SAQMMA12R0095_Ottawa-Toronto-Winnipeg-Halifax.pdf

SOLICITATION, OFFER, AND AWARD

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

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

SAQMMA12R0095 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED 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 __see Section L__ until __17:00:00__ local time __09/24/2013 __

10. FOR

INFORMATION

E-MAIL:

A. NAME

Latoya M. Jones 571-345-2351

B. TELEPHONE (NO COLLECT

CALLS)

C. E-MAIL ADDRESS

joneslm2@state.gov

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

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

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES CONTRACT

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

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

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSX F DELIVERIES OR PERFORMANCE

X L INSTRS., CONDS., AND NOTICES TO OFFERORSX G CONTRACT ADMINISTRATION DATA

X M EVALUATION FACTORS FOR AWARDX H 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 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR 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)

Jan Visintainer

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

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

SAQMMA12R0095

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SAQMMA12R0095 U.S. Mission Canada: Ottawa, Toronto, Winnipeg and Halifax

TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES

B.1 PRICE SCHEDULE……………

B.2 SERVICES……………………

B.3 TYPE OF CONTRACT

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

B.5 VALUE ADDED TAX

B.6 PAYMENT, CEILING, AND WITHHOLDING

B.7 EMPLOYEE SALARY BENEFITS

B.8 LABOR CATEGORIES

B.9 BASE YEAR, OPTION YEAR AND OPTIONAL SERVICE PRICING

SECTION C - PERFORMANCE WORK STATEMENT (PWS)

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………

SECTION D – PACKING AND MARKING (RESERVED)

SECTION E - INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

E.1 ACCEPTABLE LEVELS OF PERFORMANCE…………………………………….32

SECTION F - DELIVERIES OR PERFORMANCE

CLAUSES INCORPORATED BY REFERENCE

F.1 PERIOD OF PERFORMANCE

F.2 NOTICE-TO-PROCEED

F.3 PHASED TAKEOVER

F.4 DELIVERABLES…

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF ADMINISTRATIVE CONTRACTING OFFICE……………..37

G.2 INVOICING INSTRUCTIONS………………………………………………… …… 37

G.3 FINAL INVOICE….………………… ....................................... … …. ………..39

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SECURITY…………

H.2 APPROVAL AND ACCEPTANCE OF CONTRACTOR EMPLOYEES

H.3 HEALTH……………

H.4 LANGUAGE/READING 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 - RESERVED………

H.11 ARMED PERSONNEL - RESERVED

H.12 WEAPONS - RESERVED

H.13 PERSONAL INJURY, PROPERTY LOSS OR DAMAGE (LIABILITY)

H.14 VARIATION IN QUANTITY

H.15 GOVERNMENT FURNISHED PROPERTY

H.16 KEY CONTROL……

H.17 RESERVED………

H.18 PUBLIC RELEASE OF INFORMATION

H.19 POST AWARD CONFERENCE

H.20 NEGLECT OF DUTIES

H.21 DISORDERLY CONDUCT

SECTION I - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

I.1 TRAVEL AND SUBSISTENCE COSTS

I.2 RIGHT OF FIRST REFUSAL OF EMPLOYMENT…………………………………… 60

I.3 CONTRACT CHANGES…………………………………………………………………..60

FAR CLAUSES INCORPORATED IN FULL TEXT…………………………………………60

DEPARTMENT OF STATE ACQUISITION REGULATIONS

SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 AUTHORIZED CONTRACT ADMINISTRATOR

K.2 FIRMS PROVIDING QUASI-MILITARY ARMED FORCES FOR HIRE

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

PROVISIONS INCORPORATED BY REFERENCE

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 DEBRIEFINGS……

L.9 OFFEROR QUESTIONS AND/ OR CLARIFICATIONS

L.10 LIMITATION OF SUBCONTRACTING

L.11 PROPOSAL INSTRUCTIONS

SECTION M - EVALUATION FACTORS FOR AWARD

PROVISION INCORPORATED BY REFERENCE

M.1 GENERAL…………

M.2 EVALUATION FACTORS FOR AWARD

M.3 CONTRACT AWARD

SECTION B - SUPPLIES OR SERVICES AND PRICES

B.1 Price Schedule (SEE EXHIBIT S)

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. 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

U.S. firms are eligible to be paid in U.S. dollars. U.S. firms desiring to be paid in U.S. dollars should submit their offers in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporated under the laws of a state within the United States.

