A003 Section L.pdf

Solicitation No. SAQMMA-10-R-0018 U.S. Embassy Maseru, Lesotho Amendment A003 June 16, 2010

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFERORS

CLAUSES INCORPORATED BY REFERENCE

The following clauses are incorporated by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, reference Section I for information on accessing the full text electronically.

Clause No. Clause Title

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

In accordance with FAR provision 52.237-1, Site Visit, the Government has established a site visit. The Government will hold a Site Visit to allow potential offerors access to the site to gain better understanding of the posts covered by the requirements of this solicitation on April 26, 2010, 10:00 am local time, at the U.S. Embassy Maseru. Any change to the date will be published as an amendment. Offerors interested in attending should contact the Contract Specialist, Celenne G. Cook, by phone at (571) 345-2377 or by email at cookcg@sate.gov or Frank O’Donnell at O’DonnellFB@state.gov or by phone at 571-345-2374 to make appropriate arrangements.

Due to security concerns, all Offerors must contact the above and provide the name of the company and name(s) of individual(s) who will represent the company at the site visit. On the date of the site visit, Offeror representatives must present matching photo identification in order to be allowed access. Anyone attempting to attend the site visit without prior notification will be denied entry.

Offerors should submit written questions at least five (5) business days before the scheduled site visit date by email to the Contract Specialist, Celenne Cook, at cookcg@state.gov or Frank O’Donnell at O’DonnellFB@state.gov.

Attendees may also bring written questions to the site visit. If the answer requires research, there is no guarantee that the question will be able to be answered at that conference.

No statements made by the Government at the site visit shall be considered to be a change to the solicitation unless a written amendment is issued.

Following the site visit, the Government will post all questions and answers on FedBizOpps. If the answer requires a change to the solicitation, the Government will issue a solicitation amendment, which will also be posted on FedBizOpps.

L.2 CONTRACT AWARD

The Government intends to evaluate offers and may award a contract without discussions or exchanges with Offerors. Therefore, the Offeror’s initial offer should contain the best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest. The Government may waive informalities and minor irregularities in offers received. It is the Government’s intent to award one-single contract from this solicitation.

L.3 ALTERNATE OFFER INFORMATION

An alternate offer is not being solicited and will not be considered.

L.4 SOLICITATION RESPONSE

The Offeror must include all information requested. Particular care should be taken to respond to the requirements of the instructions for offer preparation set forth in paragraph L.11, Section C Performance Work Statement (PWS) and Section B Supplies or Services and Prices.

The Government will not pay, or be responsible for, any proposal costs incurred by the Offeror or any costs attributed to the proposal preparation.

L.5 TIME, PLACE, AND SUBMISSION OF OFFER

The Offeror shall assume the full and total responsibility of insuring that the offer is received at the place and by the designated time and date designated in Block 9 of the SF-33. Each Offeror shall contact the Contract Specialist by phone or email to ensure receipt of proposal after it is delivered.

If delivery is in person, Offeror shall contact the Contract Specialist, Celenne Cook, by phone,

(571) 345-2377, or email, cokcg@state.gov, 48 hours in advance to schedule delivery.

The Offeror is to deliver the Technical and Price Proposals (originals and all copies) by courier (FedEx, UPS, etc.) to:

Postal: U.S. Department of State

A/LM/AQM/WWD/LGB

Attn: Celenne Cook 16th Floor SA-20 Washington, DC 20522-2008

Courier: U.S. Department of State

A/LM/AQM/WWD/LGB

Attn: Celenne Cook

SA-20, 16E27

1801 N. Lynn St Arlington, VA 22209

L.6 DISCUSSIONS WITH THE OFFEROR

The Contracting Officer is the ONLY person authorized to conduct formal discussions with the Offeror from release of this solicitation through the time of contract award. Any such discussions shall be conducted in accordance with FAR Part 15.

L.7 DISPOSITION OF OFFERS

The offers will not be returned. All Offerors’ original copies will be retained in the official contract file and all other copies will be destroyed upon contract award.

L.8 DEBRIEFING OF UNSUCCESSFUL OFFERORS

The debriefing of unsuccessful Offerors shall be conducted upon the Offeror’s written request and within the guidelines of FAR 15.506. The time, date and location of the debriefing shall be determined by the Contracting Officer and relayed to the requesting unsuccessful Offeror.

