BERN-SECTIONS.pdf

SOLICITATION, OFFER, AND AWARD

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

SAQMMA10R0067 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

04/27/2010

6. REQUISITION/PURCHASE NUMBER

CODE: LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

7. ISSUED BY

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ____ until

__11:00:00__ local time __06/28/2012 __

10. FOR

INFORMATION

E-MAIL:

A. NAME

Jon Troyer 571-345-2388

B. TELEPHONE (NO COLLECT

CALLS)

C. E-MAIL ADDRESS

troyerjr@state.gov

11. TABLE OF CONTENTS (See Table of Contents on page 2)

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1-4 X I CONTRACT CLAUSES 44-52

X B SUPPLIES OR SERVICES AND PRICES/COSTS 4-10 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/SPECS./WORK STATEMENT 11-22 X J LIST OF ATTACHMENTS 53-54

X D PACKAGING AND MARKING 23 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 24-25 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

55-65

X F DELIVERIES OR PERFORMANCE 26-28

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 66-74X G CONTRACT ADMINISTRATION DATA 29-32

X M EVALUATION FACTORS FOR AWARD 75-79X H SPECIAL CONTRACT REQUIREMENTS 33-43

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within __________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.

52.232-8)

10 CALENDER DAYS(%)

0.00 %

20 CALENDER DAYS(%)

0.00 %

30 CALENDER DAYS(%)

0.00 %

0 CALENDER DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CONTACT: DUNS: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE:24. ADMINISTERED BY (if other than Item 7) CODE: BERN_

AMERICAN EMBASSY BERN

SULGENECKSTRASSE 19

ATTN: FMO

BERN, 3007

SWITZERLAND

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Kelly Bracey

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

SAQMMA10R0067

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs

B PRICE SCHEDULE

B.1 Services B.2 Type of Contract B.3 Offers and Payment in U.S. Dollars B.4 Reserved B.5 Payment, Ceiling, and Withholding B.6 Employee Salary Benefits B.7 Labor Categories B.8 Base Year and Option Year Pricing

652.216-71 PRICE ADJUSTMENT (AUG 1999)

C Descriptions/Specifications/Statement of Work C.1 Purpose and Objectives C.2 Background C.3 Mission and Goals C.4 Local Guard Services C.5 Specific Tasks C.6 Transition Plan C.7 Definitions

D Packaging and Marking E Inspection and Acceptance

52.246-3 Inspection Of Supplies Cost-Reimbursement (May 2001) 52.246-4 Inspection of Services--Fixed-Price (Aug 1996) 52.246-6 Inspection--Time-and-Material and Labor-Hour (May 2001) E.1 Acceptable Levels of Performance

F Deliveries or Performance 52.242-15 Stop-Work Order (Aug 1989) 52.242-15 Alt I Stop-Work Order (Aug 1989)- Alternate I (Apr 1984) 52.242-17 Government Delay of Work (Apr 1984) F.1 Period of Performance F.2 Notice-to-Proceed F.3 Phased Takeover F.4 Deliverables

G Contract Administration Data G.1 Designation of Administrative Contracting Office G.2 Invoicing Instructions G.3 Final Invoice

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

H Special Contract Requirements H.1 Security H.2 Approval and Acceptance of Contractor Employees H.3 Health H.4 Language Proficiency H.5 Personnel Requirements H.6 Key Personnel H.7 Training Requirements H.8 Authority and Jurisdiction H.9 Licenses, Bonds, and Permits H.10 Vehicles H.11 Weapons H.12 Personal Injury, Property Loss or Damage (Liability) H.13 Variation in Quantity H.14 Government Furnished Property H.15 Department of State Personal Identification Card Issuance Procedures (Aug 2007)

I Contract Clauses

652.243-70 NOTICES (AUG 1999)

J List of Attachments J.1 List of Exhibits

K Representations, Certifications, and Other Statements of Offerors or Respondents K.1 Authorized Contract Administrator K.2 Firms Providing Quasi-Military Armed Forces for Hire 52.204-8 Annual Representations and Certifications (Feb 2009)

