SAQMMA11R0009(27JUN11).pdf

SOLICITATION, OFFER, AND AWARD

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

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

SAQMMA11R0009 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

06/27/2011

6. REQUISITION/PURCHASE NUMBER

CODE: LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

7. ISSUED BY

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

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

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

SOLICITATION

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

9. Sealed offers in original and __3__ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ____ until __13:00:00__ local time __08/31/2011 __

10. FOR

INFORMATION

E-MAIL:

A. NAME

Larry A. Pruitt

B. TELEPHONE (NO COLLECT

CALLS)

C. E-MAIL ADDRESS

pruittla@state.gov

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

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES CONTRACT

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

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE

L INSTRS., CONDS., AND NOTICES TO OFFERORSG CONTRACT ADMINISTRATION DATA

M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

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

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

12.

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

52.232-8)

10 CALENDER DAYS(%)

0.00 %

20 CALENDER DAYS(%)

0.00 %

30 CALENDER DAYS(%)

0.00 %

0 CALENDER DAYS(%)

0.00 %

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

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

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

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

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

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

ITEM

CODE:24. ADMINISTERED BY (if other than Item 7) CODE:25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Kelly Bracey

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

06/27/2011

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

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

SAQMMA11R0009

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs

B PRICE SCHEDULE

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

652.216-71 PRICE ADJUSTMENT (AUG 1999)

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

D Packaging and Marking E Inspection and Acceptance

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

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

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

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

H Special Contract Requirements H.1 Security H.2 Approval and Acceptance of Contractor Employees H.3 Health H.4 Language Proficiency H.5 Personnel Requirements H.6 Key Personnel H.7 Training Requirements H.8 Authority and Jurisdiction H.9 Licenses, Bonds, and Permits H.10 Vehicles H.11 Reserved H.12 Personal Injury, Property Loss or Damage (Liability) H.13 Variation in Quantity H.14 Government Furnished Property H.15 Department of State Personal Identification Card Issuance Procedures (Aug 2007) H.16 Technical Direction H.17 Safeguarding of Information H.18 Standards of Conduct

I Contract Clauses

652.243-70 NOTICES (AUG 1999)

J List of Attachments

J.1 LIST OF EXHIBITS

K Representations, Certifications, and Other Statements of Offerors or Respondents

K.1 Authorized Contract Administrator K.2 Firms Providing Quasi-Military Armed Forces for Hire 52.204-8 Annual Representations and Certifications (Jan 2011)

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

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

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

2004)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.215-1 Instructions to Offerors--Competitive Acquisition (Jan 2004) 52.237-1 Site Visit (Apr 1984) L.1 Site Visit L.2 Contract Award L.3 Alternate Offer Information L.4 Solicitation Response L.5 Time, Place, and Submission of Offer L.6 Discussions with the Offeror L.7 Disposition of Offers L.8 Debriefing of Unsuccessful Offerors L.9 Offeror Questions and Clarifications L.10 Limitation of Subcontracting L.11 Proposal Instructions L.12 Obtaining Licenses and Permits L.11.1 Volume 1: Price Proposal L.11.2 Volume 2: Technical Proposal 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-5 Authorized Deviations in Provisions (Apr 1984)

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

652.228-74 DEFENSE BASE ACT INSURANCE RATES - LIMITATION (JUN 2006)

M Evaluation Factors for Award M.1 General M.3 Contract Award 52.217-5 Evaluation of Options (July 1990) 52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

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

0.00 LT

Doc Ref No:

Delivery Date FOB:

B PRICE SCHEDULE

Please see Exhibit O for the Pricing Schedule.

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.

B.4 Value Added Tax

Value Added Tax (VAT) is not included in the rates for Standard Services, Additional or Emergency Services, Vehicles, communications equipment, alarms and alarm monitoring, or the estimated amount for materials, or DBA Insurance. Rather, the Contractor shall include VAT as a separate charge in the monthly invoice (see sample invoice in Exhibit I). The amount of VAT to be charged is sixteen percent (16%). Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. All portions of the solicitation are subject to VAT.