L.9 OFFEROR QUESTIONS/CLARIFICATIONS

Any questions, comments or clarifications concerning any aspect of the solicitation shall be prepared in writing and submitted to the Contract Specialist no later than 4:00 p.m. (local Washington, DC time), May 20, 2010. Questions should be submitted, identified and segregated by topic (e.g., technical, cost) questions/clarifications must make reference to the applicable section of the solicitation (e.g., Section, Paragraph, and subparagraph).

Answers and responses by the Government may form the basis of an amendment to the solicitation. Responses to questions will not reveal the Offeror who proposed the question.

Questions/clarifications shall be sent only to the Contracting Officer via email to the Contract Specialist, Celenne Cook, at cookcg@state.gov. Correspondence should include the RFP number SAQMMA10R0018. No questions by telephone will be accepted.

L.10 LIMITATION OF SUBCONTRACTING

The Contractor is prohibited from subcontracting standard services, or additional or emergency services.

L.11 PROPOSAL INSTRUCTIONS

1. The Offer must consist of the following physically separate volumes.

Volumes Volume Title

Number of Copies

1 Price Proposal – This proposal volume has no page limit, contents listed in L.11.1 below.

Original and 1 copies

Technical Proposal - This proposal volume is restricted to 75 pages with double-sided page printing (including charts, graphs, or foldouts) or 150 pages, one-sided. See contents listed in L.11.2 below.

Original and 5 copies

Note: The number of copies for each Volume will be determined by the CO/Contract Specialist.

2. All documentation covers shall clearly identify:

a. Solicitation number;

b. Name of Embassy/country (Example: U.S. Embassy Maseru);

c. The volume, which shall be labeled (Example: Price Proposal or Technical

Proposal);

d. Volume number (Volume 1 or 2);

e. Whether ‘original’ or ‘copy’ on the face of each volume; and,

f. Include Offeror’s name, name and title of offeror’s point of contact, mailing address, telephone number, and email address.

3. Proposals shall be prepared as follows:

a. No less than a 12 font; Times New Roman;

b. One-inch margins on all sides;

c. Pages shall be sequentially numbered on 8-1/2” by 11” or A4 paper for each individual section;

d. Page numbers for each Tab should re-start with “1”;

e. All documentation shall be professionally bound in a 3-ring binder that is tabbed and indexed (tabbed sections shall follow instructions provided below in L.11.1 and L.11.2 for the respective volumes); and,

f. Cover and spine shall be affixed with labeling.

4. Charts and graphs may be used where practical to depict organization, system descriptions and layout, implementation schedules, plans, etc. All charts and graphs shall be self explanatory. Foldout pages shall fold entirely within the volume. Foldouts shall be printed on one side only. Charts and graphs will be included in the page count.

5. Proposals shall be signed by an authorized official of the company who has responsibility for providing the proposal. (See FAR Part 4.102) All proposals shall set forth full, accurate and complete information as required by the solicitation.

6. The Technical Proposal shall not exceed 75 double-sided printed pages (150 single-sided printed pages), including charts, graphs, or foldouts. The Technical Proposal shall contain no cost or price information. Past Performance Questionnaires DO NOT count as part of the page count.

7. The Price Proposal has no page limit.

8. Submit one compact disc (CD) (place CD inside Volume 1) that contains both the price proposal and the technical proposal. DO NOT PASSWORD PROTECT.

9. The penalty for making false statements is prescribed in 18 U.S.C. 1001.

10. Proposals that are not prepared in accordance with these instructions may be considered unacceptable.

11. Offerors shall submit one compact disc (CD) that contains both the price proposal and the technical. The contents shall be at a minimum compatible to Windows XP and Microsoft Office products 2003 (preferably Microsoft Office) in order to view properly.

L.11.1 Volume 1: Price Proposal

The Price Proposal shall set forth current, accurate, and complete information as required by this solicitation.

Tabbed and indexed format for Volume 1: The Price Proposal shall be as follows:

Tab A – Executive Summary (reference L.11.1.1) Tab B – SF 33 (reference L.11.1.2) Tab C – Section B (reference L.11.1.3) Tab D – Price Proposal Worksheet (reference L.11.1.4) Tab E – Business Management (reference L.11.1.5) Tab F – Representations and Certifications (reference L.11.1.6)

L.11.1.1 Executive Summary (WILL NOT BE EVALUATED)

The Offeror shall prepare a cover letter, signed by an official authorized to bind the company. The cover letter shall provide an executive summary of the Offeror’s proposal and a brief history of the company’s experience. Non-U.S. firms bidding in U.S. dollars must make a definitive statement that bidding in U.S. dollars is not in violation of any host country laws. The letter shall not exceed five (5) typed pages.

