Ecuador Solicitation 110110F.docx

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

1 | 200

2. CONTRACT (Proc. Inst. Ident.) NO.

3. SOLICITATION NO.

SAQMMA09R0277

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[x] NEGOTIATED (RFP)

5. DATE ISSUED

11/??/2010

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE

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

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM/LGP)

P.O. BOX 9115 ROSSLYN STATION

ARLINGTON, VA 22219

NOTE: In sealed bid solicitation "offer" and "Offeror” mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and (See Section L) copies for furnishing the supplies or services in the Schedule will be received at the place specified in L.5, in the depository until 1300 local time 01/31/11. CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.215-1. All offers are subject to all items and conditions contained in this solicitation.

Winkle W. Nemeth

nemethww@state.gov

11. TABLE OF CONTENTS

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

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.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (120 calendar days unless a different period is inserted by the offer) 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.

13. DISCOUNT FOR PROMPT PAYMENT SEE 14

(See Section I, Clause No 52.232-8)

percent

(The Offeror acknowledges receipt of amendments to the solicitation and related documents) numbered and dated:

15A. NAME

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED

AND ADDRESS OF

OFFEROR

DUNS #

TO SIGN OFFER (Type or print)

15B. TELEPHONE NO. (Include area code)

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEM NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

24. ADMINISTRATION BY (If other than Item 7) CODE

25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

NSN 7540-01-152-8064 STANDARD FORM 33 (REV 9-97)

PREVIOUS EDITION NOT USABLE Prescribed

U.S. Mission Ecuador

S-AQMMA-10-R-0277

SECTION B - SUPPLIES OR SERVICES AND PRICES

B.1 PRICE SCHEDULE

B.1.1 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:

BASE YEAR

Line Item No. (CLIN) Description (Labor Category)

(State Currency)

Standard Services - U.S. Embassy Quito

243,000

Subtotal

Optional Standard Services - U.S. Embassy Quito

16,640

Subtotal

Standard Services - U.S. Consulate General Guayaquil

Optional Standard Services - U.S. Consulate General Guayaquil

16,640

Subtotal

Additional or Emergency Services - U.S. Embassy Quito

11,712

Subtotal

Optional Additional or Emergency Services - U.S. Embassy Quito

16,640

Subtotal

Line Item No. (CLIN) Description (Labor Category)

(State Currency)

Additional or Emergency Services - U.S. Consulate General Guayaquil

9,426

Subtotal

Optional Additional or Emergency Services - U.S. Consulate General Guayaquil

Other Direct Costs

Subtotal

*Not to exceed USD $500.00 Total price for Base Period is

Base Period Total Including VAT

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.1.2 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:

OPTION YEAR ONE

Standard Services - U.S. Embassy Quito

Line Item No. (CLIN) Description (Labor Category)

(State Currency)

243,000

Subtotal

Optional Standard Services - U.S. Embassy Quito

16,640

Subtotal

Standard Services - U.S. Consulate General Guayaquil

Optional Standard Services - U.S. Consulate General Guayaquil

16,640

Subtotal

Additional or Emergency Services - U.S. Embassy Quito

Line Item

Description (Labor Category)

(State Currency)

12,150

Optional Additional or Emergency Services - U.S. Embassy Quito

Additional or Emergency Services - U.S. Consulate General Guayaquil

9,426

Subtotal

Optional Additional or Emergency Services - U.S. Consulate General Guayaquil

Other Direct Costs

Subtotal

*Not to exceed USD $500.00 Total price for Option Year One Period is

Option Year One Period Total Including VAT

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.1.3 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:

OPTION YEAR TWO

Standard Services - U.S. Embassy Quito

Line Item No. (CLIN) Description (Labor Category)

(State Currency)

243,000

Subtotal

Optional Standard Services - U.S. Embassy Quito

16,640

Subtotal

Standard Services - U.S. Consulate General Guayaquil

Optional Standard Services - U.S. Consulate General Guayaquil

16,640

Subtotal

Line Item

Description (Labor Category)

(State Currency)

Additional or Emergency Services - U.S. Embassy Quito

12,150

Optional Additional or Emergency Services - U.S. Embassy Quito

Additional or Emergency Services - U.S. Consulate General Guayaquil

9,426

Subtotal

Optional Additional or Emergency Services - U.S. Consulate General Guayaquil

Other Direct Costs

Line Item

Description (Labor Category)