B.5 Payment, Ceiling, and Withholding

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

The Contractor shall not exceed the ceiling prices, shown in pricing tables in Section B, either in total or for any category, unless the Contracting Officer (CO) signs a written contract modification to increase the ceiling. The Contractor shall notify the CO in writing sixty (60) days before the Contractor expects the total costs incurred to exceed 75% of any ceiling price/not to exceed amount listed above.

SAQMMA11R0009

Line Item Summary

Solicitation Number:

SAQMMA11R0009

Contract Number: Title: Lusaka Local Guard Program

Date of Solicitation:

06/27/2011

Line Item No. Description Quantity Unit Unit Price Total Cost

The Government will make no withholdings/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.6 Employee Salary Benefits

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

B.6.1 Meal Service

To ensure that the U.S. Embassy maintains the standard practices for the diplomatic guard force community in Lusaka, the Contractor is required to provide one hot meal per day to each posted employee, consisting of locally appropriate food. The Contractor will be responsible for establishing a meal service plan and accountability system to ensure guards on each shift receive meals each day they work. The Contractor’s meal service plan and accountability system will be reviewed and approved by the Government prior to contract award, and must be maintained at the level approved throughout the term of the contract at no additional cost to the Government. Should meal service be discontinued during the term of this contract to include all options and extensions, the Government shall be entitled to a price adjustment decreasing the contract price by the decrease in the actual costs of the meal service.

Although the provision and distribution of meals to guards can be subcontracted to a third party, the Contractor will be held liable for ensuring meals are provided as stated in this contract. A failure by the Contractor to maintain its meal service plan as required by this subsection shall be deemed a material breach of this Contract warranting termination of the contract for default in accordance with FAR 52.249-8 as contained in Section I of this contract.

B.6.2 Health Benefits The Contractor is required to include health benefits including hospitalization, outpatient care, maternity care and medication, for guards employed under this contract in its compensations program. The Contractor’s health benefits plan will be reviewed and approved by the Government prior to contract award, and must be maintained at the level approved throughout the term of the contract at no additional cost to the Government. A failure by the Contractor to maintain its health benefits program as required by this subsection shall be deemed a material breach of this Contract warranting termination of the contract for default in accordance with FAR 52.249-8 as contained in Section I of this contract.

B.6.3 Supplemental Wage Allowance To ensure that the guards performing services under this contract are adequately compensated so as to avoid unnecessary attrition, labor unrest and other dangers to the post’s security, the Contractor is required to pay every guard a supplemental wage allowance in addition to the basic wages and other benefits provided in accordance with applicable local labor law and the Contractor’s regular compensation procedures. This supplemental wage allowance shall be in addition to basic wages and other benefits, and may not be offset against or counted toward such basic wages and other benefits. A failure by the Contractor to pay the supplemental wage allowance in a timely manner shall be deemed a material breach of this Contract warranting termination of the contract for default in accordance with FAR 52.249-8 as contained in Section I of this contract.

The amount of the supplemental wage allowance is established at the level of U.S. $100.00 per month in total minus any deductions, which shall be paid to the guards at least monthly in the local currency equivalent at the official exchange rate prevailing on the date of payment. The Government may adjust the amount of the supplemental wage allowance from time to time as it deems necessary. Should the amount of the supplemental wage allowance be increased, the Contractor shall be entitled to a price adjustment to reimburse it for the actual increased costs of payments made to the guards, but no overhead, profit or other indirect costs shall be allowed.

Should the amount of the supplemental wage allowance be decreased or the allowance discontinued, the Government shall be entitled to a price adjustment decreasing the contract price by the decrease in the actual costs of the supplemental wage allowance payments made to the guards.

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 Services. The following Exhibits provide additional information the Contractor shall use in generating prices:

Exhibit A Guard Posts and Schedule of Guard Coverage

Exhibit B General Orders and Post Orders

Exhibit C Quality Assurance and Surveillance Plan

Exhibit D Contractor-Furnished Property

Exhibit E Government-Furnished Property

Exhibit F

Holidays

Exhibit H Language Skill Level Descriptions

B.8 Base Year and Option Year Pricing

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

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

The Contractor shall not permit any employee to work more than twelve (12) continuous hours in a twenty-four

(24) hour period or exceed 60 hours in a week, 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. Unless approved by the COR, the Contractor shall not bill for employee hours that exceed the twelve (12) hour shift length.

