S-AQMMA-10-R0191 Bangkok Solicitation - Final for FBO.docx

SECTION M - EVALUATION FACTORS FOR AWARD

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U.S. Mission Thailand

S-AQMMA-10-R0191

U.S. Mission Thailand

S-AQMMA-10-R0191

TABLE OF CONTENTS

Table of Contents

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

B.1 SERVICES

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

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

B.2 TYPE OF CONTRACT

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

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

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

B.4 PAYMENT, CEILING, AND WITHHOLDING

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

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

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

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

B.5 EMPLOYEE SALARY BENEFITS

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

B.6 LABOR CATEGORIES

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

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

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

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

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

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

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

B.7 BASE YEAR, OPTION YEAR and OPTIONAL SERVICE PRICING

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

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

In consideration of satisfactory performance, the Government will pay the Contractor each month for the Standard and/or the Additional or Emergency services rendered. Additional or Emergency Services shall be requested by the Government as stated under Section B.7.2. The Government may or may not need the maximum number of hours as stated in Section B. The Government reserves the right to revise the requirements stated under this section as it deems necessary.

B.7.1 Standard Services

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

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

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

· CLIN 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.5.3.

· CLIN 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.5.4.

· CLIN 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.

B.7.2 Additional or Emergency Services

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

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

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

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

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

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

· CLIN 0005, 1005, 2005, 3005 and 4005– Guard Force Commander: Burdened rates for the services provided by a Senior Guard for accomplishing tasks associated with services listed in Section H.5.2.

· CLIN 0006, 1006, 2006, 3006 and 4006 – Supervisor: Burdened rates for the services provided by a Supervisor for accomplishing tasks associated with services listed in Section H.5.3.

· CLIN 0007, 1007, 2007, 3007 and 4007 – Senior Guard: Burdened rates for the services provided by a Senior Guard for accomplishing tasks associated with services listed in Section H.5.4.

· CLIN 0008, 1008, 2008, 3008 and 4008 – Guard: Burdened rates for the services provided by a Guard for accomplishing tasks associated with services listed in Section H.5.5.

B.7.3 Other Direct Costs

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

B.7.3.1 Vehicles – Guard Force

· CLIN 0009, 1009, 2009, 3009 and 4009 – Vehicles – Guard Force – Reserved

B.7.3.2 Local Guard Force Radio Network

· CLIN 0010, 1010, 2010, 3010, 4010 – Radio Network: The monthly rate shall include all costs associated with radio/communications equipment (see Section C.5.12), including maintenance costs.

B.7.3.3 Reimbursable Materials

These are items for which the Contractor shall be reimbursed for all non-expendable equipment and expendable supplies, related to the performance of Additional or Emergency services. Reimbursable materials and equipment shall not exceed US $1,000, or the equivalent Baht value based upon the exchange rate established upon award. Contractor shall receive COR written approval before procuring any reimbursable materials.

· CLIN 0011, 1011, 2011, 3011 and 4011 – Reimbursable Materials: In the event the Government requests the Contractor to purchase Reimbursable Materials, the Contractor shall provide a minimum of two (2) vendor quotes for all purchases exceeding US$500.00, or the equivalent Baht value based upon the exchange rate established upon due date of solicitation, in support of the purchase, as well as a written justification if the Contractor selects other than the lowest priced quote. The quotes shall serve as a determination of fair and reasonable pricing by the Contracting Officer.

B.7.3.6 Defense Base Act Insurance - Reimbursable

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

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

· CLIN 0013, 1013, 2013, 3013 and 4013 – DBA Insurance: The cost of DBA insurance is paid on an annual basis. The period of performance of this contract may be extended beyond one year. If so, the Contractor shall contact the Contracting Officer, request the new rates, and be reimbursed by the Government for the actual, documented DBA insurance costs.

B.7.3.7 Value Added Tax (VAT)

· CLIN 0018, 1018, 2018, 3018 and 4018 – Value Added Tax (VAT): Value Added Tax is not included in the rates for Standard Services, Additional or Emergency Services, Vehicles, communications equipment, or the estimated amount for materials, or DBA Insurance. Rather, the Contractor shall include VAT as a separate charge in the monthly invoice (see Exhibit I - Sample Invoice). Offerors are responsible for compliance and obligation of payment to the Kingdom of Thailand for VAT. The current rate is 10%, but temporarily reduced to 7%.

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

B.7.4 Optional Services for Surveillance Detection

B.7.4.1 Standard Services

All language applies as stated the base contract B.7.1 Standard Service. Labor categories for Standard Services for Surveillance Detection are outlined below:

· CLIN 0015, 1015, 2015, 3015 and 4015 – Surveillance Detection Supervisor: Burdened rates for the services provided by a Surveillance Detection Supervisor for accomplishing tasks associated with services listed in Section H.5.6.

