Attch 12 - WPS Task Order 04 RFP - KESF - 04.20.10.docx

ATTACHMENT 12

To: Worldwide Protective Services (WPS) Contract

Subject: Task Order Request – WPS Solicitation

Reference: Task Order Request Number 2010-0004 Protective Services, Kabul

The Department of State requests you submit a cost proposal and Task Order Management Plan (TOMP) in response to the Statement of Work provided in Enclosure I.

Anticipated Task Order Period of Performance:

This Task Order shall include a base period of one (1) year and four one-year option periods. For pricing purposes, use a start date of September 15, 2010.

Transition Process:

The contractor will have 120 days to fully transition operations from the incumbent. This period includes: advance party trips, licensing, housing arrangements, etc.

Contract Type This contemplated task order contains multiple contract types. Labor contract line item numbers (CLINs) contain either fixed fully loaded hourly rates or fixed fully-loaded daily rates that function like the labor-hour contract type. Other Direct Costs (ODCs) CLINs contain firm-fixed-unit-prices, firm-fixed-prices, or costs (via the Cost contract type). Listing of CLINs and their assigned contract types are found in the attached Table 8 (KESF Task Order).

Proposal Validity Period Proposals shall be valid for a period of 120 days.

Task Order Funding Task Order will be incrementally funded.

Mandatory minimum requirement for MOI -PSC License

At the time of proposal, the offeror (prime Contractor) shall submit either a copy of a current Private Security Company (PSC) license from the Afghanistan Ministry of Interior (MOI) or documentation from the MOI showing that a license application (or renewal) has been submitted, is under active consideration and has not been denied.

Pricing Instructions Pricing Information and Instructions

1) Offerors shall propose their costs and prices by completing the attached Table 8 (KESF Task Order) summary spreadsheet, a detail spreadsheet with cost/price breakdowns, and a price proposal narrative.

2) CLINs for the labor categories match the respective CLINs in Table 3 and 4 (NTE Rates--Mgt,PS, SGS).

3) The proposed Day / Hourly Rate shall match or be less than the respective proposed NTE Rate in Table 3 and 4 (NTE Rates--Mgt,PS,SGS).

4) The Government does not commit to usage of the RFP-specified number of Labor positions or days; they are being used for planning and price evaluation purposes only.

5) The RFP-specified estimated number of days includes days for transition, rotation, R&R schedule and coverage to allow for possible emergency situations, sickness, accidents, and termination.

6) Management and Protective Service (Mgt, PS) Contractor personnel shall be available 24 hours per day, 7 days per week. However, the normal workweek for all labor categories is 72 hours (12 hours per day x 6 days per week — 313 days per year [312 + 1 floater]). To account for the Contractor’s availability on day 7, the negotiated fixed fully-loaded daily labor rate is based on a 74-hour total workweek. The Government shall not pay beyond six days per week per required position per CLIN.

7) Static Guard Service (SGS) personnel staffing hourly positions shall not work more than 72 hours per week (12 hours per day x 6 days per week) without prior written approval from the CO / COR / RSO. SGS staffing is reflected by Task Order Exhibit A.

8) The Government does not commit to payment of the negotiated Subtotal prices under the Labor and FFUP CLINs, and negotiated Subtotal costs under the Cost CLINs; they shall be estimates only.

9) Under Labor, for day rate positions, the contract type mimics the labor-hour contract type, except that payment shall be made at daily rates (instead of hourly rates) and based on allowable actual incurred days (instead of hours). For hourly rate positions the contract type is labor-hours.

10) Under Labor, the Government shall not pay for more than one day’s performance per employee on any given day.

11) Under Labor, offerors shall submit the build-up of each proposed fixed fully-loaded daily / hourly labor rate for labor categories for which local nationals and third-country nationals are proposed to perform the work. For these labor categories, offerors shall identify on the build-up schedule: the proposed unloaded hourly labor rate, the proposed unloaded daily labor rate, each proposed fringe benefits element (if not included as an indirect cost element), each proposed fringe benefits cost (if not included in an indirect cost pool), each proposed indirect cost element, each proposed indirect cost rate, each proposed indirect cost, proposed profit percentage, and proposed profit dollar amount.

12) Under Labor, offerors shall not submit the build-up of each proposed fixed fully-loaded daily / hourly labor rate for labor categories for which United States citizens are proposed to perform the work (as the build-up of each proposed NTE fully-loaded daily / hourly labor rate for United States citizens was submitted for consideration of award of the base contract).