(State Currency)

Subtotal

*Not to exceed USD $500.00 Total price for Option Year Two Period is

Option Year Two Period Total Including VAT

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.1.4 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:

OPTION YEAR THREE

Standard Services - U.S. Embassy Quito

Line Item No. (CLIN) Description (Labor Category)

(State Currency)

243,000

Subtotal

Optional Standard Services - U.S. Embassy Quito

16,640

Subtotal

Line Item

Description (Labor Category)

(State Currency)

Standard Services - U.S. Consulate General Guayaquil

Optional Standard Services - U.S. Consulate General Guayaquil

16,640

Subtotal

Additional or Emergency Services - U.S. Embassy Quito

12,150

Optional Additional or Emergency Services - U.S. Embassy Quito

Subtotal

Additional or Emergency Services - U.S. Consulate General Guayaquil

9,426

Subtotal

Optional Additional or Emergency Services - U.S. Consulate General Guayaquil

Line Item

Description (Labor Category)

(State Currency)

Other Direct Costs

Subtotal

*Not to exceed USD $500.00 Total price for Option Year Three Period is

Option Year Three Period Total Including VAT

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.1.5 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:

OPTION YEAR FOUR

Standard Services - U.S. Embassy Quito

Line Item No. (CLIN) Description (Labor Category)

(State Currency)

243,000

Subtotal

Optional Standard Services - U.S. Embassy Quito

16,640

Subtotal

Standard Services - U.S. Consulate General Guayaquil

Optional Standard Services - U.S. Consulate General Guayaquil

16,640

Subtotal

Additional or Emergency Services - U.S. Embassy Quito

Line Item

Description (Labor Category)

(State Currency)

12,150

Optional Additional or Emergency Services - U.S. Embassy Quito

Subtotal

Additional or Emergency Services - U.S. Consulate General Guayaquil

9,426

Subtotal

Optional Additional or Emergency Services - U.S. Consulate General Guayaquil

Subtotal

Other Direct Costs

Subtotal

*Not to exceed USD $500.00 Total price for Option Year Four is

Option Year Four Period Total Including VAT

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.1.6 TOTAL CEILING PRICE

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

U.S. Embassy Quito and U.S. Consulate General Guayaquil

Total Contract Ceiling Total Price excluding VAT and DBA for evaluation purposes

Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Total Ceiling Price excluding VAT and DBA

U.S. Embassy Quito and U.S. Consulate General Guayaquil

Total Contract Ceiling Price including VAT and DBA

Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Total Ceiling Price including VAT and DBA

The following terms and conditions are applicable to the Base Year and each Option Year as outlined by this contract.

B.2 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.3 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.4 OFFERS AND PAYMENT IN U.S. DOLLARS

Ecuadorian currency is U.S. Dollars, therefore all firms can offer in U.S. Dollars.

B.5 PAYMENT, CEILING, AND WITHHOLDING

The Government will pay the Contractor for the number of hours worked, following the procedures in FAR 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(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.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, 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.7 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 (A&E) Services. The following Section J Exhibits provide additional information the Contractor shall use in generating prices:

B.8 BASE YEAR, OPTION YEAR and OPTIONAL SERVICE PRICING

For the purposes of calculating premium pay, authorized holidays are shown in Exhibit F. Contractor employees who are either U.S. citizens or hired in the U.S. shall be entitled to premium pay for U.S. holidays only. Contractor employees who are neither U.S. citizens nor hired in the United States shall be entitled to only those holidays recognized by Ecuador. This includes other fringe benefits such as annual leave, sick leave and severance pay.

The Contract Line Item Numbers (CLINs), 0001 – 0033; 1001 – 1033; 2001 – 2033; 3001 – 3033; 4001 - 4033 prices in Section B 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 12-continuous hours in a 24-hour period, except in emergency situations or as authorized by the Contracting Officer or Contracting Officer’s Representative (COR). Each guard shall have a minimum of 12 hours off duty between tours on this contract, except as authorized above. The Contractor shall provide a 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 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 12-hour tour length.