Offerors that are represented by a Joint Venture shall include a copy of the Joint Venture Agreement signed by officials authorized to bind the individual companies that comprise the Joint Venture.

The letter must include a declarative statement that each party to the joint venture shall be jointly and severably liable for the performance of the joint venture and that each party is also jointly and severably liable for all matters arising out of or related to the performance of the contract.

The letter shall additionally include language that describes how the Joint Venture will continue the performance of the contract should any of the venturing parties leave the venture for any reason or become unable to perform or provide the services or supplies that were contemplated under the joint venture.

L.11.1.2 Standard Form 33 (SF33)

The Offeror shall complete Blocks 12 through 18, as appropriate, of the SF33. Failure to submit a complete proposal by the closing time and date designated in Block 9 of the SF33 may result in the proposal being deemed “late” and not considered for award. Proposals will be evaluated in accordance with Section M. The SF33 must be signed by an individual authorized to legally bind the company.

The Offeror shall acknowledge all amendments either by signing and returning the SF30 or by acknowledging the amendments in Block 14 of the SF33.

All Joint Venture Partners shall sign the proposal using the JV signatures format provided in Exhibit O.

L.11.1.3 Section B

Complete pricing tables provided in Section B. For any of the lines requesting a Total amount, Offerors shall insert their proposed currency in either US Dollars (USD) or Lesothon Shillings (UGX) within the parenthesis where it says (insert currency).

STANDARD SERVICES – Complete the pricing schedules in accordance with Section B.

The hourly rates for all Standard Services shall include wages, fringe benefits, overhead, general and administrative and profit and shall be fully supported as indicated above.

ADDITIONAL OR EMERGENCY SERVICES – Complete the pricing schedules in accordance with Section B. The hourly rates for all Additional or Emergency Services shall include wages, fringe benefits, overhead, general and administrative and profit and shall be fully supported as indicated above.

OTHER DIRECT COSTS – Complete the pricing schedules in accordance with Section B.

CLIN x020 Reimbursable Materials is not to exceed $200.00 per year and therefore the maximum amount has been inserted. CLIN x021 DBA Insurance and Value Added Tax (VAT) are ‘to be determined’ and do not need to be completed.

PRICE PROPOSAL FOR BASE PERIOD – Calculate the total price for the base period of the contract. The total shall be calculated once without VAT and calculated another time including estimated VAT.

PRICE PROPOSALS FOR THE OPTION PERIODS – Complete the pricing schedules for each option period provided in Section B. The total for each option period shall be calculated once without VAT and calculated another time including estimated VAT.

GRAND TOTAL PRICE – The grand total price shall represent the total proposed price to the Government for the base year and all option years. Complete the two grand total price tables, one for grand total price without VAT and one for the grand total price inclusive of estimated VAT. The total proposed price shall be the price evaluated per Section M.

L.11.1.4 Price Proposal Worksheet

The Government anticipates adequate price competition under this solicitation therefore Offerors are not required to submit certified cost or pricing data with their proposals.

However, in order to determine compliance with the local labor laws the Government has determined that supporting documentation is needed to conduct effective or meaningful reviews of the reasonableness of the proposed prices. 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 Other Than Cost and Pricing Spreadsheet shall depict the development of the labor rates proposed in Section B for the base year and each option year. The Price Proposal Worksheet contains several columns of data that shall be completed by the Offeror in order to support the labor rates proposed in Section B. The Offeror shall display all formulas used in the appropriate data cells of the Attachment 5, Price Proposal Worksheet. In addition, the Offeror shall provide a separate sheet entitled “Price Proposal Notes” and include any narrative discussion or supporting documentation as indicated below, the notes shall be formatted in an outline structure matching the instructions below.

Other Than Cost and Pricing Spreadsheet and corresponding Price Proposal Notes shall be completed as follows:

(1) Direct Labor:

(i) Offeror’s Internal Labor Category (Column C) – For each of the labor categories contained in the Price Proposal Worksheet, the Offeror shall provide the company’s internal labor category.