13) Under ODCs, each proposed firm-fixed-unit-price and proposed firm-fixed-price shall consist of proposed unit costs, quantities (when applicable), applicable indirect costs, and profit amount.

14) Under ODCs, offerors shall provide a breakdown of each proposed firm-fixed-unit-price, firm-fixed-price, and cost.

15) For each CLIN assigned the FFUP and FFP contract types, offerors shall submit a price breakdown as follows: each cost element, unit cost, applicable indirect cost rate element(s), applicable indirect cost rate(s), applicable indirect costs, profit percentage, profit amount, quantities (for FFUP if applicable), Subtotal firm-fixed-unit price (for FFUP) or unit price (for FFP), quantities (for FFP), and Subtotal firm-fixed-price.

16) The Cost contract type is considered a flexibly-priced arrangement, so offerors may allocate applicable indirect costs to these elements. However, the Government shall not pay fee under the Cost CLINs.

17) For each CLIN assigned the Cost contract type, any proposed indirect cost rates/provisional billing rates shall match the respective proposed provisional billing rates in Table 1 (Provisional Billing Rates).

18) For each CLIN assigned the Cost contract type, offerors must propose applicable direct and indirect costs in their task order proposals in order to be eligible to recover such costs after their incurrence after task order award.

19) For each CLIN assigned the Cost contract type, offerors shall submit a cost breakdown, at a minimum, as follows: each cost element, unit cost, applicable indirect cost rate element(s), applicable provisional billing rate(s), applicable indirect costs, quantities (if applicable), and Subtotal cost.

20) Under Travel, offerors shall include, in their cost breakdown: each destination, number of trips, number of people traveling, number of days per trip, airfare cost per person, lodging cost per person per day, meals and incidentals expenses cost per person per day, and cost per person per trip. Proposed travel should be for deployment, R&R and local travel, if applicable.

21) An offeror shall not propose overseas allowances (e.g., Post Differential Pay and/or Danger Pay) unless the offeror’s payment of these elements is part of the offeror’s established compensation plan or policy, or part of their employer/employee agreements.

22) Offerors, in accordance with FAR 15.404-3(b) (“Subcontract Pricing Considerations”), shall conduct appropriate cost or price analyses to establish the reasonableness of proposed subcontract prices, and include, in their price proposal narrative, the results of these analyses. Results shall be in the form of subcontractor offerors’ proposed/negotiated fully-loaded daily / hourly labor rates (for local nationals and third-country nationals only), subcontractor offerors’ proposed/negotiated non-labor/other direct cost (ODC) prices, and accompanying basis for the (prime) offeror’s determination of fair and reasonable subcontractor offerors’ proposed/negotiated fully-loaded daily / hourly labor rates (for local nationals and third-country nationals only) and subcontractor offerors’ proposed/negotiated non-labor/ODC prices.

23) A (prime) offeror shall show on its detail spreadsheet(s) the proposed unit price, quantities, and total price of proposed subcontract non-labor/ODC prices, and the (prime) offeror shall show on its build-up schedule any applicable indirect costs and profit/fee it applied to the subcontractor offerors’ proposed/negotiated non-labor/ODC prices to comprise the (prime) offeror’s proposed non-labor/ODC prices/costs; however, the (prime) offeror shall not apply profit/fee under the Cost CLIN.

24) Pricing of logistics requirements shall include housing, life support, office space rental, office supplies, office equipment, office furnishings, vehicle lease, personal clothing, and communications. Offerors shall describe, in their price proposal narrative, their pricing assumptions for the proposed logistics support for each category.

25) Offerors shall identify, in their price proposal narrative, the basis of estimate for their proposed other direct costs (ODCs).

26) The Contractor shall bill the negotiated firm-fixed-price under a FFP CLIN on a monthly basis by dividing the negotiated firm-fixed-price by the number of months in the period of performance.

27) All proposed rates, costs, and prices shall be in United States currency.

28) The Government provided formulas to calculate automatically the proposed Subtotal, Total, and Grand Total prices. However, offerors shall verify the arithmetic accuracy and make any necessary corrections.

29) The proposed Subtotal, Total, and Grand Total prices shall be in whole numbers; they shall not contain decimals.

Department of State Acquisition Regulation (DOSAR) DBA Insurance Provisions and Clause

Offerors are advised that “task order” replaces “contract” in DOSAR 652.228-70.

