posting (Section H.2).

C.4.1 General and Post Orders The General Orders provide directions and instructions of general application to the Contractor personnel. Post Orders provide detailed instructions to persons assigned to a specific guard post. The Contractor shall ensure that guard personnel are complying with these orders. These orders will not be modified or revised without the written authority of the RSO, American Embassy Ljubljana.

The Government may make changes to the orders within the scope of the contract. All changes and revisions to the orders shall be accomplished by issuance of contract modification. The Contractor may submit to the COR any request for changes to the orders.

The General and Post Orders shall only be provided to the Contractor in English. The Contractor is responsible for translating both General and Post Guard Orders into the local language. The Contractor shall maintain a copy of the General Orders and the respective Post Orders in both English and local language versions as applicable, at each designated post listed in Section J, Exhibit A. The Contractor shall insure that all updates and revisions to the General and Post Orders are maintained at each post. Reference Exhibit B for General Orders and Post Orders.

C.4.2 Types of Service The Contractor shall provide Standard Services for the posts set forth in Section J.1, Exhibit A. The Contractor shall provide Additional or Emergency (A&E) Services as requested by the COR. The Contractor shall not subcontract or lease Standard Services or the A&E services.

The COR may orally request, followed up in writing, A&E services to meet increased workload or temporary needs for services arising from visitors to post or special events. The Contractor shall obtain the COR’s approval for reimbursement of any non‑expendable equipment or expendable supplies to be supplied by the Contractor related to the A&E services.

The COR shall confirm any oral request for A&E services in writing within forty-eight (48) hours of the oral request.

The Contractor shall include in its invoice details of the A&E services and any materials provided. The Contractor shall also include a copy of the COR’s written confirmation to provide such services in accordance with the requirements of Section G.2.1.

C.5 SPECIFIC TASKS

In performing these services the Contractor shall be required to control access to the facilities; protect human life; maintain order, and resist attacks against mission personnel, visitors, and families under COM authority. The Contractor shall provide roving foot patrols of the Embassy compound. The Contractor shall be responsible for responding to intruder alerts and for notifying the RSO, Embassy personnel, as well as local police and fire authorities.

The Contractor shall be required to establish a radio network in performing the following services.

C.5.1 Entry Control The Contractor shall deter and report unauthorized personnel or vehicular entry into areas designated by the Regional Security Office as a controlled area including both office buildings and official residences. The Contractor shall immediately report all serious or unexpected incidents to the RSO.

C.5.1.1 Office Building Entry Control

The Contractor shall intercept and identify visitors outside the secure premises. Guards shall screen visitor identification. At designated buildings, guards shall request specified identification cards and U.S. passports and shall permit only persons holding them to enter the premises. The guards shall screen visitors and their possessions using the access control equipment to detect the presence of weapons or other prohibited items. If anyone refuses to identify himself/herself and attempts to enter the building, the guard shall use necessary force (see Exhibit B) to detain the individual and notify the RSO immediately.

C.5.1.2 Official Residence Entry Control

The Contractor shall intercept and identify visitors outside the residence gate. Guards shall screen visitor identification and maintain a log of visitors. Guards shall deny access to visitors whose arrival is not expected at the entrance until cleared by authorized personnel. Guards shall ensure that visitors stay outside the gate until properly identified and screened in accordance with RSO access control procedures. If anyone refuses to identify himself/herself, and attempts to enter the residence, the guard shall use necessary force to detain the individual and shall notify the RSO, local police, and the supervisor on duty.

C.5.1.3 Control Vehicular Entry and Access

The Contractor shall examine all Government, commercial, and visitor vehicles entering a secured office building premises. Guards shall check vehicle passengers for proper identification and the vehicle for contraband and/or suspicious items in accordance with Exhibit B. Guards shall only grant access to authorized vehicles that have been properly screened. The Contractor shall keep logs of vehicles granted access to secure premises.

C.5.1.4 Inspection and Surveillance

The Contractor shall physically examine all packages, personal bags/purses, and mail carried by any person accessing guarded premises or delivering packages or mail. Guards shall inspect official residence perimeters. Guards shall attempt to detect and prevent fires in residences. In the event of fire, guards shall summon the Fire Department and assist in evacuation of residents. Guards shall report any suspicious vehicles or persons near the residence to the local police and the RSO.

C.5.1.5 Explosive and/or X-Ray Inspection Equipment The Contractor shall provide personnel to operate the Explosive Detectors and X-ray Inspection Equipment. The Contractor shall adhere to the applicable Post Orders (see Exhibit B).