(ii) Local Labor Law Hourly Rate (Column D) – For each of the labor categories that have a minimum hourly rate attributed to any local labor laws, the Offeror shall state the minimum hourly rate. If no minimum hourly rate is applicable, the Offeror shall enter “N/A”.

(iii) Proposed Unloaded Hourly Rate (Column E) – The Offeror shall include the proposed hourly labor rate that is being paid to the Guard. In accordance with

FAR 52.237-10, uncompensated overtime must be identified if used to develop the rates for this RFP.

(iv) Labor Rate Escalation (Column F) – The Offeror shall include the per unit amount applied for escalation, and explain in the Price Proposal Notes the escalation amount and how the escalation is applied for each contract year.

(v) Loading 1 (Column G) – The Offeror shall include the per unit amount associated with the indirect costs that are applied to the Proposed Unloaded Hourly Rate. The Offeror shall provide the percentage associated and a discussion of the application of this percentage in the Price Proposal Notes.

(vi) Loading 2 (Column H) – The Offeror shall include the per unit amount, if applicable, associated with any other indirect costs not included in Loading 1 that are applied in deriving the Fully Loaded Section B Rate. The Offeror shall provide a discussion of what items costs are included in the Price Proposal Notes.

(vii) Loading 3 (Column I) – The Offeror shall include the per unit amount, if applicable, associated with any other indirect costs not included in Loading 1 or Loading 2 that are applied in deriving the Fully Loaded Section B Rate.

The Offeror shall provide a discussion of what items costs are included in the Price Proposal Notes.

(viii) Profit (Column J) – The Offeror shall include the per unit profit, and state the profit percentage applied in the Price Proposal Notes.

(ix) Fully Loaded Section B Rate (Column K) – The Offeror shall sum the Proposed Unloaded Hourly Rate, Labor Rate Escalation, Loadings 1 through 3, if applicable, and Profit. This rate should equal the rate proposed by labor category in Section B.

(x) Other Information – The Offeror shall include in the Price Proposal Notes the calculation for determining the proposed productive person year for each proposed labor category. The Offeror shall identify the number of hours in a normal workweek and work year, and used to compute the proposed unloaded hourly labor rate. Offerors shall identify any cost elements that are excluded from the proposed fully-loaded hourly labor rates, (e.g., DBA Insurance).

Offerors should also identify the basis of estimate of the unloaded hourly labor rate in the Price Proposal Notes.

(2) Indirect Costs:

(i) State in the Price Proposal Notes the basis of estimate for the proposed indirect rates. Indicate whether the proposed indirect cost rates have been evaluated by any Government audit agency. If the rates have been evaluated, provide the audit report numbers, audit agency telephone number and cognizant Government representative’s (i.e., auditor or administrative contracting officer) name and telephone number.

L.11.1.5 Business Management

The Offeror shall describe the company's financial condition and capability. State what percentage of the company's estimated total business the work required by this solicitation will represent. Describe the priority placed by the firm’s top management on the work required by this solicitation, including an organization matrix that reflects how this contract fits into the organization. Provide a current statement of financial condition, certified by a third party that includes:

1. Income (profit-loss) Statement that shows profitability for the past three years;

2. Balance Sheet that shows the assets owned and the claims against those assets for the past three years, or what the firm owns and what it owes; and

3. Cash Flow Statement that shows the firm’s sources and uses of cash during the most recent accounting period. This will help the Government assess a firm’s ability to pay its obligations.

L.11.1.6 Representations and Certifications

The Offeror shall provide a completed Section K with the Offeror’s name included on the bottom margin of each page.

Under 22 U.S.C. 4864, the Government will give preference in awarding this contract to Offerors qualifying as "U.S. persons" or "U.S. joint venture persons." Only those Offerors whose proposals contain a complete certification required in Section K (DOSAR 652.237-73) will qualify for U.S. preference. The Offeror shall submit with the proposal a completed Statement of Qualifications for Purposes of Obtaining Preference as a U.S. Person. The Statement of Qualifications should be a complete and certified document with all necessary attachments. The Statement of Qualifications shall be labeled as ‘Volume 5’ and included within the Offeror’s Volume 1 Price Proposal.