In consideration of satisfactory performance, the Government will pay the Contractor each month for the Standard and/or A&E Services rendered. Additional or Emergency Services shall be 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.9.1 Standard Services

Section J, 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:

· CLINs 0001, 1001, 2001, 3001 and 4001 and CLINs 0010, 1010, 2010, 3010 and 4010 – Guard Force Commander: See paragraph H.5.2.

· CLINs 0002, 1002, 2002, 3002 and 4002 and CLINs 0011, 1011, 2011, 3011 and 4011 – Supervisor: See paragraph H.5.3.

· CLINs 0003, 1003, 2003, 3003 and 4003 and CLINs 0012, 1012, 2012, 3012 and 4012 – Bodyguard: See paragraph H.5.4.

· CLINs 0004, 1004, 2004, 3004 and 4004 - Security Dispatcher: See paragraph H.5.5.

· CLINs 0005, 1005, 2005, 3005 and 4005 and CLINs 0013, 1013, 2013, 3013 and 4013 – Senior Guard: See paragraph H.5.6.-

· CLINs 0006, 1006, 2006, 3006 and 4006 and CLINs 0014, 1014, 2014, 3014 and 4014 - Guard: See paragraph H.5.7.

· CLINs 0007, 1007, 2007, 3007 and 4007 and CLINs 0015, 1015, 2015, 3015 and 4015 – Guard/Driver: See paragraph H.5.8.

B.9.1.1 Optional Standard Services

The Government reserves the option to request the Contractor to provide Optional Standard Services in both Quito and Guayaquil. Prior to the contractor providing the additional coverage the Contracting Officer must issue a written modification specifying the type and duration of the additional coverage.

The fixed hourly rates for Optional 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. The Contractor shall not subcontract or lease Optional Standard Services. Separate pricing is only required for the following Optional Standard Service positions:

Labor categories for Optional Standard Services at U.S. Embassy Quito/U.S. Consulate General Guayaquil are outlined below:

· CLINs 0008, 1008, 2008, 3008, and 4008 CLINs 0016, 1016, 2016, 3016 and 4016 - SD Shift Supervisor: See H.5.9.

· CLINs 0009, 1009, 2009, 3009, and 4009 CLINs 0017, 1017, 2017, 3017 and 4017 - SD Specialist: - See H.5.10.

B.9.2 Additional or Emergency Services

The 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 Section J, 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 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 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 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 48 hours of the oral request.

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 for providing 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, 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 A&E Services are outlined below:

· CLINs 0018, 1018, 2018, 3018 and 4018 and CLINs 0024, 1024, 2024, 3024 and 4024 – Guard Force Commander: See paragraph H.5.2.

· CLINs 0019, 1019, 2019, 3019 and 4019 and CLINs 0025, 1025, 2025, 3025 and 4025 – Supervisor: See paragraph H.5.3.

· CLINs 0020, 1020, 2020, 3020 and 4020 and CLINs 0026, 1026, 2026, 3026 and 4026 – Bodyguard: See paragraph H.5.4.

· CLINs 0021, 1021, 2021, 3021 and 4021 and CLINs 0027, 1027, 2027, 3027 and 4027 - Senior Guard: See paragraph H.5.6.

· CLINs 0022, 1022, 2022, 3022 and 4022 and CLINs 0028, 1028, 2028, 3028 and 4028 - Guard: See paragraph H.5.7.

· CLINs 0023, 1023, 2023, 3023 and 4023 and CLINs 0029, 1029, 2029, 3029 and 4029 - Guard/Driver: See paragraph H.5.8.

B.9.3 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.9.3.1 Mobile Patrol Vehicles

CLINs 0034 through 4034, and 0031 (Quito) and 1035 through 4035 (Guayaquil) – Mobile Patrol Vehicles. The Contractor shall furnish sufficient vehicles to provide Mobile Patrol operations during the days and hours specified in Section J, Exhibit A for both U.S. Embassy Quito and Consulate General Guayaquil. The Contractor shall have sufficient spare vehicles to ensure no lapses in coverage due to mechanical failure, regular maintenance or other unforeseen reasons (reference Section C.5.2.2 and Section J, Exhibit D). The Contractor shall be responsible for providing new 4-door, 4X4 air-conditioned pickup trucks or SUV vehicles at the start of contract performance period. During contract performance any vehicle exceeding 200,000 kilometers shall be replaced at no additional cost to the government. In the event a replacement is required, the COR shall approve any vehicle that differs from the existing models.