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.

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. The Government may or may not need the maximum number of hours as stated in Section B. The Government reserves the right to revise the requirements stated under this section as it deems necessary.

B.8.1 Standard Services

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

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

• CLIN 0001, 1001, 2001, 3001 and 4001– Guard Force Commander: Burdened rates for the services provided by a Guard Force Commander for accomplishing tasks associated with services listed in Section H.5.

• 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.

• 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.

• 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.

• CLIN 0005, 1005, 2005, 3005 and 4005 – Guard-Driver: Burdened rates for the services provided by a Guard-Driver for accomplishing tasks associated with services listed in Section H.5.

B.8.2 Additional or Emergency Services

The Additional or Emergency (A&E) Services contained in this contract are for contingency purposes only.

The Contractor shall only provide A&E hours if requested by the COR.

Additional or Emergency Services are within the scope of this contract but not specified in Exhibit A. The performance of duties listed in 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 non-expendable 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 Paragraph 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, 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 0006, 1006, 2006, 3006 and 4006– Guard Force Commander: Burdened rates for the services provided by a Guard Force Commander for accomplishing tasks associated with services listed in Section H.5.

• CLIN 0007, 1007, 2007, 3007 and 4007 – Supervisor: Burdened rates for the services provided by a Supervisor for accomplishing tasks associated with services listed in Section H.5.

• CLIN 0008, 1008, 2008, 3008 and 4008 – Senior Guard: Burdened rates for the services provided by a Senior Guard for accomplishing tasks associated with services listed in Section H.5.

• CLIN 0009, 1009, 2009, 3009 and 4009 – Guard: Burdened rates for the services provided by a Guard for accomplishing tasks associated with services listed in Section H.5.

• CLIN 0010, 1010, 2010, 3010 and 4010 – Guard-Driver: Burdened rates for the services provided by a

Guard-Driver for accomplishing tasks associated with services listed in Section H.5.

B.8.3 Other Direct Costs

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

B.8.3.1 Vehicles

• CLIN 0011, 1011, 2011, 3011 and 4011 – Vehicles: The Contractor may request reimbursement for costs associated with providing vehicles as specified in the contract. The monthly rate shall include all operating costs including, but not limited to fuel, lubricants, oil, routine and special maintenance, care and cleaning, and insurance. The Contractor shall take into account the residual value and only charge the Government for the prorated cost applicable to this contract. Vehicles under this line item shall be used only for mobile patrol 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 the contract place of performance. The Contractor shall be responsible for managing the vehicle pool in a manner that restricts the need to provide replacement vehicles during the life of this contract. In the event a replacement is required the COR shall approve any vehicles that differ from the existing models. Replacement vehicles shall be at no additional cost to the Government.

B.8.3.2 Local Guard Force Radio Network

• CLIN 0012, 1012, 2012, 3012 and 4012 – Radio Network: The monthly rate shall include all costs associated with radio/communications equipment.

B.8.3.3 Uniforms

• CLIN 0013, 1013, 2013, 3013 and 4013 – Uniforms: The cost of providing uniforms for the guard force.

Uniforms shall be issued in accordance with Exhibit D.

B.8.3.4 Uniform Laundry Service The Contractor shall receive COR written approval before procuring any A&E laundry services at a monthly rate.

• CLIN 0014, 1014, 2014, 3014 and 4014 – Uniform Laundry Service: As required in H.1 of the contract, the Contractor is responsible for ensuring employees maintain a neat and presentable appearance while performing this contract. All costs associated with the pick-up, washing, and delivery of uniforms shall be included in this

CLIN.

B.8.3.5. Equipment

• CLIN 0015, 1015, 2015, 3015 and 4015 – Equipment: The cost of all personal and post equipment required by Exhibit D, with the exception of radio network equipment covered in CLINs X012. Proposed price shall include all costs to purchase, store, repair, replace all equipment needed over the life of the contract.

B.8.3.6 Meal Service

• CLIN 0016, 1016, 2016, 3016 and 4016 – Meal Service: Meal service is provided to match the benefits provided under local guard contracts in the diplomatic community in Lusaka. The Contractor may request reimbursement for the cost associated with providing Meal Service as specified in the contract. The monthly rate shall include all costs associated with meal service.