The method for this preference is described in Section M. If the Government elects to conduct discussions and request final proposal revisions, the Government will inform any Offeror in the competitive range submitting a complete certification but determined by the Government to be ineligible for the preference regarding the reasons for the Government's determination of ineligibility.

L.11.2 Volume 2: Technical Proposal

The evaluation criteria in Section M.2.2 of this solicitation will be used by the technical panel to evaluate Technical Proposals. Simply repeating or paraphrasing the requirements as stated in the solicitation document (stating the Offeror can and/or will meet the requirements without a detailed description of how the work will be done), is not acceptable and may cause the Government to reject the proposal as technically unacceptable. Be specific and complete by demonstrating a thorough understanding of the requirements. Proposals involving joint ventures shall clearly state the tasks or work to be performed by each partner, as well as how overall responsibility for the contract will be allocated. The technical proposal shall not contain any cost or pricing information.

The organization and content of the Technical Proposal shall thoroughly address and follow the sequence of factors and sub factors listed below.

Tabbed and indexed format for Volume 2: The Technical Proposal shall be as follows:

Tab A – Management Plan (reference L.11.2.1) Tab A1 – Technical Proficiency (reference L.11.2.1.1) Tab A2 – Organization and Management (reference L.11.2.1.2) Tab A3 – Inspection System (reference L.11.2.1.3) Tab A4 – GEMS Tab A5 – Key Personnel (reference L.11.2.1.4) Tab A6 – Training Program (reference L.11.2.1.5) Tab A7 – Contingency Plan (reference L.11.2.1.6) Tab A8 – Property Management System (reference L.11.2.1.7) Tab A9 – Quality Control Plan (reference L.11.2.1.8) Tab A10- Compensation Plan (reference L.11.2.1.9) Tab B – Past Performance and Experience (reference L.11.2.2) Tab C – Preliminary Transition Plan (reference L.11.2.3)

L.11.2.1 Management Plan

The Offeror shall provide a complete Management Plan showing how it will meet the requirements of the contract. The Management Plan will define how the Offeror will ensure timely, professional and high quality performance and achievement of deadlines. The Management Plan is comprised of the following sections:

L.11.2.1.1 Technical Proficiency

Offerors shall demonstrate, by describing in detail their direct or related experience with each of the various factors for similar or related tasks. If the Offeror’s experience is in support of an activity other than a major federal agency the Offeror shall provide a detailed discussion on how their experience could effectively and efficiently parlay into the DoS environment. The Offeror shall provide specific relevant information for each of the following functional areas:

1. Experience in providing guard services in an overseas environment or a comparable sized domestic commercial or government facility.

2. Experience obtaining permits and licenses for a similar work environment.

3. Experience providing the organizational structure, management and supervision for handling multiple guard stations.

4. Experience in protection of life and property from violent attack in high threat areas.

5. Describe your experience in utilizing a Guard Electronic Monitoring System

(GEMS).

6. Plans for handling the rotation of Guard duties at multiple duty stations, providing the required breaks, shift changes while maintaining the required post hours as listed in Exhibit A.

L.11.2.1.2 Organization and Management

In this section the Offeror shall describe:

1. The organization of the guard force to include plans for manning and rotating guards at multiple posts and sites, providing the required breaks, providing relief guards, and conducting shift changes while maintaining the required guard coverage as listed in Exhibit A.

2. The management responsibilities of the Program Manager and Supervisor.

3. Standard operating procedures for remediating deficient performance.

4. Any awards or incentive plans designed to promote high quality performance for this contract.

5. Organizational and functional charts reflecting line of management responsibility, including corporate management (include names, titles, email addresses and telephone numbers) above the level managing this contract.

6. Procedures for responding to the requirements of the Mission that include unanticipated emergency situations.

7. Management procedures for operational and administrative support of all functions, including established procedures for timely payment of personnel.

8. How the Offeror will ensure that all guard candidates meet the language proficiency requirements outlined in Section H.

L.11.2.1.3 Inspection System

In this section the Offeror shall discuss the inspection system that shall be employed covering all the services required by the contract. The inspection system shall:

1. Specify areas to be inspected on both a scheduled and an unscheduled basis.

2. Include a method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

3. Include a description of how deficient performance identified via inspection will be followed up with corrective action.

4. Identify how records documenting inspections and any corrective actions will be maintained throughout the life of the contract. The Offeror will provide these reports to the COR unless otherwise instructed by the COR.