DOSAR 652.228-70 Defense Base Act — Covered Contractor Employees

(a) Bidders/offerors shall indicate below whether or not any of the following categories of employees will be employed on the resultant contract, and, if so, the number of such employees:

(1) United States citizens or residents

(2) Individuals hired in the United States, regardless of citizenship

(3) Local nationals or third country nationals where contract performance takes place in a country where there are no local workers’ compensation laws

Local nationals: ________

Third country nationals:___

(4) Local nationals or third country nationals where performance takes place in a country where there are local worker’s compensation laws

Local nationals: _______

Third country nationals:___

(b) The contracting officer has determined that for performance in the country of Afghanistan:

Workers’ compensation laws exist that will cover local nationals and third country nationals.

(X) Workers’ compensation laws do not exist that will cover local nationals and third country nationals.

(c) If the bidder/offeror has indicated “yes” in block (a)(4) of this provision, the bidder/offeror shall not purchase Defense Base Act insurance for those employees. However, the bidder/offeror shall assume liability toward the employees and their beneficiaries for war-hazard injury, death, capture, or detention, in accordance with the clause at FAR 52.228-4.

(d) If the bidder/offeror has indicated “yes” in blocks (a)(1), (2), or (3) of this provision, the bidder/offeror shall compute Defense Base Act insurance costs covering those employees pursuant to the terms of the contract between the Department of State and the Department’s Defense Base Act insurance carrier at the rates specified in DOSAR 652.228-74, Defense Base Act Insurance Rates — Limitation. If DOSAR provision 652.228-74 is not included in this solicitation, the bidder/offeror shall notify the contracting officer before the closing date so that the solicitation can be amended accordingly.

(End of provision)

DOSAR 652.228-71 Worker’s Compensation Insurance (Defense Base Act) - Services

(a) This clause supplements FAR 52.228-3. For the purposes of this clause, “covered contractor employees” includes the following individuals:

(1) United States citizens or residents;

(2) Individuals hired in the United States or its possessions, regardless of citizenship; and

(3) Local nationals and third country nationals where contract performance takes place in a country where there are no local workers’ compensation laws.

(b) The Contractor shall procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between the Department of State and the Department’s DBA insurance carrier for covered contractor employees, unless the Contractor has a DBA self-insurance program approved by the Department of Labor. The Contractor shall submit a copy of the Department of Labor’s approval to the contracting officer upon contract award, if applicable.

(c) The current rate under the Department of State contract is $3.60 per $100 of compensation for services.

(d) The Contractor shall insert a clause substantially the same as this in all subcontracts. The Contractor shall require that subcontractors insert a similar clause in any of their subcontracts.

(e) Should the rates for DBA insurance coverage increase or decrease during the performance of this contract, the contracting officer shall modify this contract accordingly.

(f) The Contractor shall demonstrate to the satisfaction of the contracting officer that the equitable adjustment as a result of the insurance increase or decrease does not include any reserve for such insurance. Adjustment shall not include any overhead, profit, general and administrative expenses, etc.

(g)(1) Section 16 of the State Basic Authorities Act (22 U.S.C. 2680a), as amended, provides that the Defense Base Act shall not apply with respect to such contracts as the Secretary of State determines are contracts with persons employed to perform work for the Department of State on an intermittent basis for not more than 90 days in a calendar year. “Persons” includes individuals hired by companies under contract with the Department. The Procurement Executive has the authority to issue the waivers for Contractor employees who work on an intermittent or short-term basis.

(2) The Contractor shall submit waiver requests to the contracting officer. The request shall contain the following information:

(i) Contract number;

(ii) Name of Contractor;

(iii) Brief description of the services to be provided under the contract and country of performance;

(iv) Name and position title of individual(s);

(v) Nationality of individual(s) (must be U.S. citizen or U.S. resident);

(vi) Dates (or timeframe) of performance at the overseas location; and,

(vii) Evidence of alternative workers’ compensation coverage for these employees (e.g., evidence that the State workers’ compensation program covers workers on short-term foreign assignments).

(3) The contracting officer shall provide to the Contractor the original of the approved or disapproved document and maintain a copy in the contract file.

(End of clause)

DOSAR 652.228-74 Defense Base Act Insurance Rates - Limitation.

(a) The Department of State has entered into a contract with an insurance carrier to provide Defense Base Act (DBA) insurance to Department of State covered contractor employees at a contracted rate. For the purposes of this provision, “covered contractor employees” includes the following individuals:

(1) United States citizens or residents;

(2) Individuals hired in the United States or its possessions, regardless of citizenship; and

(3) Local nationals and third country nationals where contract performance takes place in a country where there are no local workers’ compensation laws.