The Contractor may request reimbursement for costs associated with providing Mobile Patrol 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 titles to all vehicles supplied by the Contractor will remain with the Contractor. No import restrictions exist and local dealerships are available. Vehicles performing under this CLIN shall be used only for Mobile Patrol purposes and shall display the company’s logo on the driver’s side and passenger side doors. The costs related to vehicles used for other purposes in the performance of this contract shall be included in the Contractor’s overhead. The monthly rate for vehicles is firm fixed price.

B.9.3.2 Surveillance Detection (SD) Vehicles (Optional Requirement)

CLINs 0038 through 4038 (Quito) and 0039 through 4039 (Guayaquil): Vehicles—Surveillance Detection: The Contractor shall provide one unmarked vehicle for U.S. Embassy Quito and one unmarked vehicle for U.S. Consulate General for the SD teams. The vehicles shall be rotated on an annual basis to ensure that the SD team is not easily identified an element of the U.S. Mission. The Contractor may request reimbursement for the cost associated with providing Surveillance Detection Vehicles as specified in the contract. The monthly price for vehicles shall be Firm Fixed Priced.

B.9.3.3 SD Equipment (Optional Requirement)

CLINs 0040 through 4040 (Quito) and 0041 through 4041 (Guayaquil): Surveillance Detection Equipment: The Contractor shall provide one (1) cellular phone with call waiting for each team member and shall provide all items listed in Section J, Exhibit D.

B.9.3.4 SD Command Posts – The Government will provide the SD Command Post in both Quito and Guayaquil.

B.9.3.5 Local Guard Force Radio Network

CLINs 0042 through 4042 (Quito) and 0043 through 4043 (Guayaquil) – Radio Network: The monthly rate shall include all costs associated with radio/communications equipment (see Section C.5.9), including maintenance costs.

The Contractor is responsible for acquiring and paying for radios, all frequencies, usage fees, licenses and permits that may be required for the operation of the communications network throughout the life of the contract and shall be an Embassy-dedicated radio network, which shall not be shared with other company network. The Guard Force Commander, Shift Supervisors, and Mobil Patrol shall all be given Contractor-Furnished cell phones, which shall be dedicated to the U.S. Mission Local Guard Program Ecuador. The Contractor is responsible for all maintenance and repair costs associated with all communications equipment included in the communications network.

B.9.3.6 Central Alarm Monitoring System (CAMS)

The Government will provide the CAMS.

B.9.3.7 Guard Electronic Monitoring Systems (GEMS)

CLINs 0036 through 4036 (Quito) and 0037 through 4037 (Guayaquil) – GEMS: The monthly rate shall include all costs associated with GEMS equipment (see paragraph C.5.8), including maintenance costs.

B.9.3.8 Reimbursable Materials

CLINs 0044, 1044, 2044, 3044, and 4044 – Reimbursable Materials: In the event the Government requests the Contractor to purchase Reimbursable Materials, the Contractor shall provide 2 competitive vendor quotes 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 CO. However, the Contractor is not required to obtain competitive vendor quotes if the total value of the purchase does not exceed $500.00 USD. The contractor shall receive COR written approval before procuring any reimbursable materials.

The Contractor shall be reimbursed for all non-expendable equipment and expendable supplies, related to the performance of A&E services. Reimbursable materials and equipment shall not exceed US$500.00 per contract year. Contractor shall receive COR written approval before procuring any reimbursable materials.

B.9.3.6 Defense Base Act Insurance

CLINs 0045 through 4045 – 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 (1) 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.

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.2.3). The Contractor shall submit the certification to the CO before the Notice-to-Proceed (see Section F.2 about Notice-to-Proceed).