L.11.2.1.4 Key Personnel

The Government considers the Program Manager (PM), Supervisor(s) and SD Supervisor to be Key Personnel under the contract.

The Offeror shall provide a detailed resume for each individual, who will perform on the contract, and shall notify the Contracting Officer as soon as possible if a proposed individual is no longer available. The resumes should state the degree of significant or relevant experience as it relates to tasks and responsibilities to be performed under the position qualifications stated in this solicitation. The resume must include a minimum of two (2) references that may be verified.

Any specialized experience should be stated as it relates to a key position.

For each key person, the offeror shall include a resume that includes:

• Name and title of personnel;

• Proposed contract position (labor category);

• Length of time employed by the offeror. If a resume is provided for an individual who does not currently work for the firm, then employment agreements with the individual shall be provided with the proposal. In addition, all resume(s) shall contain a signed statement that the individual grants permission for his/her resume to be submitted for consideration under this RFP;

• Security clearance level, if any;

• Statement of work history (including dates, employer, and title), description of experience, and indicate whether experience is full time or part time;

• Resume(s) shall identify a start and end date (month and year) that the individual worked on each experience block or job reference cited in the resume;

• Education level;

• Describe technical accomplishments for any security related special projects.

L.11.2.1.5 Training Program

In this section the Offeror shall address the training program described in Section H. The Offeror shall describe the training syllabus, instructor(s) qualifications, how the Offerer will measure the effectiveness of training (i.e. methods to test guards’ understanding of instruction/level of proficiency), and remedial training for guards that fail to demonstrate the requisite level of proficiency.

L.11.2.1.6 Contingency Plan

The Offeror shall include a Contingency Plan in the Technical Proposal that addresses how it will ensure continuity of contractually obligated services during adverse events (anticipated and unanticipated) to include (but not limited to) labor disputes, civil unrest, natural disasters, dissolution of the Joint Venture, or any other situation that would negatively impact the client.

1. Labor Action. The Offeror shall describe how it will manage organized actions by direct labor personnel, including but not limited to strikes, labor unrest, and disruption of operations. Describe what management techniques and procedures the company uses to identify, address, resolve and/or mitigate the effects of disgruntled or unhappy employees, actions organized by local unions, local government labor actions, work slowdowns, or organized failure of employees to report for shift changes.

2. Civil Unrest. The Offeror shall describe how it will ensure continuity of contractually obligated services in the event of civil unrest. The Offeror shall describe how it will prepare for, respond to, mitigate the effects of, and recover from civil instability and ensure the continuity of contractually obligated services.

3. Natural Disaster. The Offeror shall describe how it will ensure continuity of contractually obligated services in the event of a natural disaster. The Offeror shall describe how it will prepare for, respond to, mitigate the effects of, and recover from a natural distaste and ensure the continuity of contractually obligated services.

4. Dissolution of Joint Venture. The Offeror shall describe how it will ensure the continuity of contractually obligated services in the event of the dissolution of the Joint Venture. The Offeror will include language describing how it will continue the performance of the contract should any of the venturing parties leave the venture for any reason, become unable to perform or provide the services or supplies that were contemplated under the Joint Venture.

The Offeror’s Contingency Plan shall be incorporated as an attachment to any resultant contract.

L.11.2.1.7 Property Management System

A critical responsibility of the DoS is the management and accountability of all Government-furnished property. The Contractor shall establish and maintain a property management system that is in accordance with the FAR 52.245-1, Government Property clause contained in Section I.

The Offeror shall describe inventory programs for all property, equipment, and materials used in performance of the contract. This includes both Contractor furnished property (reference Exhibit D) and Government furnished property (reference Exhibit E). A maintenance program shall include preventive maintenance, major repair, and replacement work. Procedures shall ensure that the property, equipment, and materials provided or funded by the Government will be used only for those purposes authorized in the contract. The inventory program shall include procedures for conducting physical inventories, including scheduling, frequency, responsibilities, and record keeping for all property, equipment, and materials used by the Contractor. The inventory program shall include notification procedures to the COR when inventory discrepancies are discovered.

Paragraph H.14, Government-Furnished Property, provides Contractor responsibilities with respect to Government property and equipment.

The Offeror shall describe in detail whether the Offeror’s property management system has been determined to be adequate by a federal property manager. If so, provide the name, address, telephone number and e-mail address of the individual responsible for review and the determination of adequacy of the Contractor’s property system.