NOTE: The definition of a U.S. Firm for payment purposes should not be confused with the definition of U.S. Person for purposes of applying U.S. preference in the proposal evaluation.

(See Section K for U.S. Person definition.)

FOREIGN FIRMS.

Any firm, which is not a U.S. firm, is a foreign firm. Any firm that does not meet the above definition of U.S. firm shall submit its prices and receive payment in local currency.

B.5 Value Added Tax/Goods and Services Tax

Value Added Tax (VAT), Goods and Services Tax (GST), Harmonized Sales Tax (HST) and/or Provincial Sales Tax (PST) should be priced as a separate charge in the monthly invoice (see sample invoice in Exhibit I). Local law dictates the portion of the contract price that is subject to VAT, GST, HST and/or PST; this percentage is multiplied only against that portion. It is reflected for each performance period. The amount to be charged is as follows:

Ottawa and Toronto (Ontario) – 13% HST

Winnipeg (Manitoba) – 5% GST, 8% PST effective July 1, 2013 Halifax (Nova Scotia) 15% HST

B.6 Payment, Ceiling and Withholding

The Government will pay the Contractor for the number of hours worked. (See Section I, FAR 52.232-7). 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 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 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.7 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.7.1 Special Allowances

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 special allowances in addition to the basic wages and other benefits provided in accordance with applicable local labor law and the Contractor’s regular compensation procedures. These special allowances 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 special allowances 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.

These special allowances 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 these special allowances from time to time as it deems necessary. Should the amount of these special allowances 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 these special allowances 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 special allowance payments made to the guards.

B.7.1.1 RESERVED

B.7.1.2 RESERVED

B.7.1.3 RESERVED

B.7.2 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.7.3 RESERVED

B.7.4 RESERVED

B.8 Labor Categories

Section C, Performance Work Statement, contains the specific tasks, and Section H contains personnel requirements 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.

B.9 Base Year, Option Year and Optional Service Pricing

For the purposes of calculating premium pay, authorized holidays are shown in Section J, 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 the Government of Canada. This includes other fringe benefits such as annual leave, sick leave and severance pay.

The Contract Line Item Numbers CLINS –for Standard Services and Additional and Emergency Services prices in each Section B, Exhibit S 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, Exhibit S 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 CO 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: 1) intends to work for another firm or organization in addition to the Contractor or 2) 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 stated in Section B, Exhibit S. The Government reserves the right to revise the requirements stated under this section as deemed 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:

Ottawa

• CLINs 0001, 1001, 2001, 3001 and 4001: Guard Force Commander: See paragraph H.5.2.

• CLINs 0002, 1002, 2002, 3002 and 4002: Senior Guard: See paragraph H.5.4.

• CLINs 0003, 1003, 2003, 3003 and 4003: Guard: See paragraph H.5.6.

• CLINs 0004, 1004, 2004, 3004 and 4004: SD Supervisor: See paragraph H.5.7.

• CLINs 0005, 1005, 2005, 3005 and 4005: SD Specialist: See paragraph H.5.8.

Toronto

• CLINs 0017, 1017, 2017, 3017 and 4017: Guard Force Commander: See paragraph H.5.2.

• CLINs 0018, 1018, 2018, 3018 and 4018: Senior Guard: See paragraph H.5.4.

• CLINs 0019, 1019, 2019, 3019 and 4019: Guard: See paragraph H.5.6.