Contractor employees assigned to posts that utilize explosive detectors and/or X-ray inspection equipment shall be adequately and properly trained in the operation of this equipment. The posts are set forth in Exhibit A. The Government will furnish the Contractor’s training instructors with a set number of hours of training annually in order for the Contractor to be able to provide the necessary training (reference Section H.7.5).

C.5.2 Patrols The Contractor shall be required to provide foot patrols throughout the Embassy compound. The Contractor shall implement patrol procedures that avoid establishing a set time and pattern for each patrol round.

C.5.2.1 Perimeter Patrol

The Contractor shall be required to perform roving foot patrols in accordance with Exhibit B. The Contractor shall make rounds within designated areas as directed by the RSO. Guards shall change their course and pace while patrolling grounds to avoid establishing a set time and pattern of perimeter rounds.

C.5.2.2 Mobile Patrol - Reserved

C.5.3 SURVEILLANCE DETECTION (SD) OPERATIONS

The Contractor shall provide surveillance detection operations as part of this contract, consisting of the following requirements. Surveillance Detection Operations are discreet and are not to be considered as a replacement for ongoing efforts; they will only supplement activities already in place. Surveillance detection operations are intended to be an early warning mechanism to detect rather than protect. Since coordination and cooperation with host country police and/or security forces will be required, it will be essential to recognize any political sensitivities that may arise. The Contractor shall be able to adapt the program to accomplish its objectives while easing any concerns by either the Mission or the host country.

C.5.3.1 General The Contractor shall provide surveillance detection as described in this section. The objectives of the surveillance detection operations are to:

· identify and report suspected surveillance of official facilities, designated residences, routes of travel U.S. personnel, and other soft targets as assigned to the COR;

· verify reported surveillance activity as directed by the COR;

assist the COR in evaluation of individual personal security practices;

· provide protective surveillance of U.S. personnel, upon direction of the COR; and

· assist the COR in route planning and analysis.

C.5.3.2 Details Zones of coverage: All official facilities of the United States Government and as directed by the RSO.

Command post: See Exhibit B.

Duration of operation: See Exhibit B.

Personnel: Employees shall work in civilian clothes. Specialists and their supervisors must have language levels of 2 as defined in H.5.1.1. (Supervisor should be a level 3 as reflected on Schedule A.)

Equipment: See Exhibits D and E.

C.5.3.3 Methods Specific methods shall be flexible, adapting to situational variables. Vehicles should never be used as a mobile SD platform or Patrol but only to transport SD personnel to and from outside the operational area. SD personnel shall:

· identify and immediately report to the COR, suspected surveillance of U.S. facilities or personnel,

· assist surveillance detection teams in evaluation of individual personal security practices as directed by the COR,

· directly support surveillance detection team operations upon request,

· provide protective surveillance of U.S. personnel upon direction,

· become familiar with the vehicles used in their patrol areas,

· identify suspicious or unusual people, vehicles, activities, buildings, or containers to the COR or his/her designee.

C.5.3.4 Training of SD Specialists and Supervisors.

The Government will provide basic training in surveillance detection techniques for the surveillance detection specialists and supervisors. The Government and the Contractor shall arrange a mutually agreeable time for the training (see Section H). If, as a result of the training course, the Contractor determines that alternative approaches to surveillance detection would be advisable, the Contractor shall recommend such changes to the COR. No changes will be effective unless the Government modifies the contract.

C.5.4 Escort Services The Contractor does not normally perform escort duties. However, the COR may require the Contractor to provide temporary escort services under special circumstances. The COR will state the required duties when such services are directed.

C.5.5 Logs and Records The Contractor shall be required to maintain all logs and records within the premises of the Embassy sites and make these available to the COR for immediate inspection upon request. The Contractor shall submit all logs and records in a format mutually agreed to by the COR. The Contractor shall keep any additional logs as instructed by the COR, reference Section F.4 for deliverable reports.

C.5.5.1 Operational Records

The Contractor shall provide a log for each post, consisting of a bound ledger or three-ring binder, with lined paper and sequentially numbered pages. Section J, Exhibit B will provide instructions for the posting of each log. The Contractor shall provide incident reports for recording information regarding any incident at a post. The Contractor shall submit the design of the incident report form in draft for approval by the COR. The Contractor shall maintain daily time and attendance records, which may be reviewed by the COR as required.

C.5.5.2 Individual Qualification Checklist The Contractor shall maintain the Individual Qualification Checklist (Attachment 2) and all supporting personnel and investigation records, training records, certifications and licenses as well as the information required in the nomination packages specified in Section H.2. The Contractor shall maintain daily time and attendance records. The COR shall have full access to inspecting the records on a random basis.