· CLIN 0016, 1016, 2016, 3016 and 4016 – Surveillance Detection Specialist: Burdened rates for the services provided by a Surveillance Detection Specialist for accomplishing tasks associated with services listed in Section H.5.7.

B.7.4.2 Additional or Emergency Services

All language applies as stated in the base contract B.7.2 Additional or Emergency Services. Labor categories for Additional or Emergency Services for Surveillance Detection are outlined below:

· CLIN 0017, 1017, 2017, 3017 and 4017 – Surveillance Detection Supervisor: Burdened rates for the services provided by a Surveillance Detection Supervisor for accomplishing tasks associated with services listed in Section H.5.6.

· CLIN 0018, 1018, 2018, 3018 and 4018 – Surveillance Detection Specialist: Burdened rates for the services provided by a Surveillance Detection Specialist for accomplishing tasks associated with services listed in Section H.5.7.

B.7.4.3 Other Direct Costs

All language applies as stated in the base contract B.7.3 Other Direct Costs.

B.7.4.3.1 Reimbursable Equipment - Surveillance Detection

The items for which the Contractor shall be reimbursed are for the life cycle replacement of the cellular phones and the digital cameras as they are related to the performance of Surveillance Detection services. The Contractor shall replace twenty percent (20%) of the inventory for these two equipment items at the beginning of each option period. Reimbursable equipment for Thailand shall not exceed US$3,000, or the equivalent Baht value based upon the exchange rate established upon due date of solicitation. Contractor shall receive COR written approval before procuring any reimbursable equipment.

· CLIN 0019, 1019, 2019, 3019 and 4019 – Reimbursable Equipment - Bangkok: At the beginning of each option period, the Government requests the Contractor to purchase Reimbursable Equipment. The make, model, and capabilities for replacement for the cellular phones and digital camera equipment are subject to approval and/or recommendations by the COR. Reimbursable equipment shall not exceed US$2,000, or the equivalent Baht value based upon the exchange rate established upon due date of solicitation.

· CLIN 0020, 1020, 2020, 3020 and 4020 – Reimbursable Equipment – Chiang Mai: At the beginning of each option period, the Government requests the Contractor to purchase Reimbursable Equipment. The make, model, and capabilities for replacement for the cellular phones and digital camera equipment are subject to approval and/or recommendations by the COR. Reimbursable equipment shall not exceed US$1,000, or the equivalent Baht value based upon the exchange rate established upon due date of solicitation.

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

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

B.7.4.3.2 Vehicles – Surveillance Detection

· CLIN 0021, 1021, 2021, 3021 and 4021 – Vehicles – SD: The Contractor may request reimbursement for costs associated with providing vehicles as specified in the contract. The monthly rate shall include all operating costs including, but not limited to fuel, lubricants, oil, routine and special maintenance, care and cleaning, and insurance. The Contractor shall take into account the residual value and only charge the Government for the prorated cost applicable to this contract. Vehicles under this line item shall be used only for Surveillance Detection purposes. The costs related to vehicles used for other purposes in the performance of this contract should be included in the Contractor’s overhead. The title to all vehicles supplied by the Contractor will remain with the Contractor. No import restrictions exist and local dealerships are available in Bangkok, Thailand. 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 PRICE SCHEDULE

B.8.1 Base Year

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

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

B.8.1.1 Optional Services for Surveillance Detection

If determined in the best interest of the government, the Contractor shall provide services for the Base Year upon award. At the sole discretion of the government may extend the services of this contract by written notice to Contractor in accordance with FAR 52.217-4, Evaluation of Options Exercised at Time of Contract Award, and Optional Services for Surveillance Detection. If exercised, Optional Services Surveillance Detection shall continue for a period of 12 months. The fixed hourly rates, estimated number of hours, and ceiling for each category are:

B.8.1.2 Total Price for Base Year with Exercised Optional Services

The total ceiling price for the base period and optional services is as follows:

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

B.8.2 Option Year 1

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

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

B.8.2.1 Optional Services for Surveillance Detection

If determined in the best interest of the government, the Contractor shall provide services for the Base Year upon award. At the sole discretion of the government may extend the services of this contract by written notice to Contractor in accordance with FAR 52.217-4, Evaluation of Options Exercised at Time of Contract Award, and Optional Services for Surveillance Detection. If exercised, Optional Services Surveillance Detection shall continue for a period of 12 months. The fixed hourly rates, estimated number of hours, and ceiling for each category are:

B.8.2.2 Total Price for Option Year 1 with Exercised Optional Services

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

B.8.3 Option Year 2

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

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

B.8.3.1 Optional Services for Surveillance Detection

If determined in the best interest of the government, the Contractor shall provide services for the Base Year upon award. At the sole discretion of the government may extend the services of this contract by written notice to Contractor in accordance with FAR 52.217-4, Evaluation of Options Exercised at Time of Contract Award, and Optional Services for Surveillance Detection. If exercised, Optional Services Surveillance Detection shall continue for a period of 12 months. The fixed hourly rates, estimated number of hours, and ceiling for each category are:

B.8.3.2 Total Price for Option Year 2 with Exercised Optional Services

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

B.8.4 Option Year 3

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

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

B.8.4.1 Optional Services for Surveillance Detection

If determined in the best interest of the government, the Contractor shall provide services for the Base Year upon award. At the sole discretion of the government may extend the services of this contract by written notice to Contractor in accordance with FAR 52.217-4, Evaluation of Options Exercised at Time of Contract Award, and Optional Services for Surveillance Detection. If exercised, Optional Services Surveillance Detection shall continue for a period of 12 months. The fixed hourly rates, estimated number of hours, and ceiling for each category are:

B.8.4.2 Total Price for Option Year 3 with Exercised Optional Services

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

B.8.5 Option Year 4

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

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

B.8.5.1 Optional Services for Surveillance Detection

If determined in the best interest of the government, the Contractor shall provide services for the Base Year upon award. At the sole discretion of the government may extend the services of this contract by written notice to Contractor in accordance with FAR 52.217-4, Evaluation of Options Exercised at Time of Contract Award, and Optional Services for Surveillance Detection. If exercised, Optional Services Surveillance Detection shall continue for a period of 12 months. The fixed hourly rates, estimated number of hours, and ceiling for each category are:

B.8.5.2 Total Price for Option Year 4 with Exercised Optional Services

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

B.8.6 Grand Total Price

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

DOSAR 652.216-71 - PRICE ADJUSTMENT (AUG 1999)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section B – Supplies or Services and Prices

SECTION C - PERFORMANCE WORK STATEMENT (PWS)

C.1 PURPOSE AND OBJECTIVES

The United States Department of State (DOS) has a requirement for a qualified Contractor to provide local guard services for the US Mission Thailand. The American Embassy Bangkok with Consulate General Chiang Mai 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, or designated representative, also serves to monitor the performance of the local guard services as the Contracting Officer’s Representative (COR).

C.3 MISSION AND GOALS

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

C.4 LOCAL GUARD SERVICES

The Contractor shall be required to provide Standard and Additional or Emergency local guard services. The Contractor shall maintain a sufficient number of trained and qualified personnel in order to meet the required hours of operation for each post. The Standard Services are set forth in 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 Exhibit B.

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

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

C.4.1 General and Post Orders

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

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

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

C.4.2 Types of Service

The Contractor shall provide Standard Services for the posts set forth in Exhibit A. The Contractor shall provide Additional or Emergency (A&E) Services as requested by the COR. The Contractor shall not subcontract or lease Standard Services or the A&E services.

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

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

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

C.5 SPECIFIC TASKS

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

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

C.5.1 Entry Control

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

C.5.1.1 Office Building Entry Control

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

C.5.1.2 Official Residence Entry Control

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

C.5.1.3 Control Vehicular Entry and Access

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

C.5.1.4 Inspection and Surveillance

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

C.5.1.5 Explosive and/or X-Ray Inspection Equipment

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

Contractor employees assigned to posts that utilize explosive detectors and/or X-ray inspection equipment shall be adequately and properly trained in the operation of this equipment. The posts are set forth in Exhibit A. The Government will furnish the Contractor’s training instructors with a set number of hours of training annually in order for the Contractor to be able to provide the necessary training (Section H.7.4).

C.5.2 Patrols

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

C.5.2.1 Perimeter Patrol

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

C.5.2.2 Mobile Patrol – Reserved

C.5.2.3 Response to Alarm Activation – Reserved

C.5.3 - Reserved

C.5.4 Escort Services

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

C.5.5 Logs and Records

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

C.5.5.1 Operational Records

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

C.5.5.2 Individual Qualification Checklist

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

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

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

C.5.6 Closed Circuit Television (CCTV)

The Contractor Guards shall operate the CCTV monitoring equipment following the guidance contained in Exhibit B. The Contractor shall pay particular attention to any suspicious activity. The Contractor shall note any malfunctioning or broken CCTV equipment in the Post Log and report to the RSO immediately. The Contractor shall ensure all personnel assigned to a CCTV post are properly trained before being assigned to the post (Section H.7.6).

C.5.7 Post Hours

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

C.5.8 Weekly Guard Post Schedule

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

In the event the Contractor is instructed to make emergency changes to post schedules per the COR instructions the Contractor shall provide the updated schedule reflecting the…