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

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

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

2004)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.215-1 Instructions to Offerors--Competitive Acquisition (Jan 2004) 52.237-1 Site Visit (Apr 1984) L.1 Site Visit and Pre-Proposal Conference L.2 Contract Award L.3 Alternate Offer Information L.4 Solicitation Response L.5 Time, Place, and Submission of Offer L.6 Discussions with the Offeror L.7 Disposition of Offers L.8 Debriefing of Unsuccessful Offerors L.9 Offeror Questions and Clarifications L.10 Limitation of Subcontracting L.11 Proposal Instructions L.12 Obtaining Licenses and Permits 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 52.252-5 Authorized Deviations in Provisions (Apr 1984)

652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 99)(DEVIATION)

M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990) 52.225-17 Evaluation of Foreign Currency Offers (Feb 2000) M.1 General

001 Please see Section B for information regarding security services requested in this solicitation.

0.00 LT

Doc Ref No:

Delivery Date FOB:

B PRICE SCHEDULE

The Price Schedule is attached as EXHIBIT R in the uploaded file EXHIBITS-BERN.

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 (A&E).

The Government may require the Contractor to supply additional materials or equipment when ordering A&E 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.

B.4 Reserved

B.5 Payment, Ceiling, and Withholding

The Government will pay the Contractor for the number of hours worked.

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 Contractor shall notify the CO in writing sixty (60) days before the Contractor expects the total costs incurred to exceed 75% of any ceiling price/not to exceed amount listed above.

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).

SAQMMA10R0067

Line Item Summary

Solicitation Number:

SAQMMA10R0067

Contract Number: Title: Bern Local Guard Services Date of Solicitation:

04/27/2010

Line Item No. Description Quantity Unit Unit Price Total Cost

B.6 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 pay, 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.

Compensation requirements for Switzerland can be found in the Swiss "Bundesgesetz uber die Arbeit in Indutrie, Gewerbe und Handel (Arbeitzgesetz)" (Federal Law regarding work in industry, business and trade --the "Worklaw") specifically sections 822.11; 831.10; 831.20; 837.0. Current wage requirments can be found in Andere Gesentzliche Publikation; Arbeits Vertrag (Other Legal Publications: Work Contracts), http://www.admin.ch.

B.7 Labor Categories

Section C - Performance Work Statement, contains the specific tasks, Section H - Special Contract Requirements, 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 A&E Services. The following Exhibits provide additional information the Contractor shall use in generating prices:

Exhibit A Guard Posts and Schedule of Guard Coverage

Exhibit B General Orders

Exhibit C Quality Assurance and Surveillance Plan

Exhibit D Contractor-Furnished Property

Exhibit E Government-Furnished Property

Exhibit F

Holidays

Exhibit H Language Skill Level Descriptions

Exhibit R Pricing Schedule

B.8 Base Year and Option Year Pricing

For purposes of calculating premium pay, authorized holidays are shown in Exhibit F. Contractor employees who are either United States citizens or hired in the United States shall be entitled to premium pay for U.S.

holidays only. Contractor employees who are neither United States citizens nor hired in the United States shall be entitled to only those holidays recognized by Switzerland. This includes other fringe benefits such as Annual Leave, Sick Leave and Severance Pay.

The Contract Line Item Numbers (CLIN), x001 – x012 prices in Section B (see, Section J and Exhibit R) shall contain only expenses associated with wages, fringe benefits, severance costs, overhead, G&A and profit involved in administering, managing and providing services under this contract. Local labor laws may require bonuses, specific minimum wage levels, and premium pay for holidays, payments for social security, pensions, severance pay, sick or health benefits, childcare or any other benefit, the Contractor is responsible for these payments. The rates/prices in Section B shall include the applicable costs necessary to comply with local labor laws.

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 A&E. A&E Services shall be provided only as requested by the Government. 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.8.1 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. Labor categories for Standard Services are outlined below:

• CLINs 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.

• CLINs 0002, 1002, 2002, 3002 and 4002 – Supervisor: Burdened rates for the services provided by a Supervisor for accomplishing tasks associated with services listed in Section H.5.

• CLINs 0003, 1003, 2003, 3003 and 4003 – Senior Guard: Burdened rates for the services provided by a Senior Guard for accomplishing tasks associated with services listed in Section H.5.3.