B.8.3.7 Supplemental Wage Allowance

• CLIN 0017, 1017, 2017, 3017 and 4017 – Supplemental Wage Allowance: The monthly fixed supplemental to salary is due to low wages and the relative hight costs of urban living that currently exists in Lusaka, Zambia for the purchase of essentials. The unit price shall include all costs associated with providing the allowance outlined in Section B.6.3. The Contractor shall insert the number of employees proposed as the quantity and multiply against the unit cost to derive the Extended Total (Ceiling Price).

B.8.3.8 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 per contract year. The Contractor shall receive COR written approval before procuring any reimbursable materials.

• CLIN 0018, 1018, 2018, 3018 and 4018 – Reimbursable Materials: In the event the Government requests the Contractor to purchase Reimbursable Materials, the Contractor shall provide 2-3 competitive vendor quotes for all purchases exceeding $500.00 USD in support of the purchase, as well as a written justification if the Contractor selects other than the lowest priced quote. The quotes shall serve as a determination of fair and reasonable pricing by the Contracting Officer.

B.8.3.9 Defense Base Act Insurance - Reimbursable The hourly rates and prices in the contract shall not include Defense Base Act (DBA) Insurance. The Government will reimburse the Contractor directly for DBA Insurance that is required and obtained in accordance with Section I, DOSAR 652.228-71, "Worker's Compensation Insurance (Defense Base Act) – Services" incorporated by full text and FAR 52.228-3, "Worker's Compensation Insurance (Defense Base Act)" incorporated by reference.

When the contract is awarded, the Contractor shall contact the CO 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 documenation with any invoice submitted to the Government requesting reimbursement for DBA insurance under this contract (Paragraph G.2.1). The Contractor shall submit the certification to the CO before the Notice-to-Proceed (reference Paragraph F.2 about Notice-to-Proceed).

• CLIN 0019, 1019, 2019, 3019 and 4019 – DBA Insurance: The cost of DBA insurance is paid on an annual basis. The period of performance of this contract may be extended beyond one year. If so, the Contractor shall contact the Contracting Officer, request the new rates, and be reimbursed by the Government for the actual, documented DBA insurance costs.

B.8.3.10 Value Added Tax

• CLIN 0020, 1020, 2020, 3020, and 4020 – Value Added Tax (VAT): Value Added Tax (VAT) 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 sample invoice in Exhibit I). The amount of VAT to be charged is sixteen percent (16%). Local law dictates the portion of the contract price that is subject to VAT;

this percentage is multiplied only against that portion. It is reflected for each performance period. All portions of the solicitation are subject to VAT.

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

(a) The contract price may be increased or decreased in actual costs of direct service labor which result directly from laws enacted and effective during the term of this contract by the Zambia Government. Direct service labor costs include only the cost of wages and direct benefits (such as social security, health insurance, unemployment compensation insurance) paid to or incurred for the direct benefit of personnel performing services under one of the categories listed in Section B of this contract. Price adjustments will include only changes in direct service labor costs incurred in order to comply with the requirements of the law. No adjustment will be made under this clause with respect to labor costs of personnel not performing direct service labor under the categories of Section B, nor for overhead, profit, general and administrative (G&A) costs, taxes or any other costs whatsoever.

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

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

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

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

(c) The contractor shall present data that clearly supports any request for adjustment. This data shall be submitted no later than 90 calendar days after the changes in the law have been made public. This data shall include, but not be limited to, the following:

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

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

(d) In order to establish the change between the requested adjusted rate and the original rate, the contractor shall support the appropriate data and composition of the original rate and the requested adjusted rate. This shall include details regarding specific hourly rates paid to individual employees. For contracts paid in U.S.

dollars, the contractor's request for price adjustment shall present data reflecting:

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

(2) The current exchange rate and its effect on payment of workers in local currency.

The allowable adjustment shall be limited to the extent to which increases in direct service labor costs due to host country law changes are not offset by exchange rate gains.

(e) Only direct cost changes mandated by enacted laws shall be considered for adjustment under this contract.

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

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

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

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

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

(j) All requests that are not submitted timely, in accordance paragraph (c) may result in the Government rejecting the request for price adjustment.