• CLINs 0020, 1020, 2020, 3020 and 4020: SD Supervisor: See paragraph H.5.7.

• CLINs 0021, 1021, 2021, 3021 and 4021: SD Specialist: See paragraph H.5.8.

Winnipeg

• CLINs 0034, 1034, 2034, 3034 and 4034: Guard: See paragraph H.5.6.

Halifax

• CLINs 0043, 1043, 2043, 3043 and 4043: Senior Guard: See paragraph H.5.4.

• CLINs 0044, 1044, 2044, 3044 and 4044: Guard: See paragraph H.5.6.

• CLINs 0045, 1045, 2045, 3045 and 4045: SD Supervisor: See paragraph H.5.7.

• CLINs 0046, 1046, 2046, 3046 and 4046: SD Specialist: See paragraph H.5.8.

B.9.2 Additional or Emergency (A&E) Services

The Additional or Emergency (A&E) Services may be required at any location covered by this contract and shall be provided by the contractor if requested by the COR. The hours included in Section B for A&E Services are strictly estimates, may not be utilized in the quantities estimated and are not purchased by this contract. The Government is not obligated to order A&E Services and does not represent that any minimum will be ordered or that the estimates will not be exceeded. The rates established for A&E Services are not subject to adjustment under the clause entitled Variation in Quantity (H.14). The Government will not be liable for any costs related to A&E Services that are not ordered.

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 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 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:

Ottawa

• CLINs 0006, 1006, 2006, 3006 and 4006: Guard Force Commander.

• CLINs 0007, 1007, 2007, 3007 and 4007: Senior Guard.

• CLINs 0008, 1008, 2008, 3008 and 4008: Guard.

• CLINs 0009, 1009, 2009, 3009 and 4009: SD Supervisor.

• CLINs 0010, 1010, 2010, 3010 and 4010: SD Specialist.

Toronto

• CLINs 0022, 1022, 2022, 3022 and 4022: Guard Force Commander.

• CLINs 0023, 1023, 2023, 3023 and 4023: Senior Guard.

• CLINs 0024, 1024, 2024, 3024 and 4024: Guard.

• CLINs 0025, 1025, 2025, 3025 and 4025: SD Supervisor.

• CLINs 0026, 1026, 2026, 3026 and 4026: SD Specialist.

Winnipeg

• CLINs 0035, 1035, 2035, 3035 and 4035: Guard

Halifax

• CLINs 0047, 1047, 2047, 3047 and 4047: Senior Guard

• CLINs 0048, 1048, 2048, 3048 and 4048: Guard

• CLINs 0049, 1049, 2049, 3049 and 4049: SD Supervisor

• CLINs 0050, 1050, 2050, 3050 and 4050: SD Specialist

B.9.3 RESERVED

B.9.4 RESERVED

B.9.5 Other Direct Costs

This section includes all non-labor costs required by this contract. All costs with the exception of Reimbursable Materials, DBA Insurance and VAT are firm fixed priced.

B.9.5.1 RESERVED

B.9.5.2 RESERVED

B.9.5.3 Uniforms/Equipment

The contractor shall be responsible for obtaining all uniforms and equipment as specified in Section J Exhibit D Contractor Furnished Property. The following CLINs are applicable to this Section:

OTTAWA - CLINs 0013, 1013, 2013, 3013, 4013

TORONTO – CLINs 0030, 1030, 2030, 3030, 4030

WINNIPEG – CLINs 0038, 1038, 2038, 3038, 4038

HALIFAX – CLINs 0053, 1053, 2053, 3053, 4053

B.9.5.4 RESERVED

B.9.5.5 RESERVED

B.9.5.6 RESERVED

B.9.5.7 Guard Electronic Monitoring Systems (GEMS)

GEMS: The Contractor shall furnish and maintain a GEMS, including all software, sufficient numbers of barcode readers, bar code labels, data transmitter, personal computer, and training and maintenance so the system can remain in continuous use. Monthly rate shall include all costs associated with GEMS equipment (see paragraph C.5.8), including maintenance costs. The following CLINs are applicable to this Section:

TORONTO – CLINs 0027, 1027, 2027, 3027, 4027

B.9.5.8 Local Guard Force Radio Network

LGF Radio Network: The monthly rate shall include all costs associated with radio/communications equipment (see paragraph C.5.9), including maintenance costs.