• CLINs 0004, 1004, 2004, 3004 and 4004 – Guard: Burdened rates for the services provided by a Guard for accomplishing tasks associated with services listed in Section H.5.5.4.

• CLINs 0005, 1005, 2005, 3005 and 4005 – Guard Zurich: Burdened rates for the services provided by a Guard-Driver for accomplishing tasks associated with services listed in Section H.5.5.

CLINs 0006, 1006, 2006, 3006 and 4006 – Guard Geneva: Burdened rates for the services provided by a Guard-Driver for accomplishing tasks associated with services listed in Section H.5.5.

B.8.2 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 Section J - Exhibit A does not constitute A&E Services. The Contractor shall not subcontract or lease for the A&E. 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 Contractor shall include in its next regular 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 and the written approval for the reimbursement of materials billed.

The fixed hourly rates for A&E 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, 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 A&E Services are outlined below:

• CLINs 0007, 1007, 2007, 3007 and 4007– 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.

• CLINs 0008, 1008, 2008, 3008 and 4008 – Supervisor: Burdened rates for the services provided by a Supervisor for accomplishing tasks associated with services listed in Section H.5.3.

• CLINs 0009, 1009, 2009, 3009 and 4009 – Senior Guard: Burdened rates for the services provided by a Senior Guard for accomplishing tasks associated with services listed in Section H.5.4.

• CLINs 0010, 1010, 2010, 3010 and 4010 – Guard: Burdened rates for the services provided by a Guard for accomplishing tasks associated with services listed in Section H.5.5.

• CLINs 0011, 1011, 2011, 3011 and 4011 – Guard Zurich: Burdened rates for the services provided by a Guard-Driver for accomplishing tasks associated with services listed in Section H.5.5.

• CLINs 0012, 1012, 2012, 3012 and 4012 – Guard Geneva: Burdened rates for the services provided by a Guard-Driver for accomplishing tasks associated with services listed in Section H.5.5.

B.8.3 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 Additional or Emergency Services.

B.8.3.1 Vehicles

• CLINs 0013, 1013, 2013, 3013 and 4013 – 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. 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 the contract place of performance. 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.8.3.2 Local Guard Force Radio Network

• CLINs 0014, 1014, 2014, 3014 and 4014 – Radio Network: The monthly rate shall include all costs associated with radio/communications equipment.

B.8.3.3 RESERVED

B.8.3.4 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 CHF 800.00 Swiss franks (about USD 740.00) per contract year. The Contractor shall receive COR written approval before procuring any reimbursable materials.

• CLINs 0015, 1015, 2015, 3015 and 4015 – Reimbursable Materials: In the event the Government requests the Contractor to purchase Reimbursable Materials, the Contractor shall provide two (2) competitive vendor quotes for all purchases exceeding CHF 400.00 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.8.3.5 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" incorporated by full text and FAR 52.228-3, "Worker's Compensation Insurance (Defense Base Act)" incorporated by reference.

• CLINs 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.8.3.6 RESERVED

B.8.3.7 RESERVED

652.216-71 PRICE ADJUSTMENT (AUG 1999) 08/01/1999

(a) The contract price may be increased or decreased in actual costs of direct service labor which result directly from laws enacted and effective during the term of this contract by the Swiss Government. Direct service labor costs include only the cost 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 the 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, nor 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 the 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 which 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 Swiss Government meeting the criterion set forth above in paragraph (b). No adjustments shall be made due to currency fluctuations in exchange rates.

(End of clause)

Section C - Descriptions/Specifications/Statement of Work

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 Bern and U.S. Consulates in Geneva and Zurich, Switzerland. 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 service is to provide protection for United States personnel, facilities and equipment from damage or loss due to violent attack and theft. The local guards act as an early warning signal to the American Embassy and the RSO. The local guard force also will carry out specific actions as described in the General Orders and individual Post Orders. 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 A&E 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 A&E 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.

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 obtain U.

S. Government approval prior to the posting of the Contractor's personnel (see paragraph H.7).

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, however Post Orders are not provided until after contract award. 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 COR. 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. Contractor is responsible for translation of the General Orders and Post Orders into the local language. The Contractor shall maintain a copy of the General Orders and of the applicable Post Orders 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.