L.11.2.1.8 Quality Control Plan (QCP)

The QCP shall describe how the Offeror will ensure the quality of the security services for all locations where performance will occur. The QCP shall:

1. Describe any industry certifications, e.g., ISO 9000, that apply to quality control/quality assurance.

2. Describe how the Offeror will monitor contract performance and compliance, when and how corrective action will be implemented, and how corrective action will be documented and used to prevent recurrences.

3. Describe the responsibilities of the different levels of management and supervision in the quality review system.

4. Describe how quality systems/procedures will be documented/archived.

5. Describe how the Contractor's GEMS, if required by Section C, will be integrated with the quality control system.

6. Describe your drug policy and how you intend to utilize a drug testing policy during recruiting and selecting of all personnel and eventually on a routine random basis during the life of the contract.

7. The contractor shall propose a QCP that includes performance metrics, standards of performance, and methods of review employed to ensure that all data, analysis, reports, support and services delivered meet the specifications and requirements of the contract.

L.2.1.9 Compensation Plan

Re-competition of service contracts may in some cases result in lowering the compensation (salaries and fringe benefits) paid or furnished employees. This lowering can be detrimental in obtaining the quality of services needed for adequate contract performance. It is in the Government's best interest that Contractor employees be properly and fairly compensated. As part of their proposals, offerors will submit a total compensation plan setting forth salaries and fringe benefits proposed for the employees who will provide direct labor under the contract. Also include an explanation of how the compensation plan was derived. The Government will evaluate the plan to assure that it reflects a sound management approach and understanding of the contract requirements.

The compensation levels proposed should reflect a clear understanding of work to be performed and should indicate the capability of the proposed compensation structure to obtain and keep suitably qualified personnel to meet mission objectives. The salary rates or ranges must take into account differences in skills, the complexity of various disciplines, and job difficulty. Compensation that is unrealistically low or not in reasonable relationship to the various job categories, since it may impair the Contractor’s ability to attract and retain competent employees, may be viewed as evidence of failure to comprehend the complexity of the contract requirements.

At a minimum, the offeror should explain whether or not the proposed wages and benefits comply with Government or other official wage and benefit levels, such as union agreements. If there is no local labor law applicable or it was not used as the basis for the compensation plan, then describe the method for determining appropriate compensation levels. The offeror shall explain how the plan will motivate and foster recruiting and retention of employees throughout the life of the contract.

L.11.2.2 Past Performance and Experience

List all contracts and subcontracts the Offeror (and each partner in the joint venture) has held over the past five years for the same or similar work. If the Offeror or each partner in the joint venture has no performance history or relevant experience, provide a list of references where the key personnel and management worked on similar contracts. Provide the following information for each contract and subcontract:

1. Customer's name, address, and telephone numbers of customer's lead contract and technical personnel;

2. Contract number and type;

3. Date of the contract, place(s) of performance, and delivery dates or period of performance;

4. Contract size (number of personnel employed by contract year per labor category) and dollar value;

5. Brief description of the work, including responsibilities;

6. Comparability to the work required under this solicitation;

7. Brief discussion of any technical problems and their resolutions;

8. Brief discussion of any terminations (partial or complete) and the type (convenience or default) as well as any deficiencies notices, show cause notices or cure notices (provide explanatory details); and

9. Listing of deductions taken under any listed contracts, with explanatory details and resolution.

The Offeror shall distribute a copy of Attachment 4, Past Performance Questionnaire to each of its past performance references. Offerors shall collect the evaluations from the companies evaluating them and include these evaluations in their proposal under Tab B. At a minimum, Offerors shall submit two (2) Performance Evaluations in their proposal. If you have obtained a previous Past Performance Questionnaire from any of the listed clients within the past year using the Department of State Past Performance Questionnaire, clearly identify the date received and provide it in your proposal. Offerors with no past performance shall type “NO PAST PEFORMANCE” in Bold Letters on a clean sheet of paper and place it in the past performance section.

If an Offeror believes that any unfavorable information may be provided as a part of the reference check process, the Offeror should include a brief explanation of the circumstances pertaining to this data and the Offeror’s position in reference to these circumstances. If appropriate, the Offeror should indicate what steps have been included in this offer to prevent a recurrence of such situations.