The Contractor is responsible for acquiring and paying for radios, all frequencies (UHF), 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 Contractor is responsible for all maintenance and repair costs associated with all communications equipment included in the communications network. (See Exhibit D – Contractor-Furnished Property)

The following CLINs are applicable to this Section:

OTTAWA – CLINs 0011, 1011, 2011, 3011, 4011

TORONTO – CLINs 0028, 1028, 2028, 3028, 4028

WINNIPEG- CLINs 0036, 1036, 2036, 3036, 4026

HALIFAX – CLINs 0051, 1051, 2051, 3051, 4051

B.9.5.9 RESERVED

B.9.5.10 RESERVED

B.9.5.11 RESERVED

B.9.5.12 RESERVED

B.9.5.13 RESERVED

B.9.5.14 RESERVED

B.9.5.15 Reimbursable Materials

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 USD$4,160-Ottawa; USD$2,600-Toronto; USD$1,000- Winnipeg; and USD$2,080-Halifax. 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 USD$1,000.00 per contract year. Contractor shall receive COR written approval before procuring any reimbursable materials. The following CLINs are applicable to this Section:

OTTAWA – CLINs 0012, 1012, 2012, 3012, 4012

TORONTO – CLINs 0029, 1029, 2029, 3029, 4029

WINNIPEG – CLINs 0037, 1037, 2037, 3037, 4037

HALIFAX – CLINs 0052, 1052, 2052, 3052, 4052

B.9.5.16 Defense Base Act Insurance (DBA)

DBA Insurance: DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship. This insurance may be obtained from any authorized DBA insurance broker, see Sub-Section I.11, FAR 52.228-3 WORKER’S

COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984).

New DBA insurance policies can be purchased directly from any Department of Labor (DOL) approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm All Department of State Acquisition Regulation (DOSAR) clauses requiring DBA purchase from a designated provider are suspended to allow contractors to purchase insurance from any DOL approved insurance carrier.

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 DBA Insurance. The Government will reimburse the Contractor directly for DBA Insurance that is required and obtained in accordance with Section I, DOSAR 652.228-71, "Worker's Compensation Insurance (Defense Base Act) – Services (DEVIATION)" incorporated by full text and FAR 52.228-3, "Worker's Compensation Insurance (Defense Base Act)" incorporated by reference.

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

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

The following CLINs are applicable to this Section:

OTTAWA – CLINs 0014, 1014, 2014, 3014, 4014

TORONTO – CLINs 0031, 1031, 2031, 3031, 4031 http://www.dol.gov/owcp/dlhwc/lscarrier.htm�

WINNIPEG – CLINs 0039, 1039, 2039, 3039, 4039

HALIFAX – CLINs 0054, 1054, 2054, 3054, 4054

B.9.5.17 Value Added Tax (VAT)/Goods and Services Tax

Value Added Tax (VAT)/Goods and Services Tax (GST): VAT, GST, HST and/or PST shall not be included in the rates for Standard Services, Additional or Emergency Services, Vehicles, SD vehicles, Radio Network, SD Equipment, estimated reimbursable materials, Uniforms/Equipment, GEMS, or cell phones. DBA is not subject to either of these taxes.