C.4.2 Types of Service

The Contractor shall provide Standard Services for the posts set forth in Exhibit A. The Contractor shall not subcontract or lease Standard Services.

The Contractor shall provide A&E Services as requested by the COR. The Contractor shall not subcontract or lease for 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 written 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 and any COR approved non-expendable equipment or expendable supplies to be provided.

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 criminal attacks against mission personnel, visitors, and family dependents. The Contractor shall provide roving foot patrols and vehicle 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 utilize a Guard Electronic Monitoring System (GEMS) and 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 Embassy Security Office as a controlled area including both office buildings and the 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 physically examine visitors using the access control equipment and their effects and possessions to detect the presence of firearms or other prohibited items. If anyone refuses to identify himself/herself and attempts to enter the building, the guard shall use necessary force to detain the individual and shall immediately notify the RSO.

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 detain visitors whose arrival is not expected at the entrance until cleared by authorized personnel inside the residence. Guards shall ensure that visitors stay outside the gate until properly identified. 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 vehicles entering a secured office building premises. Guards shall check vehicle passengers for proper identification and the vehicle for suspect bombs and suspect packages, following Exhibit B. Guards shall admit only those authorized vehicles. The Contractor shall keep logs on vehicles permitted access to secure premises.

C.5.1.4 Inspection and Surveillance

The Contractor shall physically examine all packages and mail carried by any person who seeks access to guarded premises or who seeks to leave or deliver such packages or mail. Guards shall inspect residence perimeters. Guards shall endeavor 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 to the local police and the RSO any suspicious vehicles or persons near the residence.

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.

The 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 (see Section H.7).

C.5.2 Patrols

The Contractor shall be required to provide 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 at least twice each hour. 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 Vehicle for Transport

The Contractor will provide a vehicle for purposes of transportation to and from official facilities in Geneva and Zurich. The Contractor shall specify the make, model, year, and condition of the vehicle, and ensure that the vehicle has the appropriate insurance coverage.

The Contractor will provide a vehicle for purposes of transportation to and from official facilities in Geneva and Zurich. The Contractor shall specify the make, model, year, and condition of the vehicle, and ensure that the vehicle has the appropriate insurance coverage.

C.5.3 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.5.4 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.5.4.1 Operational Records

The Contractor shall provide a log for each post, consisting of a bound ledger with lined paper and numbered pages. Section J, Exhibit B provides instructions for the posting of each log. The Contractor shall provide incident report forms 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.5.4.2 Individual Qualification Checklist

The Contractor shall maintain the Individual Qualification Checklist and all supporting training records, certifications and licenses as well as the information required in the nomination packages specified in Section H.2. The COR shall have full access to inspecting the records on a random basis.

C.5.4.3 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.

C.5.5 Closed Circuit Television (CCTV)

The Contractor Guards shall operate the CCTV monitoring equipment following the guidance contained in accordance with Section J, Exhibit B. The Contractor shall pay particular attention to any suspicious activity.

The Contractor shall note in the Post Log and report to the RSO immediately of any malfunctioning or broken CCTV equipment. The Contractor shall ensure all personnel assigned to a CCTV post have been properly trained before being assigned to the post.

C.5.6 RESERVED

C.5.7 Post Hours

A detailed listing of posts and hours of coverage required, by guard category, is provided in Schedule J, 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 previously approved guard to be assigned to each post and 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 for all employees 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, 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 of illness or another emergency that prevents a guard from standing post, the Contractor will notify the COR immediately and provide an approved replacement.

Should the Contractor be instructed to make emergency changes to post schedules per the COR the Contractor shall provide the updated schedule reflecting the emergency changes employed 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 Exhibit A posts with COR-approved, fully-trained and qualified, relief personnel to allow for comfort, personnel 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 in 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, Supervisors, or the nighttime roving patrol at the Ambassador's residence.

C.5.9 Organization Chart and Employee Listing

The Contractor shall maintain an up-to-date organization chart that includes the names of the supervisors, 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. Current employee listings shall be provided with each monthly invoice.

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 employees at all times that a post is manned. The Contractor shall inspect each post during daylight hours at least two times and three times during night hours.