Offeror is advised that the past performance information requested above may be discussed with the customer personnel. In addition, personnel referenced may be asked to comment on the Offeror’s:

1. Quality of services provided under the contract.

2. Compliance with contract terms and conditions.

3. Effectiveness of management.

4. Willingness to cooperate with, and assist, the customer in routine matters and when confronted by unexpected difficulties.

5. Business integrity/business conduct.

The Government will use past performance information primarily to assess an Offeror’s capability to meet the solicitation performance requirements, including the relevance and currency of the Offeror’s work experience. The Government may also use this data to evaluate the credibility of the Offeror’s proposal. In addition, the CO may use past performance information in making a determination of responsibility.

In evaluating past performance, the Government may use past performance information obtained from sources other than those identified by the Offeror. If any information obtained is considered unfavorable, the Offeror will have an opportunity to address this information as a part of its final proposal revision (FPR), if requested. In order to be determined a responsible company in accordance with FAR 9.104-1, General Standards a contractor must have a satisfactory record of integrity and business ethics. Failure to provide current and complete information about prior contractual performance problems that may have resulted in invoice deductions taken; cure notices, show cause notices, or deficiency letters issued shall result in an unfavorable responsibility determination and the Offeror being determined ineligible for award.

L.11.2.3 Preliminary Transition Plan

The Government considers a smooth transition and continuity of services to be critical. The Offeror’s approach to transition the program from the current incumbent (if applicable) should detail how the Offeror’s approach maintains quality and minimizes disruption to the mission. If the Offeror is the incumbent, the Preliminary Transition Plan should address how the Offeror will make the transition to the new contract, including any work requirements or terms and conditions that did not appear in the incumbent's current contract. The Preliminary Transition Plan should clearly establish that the Offeror has a well-thought out plan ready to be finalized upon contract award (reference paragraph C.6).

The Offeror shall provide a milestone chart that clearly details how they expect to accomplish the transition in the allotted timeframe, to include steps to acquire all necessary equipment, staff, licenses, permits and insurance; and a projected date when the required

Nomination Packages (paragraph H.2, Approval and Acceptance of Contractor Employees) will be accomplished.

Include copies of all local licenses and permits currently issued, or copies of applications for required licenses and permits. The Offeror shall provide evidence that it possesses or has applied for any required permits, licenses, and appointments. Failure to provide evidence of appropriate progress toward receiving permits so that the Offeror will be fully licensed by planned start date for contract performance may result in Offeror being not eligible for award.

The Offeror should address as many of the areas and provide schedules for as many of the areas described in Section H as can be addressed at the pre-award stage, including:

• steps taken and steps remaining to be taken to acquire all necessary licenses, permits, insurance and equipment; and

• a projected date when these documents or equipment will be in the Offeror’s possession.

The Offeror should address local conditions that may play a role in the ability to establish and manage a guard program in the geographic areas included in the solicitation.

The transition period shall not exceed ninety (90) days.

L.12 OBTAINING LICENSES AND PERMITS

Information on doing business in Lesotho is available from: http://lesothoemb.org/

American Companies may contact the Embassy of Lesotho for information on the approximate time frame for obtaining the required licenses and permits and the approximate cost involved.

Embassy of Lesotho 2511 Massachusetts Avenue, NW Washington, DC 20008-2823

Other foreign companies may contact the respective Lesotho Embassy in their country for obtaining this information. Lesotho companies can seek the necessary information from the concerned local Government authorities.

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a time and materials contract resulting from this solicitation, with firm-fixed price and cost-reimbursement components.

FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows), by obtaining written and dated acknowledgement of receipt from the Department of State Contracting Officer at the address below.

U.S. Department of State

A/LM/AQM/WWD/LGB

Attn: Kelly M. Bracey 1701 N. Ft. Myer Drive Arlington, VA 22209

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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

The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

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

(DEVIATION)

(a) The Department of State’s Competition Advocate is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged to first contact the contracting office for the respective solicitation. If concerns remain unresolved, contact the Department of State Competition Advocate on (703) 516-1693, by fax at (703) 875-6155, or write to: U.S.

Department of State, Competition Advocate, Office of the Procurement Executive (A/OPE), Suite 900, SA-27, Washington, DC 20522-2712.

(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1693, by fax at (703) 875-6155, or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 900, SA-27, Washington, DC 20522-2712.

(End of provision)