Rather, the Contractor shall include the applicable tax as a separate charge in the monthly invoices (see sample invoice in Exhibit I). Local law dictates the portion of the contact price that is subject to VAT, GST, HST and/or PST; this percentage is multiplied only against that portion. It is reflected for each performance period. All portions of the solicitation, except for DBA, are subject to VAT, GST, HST and/or PST. The following CLINs are applicable to this Section:

OTTAWA (13% HST) - CLINs 0016, 1016, 2016, 3016, 4016

TORONTO (13% HST) – CLINs 0033, 1033, 2033, 3033, 4033

WINNIPEG (5% GST) – CLINs 0041, 1041, 2041, 3041, 4041

WINNIPEG (8% PST) – CLINs 0042, 1042, 2042, 3042, 4042

HALIFAX (15% HST) – CLINs 0056, 1056, 2056, 3056, 4056

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 Canada. 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 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 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 Canada 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 Ottawa and Consulates Toronto, Winnipeg and Halifax. The Embassy and Consulates requires a secure environment to conduct its missions.

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, 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 temporary 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 will only be provided to the Contractor in English. The Contractor shall be responsible for translating both General and Post Guard Orders into the local language(s). 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, and shall ensure that all updates and revisions to the General and Post Orders are maintained at each post. See Section J, 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, 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, but 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 non-expendable equipment or expendable supplies to be supplied by the Contractor related to the A&E services.

The Contractor shall document request for A&E services as specified in section G of this contract.

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 Guard Electronic Monitoring System (GEMS), radio network and equipment, and cellular/mobile telephones, and other equipment in performing the services listed hereafter.

C.5.1 Entry Control

The Contractor shall screen personnel, vehicles, and packages before allowing entry into areas designated by the RSO/COR(s) as a controlled area, including but not limited to office buildings and official residences. This screening shall serve to deter and intercept unauthorized personnel, vehicles and packages. 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.5.1.1.1 Operation of Explosive, X-Ray Inspection and Metal Detection Equipment

The Contractor shall provide personnel to operate the Access Control 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. The posts are set forth in Section J, Exhibit A. The Government will provide the initial and refresher training to Contractor personnel.

C.5.1.2 Residential Entry Control

The Contractor shall identify and maintain a log of visitors entering official residences. Unless otherwise instructed by the RSO/COR, guards shall screen all visitors and vehicles at these locations. In any case where visitor(s) seek access to official residences and are not on an approved access list from RSO, the guards will deny access and seek approval from authorized personnel at the residence, RSO, or Post One. In any other cases not covered, guards will call the supervisor on duty. (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.5.2 Patrols

The Contractor shall be required to provide both roving foot patrols when applicable according to Exhibit A. 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 Section J, Exhibit B. The Contractor shall make rounds within designated areas as directed by the RSO.

Guards shall change their course, pace, and timing of patrols while patrolling grounds to avoid establishing a set time and pattern of perimeter rounds.

C.5.2.2 RESERVED

C.5.2.3 RESERVED

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 of all U.S. owned/controlled properties secured by the contractor and make them 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 for deliverable reports (See paragraph F.4).

All log books when full/complete shall be retained by the Contractor and be made readily available for inspection. At the end of the contract, the Contractor may be required to submit all log books and records to RSO for retention.

C.5.4.1 Operational Records

The Contractor shall provide a log for each guard post, consisting of a bound ledger, with lined paper and numbered pages. Section J, Exhibit B provides instructions for the posting of each log. All guard entries shall be in black ink, relief guard entries shall be in blue ink and supervisor entries shall be in red ink.

The Contractor shall provide the COR with Official Incident Reports pertaining to any event involving the guard force or observations or anomalies detected or experienced by the guard force at any post (see Section J, Exhibit B). Such reports may include but are not be limited to:

procedural security violations; intruders; accidents; suspicious activity; equipment problems;

lighting problems; and other incidents either not covered by or contradicting standing orders. All incident reports shall be written or typed and submitted to the COR not more than 24 hours after the actual event. Serious incidents must be reported to the COR immediately via telephone. 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. The Contractor shall maintain all operational records for the duration of the contract, and shall make the records available for review by COR as required.