(End of clause)

Section C - Descriptions/Specifications/Statement of Work

C.1 Purpose and Objectives

The United States Department of State (DOS) has a requirement for a qualified Contractor to provide local guard services at the U.S. Embassy Lusaka, Zambia, hereinafter known as U.S. Mission Zambia. The U.S.

Mission Zambia requires a secure environment to conduct its mission. The Contractor shall provide the organizational structure, management, and qualified staff at levels adequate to meet or exceed the requirement contained in this PWS.

C.2 Background

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

DS Special Agents that are assigned to U.S. diplomatic missions overseas serve as the Regional Security Officers (RSO). The RSO provides the first line of defense for DOS personnel, their families, U.S. diplomatic missions, and national security information. The RSO develops and implement the programs that shield U.S.

missions and residences from physical and technical attack. The RSO receives valuable assistance in this effort from other Diplomatic Security personnel, Marine Security Guards (MSG), local investigators, and security engineering officers, and host government officials. The RSO serves as the primary liaison with foreign police and security services overseas in an effort to obtain support for U.S. law enforcement initiatives and investigations. The RSO also serves to monitor the performance of the local guard services as the Contracting Officer’s Representative (COR).

C.3 Mission and Goals

The primary mission of the local guard service is to provide protection for United States personnel, facilities and equipment from damage or loss due to violent attack and theft. The local guards act as an early warning signal to the American Embassy and the RSO. The local guard force also will carry out specific actions as described in the General Orders and individual Post Orders. The local guard services shall prevent unauthorized access; protect life; maintain order; deter criminal attacks against employees; dependents and property and terrorist acts against all U.S. assets, and prevent damage to Government property.

C.4 Local Guard Services

The Contractor shall be required to provide Standard and 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 Section J, Exhibit A. 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 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.

Contractor personnel are prohibited from providing guard services if they have not successfully completed basic and/or re-certification training. Re-certification training shall include any new material bearing on the performance of the local guards that is deemed necessary by the COR. The Contractor is required to obtain U.

S. Government approval prior to the posting of the Contractor's personnel.

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. 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 shall maintain a copy of the General Orders and of the applicable Post Orders at each designated post listed in Section J, Exhibit A. The Contractor shall insure that all updates and revisions to the General and Post Orders are maintained at each post.

C.4.2 Types of Service

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

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

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

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

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

C.5 Specific Tasks

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

The Contractor shall be required to utilize a Guard Electronic Monitoring System (GEMS), a Central Alarm Monitoring System (CAMS), and establish a radio network in performing the following services.

C.5.1 Entry Control

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

C.5.1.1 Office Building Entry Control

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

C.5.1.2 Official Residence Entry Control

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

C.5.1.3 Control Vehicular Entry and Access

The Contractor shall examine all Government, commercial, and visitor vehicles entering a secured office building premises. Guards shall check vehicle passengers for proper identification and the vehicle for suspected bombs and suspected packages, following Exhibit B. Guards shall admit only those authorized vehicles. The Contractor shall keep logs on vehicles permitted access to secure premises.

C.5.1.4 Inspection and Surveillance

The Contractor shall physically examine all packages and mail carried by any person who seeks access to guarded premises or who seeks to leave or deliver such packages or mail. Guards shall inspect resident perimeters. Guards shall endeavor to detect and prevent fires in residences. In the event of fire, guards shall summon the Fire Department and assist in evacuation of residents. Guards shall report to the local police and the RSO any suspicious vehicles or persons near the residence.

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

The Contractor shall provide personnel to operate the Explosive Detectors and X-ray Inspection Equipment.

The Contractor shall adhere to the applicable Post Orders.

The Contractor employees assigned to posts that utilize explosive detectors and/or X-ray inspection equipment shall be adequately and properly trained in the operation of this equipment. The posts are set forth in Exhibit A. The Government will furnish the Contractor's training instructors with a set number of hours of training annually in order for the Contractor to be able to provide the necessary training (reference Section H.7).

C.5.2 Patrols

The Contractor shall be required to provide both foot and vehicle patrols throughout the Embassy compound.

The Contractor shall implement patrol procedures that avoid establishing a set time and pattern for each patrol round.