(b) In preparing the cost proposal, the bidder/offeror shall use the following rates in computing the cost for DBA insurance:

Services @ $3.60 per $100 of compensation; or

Construction @ $4.95 per $100 of compensation.

(c) Bidders/Offerors shall compute the total compensation (direct salary plus differential, but excluding per diem, housing allowance and other miscellaneous allowances) to be paid to covered contractor employees and the cost of DBA insurance in their bid/proposal using the foregoing rate. Bidders/offerors shall include the estimated DBA insurance costs in their proposed fixed price or estimated cost. However, the DBA insurance costs shall be identified in a separate line item in the bid/proposal.

(End of provision)

DBA Insurance Rates The following DBA Insurance rates are effective July 22, 2009 through July 21, 2010, and shall be used in the proposal for all periods of performance:

Security Contractor/Guards without Aviation Exposure within Global War on Terrorism designated areas (currently designated areas are Iraq and Afghanistan)

$9.45 per $100 of employee compensation

Aviation Related Services with Aviation Exposure within Global War on Terrorism designated areas (currently designated areas are Iraq and Afghanistan)

$18.00 per $100 of employee compensation

Task Order Management Plan

• The offeror shall prepare a Task Order Management Plan in accordance with Exhibit A, Task Order Management Plan Requirements. Special attention for this Task Order Management Plan should be placed on transition, management and logistics.

• The offeror shall, as a part of their management plan, identify any additional needs, to include equipment, support personnel, not identified in the statement of work, along with specific quantities, costs and justification for the additional needs. (Mandatory minimum requirement).

• The contractor shall demonstrate in the task order management plan an understanding of the operational requirements specific to the Task Order. Contractor shall identify any types of events that may impair performance and identify Contractor’s strategy to mitigate these performance risks. Contractor should not simply restate statement of work from the task order or the base contract.

• Contractor shall include resumes for individuals considered as key personnel under this Task Order. NOTE: Resumes submitted must meet all position requirements specified for the labor category in Exhibit E (ex. years of experience in protective services, years of experience in management etc.) or the proposal will be considered technically unacceptable.

• Failure to address all requirements as described in Exhibit A, Task Order Management Plan, of the base contract will render Contractor’s Task Order Management Plan as non-responsive and may not be considered for evaluation.

• Proposals shall be submitted in 12 font, on 8 ½ and 11 paper, in 3 ring binders, single sided.

Deployment Schedule Contractor’s proposed transition plan, training and deployment schedule once accepted by COR will be incorporated into the Task Order.

Past Performance Contractor shall list three past performance references that are recent (within six months) and are present customers of Contractors who can provide information on Contractor’s experience/ability in the handling of project transition, logistics and management under contracts/task order of similar size and scope of the work required under this task order. Contractor shall provide the names and contact information to include telephone number and email address of contracting officer and technical monitor/COR for each reference. Past performance information solicited may include quality of services provided by Contractor, ability of Contractor to handle and resolve transition issues, logistical problems and effectiveness of management.

Evaluation Criteria

The relative importance of the non-cost evaluation factors, in descending order of importance, is: technical factor, past performance. The evaluation factors other than cost or price, when combined, are significantly more important than cost or price. The technical proposal evaluation is an assessment of the proposal and the offeror’s ability to perform the prospective contract successfully. Subjective judgment on the part of the Government is implicit in the technical evaluation process. The Contracting Officer shall determine what trade-off between non-cost factors and cost or price promises the greatest value to the Government. Therefore, the Government reserves the right to award to other than the lowest offered price. As non-cost factors, when combined, of the offerors’ proposals become more equal, the evaluated cost or price may become more important as a determining factor.

Elements of the technical proposal will be reviewed to the extent that they adequately address the elements of the SOW and the criteria found in Section C.4.3.8.4 (further described in Exhibit A).

Contractors shall address each area in as much detail as deemed appropriate in responding to the Request for Proposal (RFP). Each item listed must be addressed in the same order as provided in the enclosure as a part of their management plan.

Each Address the concepts of who, what, where, when and particularly how the subject matter of the topic is to be approached by the offeror to fulfill the requirements of the Task Order.

Questions and proposals should be submitted to Thomas Lemole via email at LemoleTC@State.Gov

Enclosures:

(1) Statement of Work image1.png