C.5.4.2 Individual Qualification Checklist (IQC)

The Contractor shall maintain the IQC and all supporting personnel and investigation records, training records, certifications and licenses as well as the information required in the nomination packages specified in Section H.2. The COR(s) shall have full access to inspecting the records.

C.5.4.3 Explosive, X-Ray Inspection and Metal Detection Equipment Records

The Contractor shall keep Equipment Inspection records maintenance logs as instructed by the COR (See paragraph F.4 Deliverables). Equipment maintenance log books shall be provided by the Contractor (See Section J, Exhibit D).

C.5.5 Surveillance Detection (SD) Operations

The Contractor shall provide SD operations as part of this contract, consisting of the following requirements. Surveillance Detection Operations are overt and are not to be considered as a replacement for ongoing efforts; they will only supplement activities already in place.

Surveillance detection operations are intended to be an early warning mechanism to detect rather than protect. Since coordination and cooperation with host country police and/or security forces will be required, it will be essential to recognize any political sensitivity that may arise. The Contractor shall be able to adapt the program to accomplish its objectives while easing any concerns by either the Embassy or the host country.

C.5.5.1 General

The Contractor shall provide SD as described in this section. The objectives of the SD operations are to:

• identify and report suspected surveillance of official facilities, designated residences, routes of travel, and U.S. personnel to the COR;

• verify reported surveillance activity as directed by the COR;

• assist the COR in evaluation of individual personal security practices;

• provide protective surveillance of U.S. personnel, upon direction of the COR; and,

• assist the COR in route planning and analysis.

C.5.5.2 Details

Surveillance Detection Coverage requirements: RSO will determine coverage locations and requirements at Post based on existing threat, area analysis, and manpower availability.

Personnel: Employees shall work in civilian clothes. SD Supervisors must have language levels as defined in Exhibit A. Work schedules for SD Supervisors and SD Specialist will be determined by RSO based on coverage requirements, priorities and manpower availability.

C.5.5.3 Methods

Specific methods shall be flexible, adapting to situational variables. Vehicles should never be used as a mobile SD platform or Patrol but only to transport SD personnel to and from outside the operations area. SD personnel shall: identify and immediately report to the COR, suspected surveillance of U.S. facilities or personnel; assist surveillance detection teams in evaluation of individual personal security practices as directed by the COR; directly support surveillance detection team operations, upon request; provide protective surveillance of U.S. personnel, upon direction; become familiar with the vehicles used in their operational areas; and identify suspicious or unusual people, vehicles, activities, buildings, or containers to the COR or his designee.

C.5.5.4 Training of SD Specialists and Supervisors

The Government will provide training in SD techniques for the SD Specialists and Supervisors.

The Government and the Contractor shall arrange a mutually agreeable time for the training (see paragraph H.7.9). If, as a result of the training course, the Contractor determines that alternative approaches to SD would be advisable, the Contractor shall recommend such changes to the COR.

No changes will be effective unless the Government modifies the contract.

C.5.6 RESERVED

C.5.6.1 RESERVED

C.5.7 Closed Circuit Television (CCTV)

The Contractor Guards shall operate the CCTV monitoring equipment where applicable following the guidance contained in Exhibit B. The Contractor shall pay particular attention to any suspicious activity. The Contractor shall note any malfunctioning or broken CCTV equipment in the Post Log and report to the RSO immediately. The Contractor shall ensure all personnel assigned to a CCTV post are properly trained before being assigned to the post (Section H.7.8).

C.5.8 Guard Electronic Monitoring System (GEMS)

In order to maintain the highest level of security for unmanned data points the Contractor shall be responsible for completing a required number of security checks during each shift. In order to ensure that inspections are maintained at the proper levels, the Contractor shall be required to employ a Guard Electronic Monitoring System (GEMS). The GEMS shall be comprised of a portable hand-held data collection device that is used to scan each designated data point along a designated route, completing the required number of visits to each post throughout the daily/nightly tour. The Contractor shall use GEMS for monitoring the quality control of these inspection services.