B.9.3.7 Value Added Tax (VAT)

CLINs 0046 through 4046 – Value Added Tax (VAT): Value Added Tax (VAT) is not included in the rates for: Standard Services; A&E Services; Vehicles; Communications Network; Central Alarm Monitoring System (CAMS); the not-to-exceed amount for Reimbursable Materials; and DBA Insurance. Rather, the Contractor shall include VAT as a separate charge in the monthly invoice (reference the sample invoice in Exhibit I). The amount of VAT to be charged is 12 percent and is applicable to each performance period. The Contractor shall prepare all invoices in accordance with Ecuadorian Internal Revenue Service (SRI) regulations so that the Embassy can claim a refund of the VAT. All portions of the solicitation except DBA are subject to VAT.

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.

DOSAR 652.216-71 - PRICE ADJUSTMENT (AUG 1999)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION C - PERFORMANCE WORK STATEMENT (PWS)

C.1 PURPOSE AND OBJECTIVES

The United States Department of State (DOS) has a requirement for a qualified Contractor to provide local guard services at the U.S. Embassy Quito and the U.S. Consulate General Guayaquil, Ecuador, hereinafter referred to as U.S. Mission Ecuador. The Embassy requires a secure environment to conduct its mission. The Contractor shall provide the organizational structure, management, and qualified staff at levels adequate to meet or exceed the requirement contained in this PWS.

C.2 BACKGROUND

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

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

C.3 MISSION AND GOALS

The primary mission of the Local Guard Force (LGF) is to protect U.S. Government personnel, facilities, and equipment from damage or loss. 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 Section J, 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 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 Very Important Person (VIP) 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 annual 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 annual re-certification training. Annual 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 COR(s).

The Government may make changes to the General and Post 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(s) any request for changes to the orders.

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

C.4.2 Types of Service

The Contractor shall provide Standard Services for the posts set forth in Section J.1, Exhibit A. The Contractor shall provide 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 A&E services to meet increased workload or temporary needs for services arising from visitors to post or special events. The COR will confirm any oral request for A&E services in writing within 48 hours of the oral request.

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 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.

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 in accordance with Section J, Exhibits A and B. The Contractor shall be responsible for responding to intruder alerts, notifying the RSO and following instructions in Section J, Exhibit B.

The Contractor shall be required to utilize a Central Alarm Monitoring System (CAMS), vehicles, Guard Electronic Monitoring System (GEMS), radio network and equipment, and cellular/mobile telephones in performing the services listed hereafter.

C.5.1 Entry Control

The Contractor shall deter and intercept unauthorized personnel or vehicular entry into areas designated by the RSO/COR(s) as a controlled area, including but not limited to office buildings and official residences. The Contractor shall immediately report all serious or unexpected incidents as defined in Section J, Exhibit B.

C.5.1.1 Office Building Entry Control

The Contractor shall intercept and identify visitors outside the secure premises. Guards shall screen visitor identification. The guards shall screen visitors and their possessions using the access control equipment to detect the presence of weapons or other prohibited items.

C.5.1.2 Residential Entry Control (Only Chief of Mission and Deputy Chief of Mission in Quito and Consul General in Guayaquil)

The Contractor shall identify and maintain a log of visitors entering the residences. Guards shall screen vehicles. Guards shall deny visitors whose arrival is not expected at the entrance until cleared by authorized personnel inside the residence or the RSO Duty Officer (See Section J, Exhibit B).

C.5.1.3 Vehicular Entry and Access Control

The Contractor shall examine all Government, commercial, and visitor vehicles entering an official facility. Guards shall check vehicle passengers for proper identification and screen the vehicle for explosives and suspect packages, following the procedures described in Section J, Exhibit B. Guards shall admit only authorized vehicles.

C.5.1.4 Inspection

The Contractor shall physically examine all packages and mail carried by any visitor or local employee who seeks access to official facilities or who seeks to leave or deliver such packages or mail. The Contractor shall maintain a log of all screened packages or mail. Guards shall inspect the perimeter of premises and report any suspicious vehicles or persons near the premises to the RSO, the RSO local investigator and the Contractor following procedures in Section J, Exhibit B.

C.5.1.5 Explosive, X-Ray Inspection and Metal Detection Equipment

The Contractor shall provide personnel to operate the Equipment. The Contractor shall adhere to the applicable Post Orders (see Section J, Exhibit B-specific Post Orders to be provided after award).

Contractor employees assigned to posts that utilize the equipment shall be adequately and properly trained.