C.5.5.3 Explosive Detectors and/or X-Ray Inspection Records

The Contractor shall keep Explosive Detector maintenance logs on a daily, weekly, monthly basis following the Maintenance Log Book procedures provided by the manufacturer. X-ray repair maintenance records shall be maintained. The Contractor shall submit reports as directed by the COR (see Section F.4 Deliverables).

C.5.6 Closed Circuit Television (CCTV) The Contractor Guards shall operate the CCTV monitoring equipment following the guidance contained in Section J, Exhibit B. The Contractor shall pay particular attention to any suspicious activity. The Contractor shall note any malfunctioning or broken CCTV equipment in the Post Log and report to the RSO immediately. The Contractor shall ensure all personnel assigned to a CCTV post are properly trained before being assigned to the post (see Section H.7).

C.5.7 Post Hours A detailed listing of posts and hours of coverage required, by guard category, is provided in Exhibit A as a part of this contract.

C.5.8 Weekly Guard Post Schedule The Contractor shall prepare and maintain a Weekly Guard Post Schedule for all guard posts that lists the name of each approved guard assigned to each post for each shift. The schedule shall include the hours for the relief guards as well as their name and post assignment or rotation schedule. The Contractor shall provide the COR a copy of the Weekly Guard Post Schedule by 12:00 noon of the last day of the workweek for the upcoming work week. The Weekly Guard Post Schedule shall show the post number and location, the name of the guard assigned (approved by the COR), and the shift assigned in terms of hours of the day. The Contractor shall give a copy of this schedule to the COR and each Contractor employee affected. The Contractor shall notify the COR three (3) days before any change of a guard (specific individual) to a post.

In the event the Contractor is instructed to make emergency changes to post schedules per the COR instructions the Contractor shall provide the updated schedule reflecting the emergency changes within twenty-four (24) hours of the change.

C.5.8.1 Duty Hour Limits

No Contractor personnel shall be on duty for more than twelve (12) consecutive hours in a twenty-four (24) hour period, except under conditions of emergency or as authorized by the Contracting Officer or COR. At a minimum, the Contractor shall provide a fifteen (15) minute break once during every four (4) hour period of an employee’s tour of duty to allow for comfort, personal needs, stress, or other required or requested absences from the Exhibit A assigned post. The Contractor shall provide a minimum thirty (30) minute meal break at an appropriate time once during every tour of duty lasting eight (8) or more hours. Breaks shall not run consecutively.

C.5.8.2 Relief Guards

The Contractor shall provide the security personnel at the Section J, Exhibit A posts with COR-approved, fully-trained and qualified (See Section H), relief personnel to allow for comfort, personal needs, stress, meals, or other required or requested absences from the assigned post. Relief personnel shall be at the same category of labor as specified on Exhibit A. The Contractor shall provide this relief service to the Government at no additional charge. Relief personnel are not required for the Guard Force Commander.

C.5.9 Organization Chart and Employee Listing The Contractor shall maintain an up-to-date organization chart that includes the names of the positions listed on Schedule A, shift organization for each post, and a listing of all current employees by name. A copy of the organization chart shall be provided to the COR (see F.4 for deliverable schedule). Current employee listings shall be provided with each monthly invoice (Section G.2.1).

The Contractor shall also provide a corporate organizational chart that depicts how this local guard program contract fits into the overall corporate structure. The organizational chart shall include the names, e-mail addresses and telephone numbers for all layers of management that preside over the division or organization directly responsible for performance of this contract.

C.5.10 Supervision The Contractor shall provide adequate on‑site supervision of all employees. The Contractor shall inspect each post during daylight hours at least twice and three times during night hours and as directed by the COR. This inspection shall assure that:

· The post is properly manned and equipped;

· All guard and security equipment is operational;

· The assigned guard is fully familiar with the General Orders and Post Orders; and

· The post log is properly maintained.

The Contractor shall conduct a muster of guards going on duty for purposes of inspection for proper uniform, review of current security problems, special instructions, and training, unless waived by the COR. The time required for this muster is in addition to that required to provide a timely relief for guards on post. The Contractor shall provide this muster at no additional charge.

The organizational structure of guard services consists of staff led by a Project Manager. The Project Manager shall manage the Contractor's workforce and be the Contractor's liaison with the American Embassy (see Section H). The Project Manager shall be available at all times to receive and implement orders or special instructions from the Contracting Officer or Contracting Officer's Representative (COR) (see Section G) concerning the operation, protection, and security of assigned areas.