C.5.2.1 Perimeter Patrol

The Contractor shall be required to perform roving foot patrols in accordance with Exhibit B. The Contractor shall make rounds within designated areas at least twice each hour. Guards shall change their course and pace while patrolling grounds to avoid establishing a set time and pattern of perimeter rounds.

C.5.2.2 Mobile Patrol

The Contractor will provide vehicle mobile patrol services for residential and official facilities. The mobile patrol shall operate in accordance with Exhibit A. Approximately seventy (70) buildings located in three (3) sectors are to be patrolled by the mobile unit(s). A minimum of three (3) mobile patrol units are required. The mobile patrol shall operate twenty-four (24) hours per day, seven (7) days per week and be exclusively devoted to the U.S. Embassy project. Mobile Patrol is required to visit every residence six (6) times in a twenty-four

(24) hour period incorporating GEMS for verification. The six (6) patrols must include a minimum of three (3) evening patrols between 1800 and 0600 hours. Scheduling and routing for the patrol shall be varied constantly to prohibit anticipating its route. The government estimates the average mileage necessary for the vehicle mobile patrol is approximately 5,000 kilometers per month.

The Contractor shall maintain the Contractor-furnished vehicles and equipment for the mobile patrol. The Contractor shall provide a sufficient number of vehicles to assure continued availability of vehicles for the mobile patrol operations during the days and hours specified in Exhibit A, with ability to handle mechanical failure, regular maintenance or other foreseen reasons without having any lapse in coverage. The Contractor shall specify the make, model, year, and condition of each, and ensure that all vehicles have the appropriate insurance coverage.

C.5.2.3 Response to Alarm Activation

The Central Monitoring Station (CMS) shall contact the Mobile Patrol on duty for response to activated alarms. The Mobile Patrol closest to the alarm activation point shall be at the location within ten (10) minutes.

The dispatched Mobile Patrol shall assess the cause for the alarm, immediately advise the dispatcher on-duty, and await further instructions. The Mobile Patrol shall not enter a residential or facility compound without a RSO Duty Officer present and their authorization to enter. If the resident is present and gives permission, the Mobile Patrol may enter the resident's compound to look for possible intruders on the grounds.

The COR may periodically test reaction capability. This test will be with the knowledge of the Contractor but not that of the mobile patrol teams. The Government will give notice to the Contractor one (1) week in advance of such testing.

C.5.3 Escort Services

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

C.5.4 Logs and Records

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

C.5.4.1 Operational Records

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

C.5.4.2 Individual Qualification Checklist

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

C.5.4.3 Explosive Detectors and/or X-Ray Inspection Records

The Contractor shall keep Explosive Detector maintenance logs on a daily, weekly, monthly basis following the Maintenance Log Book procedures provided by the manufacturer. X-ray repair maintenance records shall be maintained. The Contractor shall submit reports as directed by the COR, not to exceed an average of ten (10) reports per month.

C.5.5 Closed Circuit Television (CCTV)

The Contractor Guards shall operate the CCTV monitoring equipment following the guidance contained in accordance with Exhibit B. The Contractor shall pay particular attention to any suspicious activity. The Contractor shall note in the Post Log and report to the RSO immediately of any malfunctioning or broken CCTV equipment. The Contractor shall ensure all personnel assigned to a CCTV post have been properly trained before being assigned to the post.

C.5.6 Central Alarm Monitoring System (CAMS)

The Contractor shall provide central alarm monitoring services twenty-four (24) hours a day, seven (7) days a week for the Embassy residences owned or rented by the U.S. Government. The Central Alarm Monitoring System (CAMS) is a network established by linking remote residential sites protected by a residential alarm system. The residential alarm system installed in each residence shall be connected to a central alarm panel. A radio alarm transmitter is connected to the central alarm panel and provides the communication link to the Central Monitoring Station (CMS).

C.5.6.1 Central Monitoring Station (CMS)

The Central Monitoring Station (CMS) shall be located at a Contractor-furnished facility and it shall be manned twenty-four (24) hours a day, seven (7) days a week. At the CMS, the Contractor shall provide the necessary radio equipment to receive signals from residential alarms and to communicate by radio with the Mobile Patrol units.