This inspection shall assure that:

• The post is properly manned and equipped;

• 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. 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) concerning the operation, protection, and security of assigned areas. The Project Manager position is a key position and is staffed in accordance with the requirements described in Section H.5. The Project Manager position is excluded from Section J, Exhibit A and may be included in the the fully-burdened overhead rate.

The uniformed guard force is led by the Guard Force Commander (GFC). The Guard Force Commander's work hours are considered flexible and the COR may adjust the Guard Force Commander's daily work schedule to include assignment to evening, weekend and holiday periods without a further equitable adjustment in the terms and conditions of the contract. Cumulative adjustments to the daily work schedule shall not exceed the total weekly hours described on Exhibit A for this post. The COR shall provide reasonable prior notification in writing of all schedule changes. The Guard Force Commander position is a key position and is staffed in accordance with the requirements described in Section H.5.

The GFC may have one or more supervisors reporting to him/her. The scope and size of the guard services will determine the number of supervisor positions required. Normally supervisor positions are manned twenty-four

(24) hours a day, seven (7) days a week. A supervisor's function shall be to supervise all guard personnel assigned during the shift.

The GFC and Supervisor positions are set forth in Section J, Exhibit A.

C.5.11 Guard Electronic Monitoring System (GEMS)

In order to maintain the highest level of security for unmanned data points the Contractor shall be responsible for completing a required number of security checks during each shift. In order to ensure that inspections are maintained at the proper levels, the Contractor shall be required to employ a GEMS. The GEMS shall be comprised of a portable hand-held data collection device that scans each designated data point along a designated route, completing the required number of visits to each post throughout the daily/nightly tour. The Contractor shall use a GEMS for monitoring the quality control of these inspection services. During supervisory rounds, the supervisor is required to report all incidents using the electronic bar code incident card and follow up with written reports, as necessary. The Contractor is responsible the acquisition, maintenance and repair of the GEMS and for:

• Ensuring the correct use of the hand-held data collection device;

• Maintaining the integrity of the system;

• Ensuring that designated individuals scan all checkpoints in the route; and,

• Ensuring that data is properly entered into the computer.

C.5.11.1 GEMS Components

The Contractor GEMS which shall include the system software, data point readers, data point labels, batteries or recharging stations, data transmitter, computer, and printer. The scanner may use a variety of technologies including data point strips, electronic data strips, touch tags or electronic buttons.

The GEMS shall be capable of collecting and downloading data to a computer in order to create computer generated reports. The reports shall serve to document guard activities and supervisor oversight. The system should have an archival capability so that historical information can be accessed via the computer. The integrity of the system shall ensure that data collected can not be altered or modified. The Contractor shall utilize a scanable media assigned to individual guards, supervisors, guard posts, and certain defined incidents or events that will be contained on an incident card. The Contractor must obtain COR approval before making software changes/revisions.

C.5.11.2 GEMS Reports

The Contractor shall use the data collected in the system to generate reports for use by the COR. At a minimum the Contractor shall prepare and furnish to the COR daily, weekly and monthly reports. The daily report shall include as a minimum:

• Incident reports - including the date, time location and type of incident;

• Patrol summary - verification of supervisor rounds by checkpoint, time and date; and,

• Exception reports that display, for example, the failure to log checkpoint or complete the route in the allotted time.

The system shall have additional reporting capabilities to include summarizing the daily reports on weekly, monthly or annual basis. The software system shall have flexibility to develop custom reports and modify standard report formats.

C.5.11.3 GEMS Responsibilities

The Contractor shall provide training to the employees who will be using the system and be responsible for the maintenance, replacement and support of the system to ensure continuous operation. The Contractor is responsible for ensuring the correct use of the data point scanner, for the integrity of the system, ensuring that supervisors scan all data points for the route and ensuring the data is properly entered into the computer. Any software changes and/or revisions must receive prior COR approval.

C.5.12 Radio Network

The Contractor shall be responsible for furnishing communications equipment necessary to provide a reliable local guard force radio network that is fully functional and operable twenty-four (24) hours per day, seven (7) days per week.

The communication system shall be designed so that all radios utilizing repeaters, if necessary, can receive and transmit to all sectors covered by the mobile patrol and to all facilities covered by this contract.